1789 1811 Statutes at Large 401-600

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Citation: 1 Stat. 401 1789-1799
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THIRD CONGRESS. SEss. I. RES, 4, 5, 6. L794. 401
armed vessels, possessing public commissions from any foreign power, to the em-
gect
(letters of marque excepted) are to be considered as not liable to the
embargo.
APPROVED, April 2, 1794.
April 18, 1794.
IV. RESOLVED by the Senate and House of Representatives of the [Obsolete.]

United States of America in Congress assembled, That the present em- Embargo con.
bargo be continued, andevery regulation concerning the same shall be tinued.
in full force until the twenty-fifth day of May next.
May 7, 1794.
V. RESOLVED by the Senate and House of Representatives of the [Obsolete.]

United States of America in Congress assembled, That the President of Clearances for
the United States be authorized to direct clearances to be granted to any vessels bound
the Cape
ship or vessels belonging to citizens of the United States, which are beyond
of Good Hope
now loaded, bound from any port in the United States, for any port to be granted
beyond the Cape of Good Hope; any thing in the resolution fbr laying during the em.
the embargo, to the contrary notwithstanding: Provided, That before bargo.
the collector of either of the districts of the United States shall grant
clearances, or any such vessel shall sail, the owners thereof shall give
sufficient security to the satisfaction of such collector, that she shall not
unlade her cargo, or any part thereof, at any port or place, previous to
her arrival at the Cape of Good Hope.
APPROVED, May 7, 1794.
Junep, 1794.
V1. REsoLvzD by the Senate and House of Representatives of the [obsolete.]

United States of America in Congress assembled, That the Secretary for Relating to in.
the department of War be, and be is hereby directed to make out an exact valid pension.
list, of the names of each person, returned to him as invalid pensioners, er'.
by the judges of the circuit courts of the United States, (signing them-
selves as commissioners,) under the act of Congress, passed the twenty-
third of March, one thousand seven hundred and ninety-two, intituled
"An act to provide for the settlement of claims of widows and orphans, 1792, ch. 11.
barred by the limitations heretofore established, and to regulate the
claims to invalid pensions," and return to the judge o( each district,
one copy of such list, stating particularly the district from which each
person was returned, and that all are by Congress directed not to be
entered on the pension list. And the said secretary is further directed
to return to each district judge, a list of the names of all such persons, as
have been returned as invalid pensioners by the district judges, under
the act of Congress, passed the twenty-eighth of February, one thousand
seven hundred and ninety-three, intituled "An act to regulate claims to 1793, ch. 17.
invalid pensions;" distinguishing those who have been placed on the
pension list; and those who have not been placed on the same, by rea-
son of their testimony being incomplete, stating, particularly, thfe legal
requisite or requisites, wanting in the evidence of each; and naming
such of them, whose evidence of leaving service is not lodged in his
office. And the judges of the several district courts, upon receipt of the
above described lists and statements, from the Secretary for the depart- 1794, cn. 67.
ment of War, are hereby directed forthwith to publish the same, in one
or more of the newspapers published in their respective districts, adding
to such publication, the time when the act regulating the claims to
invalid pensions expires.
APPROVED, June 9, 1794.
VOL. I.--51 2 L2
HeinOnline -- 1 Stat. 401 1789-1799

THIRD CONGRESS. Sess. I. REs. 7, 8. 1794.
June 9, 1794. VII. RESOLVED by the Senate and House of Representatives of the
Conie of' the United States of America in Congress assembled, That it shall be the
Table ofFees in duty of the respective clerks of the several district courts in the United-
the State Courts States, to return true copies of the tables of fees payable in the supreme
to he sent to the
Attorney Gen- or superior courts of th state in which such clerk resides, to the Attor-
eral. ney General of the United States, on or before the fifth day of December
next.
APPROVED, June 9,.1794.
1794.
Amendment VIII. RESOLVED by the Senate and House of Representatives of the

of the Constitu- United States of America in Congress assembled, two-thirds of both
tion to prevent
suits against
Houses concurring, That the following article be proposed to the legis,
states. latures of the several states, as an amendment to the constitution of the
United States; which when ratified by three-fourths of the said legisla-
tures shall be valid as part of the said constitution, viz:
The judicial power of the United States shall not be construed to
extend to any suit. in law or equity, commenced or prosecuted against
one of the United. States by citizens of another state or by citizens or
subjects of any foreign state.

ACTS OF THE THIRD CONGRESS
OF THE
UNITED STATES,
Passed at the second session, which was begun and held at the City of
Philadelphia,in the State of Pennsylvania, on Monday, the third
day of November, 1794, and ended on the third day of March, 1795.
GEORGE WASHINGTON, President; JOHN ADAMS, Vice President of the
United States, and President of the Senate; HENRY TAZEWELL,
President of the Senate pro tempore, from the twenty-fifth of Feb-
ruary, 1795; FREDERICK AUGUSTUS MUHLENBERG, Speaker of the
House of Representatives.
STATUTE II.
Nov. 29, 1794.
CUAPTER I.-an act to authorize the President to call out and station a cotts of
Mlilitia, in the four western Counties of Pennsylvania,for a limited time.
[Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Certain mili.
of the United States of America in Congress assembled, That a force tia force to be
stationed in four
not exceeding two thousand five hundred non-commissioned officers, western coun.
musicians and privates, to be composed of the militia of the United ties of" Pennsyl-
States, be called forth and stationed in the four western counties of vania.
Pennsylvania, if, in the judgment of the President, the same shall be
deemed necessary to suppress unlawful combinations, and to cause the
laws to be duly executed: Provided,'that the term of service of any
one quota of the militia, to be called into actual service, pursuant to this
act, shall not exceed three months after they shall have arrived at the Term of ser-
place of rendezvous. vice.
SEC. 2. And be it further enacted, That the President of the United President may
States be, and he is hereby authorized, if, in his judgment, it should be direct voluntary
deemed expedient, to direct voluntary enlistments of any of the militia enlistments.
of the United States, in lieu of all, or any part of the force herein
authorized to be called forth, for the purposes aforesaid, for a term of
service not exceeding thirty days after the commencement of the next
session of Congress.
APPROVED, November 29, 1794.
STATUTE I.
CHAP. I.-n aet extending the privilege of franking to James White, the dele-
gate from the Territory rf the United States, south (f the river Ohio ; and Dec. 3, 1794.
making provision for his compensation.
SECTION 1. Be it enacted by the Senate and House of Representatives Privilege of.
of the United States of America in Congress assembled, That James franking exten-
White, the delegate to.Congress from the territory of the United States, ded to James
White,
south of the river Ohio, be entitled to the privilege of sending and
receiving letters free of postage, on the same terms, and under the same
restrictions as are providid for the members of the Senate and of the
House of Represeatatives of the United States, by the act, intituled "An 1792, ch. 7.
act to establish the post-office and post-roads within the United States."
his compensa-
Ssc. 2. And be it further enacted, That the said James White shall
receive for his travelling expenses and attendance in Congress, the same tion.
493

404 THIRD CONGRESS. SESS. II. CH. 3, 4, 6. 1794.
compensation, as is or may be allowed by law, to the members of the

House of Representatives of the United States, to be certified and paid
in like manner.
APPROVED, December 3, 1794.
STATUTE I.
Dec. 12,1794. CHAP. III.-nde the act

.t to amend and explain the twenty-second section of ,"
establishingthe JudicialCourts of the United States."
Act of Sept. 24, WnEREAS by the twenty-second section of the act entitled "An act
1789, ch. 20. to establish the Judicial Courts of the United States," -it is provided that
" Every justice or judge signing a citation on any writ of error, shall
take good and sufficient security that the plaintiff in error shall prosecute
his writ to effect, and answer all damages and costs, if he fail to make
his plea good." And whereas doubts have arisen as to the extent of the
security to be required in certain cases -
Security to be Be it enacted and declared by the Senate and House of Represen-
taken on sign- tatives of the United States of America in Congress assembled, That
ing citation on
writ of error, the security to be required and taken on the signing of a citation on
&c. any writ of error, which shall not be a supersedeas and stay execu-
tion, shall be only to such an amount, as in the opinion of the justice or
judge taking the same, shall be sufficient to answer all such costs as,
upon an affirmance of the judgment or decree, may be adjudged or
decreed to the, respondent in error..
STATUTE II.
Dec. 18, 1794. CHAP. WV.-qan act authorizinga Loan of two million of Dollars.
[Expired.] SECTION 1. Be it enacted by the Senate and House of Representatives

President of of the United States of America in Congress assembled, That the Pre-
United States to sident of the United States be empowered to borrow, on behalf of the
borrow
$2,000,000. United States, any sum not exceeding two million of dollars, at an
interest not exceeding five per cent. per annum, reimbursable at the
pleasure of the United States, to be applied to such public purposes, as
are authorized by law, and to be repaid out of the duties on impost and
tonnage, to the end of the year one thousand seven hundred and ninety-
five.
Bank of Uni. SEC. 2. And be it further'enacted, That it shall be lawful for the
tei States may Bank of the United States, and the said bank hereby is authorized and
loan said sum.
empowered to loan the said sum, or any part thereof.
. APPROVED, December 18, 1794.
STATUTE It.
Dec. 31, 1794. CHAP. VI.-n .3t making appropriationsfor the support of 'themilitary estab-
lishment for the year one thousand stven hundred and ninety-five; and for the
expenses of the Militia lately called into the service of the United States.
tObsolete.]
Specific ap- SECTION 1. Be it enacted by the Senate and House of Representatives
propriations for of the United States of America in Congress assembled, That there be
militia on 'ex.
pedition to appropriated for the pay, subsistence, forage and other expenses attend-
western coun- ing the militia in their late expedition to the western counties of Penn-
ties of Pennsyl- sylvania, a sum not exceeding one million, one hundred and twenty-two
vania.
thousand, five hundred and sixty-nine dollars and one cent; that is to
say :-For the pay, subsistence and forage of the general staff, eighteen
thousand six hundred and eighty-one dollars and thirty-four cents :-For
the pay, subsistence and forage of the militia of New Jersey, eighty-
eight thousand, seven hundred and eighteen dollars, and twenty-five
cents :-For the pay, subsistence and forage of the militia of Pennsyl-
vania, two hundred and ten thousand, eight hundred and seventy-five
dollars and thirty cents :-For the pay, subsistence and forage of the

THIRD CONGRESS. SEss. II. CH. 8. 1795.
militia of Maryland, fifty-eight thousand six hundred and sixty dollars Specificappro.
&c.
and ninety-one cents :-For the pay, subsistence and forage of the militia priations,
of Virginia, one hundred and seventy-five thousand and seven dollars
and five cents :-For the pay and subsistence of artificers and drivers
of ordnance, two thousand seven hundred and thirty-four dollars :-For
the pay and subsistence of the cavalry of Virginia, twenty-two thousand
three hundred and ninety-seven dollars and sixteen cents :-For clothing,
eighty-three thousand one hundred and forty dollars :-For camp equip-
age, twenty-eight thousand seven hundred and seventeen dollars :-For
hospital stores, two thousand seven hundred and seventy dollars :-For
military stores, thirty-four thousand one hundred dollars :-For the
quartermaster's and paymaster's departments, three hundred and sixty-
three thousand six hundred dollars :-For forage for the cavalry, thirty-
three thousand one hundred and sixty-eight dollars.
SEc. 2. And be it further enacted, That a sum not exceeding five for military
hundred thousand dollars, be appropriated towards defraying the expense establishment
of the military establishment, for the year one thousand seven hundred for 1795.
and ninety-five.
Sac. 3. And be it further enacted, That the several sums of money out of what
aforesaid, shall be paid and discharged out of the funds following, to funds payable.
wit :-First, the balance which may remain unexpended, of the sum of
six hundred thousand dollars, reserved by the act making provision for Vo, ob. 34.
the debt of the United States, after satisfying the appropriations made
in the present session, -for the support of government :-Secondly, the
surplus of revenue and income beyond the appropriations heretofore
charged thereupon, to the end of the year one thousand seven hundred
and ninety-five.
STATUTE 11.
CHAP. VIII.-In dlct making appropriationsfor the support of Government far Jan. 2, 1795.
the year one thousand seven hundred and ninetyfive.
EObsolete.]
SECTION 1. Be it enacted by the Senate and House of Representa- Specific ap-
tives of the United States of America in Congress assembled, That for propriations for
defraying the expenditure of the civil list of the United States, for the support of gov-
ernment for
year one thousand seven hundred and ninety-five, together with the in- 1795.
cidental and contingent expenses of the several departments and offices
thereof, there be appropriated a sum of money not exceeding four hun-
dred and thirty-two thousand seven hundred and forty-nine dollars and
fifty-three cents; that is to say :
For the compensations granted by law to the President and Vice-
President of the United States, thirty thousand dollars.
For the like compensations to the members of the Senate and House
of Representatives, their officers and attendants, estimated for a session
of six months continuance, one hundred and eighty-five thousand eight
hundred and ninety dollars.
For the expenses of firewood, stationery, printing work and all other
contingent expenses of the two Houses of Congress, nine thousand five
hundred dollars.
For the compensations granted by law to the chief justice, associate
judges, district judges and attorney-general, forty-three thousand two
hundred dollars.
For defraying the expense of clerks of courts, jurors and witnesses,
in aid of the fund arising from fines, forfeitures and penalties, twelve
thousand dollars.
For defraying the expenses of prosecutions for offences against the
United States, and for the safe keeping of prisoners, four thousand
dollars.

THIRD CONGRESS. Sass. II. CH. 8. 1795..
Specific ap- For compensation to the Secretary of State, clerks and persons em-
propriations for
sapport of gov.
ployed in that department, seven thousand seven hundred and fifty
erument for dollars.
1795. For incidental and contingent expenses in fhe said department, three
thousand nine hundred
For compensation and seventy-one dollars and seventy-nine cents.
to the Secretary of the Treasury, clerks and .persons
employed in his office, seven thousand eight hundred and fifty dollars.
For expense of stationery, printing and all other contingent expenses
in the office of the Secretary of the Treasury, five huridred dollars.
For compensation to the Comptroller of the Treasury, clerks and
persons employed in his office, ten thousand two hundred dollars.
in the Comptroller's office, eight hundred dollars.
For compensation to the Treasurer, clcrks and persons. employed in
his office, four thousand one hundred dollars.
For expense of firewood, stationery, printing, rent and other contin-
gencies in the Treasurer's office, six hundred dollars.
For compensation to the Auditor of the Treasury, clerks and persons
employed in his office, eleven thousand four hundred and fifty dollars.
For expense of stationery, printing and other contingent expenses in
the Auditor's office, five hundred dollars.
For compensation to the Commissioner of the Revenue, clerks and per-
sons employed in his office, six thousand one hundred and fifty dollars.
the office of the Commissioner, four hundred dollars.
For compensation to the Register of the Treasury, clerks and persons
employed in his office, fifteen thousand five hundred dollars.
For expense of stationery, printing and all other contingent expenses,
in the Register's office (including books for the public stocks) two thou-
sand four hundred dollars.
For the payment of rent for the several houses employed in the Trea-
sury department (except the Treasurer's office) one thousand nine hun-
dred and forty-six dollars, and sixty-eight cents.
For expense of firewood -and candles in the several offices of the
Treasury department (except the Treasurer's office) one thousand five
hundred dollars.
For defraying the expense incident to the stating and printing the
public accounts for the year one thousand seven hundred and ninety-
five, eight hundred dollars.
For compensations to the several loan officers, thirteen thousand two
hundred and fifty dollars.
For compensation to the Secretary of War, clerks and persons em-
ployed in his office, eight thousand five hundred and fifty dollars.
gent expenses in the office of the Secretary of War, one thousand one
hundred and thirty-three dollars, and thirty-three cents.
For compensation to the accountant to the War department, clerks and
persons employed in his office, six thousand four hundred and fifty dollars.
For contingent expenses in the office of the accountant to the War
department, six hundred dollars.
For compensrtions to the following officers of the Mint -- The Direc-
tor, two thousand dollars; the Treasurer, one thousand two hundred
dollars; the Assayer, onie thousand five hundred dollars; the Chief
Coiner, one thousand five hundred dollars; the Engraver, one thousand
two hundred dollars; four clerks, at five hundred dollars each, two
thousand dollars.
For defraying the expenses of laborers in the different branches of
refinery, melting and coining. at the mint, five thousand two hundred
dollars.

THIRD CONGRESS. SEss. II. Cn. S. 1795.
of mechanics
Forforthethepaymint, employed
two thousand in making
six hundred and repairing machi- Specific appro-
dolars, priat;ons fbr
nery nsupport of gov-
For the purchase of a new coining press, ironmongery, lead, wood, ernment for
coals, stationery, office furniture, and for other contingencies-of the 1795.
establishment of the mint, five thousand five hundred dollars.
For the purchase of a house and lot for the mint, and of lumber,
bricks and other materials for buildings to be erected, and other neces-
sary improvements to be made, including mason's and carpenter's work,
cartage and laborers, one thousand nine hundred dollars.
For compensations to the governors, secretaries and judges of the ter-
ritory northwest, and the territory south of the river Ohio, ten thousand
three hundred dollars.
For expenses of stationery, office rent, printing patents for lands, and
other contingent expenses in both the said territories, seven hundred
dollars.
For the payment of sundry pensions granted by the late government,
two thousand and seven dollars, and seventy-three cents.
For the annual allowance to the widow and orphan children of Colo-
nel John Harding, and to the orphan children of Major Alexander
Trueman, by the act of Congress of the twenty-seventh of February, 1793, ch. 14.
one thousand seven hundred and ninety-three, seven hundred and fifty
dollars.
For the annual allowance for the education of Hugh Mercer, son of
the late Major General Mercer, by the act of Congress of the second
of March, one thousand seven hundred and ninety-three, four hundred t793, el.28.
dollars.
For the discharge of such demands against the United States, on
account of the civil department, not otherwise provided for, as shall
have been ascertained and admitted in due course of settlement at the
treasury, and which are of a nature, according to the usage thereof, to
require payment in specie, three thousand dollars.
Sac. 2. And be it further enacted, That for the maintenance and For lighthouses.
support of lighthouses, beacons, buoys, public piers, and stakeage of
channels, bars and shoals, there shall be appropriated a sum of -money,
not exceeding twenty thousand dollars; and for making good a deficien-
cy of appropriation for building a lighthouse at Baldhead, there shall be
appropriated a sum not exceeding four thousand dollars.
Sac. 3. And be itfurther enacted, That for discharging certain mis- Specific ap-
cellaneous claims upon the United States, there shall be appropriated a miscellaneous
propriations for
sum of money not-exceeding eight thousand and four dollars, and thir- claims, &c.
teen cents, that is to say :-For making good, to the Bank of the United
States, loss and insurance on shipments of money for, and on account
of the United States, and for loss on silver and gold, received from the
collectors at Wilmington and Edenton, one thousand four hundred and
twelve dollars, and ninety-three cents :-For paying Joseph Stretch, sole
administrator of Joseph Wright, deceased, for modelling a likeness,
and cutting two dies, in conformity to a resolution of Congress, of the
twenty-fourth of September, one thousand seven hundred and seventy-
nine, two hundred and thirty-three dollars, and thirty-three cents :-For
the payment of a balance due to Arthur St. Clair, pursuant to an act 1794, ch. 38.
of Congress, of the thirty-first of May, one thousand seven hundred and
ninety-four, one thousand and fifty-seven dollars, arid eighty-seven cents:
-For an allowance to the widow and orphan children of Robert For-
syth, late marshal of the district of Georgia, pursuant to an act of June
the seventh, one thousand seven hundred and ninety-four, two thousand 1794, ch.56.
dollars :-For defraying the expense of publishing lists of invalid pen-
sioners, in compliance with the resolution of Congress, of the ninth of
June, one thousand seven hundred and ninety-four, eight hundred dol- Ante, p. 401.
lars:-For defraying the expense of sundry expresses to and from the

THIRD CONGRESS. SESS. II. CH. 9. 1795.
collectors of the revenue, in relation to the embargo, five hundred

dollars :-For the discharge of such miscellaneous demands against the
United States, other than those on account of the civil department, not
otherwise provided for, and which shall have been ascertained and
admitted in due course of settlement at the treasury, and which are of
a nature, according to the usage thereof, to require payment in specie,
two thousand dollars.
Out of what SEC. 4. And be it further enacted, That the several appropriations,
fund payable. herein before made, shall bg paid and discharged out of the fund of six
1790, ch. 34. hundred thousand dollars, reserved by the act making provision for the
debt of the United States.
APPaOVED, January 2, 1795.
STATUTE II.
Jan. 2, 1795. CHAP. IX.-dn -et to regulate the pay of the non.commissioned officers, musicians
and privates of the Militia of the United States, when called into actual service,
and for other purposes.
[Obsolete.]
Monthly pay SECTION 1. Be it enacted by the Senate and House of Representa-
of non-commis,
sioned tves of the United States of America in Congress assembled, That from
officers,tv
&c. and after the passing of this act, the allowance of bounty, clothing and
pay to the non-commissioned officers, musicians and privates of the in-
fantry, artillery and cavalry of the militia of the United States, when
called into actual service, shall be at the rate per month, as follows:-
Each serjeant-major and quartermaster-serjeant, nine dollars; each drum
and fife-major, eight dollars and thirty-three cents; each serjeant, eight
dollars ; each corporal, drummer, fifer and trumpeter, seven dollars and
thirty-three cents; each farrier, saddler and artificer (included as a pri-
vate) eight dollars; each gunner, bombardier and private, six dollars and
sixty-six cents.
Certain
ance allow.
to the cay- SEC. 2. And be it further enacted, That in addition to the monthly
ary. pay, there shall be allowed to each officer, non-commissioned officer,
musician and private of the cavalry, for the use of his horse,
arms and
accoutrements, and for the risk thereof, except of horses killed in action,
forty cents per day; and to each non-commissioned officer, musician and
private, twenty-five cents per day, in lieu of rations and forage, when
they shall provide the same.
Pay, when to SEC. 3. And be it further enacted, That whenever the militia shall
commence. be called into the actual service of the United States, their pay shall be
deemed to commence from the day of their appearing at the places of
battalion, regimental or brigade rendezvous; allowing to each non-com-
missioned officer, musician and private soldier, a day's pay and rations,
Allowance for for every fifteen miles from his home to such place of rendezvous, and
travelling, the same allowance for travelling home from the place of discharge.
Additional pay SEC. 4. And be it further enacted, That in addition to the pay here-
to the militia tofore authorized by law, there shall be allowed and paid to the non-
called forth in commissioned officers, musicians and privates of the militia lately called
the expedition to
Fort Pitt. forth into the actual service of the United States, on an expedition to
Fort Pitt, such sums as shall, with the pay heretofore by law established,
be equal to the allowances respectively provided in the first and, second
sections of this act. Provided neverthdess, That the compensations
made by any state, to the militia called forth from such state, shall
be deemed to be included in the additional allowance authorized by this
States to be act; and such state shall be entitled to receive from the treasury of the
reimbursed a United States, such sums as they shall have paid, or allowed to the non-
certain sum. commissioned officers, musicians and privates, over and above tJe pay
heretofore allowed by law, and not exceeding the additional allowance
granted by this act.
Sre. 5. And be it further enacted, That for the completing and better

THIRD CONGRESS. SEss. I. CH. 10, 11. 1795. 409
supporting the military establishment of the United States, as provided Additional pay
by the act, intituled "An act making further and more effectual pro- or enlisted'
vision for the protection of the frontiers of the United States," there troops.
shall be allowed and paid, from and after the first day of January, one 1792, oh. 9.
thousand seven hundred and ninety-five, to each non-commissioned offi-
cer, musician and private now in service, or hereafter to be enlisted, the 1795, oh. 19.
additional pay of one dollar per month, during the terms' of their re-
spective enlistments; 4nd to each soldier now in the service of the United
States, or discharged therefrom, subsequent to the third day of March Additional
last, who shall re-enlist after the first day of January next, an additional bounty on re-
bounty of eight dollars, making the entire bounty sixteen dollars; and to
each person not now in the army of the United States, or discharged,
as above, who shall enlist after the said first day of January next, an
additional bounty of six dollars, making the entire bounty fourteen dol-
lars: but the payment of four dollars of each additional bounty hereby Part of the
granted, shall be deferred until the soldier enlisting shall join the regi- additional boun.
ty to be defer-
ment or corps, in which he is to serve, red.
SEc. 6. And be it further enacted, That to those in the military ser- Increbse of ra-
vice of the United States, who are,.or shall be employed on the western tions to those
tm employed in the
frontiers, there shall be allowed, during the time of their being so era- military service
ployed, two ounces of flour or bread, and two ounces of beef or pork, in of the U. States
addition to each of their ration, and half a pint of salt, in addition to on the western
every hundred of their rations. frontiers..
AProvElD, January 2, 1795.
STATUTE II.
ChAP. X.-n Act authorizing the transfer of the Stock standing to the credit of Jan. 2, 1795.
certain States.
Be it enacted by the Senate and House of Representatives of the [Obsolete.]
United States of America in Congress assembled, That at any time Certain stock
standing to the
within two years from the passing of this act. transfers shall and credit of a state
may be authorized, of so much of the stock standing to the credit of to be transfer-
any state, pursuant to the report of the commissioners for settling red to its cre-
accounts between the United States and individual states, and the act ditors.
passed thereon, intituled "An act making provision for the payment of' 1794, ch. 37.
the interest on the balances due to certain states, upon a final settlement 1797, ch. 14.
of the accounts between the United States and the individual states,"
to creditors of such state, who were such, prior to the first day of July,
one thousand seven hundred and ninety-three, as may be necessary to
satisfy their respective demands: Provided, That no such transfer shall Proviso.
be made but with the consent of the said state and its creditors.
APPROVED, January 2, 1795.
STATUTE IL
CHAP. XI.-An Act. providing for the payment of certain instalments fforeign Jan. 8, 1795.
debts; and of the third instalment due on a loan made if the Bank ef Ike
United States.
[Obsolete.]
Be it enactedby the Senate and House of Representatives of the United Certain instal-
States of America, in Congress assembled, That the President of the ments of debt
United States be, and he hereby is authorized and empowered to cause any how to be paid.
instalments of the foreign debts, which may fall due in the year one
thousand seven hundred and ninety-five, and also the third instalment
due on a loan made of the Bank of the United States, in pursuance of
the eleventh section of the act for incorporating the subscribers to the 1791, ch. 10.
said bank, to be paid out of the proceeds of any foreign loans heretofore
made.
APPR6VED, January S, 1795.
VOL. 1-52 2 M

THIRD CONGRESS. Sss. II. Cir. 12, 13, 14. 1795.
STATUTE II.
Jan. 28, 1795. CnAP. XII.-on .2et for reviving certain'suits and process which have been dis-
continued in the Dish'ict Court ,f Pensylvania.
[Obsolete.]
Certain suits Be it enacted by the Senate and House of Representatives of the United
and process re- States of America, in Congressassembled, That all suits and process which
vived in the dis-
trict court of were pending in the district court of Pennsylvania, which, by law, ought
Pennsylvania. to have been holden on the third Monday of November last, and which
were discontinued by the failure to hold the same; and all suits and pro-
Resolution of cess which were commenced for the said court, or returnable thereto;
March 26, 1794.
and also all suits and process, which were pending in any special court
of the said district, and discontinued by failure to hold the adjournment
thereof, on the day appointed, at any time since the last day of July last,
be, and they are hereby revived; and hereby day is given to all the suits
and process aforesaid, in the district court next by law to be holden in
the same district; and the same proceedings may be had at the same
last mentioned court, in all the suits and process aforesaid, as by law
might have been had at the courts, respectively, in which the same were
pending, or to which the same were returnable.
APPR oVED, January 28, 1795.
STATUTE II.
Jan. 2S, 1795. CHAP. XIII.-./n Set further extending the time for receiving on loan the Do.
mes'ic Debt of the Un5ited States.
[Obsolete1
Time for re- SECTION 1. Be it enacted by the Senate and House of Representatives
ceiving on loan
the domestic
of the United States of America, in Congress asstmbled That the
debt extended term for receiving on loan that part of the domestic debt of the United
till the 31st De. States which has not been subscribed in pursuance of the provisions
cember next. heretofore made by law for that purpose, be and the same is hereby
1
further extended until the thirty-first day of December next, on the same
Ante, pp.28 , terms and conditions as are contained in the act, entitled "An act
33S. 370.
1790, ch. 34. making provision for the debt of the United States." Provided, That
the books for receiving the said subscriptions shall be opened only at the
treasury of the United States.
Non-subscrib. SEc. 2. And be it further enacted, That such of the creditors of the
ing.States of United States as have not subscribed and shall not subscribe to the said
creditors re-
ceive br toone
U
oan shall nevertheless receive during the year one thousand seven
year five per hundred and ninety-five a rate per centum on the amount of such of
cent.
demands. on their their demands as have been registered or as shall be registered at the
treasury conformable to the directions in the act, entitled " An act
ch.34. making provision for the debt of the United States," equal to the interest
1790 , which would be payable to them as subscribing creditors.
APPROVED, January 2S, 1795.
STATUTE II.
Jan. 28, 1795. CHAP. XIV.-,qn .let for the remission of the tonnage Duties on certain French
vessels.
[Obsolete.],
Certain ton- Be it enacted by the Senate and House of Representatives of tke
nage remitted. United States of America in Congress assembled, That the duties on the
tonnage of sundry shallops and small schooners, lately employed to con-
vey to Boston, a number of French citizens, late inhabitants of Saint
Petre and Miquelon, from Halifax and Shelburne in Nova Scotia,
where they had been sent prisoners by the British, during the present
war, be, and the same are hereby remitted.
APPROVED, January 2S, 1795.

THIRD CONGRESS. SFss. II. CH. 17, 18. 1795. . 411.
STATUTE II
CHAP. XVII.-Yn .et supplementaryto the several acts imposing duties on goods, Jan. 29,1795.
wares and merchandise imported into the United States.
(Obsolete.)
WhEREAS difficulties have arisen in ascertaining the duties on certain
articles imported into the United States, and further provisions for secur-
ing the collection of the impost duties, are found necessary :
SEC. 1. Be it enacted by the Senate and House of Ripresentativesof the New duty
United States of Anzrnrica in Congress assembled, That in lieu of the pre- placed ten spe-
sent duties, there shall be levied, collected and paid upon all printing types
which, after the last day of March next, shall be imported into the United
States, in ships or vessels of the United States, at the rate of ten per cent.,
and upon all girandoles, at the rate of twenty per cent. ad valorem; that
after the said last day of March next, the present duties payable upon
clayed sugars, shall cease, and there shall be paid upon all'white clayed
or white powdered sugars, three cents per pound, and upon all other
clayed or powdered sugars, one and a half cent per pound; upon Malaga
wine, twenty cents; upon burgundy and champaign, forty cents per
gallon.
SEc. 2. And be it further enacted, That after the said last day of Duty on tea.
March, teas, commonly called imperial, gunpowder or gomee, shall pay
the same duties as hyson teas: and where any entire article is, by any ticle Partto of ar-
payanpro.
law of the United States, made subject to the payment of duties, the portionably to
parts thereof, when imported separately, shall be subject to the payment the whole.
of the same rate of duties.
SEC. 3. And be it further enacted, That after the said last day of to Duties ad val.
be estimated
March, the valuation of all goods, wares and merchandise, subject to the at the place of
payment of duties ad valorem, shall be made upon the actual cost at the exportation.
place of exportation, including all charges (commissions, outside pack-
ages arid insurance only excepted), that the duty on any wines imported
into the United States shall not be less than ten cents per gallon, and
that bottles, in which any liquor is imported, shall be subject to the pay-
merit of the like duty as empty bottles.
SEc. 4. And be it further enacted, That the duties upon all goods, Duties above
t, 'fifty dollars how
wares and merchandise imported into the United States, after the said to be paid.
last day of March, (where the sum payable by one person or copartner-
ship shall amount to .more than fifty dollars,) shall be payable upon all
articles, the produce of the West Indies (salt excepted), the one half in
three, and the other half in six calendar months; and on all goods,
wares and merchandise imported from Europe, (wines, salt and teas
excepted,) one third in eight months, one third in ten months, and the
remaining third in twelve months, from the time of each respective im- 1799, oh. 22.
portation.
SEC. 5. And be it further • on foreigndu-
enacted, That in respect to the aforesaid tyAdditional
duties, and the duties heretofore imposed 6n goods, wares and mer- vessels.
chandise imported into the United States, there shall be an addition of
ten per cent, to the several rates of duties, when imported in ships or
vessels not of the United States: except in cases, where such additional
duty has been before specially laid on any goods, wares or merchandise
imported in such ships or vessels.
SEC. 6. And be it further enacted, That the duties aforesaid shall be Duty how to
collected in like manner, and under the same regulations, restrictions be collected
and provisions, and subject to the like appropriations, as goods, wares ted.
and merchandise imRorted into the United States are now subject to.
STATUTE II.
CHAP.XVII .-- A .et making-furtherprovision in cases of Drawbacks. Jan. 29, 1795.

WHEIEAS the allowance of drawbacks on goods, wares and merchan- 1799, ch. 22.
dise imported into the United States is now limited to such as are ex-

THIRD CONGRESS. SEss. II Cn. 18. 1795.
Repealed by ported from districts into which the same are imported, and great loss
Act ofMarch 2, and inconvenience are experienced from such limitation, and further
1799, oh. 22. provision, in respect to goods, wares or merchandise entitled to draw-
back, is deemed necessary:
Drawbacks in SEC. 1. Be it enacted by the Senate and House of .Representatives f
other districts the United States of America in Congress assembled, That after the last
thin those into
which the goods day of March next, any goods, wares and merchandise imported into
were imported, the U~ited States, may be exported from any of the ports at which ships
and vessels from the Cape of Good Hope, or from any place beyond the
same, are admitted to make entry, and entitled to the same drawback of
the duties, as goods, wares and merchandise exported from the districts
Proviso. into which they are imported, are now entitled to: Provided nevertheless,
That such goods, wares and merchandise shall not be entitled to such
drawback, unless they shall be accompanied by a certificate from the
collector of the district into which they were imported, specifying the
marks, numbers and descriptions of the casks or packages, with the
names of the master and vessel in which, the time when, and the place
from whence they were imported; and where the articles pay duties by
weight or measure, the quantity in each; and in all cases, the amount
of the duties paid or secured thereon.
Manner of re- SEC. 2. And be it further enacted, That in order to entitle any person
ceiving certifi- -to such certificate, he or they shall make out an entry of all such goods,
cate to entitle
exporter to wares and merchandise, specifying the marks, numbers and descriptions
drawback, of the casks or packages and their contents, the names of the master
and vessel in which, the time when, and the place from which they were
imported; the names of the master and vessel in which they are intend-
ed to be laden, and the district in the United States to which they are
destined; and shall moreover make oath or affirmation to the truth of
such entry ; which requisites being complied with, and the collector sat-
isfied with the truth thereof, he shall grant such certificate, and such
goods, wares and merchandise shall be entered with the collector of the
district, into which they shall be brought from the place of their importa-
tion, previous to the landing or unlading thereof.
Certain articles SEC. 3. And be it further enacted, That after the last day of March
may have their next, it shall be lawful for the importer or exporter of any liquors in
packages filled
up or changed. casks, coffee in casks or other packages, or any unrefined sugars, to fill
up the casks or packages, out of other casks or packages included in the
original importation, or into new casks or packages, in case the original
cask or package shall be so injured, as to be rendered unfit for exporta-
tion, and under the inspection of the inspector of the port, from which
such liquors, coffee or unrefined sugars are intended to be exported.
SEc. 4. And be it further enacte4, That when any goods, wares or
merchandise entitled to drawback, shall be entered for exportation, from
any other district than the one into which they were imported, the per-
son intending to export the same, besides producing the certificate herein
Entry and ex- before directed, shall make an entry, in like manner, and the goods,
amination ne- wares and merchandise therein expressed shall undergo the same exami-
cessary. nation, as is by law required, relative to goods, wares and merchandise
entitled to drawback, and intended to be exported from the place of
original importation.
Debenture for SEC. 5. And be it further enacted, That for all goods, wares and
drawback how merchandise entitled to drawback, which, after the last day of March
and when to be
paid. next, shall be exported from the district into which they were originally
imported, the exporter or exporters shall be entitled to receive from the
collector of such district, a debenture or debentures for the amount of
the drawback, to which such goods, wares or merchandise are entitled,
payable at the same time or times respectively, on, which the duties on
the said goods, wares or merchandise shall become due, except the
same, or any part thereof has been paid, or shall beccme payable in less

THIRD CONGRESS. Sass. II. Cu. 18. 1795. 413
than three months; in which case, such debenture shall be payable in

three months: and it shall be the duty of the said collectors to discharge
such debentures, at the time they become due, out of any public money
in their hands.. And where goods, wares and merchandise are exported When goods
from are exported
any other district, than the one into which they were imported, it from a district,
shall be the duty of the collector of such district, to grant to the exporter, other than that
a certificate expressing that such goods, wares and merchandise were into which they
exported from his district, with the marks, numbers and description of weretainmportedifi
the packages and their contents, the name of the vessel on which they cate tobe grant.
were laden, the name of the commander, and the port for which they ed;
were cleared out, and the amount of the drawback, to which they are
entitled. And such certificate shall entitle the possessor thereof, to which shall en.
receive from the collector of the district, with whom the duties on the title to deben.
goods, wares and merchandise were paid or secured, a debenture tre.
said
or debentures for the drawback expressed in the said certificates, payable
at the same time, and in like manner, as is herein directed for deben-
tures on goods, wares and merchandise exported from the place of their
first importation: Provided nevertheless, That the collector aforesaid Proviso.
may refuse to grant such debenture or debentures, in case it shall appear
to him, that any error has arisen, or any fraud has been committed; and
in case of such refusal, if the debenture or debentures claimed shall
exceed one hundred dollars, it shall be his duty to represent the case to
the Comptroller of the Treasury, who shall determine, whether such
debenture or debentures shall be granted or not: And provided always, No drawback
That in no case of an exportation by the original importer, shall a draw- to be paid be-
fore duties are
back be paid, until the duties on the importation thereof shall have been received.
first received.
SEc. 6. And be it further enacted, That before the receipt of any
such debenture, in case of exportation from the district of original im-
portation, and in case of exportation from any other district, before the
receipt of any such certificate, the person applying for the same shall Bond to be
give bond with one or more sureties, to the satisfaction of the collector giventoproduce
.L.certificate orex-
who is to grant the debenture, or the certificate, as the case may be, in portation within
a sum equal to double the amount of the sum, for which such debenture a limited time.
or certificate is granted, conditioned to produce to such collector, like
proof and certificates of the delivery of such goods, wares or merchan-
dise, at some place without the United States, as are now required by
law for obtaining the drawback on exportation, within one year, in case
such goods have been shipped to any part of Europe or America, and
within two years, if to any part of Asia or Africa: Providednevertheless, Proviso.
That when it shall be made appear to the satisfaction of the collector, to
whom such certificates are directed to be returned, that such certificates
could not be obtained, the exporter or exporters shall be permitted to
offer such other testimony, as to the landing or loss of the goods, wares
and merchandise, as he may have; which proof shall be referred to the
Comptroller of the Treasury, who shall have power and authority to
admit the same, if he shall deem it satisfactory, and to direct the col-
lector to cancel the bond accordingly.
Snc. 7. And be it further enacted, That so much of the act, intituled Part of former
"An act to provide more effectually for the collection of the duties imposed act repealed.
by law on goods, wares and merchandise imported into the United 1790, ch. 35.
States, and on the tonnage of ships or vessels," as extends the credits
on bonds given for duties on account of the drawback on goods exported,
shall, after the said last day of March next, be repealed: Provided, That Proviso.
nothing herein contained shall be construed to extend to any allowance
made upon goods, wares and merchandise imported before the said last
day of March next.
2M 2

THIRD CONGRESS. SEss. I. CH. 19, 20. 1795.
STATUTE II.
Jan. 29, 1795. CHAP. XIX.-ss .Bct in addition to the act entitled ".,q3n act to rerulate the
the non-commissioned rfcers, musicians and privates if the Militia if the
pay (if
United States, when called into actual service, and for ulher purposes
[Obsolete.]
Augmentation Be it enacted by the Senate and House of Representativesof theU7nited
of bounty ren- States of America in Congress assembled, That the augmentation of
dered more gen-
eral. bounty authorized by the fifth section of the act, entitled "An act to
1795, ch. 9. regulate the pay of the non-commissioned officers, musicians and privates
of the militia of the United States, when called into actual service, and
for other purposes," shall be allowed and paid to such recruits as shall
have enlisted after the passing of the said act, or as shall hereafter enlist,
in like manner as is by the said act provided in cases of enlistment after
the first day of January next.
STATUTE Il.
Jan. 29, 1795. CHAP. XX.-ln ct to establish an uniform rule if Naturalization; and to repeal
Act of March the act heretofore passed on that subject.(a)
26, 1790,ch. 3. FOR carrying into complete effect, the power given by the constitu-
Repealed by
Act of' April 14, tion, to establish an uniform rule of naturalization throughout the United
1802, ch. 28. States:
How an alien SECTiON 1. Be it enacted by the Senate and House of Representatives
may become a
citizen, of the United States of America in Congress assembled, That any alien,
being a free white person, may be admitted to become a citizen of the
United States, or any of them, on the following conditions, and not
otherwise :-,-
To express his First. He shall have declared on oath or affirmation, before the
desire ofbecom. supreme, superior, district or circuit court of some one of the states, or
ing a citizen,
and to renounce of the territories northwest or south of the river Ohio, or a circuit or
his former alle- district court of the United States, three years, at least, before his ad-
glance. mission, that it was bona fide, his intention to become a citizen of the
United States, and to renounce forever all allegiance and fidelity to any
foreign prince, potentate, state or sovereignty whatever, and particularly,
by name, the prince, potentate, state or sovereignty whereof such alien
may, at the time, be a citizen or subject.
To have cer. Secondly. He shall, at the time of his application to be admitted,
tain residence, declare on oath or affirmation, before some one of the courts aforesaid,
that he has resided within the United States, five years at least, and
within the state or territory, where such court is at the time held, one
To be sworn year at least; that he will support the constitution of the United States;
or affirmed to and that he doth absolutely and entirely renounce and abjure all alle-
supportthe con. giance and fidelity to every foreign prince, potentate, state or sovereignty
stitution.foegsorent
To renounce whatever, and particularly by name, the prince, potentate, state or sove-
former allegi- reignty, whereof he was before a citizen or subject; which proceedings
ance. shall be recorded by the clerk of the court.
Court to be Thirdly. The court admitting such alien, shall be satisfied that he
satisfied of cer- has resided within the limits and under the jurisdiction of the United
tain things. States five years; and it shall further appear to their satisfaction, that
during that time, he has behaved as a man of a good moral character,
attached to the principles of the c:onstitution of the United States, and
well disposed to the good order and happiness of the same.
To renounce Fourthly. In case the alien applying to be admitted to citizeriship
title, &c. shall have borne any hereditary title, or been of any of the orders of
nobility, in the kingdom or state from which he came, he shall, in addi-
tion to the above requisites, make an express renunciation of his title or
order of nobility, in the court to which his application shall be made;
which renunciation shall be recorded in the said court.
(a) See note to act of March 26, 1790, chap. 3.

THIRD CONGRESS. SEss. II. Cn. 21. 1795.
SEC. 2. Provided always, and be it further enacted, That any alien How an alien
now residing within the limits and under the jurisdiction of the United now residentin
States, may be admitted to become a citizen, on his declaring on oath or the U. States
shall become a
affirmation, in some one of the courts aforesaid, that he has resided two citizen.
years, at least, within and under the jurisdiction of the same, and one
year, at least, within the state or territory where such court is at the
time held; that he will support the constitution of the United States;
and that he doth absolutely and entirely renounce and abjure all alle-
giance and fidelity to any foreign prince, potentate, state or sovereignty
whatever, and particularly by name, the prince, potentate, state or sove-
reignty, whereof he was before a citizen or subject; and moreover on
its appearing to the satisfaction of the court, that during the said term
of two years, he has behaved as a man of good moral character, attached
to the constitution of the United States, and well disposed to the good
order and happiness of the same; and, where the alien, applying for
admission to citizenship, shall have borne any hereditary title, or been
of any or the orders of nobility in the kingdom or state from which he
came, on his moreover making in the court an express renunciation of
his title or order of nobility, before he shall be entitled to such admission ;
all of which proceedings, required in this proviso to be performed in
the court, shall be recorded by the clerk thereof.
SEc. 3. And be it further enacted, That the children of persons duly How children
nshall obtain citi-
naturalized, dwelling within the United States, and being under the age zenship through
of twenty-one years, at the time of such naturalization; and the children their parents.
of citizens of the United States, born out of the limits and jurisdiction
of the United States, shall be considered as citizens of the United States:
Provided, That the right of citizenship shall not descend to persons,
whose fathers have never been resident in the United States: Provided
also, That no person heretofore proscribed by any state, or who has
been legally convicted of having joined the army of Great Britain, during
the late war, shall be admitted a citizen as aforesaid, without the con-
sent of the legislature of the state, in which such person was proscribed.
SEc. 4. And be it further enacted, That the act intituled "An act Former act
to establish an uniform rule of naturalization," passed the twenty-sixth repealed.
day of March, one thousand seven hundred and ninety, be, and the 1790, ch. 3.
same is hereby repealed.
STATUTE II.
C RAP. XXI.-An /clto amend the act intituled "Sn act making alterations in Feb. 13,1795.
the Treasury and War departments."(a)
Act of May 8,
Be it enacted "by the Senate and House of Representatives of the 1792 ch.37.
United States of America in Congress assembled, That in case of [Obsolete.]
vacancy in the office of Secretary of State, Secretary of the Treasury, In case orva-
or of the Secretary of the department of War,-or of any officer of either daenthe
de-
of the said departments, whose appointment is not in the head thereof, sident to fill
whereby they cannot perform the duties of their said respective offices; them.
it shall be lawful for the President of the United States, in case he shall
think it necessary, to authorize any person or persons, at his discretion,
to perform the duties of the said respective offices, until a successor be
appointed, or such vacancy be filled : Provided, That no one vacancy Proviso.
shall be supplied, in manner aforesaid, for a longer term than six months.
APPROVED, February 13, 1795.
(a) See note to act of May 8, 1792, chap. 37.

THIRD CONGRESS. SEss. II. Cii. 22, 23. 1795.
STATUTE I.
Feb. 13, 1795. CHAP. XXII.-IAn act to authorize the allowance o drawback on part of the
cargo of the shipo Enterprise.
Permit for
ex. SECTION 1. Be it enacted by the Senate and House of Representatives
portation to be of the United States of America in Congress assembled, That the col-
granted. lector of the district of Pennsylvania be, and he hereby is authorized
and directed to grant permits for the exportation of that part of the cargo
of the ship Enterprize, Herbert Jones, commander, which has been im-
ported in the said ship, and in the schooner Delight, John Cannon, coin-
mander, from Newbern in North Carolina, under the same regulations
and restrictions, as if the same had been imported into the district of
Pennsylvania, from any foreign port or place..
Collector of SEC. 2. And be it further enacted, That the collector of the district
Newbern. of Newbern be authorized to grant a debenture or debentures for the
drawback of the said duties, in like manner, and under the same regu-
1793, ch. 1S. lations, as are provided by the act, intituled "An act making further
provision in cases of drawbacks," for goods, wares or merchandise ex-
ported from the United States, after the last day of March next.
STATUTE I.
Feb, 14,1795. CHAP. XXIII.-#n Jet relative to the compensatzons of certain offcers employed
in the collection of the duties of impost and tonnage.
Act of March
2, 1799, ch. 22. SECTION 1. Be it enacted by the Senate and House of Representa-
[Obsolete.] tives of the United States of America in Congress assembled, That in
Specific al-
lowance to col- lieu of the commissions heretofore by law established, there shall be
lectors, &c. allowed to the collectors of the duties of impost and tonnage, on all
monies by them respectively received on account of the duties aforesaid
arising on tonnage, and on goods, wares and merchandise imported
after the last day of March next, as follows, to wit:
To the collectors of the districts of Pennsylvania and New York, three
tenths of one per cent:
To the collector of the district of Boston 'and Charlestown, and to
the collector of the district of Baltimore, five eighths of one per cent:
To the collectors of the districts of Salem and Norfolk, seven eighths
of one per cent:
To the collectors of the districts of Alexandria, Charleston and Savan-
nah, one per cent:
To the collector of the district of Newburyport, one and a quarter
per cent.
To the collectors of the districts of Portsmouth, Portland, Newport,
Providence, New Haven and Tappahannock, one and a half per cent:'
And to the collectors of the districts of Vermont, Champlain, Glou-
cester, Marblehead, Plymouth, Barnstable, Nantucket, Edgar Town,
New Bedford, Dighton, York, Biddeford, Bath, Wiscasset, Penobscot,
Frenchman's Bay, Machias, Passamaquoddy, New London, Fairfield,
Sagg Harbor, Perth Amboy, Burlington, Bridgetown, Great Egg Har-
bor, Wilmington in Delaware, Chester, Oxford, Vienna, Snowhill, An-
napolis, Nottingham, Cedar Point, Georgetown in Maryland, Bermuda
Hundred, Hampton, York Town, Yeocomico, Dumfries, Foley Land-
ing, Cherrystone, South Quay, Kentucky, Wilmington in North Caro-
lina, Newbern, Washington, Edenton, Cambden, Georgetown in South
Carolina, Beaufort, Sunbury, Brunswick, Saint Mary's, and Hardwich,
two per cent.
SFC. 2. And be it further enacted, That from and after the last day
of March next, in lieu of the annual -allowances heretofore established
by law,. there shall be yearly allowed to the following officers, the sums
following, to wit :

°
THIRD CONGRESS., SEss;1I. Cit. 1795;
To the collectors of the districts of Annapolis, Chester, South Quay, Specific al-
Yeocomioo, Wilmington in North Carolina, Cedar Point and Washing- lowance to col-
ton, the sum of two hundred dollars each: lectors, survey.
ors, &C.
To the collectors of the districts of York, Passamaquoddy, Oxford,
Vienna, Nottingham, Hampton, York Town, Dumfries, Foley Landing,
Cherrystone, Beaufort, SaintMary's, Brunswick and Hardwich, the sum
of'one hundred and fifty dollars each:
To the collector of the district of Perth Amboy, one hundred and
twenty dollars:
To the collectors of the districts of Portsmouth, Vermont, Cham-
plain, Gloucester, Plymouth, Barnstable, Nantucket, Edgartown, New
Bedford, Biddeford, Penobscot, Frenchman's Bay, Machias, Newport,
Fairfield, Burlington, Bridgetown, Great Egg Harbor, Wilmington in
Delaware, Snowhill, Kentucky, Bermuda Hundred, Cambden, George-
town in South Carolina, and Sunbury, the sum of one hundred dollars
each:
To the collectors of the districts of Marblehead, Bath, Wiscasset,
New Haven and Georgetown in Maryland, the sum of fifty dollars
each :
To the naval officer of the district of Portsmouth, the sum of one
hundred and fifty dollars:
To the naval officers of the districts of Newburyport, Salem, New-
port, Providence, Wilmington in North Carolina, and Savannah, the sum
of one hundred dollars each :
To the surveyor of the port of Salem, two hundred dollars:
To the surveyors of Portsmouth, Newburyport, Bristol, Warren, East
Greenwich, Saint Mary's, Suffolk, Smithfield, Richmond, Petersburg,
Fredericksburg, Wilnigton, Beaufort, and Swaasborough, the sum of
one hundred and fifty dollars each:
To the surveyors of Newport and Providence, one hundred and thirty
dollars each :
To the surveyors of Gloucester, Beverly, New Haven, Middletown,
Albany, Hudson, Little Egg Harbor, and Lewellensburg, one hundred
and twenty dollars each:
And to the surveyors of Ipswich, Portland, North Kingston, Pawha-
tuck, Patuxet, New London, Stonington, Town Creek, Bermuda Hun-
dred, Westpoint, Urbanna, Portroyal, Alexandria, Windsor, Hertford,
Plymouth, Skewarky, Murfreesborough, Bennet's Creek, Winton, Nix-
onton, Newbiggen Creek, Pasquotank River, Indian Town, Currituck
Inlet, Savannah, and New Brunswick in New Jersey, the sum of one
hundred dollars each.
SEc. 3. And be it further enacted, That from and after the last day Allowance to
of March next, in lieu of the sum heretofore established by law, there inspector; and
shall be paid to each inspector, for every day he shall be actually em- for weighing.
ployed in aid of the customs, a sum not exceeding one dollar and sixty-
six cents; and that instead of the sum heretofore established by law, to
be paid for the weighing of every one hundred and twelve pounds, in the
districts of Pennsylyania, New York, Boston, Baltimore and Norfolk
there shall be paid one cent and a half.
Sec. 4. And be it further enacted, That from and after the last day Collectors, na.
of March next, it shall be the duty of the several collectors, naval offi- val officers, and
surveyors to
eers and surveyors, to keep accurate accounts of their official emolu- keep and trans-
ments and expenditures,.and the same to transmit, annually, on the last mit accounts.
day of December, to the Comptroller of the Treasury, who shall annu-
ally lay an abstract of the same before Congress.
VOL I.L53

THIRD CONGRESS. SEss. II. CH. 24,-25,26. 1795.
STATUTE II.
Feb. 21, 1795. CHAP. XXIV.-.-7n .et supplementary to the act concerningInvalids.
[Obsolete.] SECTION 1. Be it enacted by the Senate and House of Representatives

Rightto pen. qf the United States of America in Congress 'assembled, That the right,
coon, when to any person now has, or may hereafter acquire, to receive a pension, by
minmence. virtue of the act passed on the twenty-eighth day of February, one thou-
sand seven hundred and ninety-three, intituled " An act to regulate the
1793, ch. 17. claims to invalid pensions," be considered to commence at the time of
completing his testimony before the district judge, or commissioners,
pursuant to the said act: And nothing shall be allowed to any invalid
No arrears. of the description' aforesaid, by way of arrear of pension, antecedent to
Pension how the date of his completing his testimony as aforesaid : And the pensions
10ng to con- allowed under the said act shall be continued to the respective pen-
fue. sioners, during the continuance of their disability.
t UOfficers to re. SEC. 2. And be it.furthes enacted, That no commissioned officer,
inrn commnuta- who has received commutation of half pay, shall be paid a pension, as
ti, on. an invalid, until he shall return his coiPInutation into the treasury of the
United States; except where special provision has been made, in par-
ticular cases, for allowing pensions on the return only of certain portions
of the commutation.
STATVTE II.
Feb. 21, 1795. CHAP. XXV.-fn .Act for te rtimbursrmentof a Loan authorized by an ct rf
rflh~nlt,._, the last Session rf Congress.
Bank or U. SECTION 1. Be it enacted by the Senate and House of grpriscnfatives

States author- of the United States of America in Congress ass~mbled, That the Bank
ized to lend. of the United States be, and the same is hereby authorized to lend to
the United States, the whole, or any part of the sum of eight undred
thousand dollars (remaining unapplied) in pursuance of the authority
granted to borrow one million of dollars, by the act, intituled "An act
making further provision for the expenses attending the intercourse of
1794, ch. 7. the United States with foreign nations; and further to continue in force
the act, intituled "An act providing the means of intercourse between
the United States and foreign nations.
Surplus ofeer. SEC. 2. And he it farther enacted, That after reserving such sums as
ain revenues may be sufficient to satisfy prior appropriations, there be further appro-
appropriated. priated, in aid of the provision heretofore made, out of the proceeds of
the duties which have arisen, or may arise upon carriages for the con-
veyance of persons; upon licenses for selling wines and foreign distilled
spirituous liquors by retail ; upon snuff and refined sugar; and upofi
property sold at auction ; which were imposed by acts passed during the
last session, and which may be further continued, the present session of
Congress, or from the proceeds of such duties or revenues as may be
established in lieu thereof, a stun sufficient to the reimbursement, before
the year one thousand eight hundred and one, of any loan or loans,
which have been, or which may hereafter be made, in virtue of the act
aforesaid: And that the faith of the United States be, and the same is
hereby pledged, to make dood any deficiency of the said duties.
STATUTE IT.
Feb. 21, 1795. CHp. XXVI.-.n .,?e authorizing the erection of a Lighthouse near the entrane
f Georgetown Harbor, in the Slate of South Carolina.
Lighthouse Be it (nactedby the Senate and House of Representatives of the United
near the en- States of America in Congress assembled, That the Secretary of the
trance of
Georgetown T reasury be, and he is hereby required to cause to be erected, as soon
harbor. may be, a lighthouse near the entrance of the harbor of Georgetown,
in the state of South Caroliba,ma-t suh place, when ceded to the United

TttIRD CONGRESS. SESS. II. CH. 27, 28, 30. 1795.
States, as shall be most convenient for the navigation thereof; anUd tat Buoysjia Cape
a sum not exceeding five thousand dollars, be appropriated for the sarme, Fear river.
out of any monies not otherwise appropriated: And that a sum not
exceeding one thousand dollars, be appropriated for placing buoys on
certain shoals in Cape Fear river, below the town of Wilmington, in
the state of North Carolina.
STATUTE I.
CHAP. XXVI.-An Act to establish the Office of Purve-yOr of Public Supplies. Feb. 23, 1795.
SECTION 1. Be it enacted by the Senate and House of Representatives [Obsolete.]

of the United States of America in Congress assembled, That there shall Purveyor of
public supplies
be in the department of the treasury, an officer to be denominated, to be appointed.
"Purveyor of Public Supplies," whose duty it shall be, under the direc- His duty, &c.
tion and supervision of the Secretary of the Treasury, to conduct the Abolished by
act of 1812, ch.
procuring and providing of all arms, military and naval stores, provisions, 46.
clothing, Indian goods, and generally all articles of supply. requisite for 1798, ch. 85,
the service of the United States, and whose compensation shall be, a sec. 4, 5.
salary of two thousand dollars per annum. And all letters to and fiom Letters free.
the said officer shall be received and conveyed by post free of postage.
SEc. 2. And be it further enacted, That the said officer shall not His disqualifi.
directly or indirectly, be concerned, or interested, in carrying on the cations.
business of trade or commerce, or be owner in whole or in part, of any
sea vessel, or purchase by himself, or another in trust for him, public
lands, or any other public property, or be concerned in the purchase or
disposal of any public securities of any state, or of the United States,
or take, or apply to his own use, any emolument or gain, for negotiating
or transacting any business in the said department, other than what shall
be allowed by law; and if he shall offend against any of the prohibi-
tions of this act, he shall upon conviction, forfeit to the United States,
the penalty of three thousand dollars, and may be imprisoned for a term Penalty.
not exceeding five years, and shall be removed from office, and be for-
ever thereafter incapable of holding any office under the United States.
SEC. 3. And be it further enacted, That the said officer shall, before To give bond.
he enters on the duties of his office, give bond with sufficient sureties, to
be approved by the Secretary of the Treasury, and Comptroller, in the
sum of twenty thousand dollars, payable to the United States, with con-
dition for the faithful performance of the duties of his said office; which
bond shall be lodged in the office of the Comptroller.
STATUTE 11.
CRAP. XXVIII.-An Act to continue in force the ,9ct "for ascertainingthe fees in Feb. 25, 1795.
admiraltyproceedings in the District Courts ,f the United States, and for other
purposes." [Expired.]
Be it enacted by the Senate and l-ouqe of Representativesof the United Act continued
States of America in Congress assembled, That the act, intituled "An one year, &c.
act to ascertain the fees in admiralty proceedings in the district courts 1793, ch. 20.
of the United States, and for other purposes," be, and is hereby con-
tinued in force, for the term of one year from the passing of this act,
and from thence to the end of the next session of Congress, and no
longer.
STATUTE II.
CHAP. XXX.-A .Act to amend the act entitled "An act to establishthe Post- Feb. 25, 1795.
Office and Post Roads within the United States."
SECTION 1. Be it enacted by the Senate and House of Representatives Pos, roads de
of the United States of America in Congress assembled, That the fol- signated.

420 THIRD CONGRESS. SEss. I1 Ci. 31. 1795.
Postroadsde- ]owing be, and are hereby established, as post roads, namely :--From
signated. Pittstown in the district of Maine, to Wiscassett; and from Hallowell in
the said district, to Norridgeworth: From Dover in New Hampshire
through Ber*ick, to Waterborough Courthouse, and from thence to
Kennebunk: From Portsmouth, through Dover, Rochester and Moul-
tonborough, to Plymouth; and from Plymouth to Portsmouth, by New
Hampton, Meredith, Gilmantown, Nottingham and Durham; the post
to go and return on the said route alternately: From Fishkill by New-
burgh and New Windsor to Goshen: From Cooperstown by Butternutt
creek and Oxford Academy to Uniontown: From Pipers on the post
road from Philadelphia to Bethlehem by Alexandria to Pittston in New
Jersey: From Brownsville in Pennsylvania, to the town of Washington:
From Reading, by Sunbury, and the town of Northumberland, to Lew-
isburg, commonly called Derstown, on the Susquehanna: From Bethle-.
hem to Wilksburgh in the county of Luzerne: From Yorktown,
through Abbottstown, and Gettysburg, to Hagerstown in Maryland; and
from Hagerstown, through Williamsport, to Martinsburg in Virginia:
From Annapolis, by Lower Marlborough, to Calvert Courthouse, and
from thence to Saint Leonard's creek: From Bladensburg in Maryland
through Upper Marlborough to Nottingham and from thence to the
town of Benedict: From Belle-Air in Harford county, Maryland, to the
Black Horse, on the York and Baltimore road: From Gloucester Court-
house, in Virginia, to Yorktown: From Powbatan Courthouse, to
Cartersville: From Charlottesville, by Warren, Warminsten, Newmarket,
Amherst Courthouse, Cabellsburg, and Madison to Lynchburg: From
Winchester, through Romney, to Moorfields: From Charlotte in North
Carolina, by Lancaster Courthouse, to Cambden in South Carolina;
and from Charlotte, to Lincolnton: From Beardstown in Kentucky, to
Nashville in the territory south of the river Ohio.
Certain post SEC. 2. And be it further enacted, That instead of the road from
road altered. Fayetteville, by Lumberton to Cheraw Courthouse, the route of the
post shall hereafter be on the most direct road from Fayetteville to
Postmaster Cheraw Courthouse: and that the Postmaster General shall have
maydisconisue authority to discontinue the post road from Lumberton to Cheraw
certain roads. Courthouse, and from Hagerstown to Sharpsburg in Maryland. That
if, in the opinion of the Postmaster General, an alteration in the post
road from Cumberland in Maryland, to Morgantown in Virginia, and
from thence, by Uniontown in Pennsylvania, to Brownsville on the
Monongahela, could be made more conducive to the public interest,
May alter than the present route, yet so as to afford the same accomodation to
others, the said places, he shall be authorized, with the consent of the present
Repealed 1810,
ch. 3O. contractor for carrying the mail, to make such alteration.
STATUTE II
Feb. 26, 1795. CHAsp. XXX.-n Act supplementary to the act, intituled "1An act to 'provide
more effectually for the collection of the Duties on goods, wares and merchandise
imported into he United States, and on the tonnage of ships or vessels.
[Repealed.]
Peualty on hin- SECTION 1. Be it enacted 1y the Senate and House of Representa-
dering officer of
the revenue tives of the United States of America in Congress assembled, That if the
from going on master or commander of any ship or vessel, coming into, or arriving at
board a vessel. any port or place, within the United States, shall obstruct or hinder, or
1790, ch. 35.
1799, ch. 22. shall cause any-obstruction or hindrance, with such an intent, to any
officer of the revenue, in going on board such ship or vessel for the
purpose of carrying into effect any of the revenue laws of the United
States, he shall forfeit a sum not exceeding five hundred, nor less than
fifty dollars.
SEC. 2. And be it further enacted, That in all actions, suits or inform-
ations to be brought, where any seizure shall be made, for any breach

THIRD CONGRESS. Sass. II. CH. 31. 1795.
of the revenue laws of the United States, the burthen of proof shall lie Burden of
on the claimant only, where probable cause is shown for such prosecu- proof in suit for
tion, to be judged tion, tonue whom the prosecution is had.
df by the court, before breachlaws re lie
of to
SEC. 3. And be it further enacted, That in all cases, in which suits on claimant.
or prosecutions shall be commenced for the recovery of pecuniary pen- given inbail
beSpecial to
suits
alties prescribed by the laws of the United States, the person or persons, for penalties on
against whom, process may be issued, shall be held to special bail, subject such breaches.
to the rules and regulations, which prevail in, civil suits, in which special
bail is required.
SEc. 4. And be it further enacted, That from and after the last day of Certain new
May next, there shall be established the following new districts and ports districts and
ports of delivery
of delivery, to wit: In the state of New York, a district to be called the established.
district of Hudson ; which shall include the city of Hudson, and all the
waters and shores northward of the said city on Hudson river, and the
town of Catskill below the said city; and the said city of Hudson shall be
the sole port of entry for the said district; to which shall be annexed the
towns or landing-places of Catskill, Kinderhook and Albany, as ports of
delivery only; and the collector for the said district shall reside at Hud-
son, and a surveyor to reside at Hudson, and another, at Albany, as is
now by law established :-In the state of Connecticut, a district, to be
called the district of Middletown; which shall include the several towns
and landing-places of Lyme, Saybrook, Killingsworth, Haddam, East
Haddam, Middletown, Chatham, Weathersfield, Glastenbury, Hartford,
East Hartford, Windsor and East Windsor; of which, Middletown shall
be the sole port of entry, and the other towns and landing-places before-
named shall be ports of delivery only: and the collector shall reside at
Middletown, and there shall be two other surveyors appointed wiihin the
said district, one to reside at Hartford, and the other at Saybrook :-In
the state of Massachusetts, a district to be called the district of Waldo-
borough, and a collector for the district shall reside at Waldoborough,
which shall be the sole port of entry; and to which district shall be
annexed the towns of Bristol, Nobleborough, Warren, Thomaston,
Cushing and Cambden; also a place, called Ducktrap, as ports of deli-
very only ; and there shall be a surveyor to reside at Thomaston ; and
all the shores and waters from the middle of Damarascotty river to Duck-
trap, shall be comprehended within the said district of Waldoborough.
And in the district of Portland and Falmouth, Freeport and Harpswell;
and also in the district of Bath, the towns of Georgetown and Bruns-
wick shall be ports of delivery only :-And the collectors to be appointed Collectors to
in conformity with this act shall each become bound in the sum of four give bond, &c-.
thousand dollars, and each surveyor, in the sum of one thousand dollars,
in manner, as is by law provided in like cases. And the same duties,
authorities and fees of office-, with a similar distribution thereof, shall
appertain to those appointments, as are now, in like cases, authorized
by lav. And the-collectors aforesaid shall each receive the same per
centage on the amount of all monies by them respectively received for
duties, together with the same yearly allowance, as is allowed by law to
the collector of the district of Fairfield; and each of the surveyors in the Surveyors.'
districts aforesaid shall receive the same yearly allowance, as is, or may
be allowed, by law, to the surveyor of the district of New Haven.
SEc. 5- And be it.further enacted, That the master or commander Masters ofves.
of any ship or vessel, bound from a foreign port or place, to the district sels bound to
of Hudson, or to the district of Bermuda Hundred and City Point, shall, certain ports,
how to conduct
if bound to the f6rmer, first come to, with his ship or vessel, at the city themselves.
of New York, and if to the latter, after the last day of September next,
at Hampton Road or Sewell's Point, and there make report to the col-
lector of New York, or of Norfolk and Portsmouth, or to the collector
of the port of Hampton, as the case may be, and take on board an
inspector of the customs, before he shall proceed to the district of Hud-
2N

THIRD CONGRESS. SEss. It. CHi. 31. 1795.
son, or to the district of Bermuda Hundred and City Point: and if
bound to any port on Connecticut river, shall take an inspector on
Penalty. board, at Saybrook, before proceeding to such port And if any master
or commander shall neglect or refuse to comply with the duty hereby
enjoined, or which is enjoined in the .third section of the act, intituled
ch. 5 "An act to provide more effectually for the collection of the duties im-
1790, posed by law on goods, wares and merchandise imported into the United
States, and on the tonnage of ships or vessels," he shall forfeit a sum not
more than five hundred, and not less than fifty dollars: Provided,how-
3d section of ever, That from and after the last day of May next, the restrictions con-
certain
to extendlaw not
to tained in the said third section shall not extend to, and be considered,
certain portso as affecting, the several ports or places included within the district of
Middletown ; also the ports of North Yarmouth, Freeport and Harps-
well in the district of Portland and Falmouth, or the ports of George-
town and Brunswick in the district of Bath.
Limits of the SEC. 6. And be it further enacted, That the district of Hampton for
district of James river shall only extend up to the east side of Chickahomony
Hampton, for e:adfo
James River. river: and from thence upwards to Richmond on the north side shall be
annexed to the district of Bermuda Hundred and City Point, which dis-
trict shall extend down James river on the south side to Hood's.
The part of SEC. 7. And be it further enacted, That whenever a seizure, con-
good, forfeited demnation and sale of goods, wares and merchandise shall hereafter take
belongine to the
United States place, in the United States, and the value thereof shall be less than one
applied to pay hundred dollars, that part of the forfeiture, which accrues to the United
costs, if under a
certain value. States, or so much thereof as shall be necessary, shall be applied to the
payment of the costs of prosecution.
When agent SEC. S. And b itfurther enacted, That from and after the last day of
enters goods May next, whenever an 'entry shall be made with the collector of any
penalty of bdnd dI
nd
p
to be increased. district, any merchandise imported into the United States, subject to
byofany
trc.oanmecnue
duties, agent,.factor or person, other than the bona fide owner or
consignee of such merchandise, it shall be the duty of the collector to
increase the penalty of the bond to be given for the duties, the sum of
one thousand dollars, and to make it a part of the condition of the said
bond, that the bona fide owner or consignee of such merchandise shall,
New article on or before the first day of payment stipulated in said bond, deliver to
in the condition said collector a full and correct account of the said merchandise imported
of the bond. for him, or on his account, or consigned to his care, in manner and form,
as is now required by law, in respect to an entry, previous to the landing
of any merchandise: which account shall be verified, as in the case of
an entry, and by a like oath or affirmation, to be taken and subscribed
before any judge of the United States, or the judge of any court of
record of a state, or before a collector of the cistoms of some other dis-
In case duties trict. And in case of the payment of the duties, at the time of entry, by
are paid, secu. any factor or agent, on the goods entered by him, the collector shall
rity is tohe giv- take his bond with security, in the penalty of one thousand dollars, with
condition, that the account, verified by the oath or affirmation of the
bona fide owner or consignee, in manner as before directed, shall be
delivered to the said collector, within ninety days.
How bonds, SEC. 9. And be it further enacted,That all bonds, which maybe given
given
on for draw-
goods for any goods, wares, or merchandise exported from the United States
backwhich
ispayable, after the last day of May next, and on which any drawback of duties,
shall be dis- or allowance, shall be payable in virtue of such exportation, shall and
charged. may be discharged, and not otherwise, by producing, within one year
from the date thereof, if the exportation be made to any part of Europe
or America, or within two years, if made to any part of Asia or Africa,
Certificate a certificate under the hand of the consignee at the foreign port or place,
from consignee, to whom the said goods, wares or merchandise shall have been addressed,
therein particularly setting forth and describing the articles so exported,
with their quantities or amount, and declaring that the same have been

THIRD CONGRESS: SESS. IL CH. 33, 35. 17945. 42.
delivered from on board the vessel, in which they were exported, at the
said place; as also, a certificate under the hand and seal of the consul Certificale
or agent of the United States residing at the said place, declaring, either from consul
that the facts stated in such consignee's certificate are, to his know-
ledge, true, or that the certificate of such consignee is, in his opinion,
deserving of full credit: which certificate of the consignee and consul
or agent, shall, in all cases, as iespects the landing or delivery of, the
said goods, wares or merchandise, be confirmed by the oath of the mas- to be confirmed
ter and mate, if living, or in case of their death, by the oath or affirma- by oath of cap-
tion of the two principal surviving officers of the vessel, in which the tain, &c.
exportation shall be made. And in i6ases where there shalt be no consul How to pro.
or agent of the United States, residing at the said place of delivery, the eeed where
certificate of the consignee before required shall be confirmed by the there is no con-
certificate of two reputable American merchants residing at the said sul.
place; or if there be no suchAmerican merchants, then by the, certi-
ficate of two reputable foreign merchants, testifying that the facts, stated
in such consignee's certificate, are, to their knowledge, true, or that such
consignee's certificate is, in their opinion, worthy of full credit; which
certificates shall be supported by the oath or affirmation of the master
and mate, or other principal officers of the vessel, in the manner before
prescribed. And in cases of loss at sea, or by capture, or other unavoid-
able accident, or when, from the nature of the trade, the proofs and cer- When certifi.
tificates before mentioned are not, and cannot be produced, the exporter cate cannot be
or exporters shall be allowed to adduce, to the collector of the port of produced,
exportation, such other proofs, as they may have, and as the nature of
the case will admit; which proofs shall, with a stating of all the circum- proofs,&c. to be
stances attending the transaction, ivithin the knowledge of such collector, sent to the
be transmitted to the comptroller of the treasury, who shall, if he be comptroller.
satisfied with the truth and validity thereof, have power to direct the
bonds of such exporter or exporters to be cancelled.
STATUTE IL
CHAP. XXXII.-qn dct to provide some present relief to the oJcers of govern- Feb. 27, 1795.
ment, and other citizens, who have suffered in their property by the Insurgents
in the western counties-of .Pennsylvania. [Obsolete.]
Be it enacted by the Senate and House of Representatives of the $8,500 ap-
United States of America in Congress assembled, That the President of he present re
the United States be, and ld is hereby authorized to draw out of the lief of certain
treasury of the United States, the sum of eight thousand five hundred persons.
dollars, to be applied by him to aid such of the officers of government
and other citizens, who have (in consequence df their exertions in sup-
port of the laws) sustained losses in their property, by the actual destruc-
tion thereof, by the insurgents in the western counties of Pennsylvania,
as, in his opinion, stand in need of immediate assistance, to be by them
accounted for, in such manner, as maj hereafter be directed by law.
STATUTE II.
CHAP. XXXV.-qn .grf fir allowingan additionaleympensation to the Judges Feb. 27, 1795.
f the districts of Rhode Island and Delaware. [Obsolete.]
Be it enacted by the Senate 'and House of Representatives of the $200 addi-
United States of America in Congress -assembled, That there shall be tiona toIdgan
allowed to the judges of the districts of Rhode.Island and Delaware, Delaware dis.
each, two hundred dollars yearly, in addition to the compensation here- tricts, respect-
tofore allowed, to commence on the first day of the present year, and to ively.
bey epaid at the treasur of the United States, ii quarterly payments. Ante, p.' 12s.
1801, ch. 29.
ArPRovnD, February 27, 1795.

THIRD CONGRESS. SEss. IT. C.,36. 1795.
STATUTE II.
Feb. 28, 1795. CHAP. XX X VI.-.n #Cl to provide for calling forth the Militia to execute the
ch. laws f the Union, suppress insurrections, and repel invasions ; and to repealtlhe
1813, e18. Act now inforcefor those purposes.
EObsolete.]
In case of ii- -SECTION 1. Be it enacted by the Senate and House of Reyresenta-
vasion Presi- lvso i
dentaises- tires of the United States of America in Congress assembled, That
orders tomilitia whenever the United States shall be invaded, or be in imminent danger
officers, of invasion from any foreign nation or Indian tribe, it shall be lawful for
Act of April the President of the United States to call forth such number of the
18, 1814,ch.82. militia of the state, or states, most convenient to the place of danger, or
scene of action, as he may judge necessary to repel such invasion, and to
In case of in- issue his orders for that purpose, to such officer or officets of the militia,
surrection in a as he shall think proper. And in case of an insurrection in any state,
state President
may when ap- against the government thereof, it shall be lawful for the President of
plied to by the the United States, on application of the legislature of such state, or of
state legislature, the executive, (when the' legislature cannot be convened,) to call forth
&c. call out the
militia of other such number of the militia of any other state or-states, as may be applied
states, for, as he may judge sufficient to suppress such insurrection.
President to SEC. 2. And be it further enacted, That whenever the laws of the
call out the mi-
United States shall be opposed, or the execution thereof obstructed, in
any state, by combinations too powerful to be suppressed by the ordinary
litia to suppress
combinations
course of judicial proceedings, or by the powers vested in the marshals
against the laws
of the United by tlhis act, it shall be lawful for the President of the United States, to
States. call forth the militia of such state, or of any other state or states, as may
be necessary to suppress such combinations, and to cause the laws to be
duly executed; and the use of militia so to be called forth may be con-
tinued, if necessary, until the expiration of thirty days after the com-
mencement of the then next session of Congress.
To issue a "-Ec.3. Provided always, and be it further enacted, That whenever it
proclamation. may be necessary, in the judgment of the President, to use the military
force hereby directed to be called forth, the President shall forthwith,
by proclamation, command such insurgents to disperse, and retire peace-
ably to their respective abodes, within a limited time.
in Militia
service when
to be SEc. 4. And be it further enacted, That the militia employed in the
subject to the service of the United States, shall be subject to the same rules and arti-
of war. des of war, as the troops of the United States: And that no officer,
articles
non-commissioned officer, oi private of the militia shall be compelled to
Term of Ber- serve more than three months, after his arrival at the place of rendez-
vice not to ex-
ceed three vous, in any one year, nor more than in due rotation witn every other
months, &c. able-bodied man of the same rank in the battalion to which he belongs.
Penalty on not SEC. 5. And be it further enacted, That every officer, non-commis-
obeying the or-sinned officer, or private of the militia, who shall fail to obey the orders
ders of the Pre- eited,
sident in the of the President of the United States, in any of the cases before recited,
cases before re- shall forfeit a sum not exceeding one year's pay, and not less than one
cited, month's pay, to be determined and adjudged by a court martial; and
such officer shall, moreover, be liable to be cashiered by sentence of a
court martial, and be incapacitated from holding a commission in the
militia, for a term not exceeding twelve months, at the discretion of the
said court: And such non-commissioned officers and privates shall be
liable to be imprisoned, by a like sentence, on failure of payment of the
fines adjudged against them, for one calendar month, for every five dol-
lars of such fine.
Courts martial. SEC. 6. And be itfurther enacted, That courts martial for the trial
of militia shall be composed of militia officers only.
Fines assessed SEC. 7. And he it further enacted, That all fines to be assessed, as
howtobelevied. aforesaid, shall be certified by the presiding officer of the court martial,
before whom the same shall be assessed, to the marshal of the district,
in which the delinquent shall reside, or to one of his deputies, and also
to the supervisor of the revenue of the same district, who shall record

THIRD CONGRESS. Siss. ., C& 37. 1795.
the said certificate in a book to be kept for that purpose. The said Fines, how
marshal or his deputy shall forthwith proceed to levy the said fines with levied.
costs, by distress and sale of the goods and chattels of the delinquent;
which costs and the manner of proceeding, with respect to the sale of
the goods distrained, shall be agreeable to the laws of the state, in which
the same shall be, in other cases of distress. And where any non-com-
missioned officer or private shall be adjudged to suffer imprisonment, 1813, ch. 18.
there being no goods or chattels to be found, whereof to levy the said
fines, the marshal of the district, or his deputy, may commit such delin-'
quent to gaol, during the term, for which he shall be so adjudged to im-
prisonment, or until the fine shall be paid, in the same manner, as other
persons condemned to fine and imprisonment at the suit of the United
States may be committed.
-SEC. S. And be it further enacted, That the marshals and their depu- Marshal to
ties shall pay all such fines by them levied, to the supervisor of the reve- pay over fines
nue in the district in which they are collected, within two months after collected.
they shall have received the same, deducting therefrom five per centum,
as a compensation for their trouble; and in case of failure, the same
shall be recoverable by action of debt or information, in any court of the
United States, of the district in which such fines shall be levied, having
cognizance thereof, to be sued for, prosecuted, and recovered, in the
name of the supervisor of the district, with interest and costs.
SEC. 9. And be it further enacted, That the marshals of the several Marshals of
districts, and their deputies, shall have the same powers in executing the the districts to
have the same
laws of the United States, as sheriffs and their deputies, in the several powers in exe.
states, have by law, in executing the laws of the respective states. cuting the laws
SEC. 10. And be it further enacted, That the act, intituled "An act to of U. States as
SEC.10.sheriffs in. the
provide for calling forth the militia, to execute the laws of the Union, states.
suppress insurrections, and repel invasions, passed the second day of Former act
May one thousand seven hundred and ninety-two, shall be, and the same retealed.
is hereby repealed. Ante, p. 264.
STATUTE II.
CHAP. XXXVII.-./!n .Act to continue in force for a limited time the acts therein March 2, 1795.
mentioned.
[Obsolete.]
Be it enacted by the Senate and House of Representatives of the United Acts relating
States of America in Congress assembled, That the. act, entitled "An to the law of
act declaring the consent of Congress to an act of the state of Maryland Maryland for the
appointment of
passed the twenty-eighth of December one thousand seven hundred and a health officer;
ninety-three for the appointment of a health officer." And also the act, Ante, p. 393.
entitled "An act supplementary to the act for the establishment and
support of lighthouses, beacons, buoys and public piers," so far as the Ante, p. 339.
same provides for defraying the necessary expense of supporting light- Lighthouses,
houses, beacons, buoys and public piers and the stakeageof channels on &c.
Ante, p. 275.
the sea-coast. And also, so much of the act, intituled " An act to pro. The mitigat-
vide for mitigating or remitting the penalties and forfeitures accruing ing or remitting
under the revenue laws in certain cases, and to make further provision of penalties &c.
accruing under
for the 'payment of pensions to invalids," as relates to the mitigating or the revenue
remitting the penalties and forfeitures accruing under the revenue laws laws;
in certain cases. be and the same hereby are continued in force until continued in
the end of the next session of Congress, and no longer. force.
APPRoVED, March 2, 1795.
VOL. 1.---54 2 N2

THIRD CONGRESS. SEss. I, CH. 40;41, 43. 1795.
STATUTE 11.
March 2,1795. CHAP. XL.-Jn .#t relative to cessions of jurisdiction in places where light-
houses, beacons, buoys and public piers have been, or may hereefter be erected and
fixed.
Cession of SECTION 1. Be it enacted by the Senate and House of Representatives
jurisdiction of of the United States of America in Congress assembled, That where
places for light-
houses, &c with cessions have been, or hereafter may be made, by any state, of the juris.
reservation of diction of places, where lighthouses, beacons, buoys or public piers
execution of
process sufli- have been erected and fixed, or may, by law, be provided to be erected
cien&. or fixed, with reservation, that process civil and criminal, issuing under
the authority of such state, may be executed and served therein, such
cessions shall be deemed sufficient, under the laws of the United States
providing for the supporting or erecting of lighthouses, beacons, buoys
and public piers.
Such reserva. SEC. 2. And be it furthrr enacted, That where any state hath made,
tion to be im. or shall make a cession of jurisdiction, for the purposes aforesaid, with-
plied, where not out reservation, all process civil and criminal, issuing under the autho-
expressly made.
rity of such state, or the United States, may be served and executed
within the places, the jurisdiction of which has been so ceded, in the
same manner, as if no such cession had been made.
APPROVED, March 2, 1795.
STATUTE I.
March 2,1795. CHAP. XLI.-./2n act relative to the passing of coasting vessels between Long
Island and Rlhode Island.
Privilege of Be it enacted by the Senate and House of Representatives of the
coasting be- United States of America in Congress assembled, That coasting vessels
tween R. Island
and Long going from Long Island in the state of New York to the state of Rhode
Island. Island, or from the state of Rhode Island to the said Long Island, shall
have the same privileges as are allowed to vessels under the like circum-
stances going from a district in one state to a district in the same or an
adjoining state.
STATUTE II.
March 3, 1795. CHAP. LXIII.-.n J'ct to alter and anend the act intituled ".In act laying cer.
[Repealed.]
tain duties upon Snuff and refined Sugar."
Duty taken off SECTION 1. Be it enacted by the Senate and House of Representa-
snuff, and laid tives of the United States of America in Congress assembled, That
on snuff mills.
the duty of eight cents per pound on snuff laid by the act of the last
Repealed 1800,
session, intituled " An act laying certain duties upon snuff and refined
ch. 36. sugar," shall cease on the last day of March, in the present year, and
shall not thenceforth be collected: but in lieu thereof, there shall be
1794, cb. 51. levied and collected upon all mills employed in the manufacture of snuff
within the United States, the following yearly rates and duties, to wit:
For and upon each and every mortar contained in any mill worked by
water, and for every pair of millstones employed in the manufacture of
snuff, five hundred and sixty dollars: upon every pestle in any mill,
other than mills worked by hand, one hundred and forty dollars: upon
every pestle in any mill worked by hand, one hundred and twelve dol-
lars: and upon every mill in which snuff is manufactured by stampers
and grinders, two thousand two hundred and forty dollars per anpum.
How the duty SEc. 2. And be it further enacted, That the duties aforesaid, shall be
is to be collect. levied, collected and accounted for, by the same officers, as are provided
ed.
by the act, intituled "An act repealing after the last day of June next,
Ante, p. 199. the duties heretofore laid upon distilled spirits imported from abroad,
and laying others in their stead, and also upon -spirits ditilled witJbin the
United States, and for appropriating the same;" subjec t the superin-

THIRD CON.GRESS. SF.SS. II. Cu. 43.. 1795.
tendence and control of the department of the treasury according to the

respective authorities and duties of the officers thereof.
SEC. 3.'And be it further enacted, That every person, who shall be a Entry to Ie
manufacturer of snuff, on the first day of April in the present year shall made under a
within thirty'days thereafter, and ineach succeeding year, at least thirty penalty.
days before the first day of April, make a true and exact entry or entries,
in writing at the office of inspection which shall be nearest to the house
or building where he shall carry on the business or trade of manufac-
turing snuff, therein specifying, truly and particularly, every house or
building in which the said manufacture shall be carried on, with the
number of mortars in every mill by him owned, occupied or used, and
worked by water, and every pair of millstones used or employed in the
manufacture of snuff, and.every pestle in every mill as aforesaid, distinctly
specifying such pestles as are worked by other means than by hand, and
also every pestle worked by hand, as also every mill in which snuff is
manufactured by stampers and grinders: And every person who shall
commence the business or trade of manufacturing snuff, after the said
first day of April, shall, at least thirty days before commencing such
manufacture, make like entry or entries yearly, in manner as is before
directed; and in failure thereof, every such- manufacturer shall forfeit
and lose every mill, in respect to which such entry shall not be made,
with the utensils thereto belonging, and shall also forfeit and pay the sum
of five hundred dollars, to be recovered with costs of suit.
Sec. 4. And be it further enacted, That every person who shall be, License to be
on the first day of April in the present year, or at any time thereafter, received,
a manufacturer of snuff withih the United States, and who shall have
made the entry or entries herein before directed, shall be ent itled, on
application therefor, in writing, by himself, or his agent or attorney, to
the officer of inspection with whom entry shall have been made, to re-
ceive a license for each and every mill by him owned, occupied, or used
in carrying on the said manufacture of snuff, for the term of one year,
which license shall be granted without fee or charge, upon the condition
of giving a bond or bonds, with one or more sufficient sureties, for the on giving bond:
amount of the duty or duties for one year, which according to this act
ought to be paid for and upon the mill in respect to which the said
license is requested, with condition to pay the same in three equal parts :
one third part at the expiration of nine months, another third part at the
expiration of twelve months, and the remaining third part, at the expira-
tion of fifteen months from the date of such license: Provided, That in or making pay-
lieu of the said bond or bonds, it shall be at the option of the manu- ment of the du-
facturer to pay-the said amount of the said duty immediately, with a de- ties.
duction or abatement of six per cent.
SEC. 5. And be it further enacted, That the licenses herein directed Form of li-
to be granted, shall be prepared by the supervisors of the revenue, re- censes, and
spectively, pursuant to such forms as shall be prescribed by the treasury time from which
department: and when issued, such licenses shall, in respect to all per-
P date. shall
they bear
sons who shall be manufacturers of snuff, on the first day of April in the
present year, bear date on the said day ; and in respect to all persQns
who shall thereafter commence the said manufacture, such license shall
bear date on the first day of the quarter of the year in which the said
licenses shall be issued; and the said quarters of the year shall be
deemed, and are hereby declared to commence on the first days of
January, April, July, and October, in each year.
SEC. 6. And be it further enacted, That every manufacturer of snuff, New license
to whom a license shall have been granted,- so long as he or she shall in- to be applied
foryearly.
tend to carry on the business of manufacturing snuff, shall yearly, and
every year, within the thirty days immediately preceding the expiration
of each license, apply for a new license for the next succeeding year, in

428 THIRD CONGRESS. SEss. H. CH. 43. 1795.
manner heretofore directed, and in like manner, shall pay or secure the
payment of the duties for such year.
Penalty on
manuf'acturing
Sec. 7. And be it further enacted, That if after the first day of April
snuff without li-next, any person shall carry on the business of manufacturing snuff, with-
cense, &c. out a license for that purpose, according to this act, or shall carry on the
same at or with any mill other than that mentioned in such license, such
manufacturer, so offending, shall forfeit and pay upon every conviction
of such offence, treble the yearly amount of the duty hereby charged
upon the mill or mills wherein or whereby the said business shall be so
Duties and carried on. And all duties and penalties imposed by this act, shall attach
penalties to be a to, and remain as a lien upon each and every mill in respect to which
lien upon mills. such duty or penalty shall have accrued, until the same be fully satisfied
and paid.
Drawback of SEc. 8. And be it further enacted, That upon all snuff, which, after
sixcents on ex- the last day of March in the year one thousand seven hundred and
porting snuifto a
certain amount. ninety-five, shall be manufactured in the United States, and shall be ex-
ported therefrom, under the limitations and provisions herein after pre-
scribed, the exporter or exporters thereof shall be entitled to a drawback
of six cents per pound : Provided, That the quantity exported at any
one time by the same person, shall amount to three hundred pounds.
Exporter to SEC. 9. And be it further enacted, That in order to entitle the ex-
nake entry, porter or exporters of any snuff, to a drawback thereon, every such per-
son shall, previous to the removal thereof, from the mill or warehouse,
where the same may be, make out, in writing, an exact entry, in which
shall, be specified the outward packages, in which the same is intended
to be exported, the name of the manufacturer, and the marks and num-
bers of each, the quantity of snuff in each package, and the number of
bottles, canisters, bladders, or other packages containing the same, the
name of the vessel and commander, in which such snuff is intended to
and oath. be exported; and shall make oath or affirmation to the truth of such
entry, that the snuff therein specified was manufactured in the United
States, after the last day of March one thousand seven hundred and
ninety-five, and the name or narhes of the person by whom, and the mill
where it was manufactured, and that the same is truly and bona fide in-
tended to be exported out of the United States, and that no part thereof
is intended to be relanded therein. And upon such entry being so made
Duty of col. and certified, it shall be the duty of the collector to whom such entry is
lector thereon, tendered to cause the said packages to be examined, and to permit the
same to be exported, under the inspection of an officer of the customs,
in like manner as is provided for the exportation of other goods, wares,
From what and merchandise entitled to drawback: Provided, That no drawback
ports such snuff'
may be export- shall be allowed on any snuff, except the same shall be exported from
ed. any of the ports, at which ships or vessels from the Cape of Good Hope,
or from any place beyond the same, are admitted to make entry.
Exporter to Sac. 10. And be it further enacted, That every exporter of snuff en-
give bond. titled to drawback shall enter into bonds, with one or more sureties, in
an amount equal to double the amount of the drawback, conditioned
that the same shall not be relanded within the United States; and the
Masterofves. master or commander of the ship or vessel in which such snuff is re-
seltomakeoath. ported to be shipped, shall make oath or affirmation, that the packages
specified in the outward entry, are actually laden on board his ship or
vessel, and that the same, or any part thereof, shall not be relanded in
the United States; and upon such oath or affirmation being made, and
the other provisions of the act being complied vwith, the collector, with
Debenture to whom such entry is made, shall grant a debenture or debentures, for the
be granted. amount of the drawback to which such snuff is entitled, payoble in
twelve months from the time of granting the same; and such debenture
or debentures shall be discharged by the collector granting the same, at
the expiration of the term, out of any public money in his hands.

TMRD "CONGRESS. SEss. II. CH. 43. 1795. 429
SEC. 11. Provided always, and be it furtner enacted, That before the Before de-
payment of any debenture, the person demanding such payment shall benture is paid,
of the master and mate certain oaths to
produce
of the vessel, collector,
to the(in which the oath or
the snuff, foraffirmation
which such debenture was grant-
ed) declaring that the same was actually landed in some foreign port or
place, and was not, or any part thereof, to the best of their knowledge
and belief, relanded or brought back to the United States; and the per-
son demanding such payment shall likewise make oath or affirmation, in
like manner, that the snuff, for which such debenture was granted,
was not, according to his best knowledge and belief, relanded in, or
brought back to the United States: Providedalso, That in cases of loss Otherproofto
at sea, or other' unavoidable accident, whereby the oath or affirmation be admitted in
of the captain or mate of the ship or vessel cannot be obtained, it shall certain cases.
be lawful for the Comptroller of the Treasury to admit such other proof
as to him shall appear satisfactory, under the special circumstances of
the case.
SEC. 12. And be it further enacted, That if any snuff entered for ex- penalty on re.
portation with intention to obtain a drawback thereon, shall be relanded landing.
or attempted to be relanded within the United States, it shall be subject
to seizure and forfeiture, together with the ship or vessel from which it
shall be unladen, and the vessel or boat in which it shall be put; and the
master or commander of the ship or vessel from which the same is un-
laden, shall moreover forfeit and pay five hundred dollars: Provided,
That every prosecution for any such offence, shall be commenced within Prosecution
twelve months from the time when the same was committed, and that menced in
to be com-
the ship, vessel or boat frbm which any such snuff shall be unladen or twelve months,
landed, shall continue subject to such seizure and forfeiture for twelve &c.
months from the time the offence was committed, and no longer.
SEC. 13. And be it further enacted, That it shall be the duty of the Collectors to
collectors granting debentures for snuff exported, to keep a separate ac- keep account of
count thereof, and to specify the mill or mills in which each parcel ex- Secretary of"
ported, was manufactured. And the Secretary of the Treasury shall Iay the Treasuly
before the to
cause an account to be laid before the legislature, annually, of the pro- le]aislature an.
duce of the revenue arising from snuff, and of the amount of the draw- ,ally, an ae-
backs for which debentures have been granted in each year. count of the re-
venue arising
SEC. 14. And be it further enacted, That all penalties and forfeitures'eSf'rom snauff', &c.
which shall be incurred pursuant to this act, shall be divided and distri- How penalties
buted, one half thereof to the use of the United States, and the other and forfeitures
half thereof to the use of the person, who, if an officer of inspection, are o be dis-
shall first 'give in-
shall first discover, or if not an officer of inspection,
formation of the cause, matter or thing whereby any of the said penal-
ties and forfeitures shall have been incurred.
SEC. 15. And he it further enacted, That it shall be lawful for the President to
President of the United States, who is hereby empowered to make such make compen-
sation to officers
compensation to the officers of inspection employed in the collection of of inspection,
the duties aforesaid, and on refined sugar, and on the duties upon car- &c.
riages for the conveyance of persons, and for incidental expenses, as he
shall judge reasonable, not exceeding in the whole five per centum of
the total amount of the. said duties collected.
SEC. 16. And be it further enacted, That from and after th last day Former act
of March in the present year, the several clauses and provisions F repealed
Certain extent.
to a
the act, intituled "An act laying certain duties upon snuff and refined 1794, ch. 51.
sugar," so far as the same shall relate to the laying and collecting of du-
ties on snuff manufactured in the United States, shall be, and the same
are hereby repealed; except as to the recovery and receipt of such duties Revenue on
on snuff as shall then have accrued, and the payment of drawbacks on chargedto remain
siuff with
snuff exported, and as to the recovery of any penalties and forfeitures, tbrmer appro-
which shall have been incurred, before, and on the said day, but the re- priatlons.
venue to arise from the duty on snuff manufactured within the United

430 THIRD CONGRESS. SEis. IL Cu. 44. 1795.
Howlongthis States shall remain charged with the same appropriations as if this act
act is to con- had not passed; and that this act shall continue in force, until the first
day of March, one thousand eight hundred and one.
AppiovED, March 3, 1795.
STATUrE 11.
March 3, 1795. CHAP. XLIV.-./!nflot for continuing and regulating the military establish.
ment of the United States, and for repealing sundry acts heretofore passed on
[Obsolete.] that subject.
Present SECTION 1. Be it enacted by the Senate and House of Representatives
mili.
tary establish, of the United States of America in Congress assembled, That the pre-
mentcontinued. sent military establishment of the United States, composed
of a corps
of artillerists and engineers, to consist of nine hundred and ninety-two
1796, ch. 39. non-commissioned officers, privates and musicians, and of a legion to
consist of four thousand eight hundred non-commissioned officers, pri-
vates and musicians, be, and the same is hereby continued.
Corpsofartil- SEC. 2. And be it further enacted, That the said corps of artillerists
lerists and en. and engineers be completed, conformably to the act of the eighth of
gineers to
be
completed. May last, establishing the same, and prescribing the number and term
of enlistments, and the method of organization.
The legion of SEC. 3. And &te it further enacted, That the legion of the United
the U. States to States be also completed, to the number of four thousand eight hundred
be completed. non-commissioned officers privates and musicians, by voluntary enlist-
'794, ch. 24. ments for the term of three years, and that the sub-legions composing
the same, be organized in such manner, as the President of the United
Proviso. States shall direct. Provided nevertheless, That no such enlistment shall
be made after three years from the passing of this act.
Cavalry may SEC. 4. And be it further enacted, That it shall be stipulated as a con-
be ordered to dition in the enlistments for the cavalry, that they shall serve as dis-
serve as dis
mounted dra. mounted dragoons, when ordered so to do, and that in all cases of enlist-
goons: ments of the troops of every description, there be expressly reserved to
and troops may the government, a right to discharge the whole or any part thereof, at
be discharged, such times, and in such proportions, as may be deemed expedient.
Allowance to SEC. 5. And be it further enacted, That the commissioned officers,
officers in the who shall be employed in the recruiting service, shall be entitled to re-
recruiting ser- ceive, for every able-bodied recruit duly enlisted and mustered, of at
vice. least five feet six inches in height, and not under the age of eighteen,
nor above the age of forty-six years, the sum of two dollars.
Bounty on re. SEC. 6. And be it further enacted, That there shall be allowed and
enlistment, paid to each soldier now in the service of the United States, or dis-
charged therefrom subsequent to the third day of March last, who shall
Bounty on re-enlist, a bounty of sixteen dollars; and to each person not now in
original enlist- the army of the United States, or discharged as above, who shall here-
ment.
Part or bonn. after enlist, a bounty of fourteen dollars: but the payment of four dollars
ty to be debar. of the bounty of each and every man so enlisting, shall be deferred until
red. he shall have joined the corps in which he is to serve.
SEC. 7. And be it further enacted, That every non-commissioned
officer, private and musician of the artiilery and infantry shall receive,
Clottingofthe annually, the following articles of uniform clothing, to wit: one hat or
troops. helmet, one coat, one vest, two pair of woollen and two pair of linen
overalls, four pair of shoes, four shirts, two pair of socks, one blanket,
one stock and clasp, and one pair of buckles. And that there be fur-
nished to the cavalry and riflemen, such clothing as shall be the most
suitable and best adapted to the nature of the service, having regard
therein, as nearly as may be, to the value of the clothing allowed as
above, to the infantry and artillery.
SEC. 8. And be it further enacted, That every non-commissioned offi-
cer, private and musician shall receive, daily, the following rations of
Rations. provision, to wit: one pound of beef, or three quarters of a pound of

TJHIRD CONGRESS. SESS. II. CH. 44. 1795. '431
pork, one pound -of bread or flour, halfa gill of rum, brandy or whisky, Rations.
and at the rate of one quart of salt, two quarts of vinegar, two pounds
of soap, and one pound of candles, to every hundred rations; or the
value thereof, at the contract price, where the same shall become due;
and if, at such post, supplies are not furnished by contract, then such
allowance, as shall be deemed equitable, having reference to former con-
tracts, and the position of the place in question:
SEC. 9. Provided always, and be it further enacted, That to those in Additional ra.
the military service of the United States, who are, or shall be employed employed in the
on the western frontiers, there shall be allowed, during the time of their military service
being so employed, two ounces of flour or bread, and two ounces of of U. States on
the western
beef or pork, in addition to each of their rations, and half a pint of salt frontiers.
in addition to every hundred of their rations.
SEC. 10. And be it further enacted, That the monthly pay of the offi- Monthly non.
of officers, pay
ers, non-commissioned officers, musicians and privates on the military commissioned
establishment of the United States, be as follows; to wit: General Staff, officers, musi-
a major general, one hundred and sixty-six dollars; a brigadier general, cians, and pri.
one hundred and four dollars; a quartermaster general, one hundred rates, on the
dollars; adjutant general, to do also the duty of inspector, seventy-five lishment of U.
dollars; chaplain, fifty dollars; surgeon, seventy dollars; deputy quar- States.
termaster, fifty dollars; aid-de-camp, in addition to his pay in the line,
twenty-four dollars; brigade major, to act also as deputy inspector, in
addition to his pay in the line, twenty-four dollars; principal artificer,
forty dollars; second artificer, twenty-six dollars; regimental lieutenant-
colonel commandment, seventy-five dollars; major of artillery, and major
of dragoons, fifty-five dollars; major of infantry, fifty dollars; paymaster,
adjutant, and quartermaster, in addition to their pay in the line, ten dol-
lars; captains, forty dollars; lieutenants, twenty-six dollars; ensigns and
cornets, twenty dollars; surgeons, forty-five dollars; surgeon's mates,
thirty dollars; sergeant majors, and quartermaster sergeants, eight dol-
lars; senior musicians, seven dollars; sergeants, seven dollars; corpo-
rals, six dollars; musicians, five dollars; privates, four dollars; artificers
allowed to the infantry, light dragoons and artillery, nine dollars; ma-
trons and nurses in the hospital, eight dollars.
SEc. 11. And be it further enacted, That the commissioned officers Rations of
commissioned
aforesaid shall be entitled to receive, for their daily subsistence, the fol- officers.
lowing number of rations of provisions, to wit: a major general, fifteen
rations; a brigadier general, twelve rations; a lieutenant-colonel com-
mandant, and quartermaster general, each, six rations; amajor, four
rations; brigade major, and aid-de-camp, four.rations; a captain, three
rations; a lieutenant, ensign, or cornet, two rations; a surgeon', as well
hospital as regimental, three rations; a surgeon's mate, two rations; a
deputy quartermaster, two rations; a principal, and second artificer, each,
two rations; a chaplain, two rations; or money, in lieu thereof, at the In lieu there-
option of the said officers, at the contract price, at the posts respectively, of money at the
where the rations shall become due. otract price.
SEC. 12. And be it further enacted, That the officers herein after Monthly al.
described shall, whenever forage shall not be furnished by the public, lowance of cer-
tain officers in.
receive, at the rate of the following enumerated sums, per month, instead stead of forage,
thereof, to wit: the major general, twenty dollars; the brigadier general, when it is not
sixteen dollars; lieutenant colonel, twelve dollars; quartermaster general, furnished by the
adjutant general and surgeon general, each, twelve dollars; major, ten public.
dollars; aid-de-camp, brigade major, and surgeon, each, -ten dollars;
captain of cavalry, eight dollars; chaplain and surgeon's mate, each, six
dollars; deputy quartermaster, and subalterns of cavalry, each, six dol-
lars; principal artificer, paymaster, adjutant, and regimental quartermas-
ter, each, six dollars.
SEC. 13. And be it further enacted, That if any officer, non-com-
missioned officer, private or musician aforesaid, shall be wounded or

. 432 THIRD CONGRESS. SEss. 11. Ci. 44. I795.
Allowance to disabled, while in the line of his duty, in public service, he shall be
persons wound- placed on the list of the invalids of the United States, at such rate of
ed or disabled in
the line of their pay, and under such regulations, as shall be directed by the President
duty. of the United States for the time being: Provided always, That the
rate of compensation to be allowed for such wounds or disabilities to a
commissioned officer, shall never exceed, for the highest disability, half
the monthly pay of such officer, at the time of his being so disabled or
wounded; and that the rate of compensation to non-commissioned officers,
privates and musicians, shall never exceed five dollars per month: dtnd
provided also, That all inferior disabilities shall entitle the person so
disabled, to receive an allowance proportionate to the highest disability.
Officers, non- SEC. 14. And be it further enacted, That the offiaers, non-commis-
commissioned
officers, privates
sioned officers, privates and musicians aforesaid shall be governed by the
and musicians, rides and articles of war, which have been established by the United
subject to arti7 States in Congress assembled, as far as the same may be applicable to
eles of war. the constitution of the United States, or by such rules and articles as
may hereafter by law be established.
Oath to be SEC. 15. And be it further enacted, That every officer, non-commis-
taken and sub- sioned officer, private and musician aforesaid, shall take and subscribe
scribed by them. the following oath or affirmation, to wit: " I, A.B, do solemnly swear
or affirm (as the case may be) to bear true allegiance to the United
States of America, and to serve them honestly and faithfully, against all
their enemies or opposers whomsoever, and to observe and obey the
orders of the President of the United States and the orders of the offi-
cers appointed over me, according to the.rules and articles of war."
President to SEC. 16, And be it further enacted, That it shall be lawful for the
arm the troops. President of the United States, to arm the troops aforesaid, whether
riflemen, artillerists, dragoons or infantry, as he shall think proper; and
that it be also lawful for him to forbear to raise, or to discharge, after
To forbear to they shall be raised, any part thereof, in case events shall, in his judg-
raise, or to dis- mert, render his so doing consistent with public safety, and general con-
charge them. venience and economy.
Penalty on SEC. 17. And be it further enacted, That every person, who shall
enticing a Sol-
dierto deserto procure, or entice a soldier in the service of the United States, to desert,
purchasing his or who shall conceal such soldier, knowing him to have deserted, or who
arms or cloth. .shall purchase from such soldier, his arms, or his uniform clothing, or
ingdor conceal' any part thereof, and every captain or commanding officer of any ship
inz deserter &c. or vessel, who shall enter on board such ship or
vessel, as one of his
crew, knowing him to have deserted, or otherwise carry away such sol-
dier, or shall refuse to deliver him up to the orders of his commanding
officer, shall, upon legal conviction, be fined, at the discretion of the
court, in any sum not exceeding three hundred dollars, or be imprison-
ed, for any term not exceeding one year.
SEC. 18. And be it further enacted, That the several acts, intituled
1790, ch. 10. "An'act for regulating the military establishment of the United States ;"
Former
repealed. acts "An act for raising and adding another regiment, to the military estab-
rledl,8. lishment of the United States, and for making further provision for the
1794, ch. 52 . protection of the frontiers;" "An act for making farther and more effec-
1792, ch. 9. tual provision for the protection of the frontiers of the United States,"
be, and the same are hereby repealed; and also so much of any act, or
acts of the present session, as comes within the purview of this act:
Existing com- Provided always, That nothing in this section contained shall be so
.missions, ap- construed, as to vacate the commissions, which have been issued, or any
pointments and
enlistments not appointments or enlistments, which have been made, in pursuance of the
to be vacated acts herein repealed.
thereby. APPRovED, March 3, 1795.

THIRD CONGRESS. Srss. I. CH.45. 1795. 433
STATUTZ II.
CHAP. XLV.---n .&t making furtherprovisionfor the support of Public Credit, March 3, 1795.
and for the redemption of the Public Debt..
SECTION 1. Be it enacted by the Senate and House of Reresentatives Cobmissioners
of the United States of America in Congressassembled, That it shall be of the sinking
lawful for the commissioners of the sinking fund, and they are hereby fund may bor-
empowered, with the approbation of the President of the United States, row, &c.
to borrow, or cause to be borrowed, from time to time, such sums, in
anticipation of the revenues appropriated, not exceeding, in one year,
one million of dollars, to be reimbursed within a year from the time
of each loan, as may be necessary for the payment of the interest which Provision for
shall annually accrue on the public debt; and for the payment of the the payment of
interest on any such temporary loan, which shall not exceed six per cent- such borrowing.
um per annum, so much of the proceeds of the duties on goods, wares
and merchandise imported, on the tonnage of ships or vessels, and upon
spirits distilled within the United States, and stills, as may be necessary
shall be and are hereby appropriated.
SEC. 2. And be it further enacted, That a loan be opened at the Loan to be
treasury, to the full amount of the present foreign debt, to continue open opened to the
fullamount of
until the last day of December, in the year one thousand seven hundred the foreig, debt.
and ninety-six, and that the sums, which- may be subscribed to the said
loan, shall be payable and receivable, by way of exchange, in equal sums
of t~e principal of the said foreign debt; and that any sum, so subscrib-
ed, and paid, shall bear an interest equal to the rate of interest which is
now payable on the principal of such part of the foreign debt, as shall
be paid or exchanged therefor, together with an addition of one half per
centum per annum; the said interest to commence on the first day of
January next succeeding the time of each subscription, and to be paid
quarter yearly, at the same periods at which interest is now payable and
paid upon the domestic funded debt: Provided, That the principal of
the said loan may be reimbursed at any time, at the pleasure of the
United States.
SEc. 3. And be it further enacted, That credits to the respective sub- How credits
scribers, for the sums by them respectively subscribed to the said loan, shall be given to
shall be entered and given on the books of the treasury in like manher subscribers.
as for the present domestic funded debt; and that certificates therefor, Certificates.
of a tenor conformable with the provisions of this act, signed by the
Register of the Treasury, shall issue to the several subscribers, and that
the said credits, or stock standing in the names of the said subscribers,
respectively, shall be transferable, in like manner, and by the like ways
and means, as are provided by the seventh section of the act aforesaid,
intituled "An act making provision for the debt of the United States," Ante, p. 138.
touching the credits or stock therein mentioned ; and that the interest to
be paid upon the stock which shall be constituted by virtue of the said
loan, shall be paid at the offices or places, where the credits for the same
shall, from time to time, stand or be, subject to the like conditions and
restrictions, as are prescribed in and by the eighth section of the act last
aforesaid.
SEC. 4. And be it .further enacted, That the interest and principal Principal,&C.
of all loans, authorized by this act, shall be made payable at the treasury where to be
-of the United States only, so far as relates to the payment of the prin- paid.
cipal and interest of the domestic debt.
SEC. 5. And be it further enacted, That so much of the duties on Certain duties,
goods, wares and merchandise imported, on the tonnage of ships or yes- set free,shall
which be
appro-
sels, and upon spirits distilled within the United States, and stills, hereto- priated.
fore appropriated for the interest of the foreign debt, as may be liberated
or set free, by subscriptions to the said loan, together with such further
sums of the proceeds of the said duties, as may be necessary, shall be,
and they are hereby pledged and appropriated, for the payment of the
VOL. T.-55 20

THIRD CONGRESS. SEss. II. Cii. 45. 1795.
interest which shall be payable upon the sums subscribed to the said
loan, and shall continue so pledged and appropriated, until the principal
of the said loan shall be fully reimbursed and redeemed: Provided
Proviso. always, That nothing herein contained shall be construed to alter,
change, or in any manner affect, the provisions heretofore made con-
cerning the said foreign debt, according to contract, either during the
pendency of the said loan, dr after the closing thereof; but every thing
shall proceed, touching the said debt, and every part thereof, in the same
manner as if this act had never been passed, except as to such holders
thereof, as may subscribe to the said. loan, and from the'time of the
commencement thereof in each case, that is, when interest on any sum
subscribed shall begin to accrue.
Certain duties Sac. 6. And be it further enacted, That the- several and respective
to continue Woduties laid and contained in and by the act, intituled "An act laying
be collected, additional duties on goods, wares and merchandise imported into the
Ante, p. 390. United States," passed the seventh day of June, one thousand seven
hundred and ninety-four, shall, together with the other duties heretofore
charged with the payment of interest on the public debt, continue to be
levied, collected and paid, until the whole of the capital or principal of
the present debt of the United States, and future loans which may be
made, pursuant to law, for the exchange, reimbursement or redemption
thereof, or of any part thereof, shall be reimbursed 'or redeemed, and
shall bey and hereby are, pledged and appropriated for the payment of
interest upon the said debt and loans, until the same shall be so reim-
bursed or redeemed.
Substitution of SEC. 7. And be it further enacted, That the reservation made by
certain duties, the fourth section of the, aforesaid act, intituled "An-act making pro-
vision for the reduction of the public debt," be annulled, and in lieu
1790, ch. 47. thereof, that so much of the duties on goods, wares and merchandise
imported, on the tonnage of ships or vessels, and upon spirits distilled
within the United States, and-stills, as may be necessary, be, and hereby
are substituted, pledged and appropriated for satisfying the purpose of
the said reservation.
Appropriations -SEc. S. And be it further enacted, That the following appropriations,
made to certain in addition to those heretofore made, be made to the fund constituted
fund. by the seventh sectioun of the act, intituled " An act supplementary to
1792, ch. 38. the act making provision for the debt of the United States," passed the
eighth day of May, one thousand seven hundred and ninety-two, to be
hereafter denominated "The Sinking Fund," to wit: First, So much
of the proceeds of the duties on goods, wares and merchandise im-
ported; on the tonnage of ships or vessels, and on spirits distilled within
the United States and stills, as, together with the monies which now
constitute the said fund, and shall accrue to it, by virtue of the provi-
sionp herein before made, and by the interest upon each instalment, or
part bf principal, which shall be reimbursed, will be sufficient, yearly
and every year, commencing the first day of January next, to reimburse
and pay so much as may rightfully be reimbursed and paid, of the prin-
cipal of that part of the debt or stock, which, on the said first day of
January next, shall bear an interest of six per centum per annum, re-
deemable by payments on account both of principal and interest,.not ex-
ceeding, in one'year; eight per centum, excluding that which shall stand
to the credit of the commissioners of the sinking fund, and that which
shall stand to the credit of certain states, in consequence of the balances
reported in their favour, by the commissioners for settling accounts be-
tween the United States and individual states: Secondly,-The divi-
dends, which shall be, from time to time, declared on so much of the
stock of the Bank of the United States, as belongs to the United States
(deducting thereout such sums, as will be requisite to pay interest on
any part remaining unpaid of the loan of two millions of dollars, had of

THIRD CONGRESS. Sass. 11. Cu. 45. 1795.
the Blnk of the United States, pursuant to the eleventh section of the Appropriations
act, by which the said bank is incorporated) : rhirdly,--So much of the made to certain
duties on goods, wares and merchandise imported, on the tonnage of fund.
ships or vessels, and on spirits distilled within the United States and
stills, as, With the said dividends, after such deduction, will be sufficient,
yearly and every year, to pay the remaining instalments of the principal
of the said loan, as they shall become due, and as, together with any
monies, which, by virtue of provisions in former acts, and herein before
made, shall, on the first day of January, in the year one thousand eight
hundred and two, belong to the said sinking fund, not otherwise specially
appropriated; and with the interest on each instalment, or part of prin-
cipal, which shall, from time to time, be reimbursed, or paid, of that
part of the debt or stock, which, on the first day of January, in the year
one thousand eight hundred and one, shall begin to bear an interest of
six per centum per annum, will be sufficient, yearly and every year, com-
mencing on the first day of January, in the year one thousand eight hun-
dred and two, to reimburse and pay so much, as may rightfully be re-
imbursed and paid, of the said principal of the said debt or stock, which
shall so begin to bear an interest of six per centum per annum, on the
said first day of January, in the year one thousand eight hundred and
one, excluding that, which shall stand to the credit of the commissioners
of the sinking fund, and that, which shall stand to the credit of certain
States as aforesaid : Fourthly,-The net proceeds of the sales of lands
belonging, or which shall hereafter belong to the United States, in the
western territory thereof: Fifthly,-All monies, which shall be received
into the treasury, on account of debts due to the United States, by reason
of any matter prior to their present constitution: And lastly,-All sur-
pluses of the revenues of the United States, which shall remain, at the
end of any calendar year, beyond the amount of the appropriations
charged upon the said revenues, and which, during the session of Con-
gress next thereafter, shall not be otherwise specially appropriated or
reserved by law.
SEc. 9. And be it.further enacted, That as well the monies which shall Monies accru-
accrue to the said sinking fund, by virtue of the provisions of this act, "ing ing to the sink-
as those which shall have accrued to the same, by virtue of the provisions fund,
under to. be
the direc.
of any former act or acts, shall be under the direction and management tion and man-
of the commissioners of the sinking fund, or the officers designated in
~commissioners. agement of the
and by the second section of the act, intituled "An act making provi-
sion for the reduction of the public debt," passed the twelfth day of 1790,ch. 47.
August, one thousand seven hundred and ninety, and their successors
in'office; and shall be, and continue appropriated to the said fund, until How long to
the whole of the present debt of the United States, foreign and domes- be appropriated.
tic, funded and unfunded, including future loans, which may be made
for reimbursing or redeeming any instalments or parts of principal of
the said debt, shall be reimbursed and redeemed; and shall be, and are
hereby declared to be vested in the said commissioners, in trust, to be
applied, according to the provisions of the aforesaid act of the eighth
day of May, in the year one thousand seven hundred and ninety-two,
and of this act, to the reimbursement and redemption of the said debt,
including the loans aforesaid, until the same shall be fully reimbursed
and redeemed. And the faith of the United States is hereby pledged,
that the monies or funds aforesaid, shall inviolably remain, and be appro-
priated and vested, as aforesaid,.to be applied to the said reimbursement
and redemption, in manner aforesaid, until the same shall be fully and
completely effected.
SEC. 10. And be it further enhcted, That all reimbursements of the Reimburse-
capital, or principal of the public debt, foreign and domestic, shall be
ment ofthe cap-
ital ofdebt to be
made under the. superintendence of the commissioners of the sinking under thesuper-
fund, who are hereby empowered and required, if necessary, with the intendence of

THIRD CONGRESS. Sass. II. CH. 45. 1795.
the commis- approbation of the President of the United States, as any instalments
sioners, who or parts of the said capital or principal become due, to borrow, on the
may borrow, credit of the United States, the sums requisite for the payment of the
Vol. 2, p. 551. said instalments or parts of principal : Provided, That any loan which
may be made by the said commissioners, shall be liable to reimburse-
ment at the pleasure of the United States; and that the rate of interest
What shall be thereupon, shall not exceed six per centum per annum; and for greater
a good execu- caution, it is hereby declared, that it shall be deemed a good execution
tion of the pow.
er to borrow, of the said power to borrow, for the said commissioners, with the appro-
bation of the President, to cause to be constituted certificates of stock,
signed by the Register of the Treasury for the sums to be respectively
borrowed, bearing an interest of six per centum per annum, and redeem-
able at the pleasure of the United States; and to cause the said certifi-
cates of stock to be sold i'n ihe market of the United States, or elsewhere;
Appropriation Provided, That no such stock be sold under par. And for the payment
for the payment of interest on pmy sum or sums which may be so borrowed, either by
of' interest. direct loans, or by the sale of certificates of stock, the interest on the
sum or sums which shall be reimbursed by the proceeds thereof (except
that upon the funded stock, bearing and to bear an interest of six per
centum, redeemable by payments, not exceeding in one year, eight per
centum on account both of principal -and interest), and so much of the
duties on goods, wares and merchandise imported, on the tonnage of
ships or vessels, and upon spirits distilled within the United States; and
1802, ch. 32. upon stills, as may be necessary, shall be, and hereby are pledged and
appropriated.
What sums SEC. 11. And be it further enacted, That it shall be the duty of the
the commis- commissioners of the sinking fund, to cause to be applied and paid, out
sioners shall pay
annually. of the said fund, yearly and every year, at the treasury of the United
States, the several and respective sums following, to wit: First, such
sum and sums as, according to the right for that purpose reserved, may
rightfully be paid for, and towards the reimbursement or redemption of
such debt or stock of the United States, as, on the first day of January
next, shall bear an interest of six per centum per annum, redeemable by
payments, not exceeding in one year, eight per centum, on account both
of principal and interest, excluding that standing to7 the credit of the
commissioners of the sinking fund, and that standing to the credit of
certain states, as aforesaid, commencing the said reimbursement or re-
demption, on the said first day of January next: Secondly, such sum
and sums as, according to the conditions of the aforesaid loan, had of
the Bank of the United States, shall be henceforth payable towards the
reimbursement thereof, as the same shall respectively accrue: Thirdly,
such sum and sums as, according to the right for that purpose reserved,
may rightfully be paid for and towards the reimbursement or redemption
of such debt or stock of the United States as, on the first day of Jan-
uary, in the year one thousand eight hundred and one, shall begin to
bear an interest of six per centum per annum, redeemable by payments,
not exceeding in one year, eight per centum, on account both of prin-
cipal and interest, excluding that standing to the credit of the commis-
sioners of the sinking fund, and that standing to the credit of certain
states, as aforesaid, commencing the said reimbursement or redemption,
on the first day of January, in the year one thousand eight hundred and
two; and also to cause to be applied all such surplus of the said fund,
as may at any time exist, after satisfying the purposes aforesaid, towards
the further and final redemption of the present debt of the United States,
foreign and domestic, funded and unfunded, including loans for the
reimbursement thereof, by payment or purchase, until the said debt
shall be completely reimbursed or redeemed.
SEc. 12. Provided always, and be it further enacted, That nothing
in this act shall be construed to vest in the commissioners of the sink-

THIRD CONGRESS: Szs& H. CH. 45. 1795.
ing fund, a right to pay, in the purchase or discharge of the unfunded Commission-
re not to pay
domestic debt of the United States, a higher rate than the market price - more for the un-
or value of the funded debt of the United States: And provided also, fundeddomestic
That if, after all the debts and loans aforesaid, now due, and that shall debt, than the
arise under this act. excepting the said debt or stock, bearing an interest market price of
the funded.
of three per cent. shall be fully paid and discharged, any part of the Government
principal of the said debt or stock bearing an interest of three per cent. may make dif-
erent appropri.
as aforesaid, shall be unredeemed, the government shall have liberty, if f aeions or the
they think proper, to make other and different appropriations of the funds in a cer-
said funds. tain event.
SEC. 13. And be it further enacted, That all priorities heretofore Priorities in
established in the appropriations by law, for the interest on the debt of appropriations
for the payment
the United States, as between the different parts of the said debt, shall, of interest to
after the year one thousand seven hundred and ninety-six, cease with cease, asto cer.
regard to all creditors of the United States, who do not, before the expi- taincreditors.
ration of the said period, signify, in writing, to the Comptroller of the
Treasury, their dissent therefrom; and that thenceforth, with the excep-
tion only of the debts of such creditors who shall so signify their dissent,
the funds or revenues charged with the said appropriations, shall,
together, constitute a common or consolidated fund, chargeable indis-
criminately, and without priority, with the payment of the said interest.
SEc. 14. And be it further enacted, That all certificates, commonly Certificates to
called loan office certificates, final settlements, and indents of interest, be presented at
which, at the time of passing this act, shall be outstanding, shall, on or the treasury;
before the first day of January, in the year one thousand seven hundred
and ninety-seven, be presented at the office of the Auditor of the Trea- post, 562.
sury of the United States, for the purpose of being exchanged for other
certificates of equivalent value and tenor, or at the option of the holders
thereof, respectively, to be registered at the said office, and returned;
in which case, it shall be the duty of the said Auditor to cause some
durable mark or marks to be set on each certificate, which shall ascer-
tain and fix its identity, and whether genuine, or counterfeit or forged;
and every of the said certificates, which shall not be presented at the
said office, within the said time, shall be forever after barred or precludbd or be barred.
from settlement or allowance.
SEc. 15. And be it further enacted, That if any transler of stock Condition an-
standing to the credit ~transfer
of a state, shall be made pursuant to the act, inti- nexed to the
of stock
tuled An act authorizing the transfer of the stock standing to the standing to the
credit of certain states," passed the second day of January, in this creditofa state.
present year, after the last day of December next, the same shall be upon
condition, that it shall be lawful to reimburse, at a subsequent period of Ante, p. 409.
reimbursement, so much of the principal of the stock so transferred, as
will make the reimbursement thereof, equal in proportion and degree,
to that of the same stock transferred previous to the said day.
SEc. 16. And.be it further enacted, That in regard to any sum which Sumof money
shall have remained unexpended upon any appropriation other than for but remanig
the payment of interest on the funded debt; for the payment of interest unexpended, for
upon, and reimbursement, according to contract, of any loan or loans a certain time,
to be carried to
made on account of the United States; for the purposes of the sinking the "surplus
fund; or for a purpose, in respect to which, a longer duration is spe- fund."
cially assigned by law, for more than two years after the expiration of the
calendar year in which the act of appropriation shall have been passed,
such appropriation shall be deemed to have ceased and been deter-
mined; and the sum so unexpended shall be carried to an account on
the books of the treasury, to be denominated " THE SURPLUS FUND."
But no appropriation shall be deemed to have so ceased and been deter-
mined, until after the year one thousand 6even hundred and ninety-five,
unless it shall appear to the Secretary of the Treasury, that the object
thereof hath been fully satisfied, in which case, it shall be lawful for him
202

THIRD CONGRESS. SEss. II. CM. 46. '1795.
to cause to be carried the unexpended residue thereof, to the said

account And surplus
of "the
SEc. 17. fund."
Duty of the
be it further enacted, That the department of the
treasurer with treasury, according to the respective duties of the several officers thereof,
regard to the
execution ofthis shall establish such forms and rules of proceeding, for and touching the
act. execution of this act, as shall be coniformable with the provisions thereof.
Commission- Src. 18. And be it further enacted, That all the restrictions and
ers of the, sink- regulations heretofore established by law for regulating the execution of
iog fund in the
execution ofthis the duties enjoined upon the commissioners of the sinking fund, shall
act to be regu- apply to, and be in as full force for the execution of the analogous duties
lated by analo- enjoined by this act, as if.they were herein particularly repeated and
gous provisions
of other acts. re-enacted: And a particular account of all sales of stock, or of loans
They shall lay by them made, shall be laid before Congress, within fourteen days after
before- Congress
accounts of their meeting next after the making of any such loan or sale of stock.(a)
sales of stock or SEc. 19. And be it further enacted, That in every case in which
loans made. power is given by this act t& make a loan, it shall be lawful for such
Loans under loan to be made of the Bank of the United States, although the same
this act may be
made of the -may exceed the sum of fifty thousand dollars.
Bank of United Sne. 20. And be it further enacted, That so much of the act laying
States.
The limitations duties upon carriages for the
conveyance of persons; and of the act
of certain acts laying duties on licenses for selling wines and foreign distilled spirituous
extended. liquors by retail; and of the act laying certain duties upon snuff and
Ante, p. 373. refined sugar, and of the act laying duties on property sold at auctiol,
Ante, p. 376. as limits the duration of the said several acts, be, and the same is hereby
Ante, p. 384.
repealed; and that all the said several acts be, and the same are hereby
Ante, p. 397. continued in force until the
first day of March, one thousand eight
1801, ch. 11. hundred and one.
APPnovED, March 3,.1795.
STATUTE II.
March 3, 1795. CHAP. XLVI.-.sn lect makiiio further appropriationsfor the; Mililary and
Naval establishments, and for the support (f Governmenit.
[Obsolete.]
Additional a'. SEC'rtON 1. Be it enacted by the Senate and House of Rtpresenta-
propriations for tires of the- United States of America in Congress assembled, That includ-
the military es-
tairlishment. ing the appropriation of five hundred thousand dollars, made for the
military establishment for the year one thousand seven. hundred and
ninety-five, by an act of the present session, there be appropriated for
the said military establishment, a sum not exceeding one million four
hundred and sixty-nine thousand four -hundred and thirty-nine dollars.
and twenty-nine cents; that is to say :-For the pay of the legion of the
United States, three hundred and four thousand five hundred and forty-
eight dollars: For the pay of the corps of artillery, fifty-six thousand
eight hundred and sixty-eight dollars: For subsistence of the legion and
artillery, three hundred and sixty-one thousand seven hundred and nine-
teen dollars and thirty cents: For forage and cavalry, thirty-three thou-
sand seven hundred anad twenty dollars: For clothing, one hundred
and twenty thousand. four hundred and forty dollars: For.equipments
for the cavalry, seven thousand three hundred and fourteen dollars: For
horses for the cavalry, twenty-four thousand dollars: For bounty, five
thousand dollars: For the hospital department, twenty thousand dollars:
For the ordnance department, eleven thousand three- hundred and sixty-
five dollars and ninety-nine cents: For the Indian department, eighty
thousand dollars: For the quartermaster's department, one hundred and
-fifty thousand dollars: For contingencies of the war department, thirty
thousand dollars: For the defensive protection of the, frontiers, one
hundred and thirty thousand dollars: For the completion of the fortifi-
cations, fifty thousand dollars: For additional pay and bounty to the
legion and artillery, pursuant to an act of the present session, seventy-
seven thousand four hundred and, sixty-four dollars.
(a) Act of* April 29, 1802, chap. 32, see. 8.

THIRD CONGRESS. SEss. II. CH. 47. 1795.
SEc. 2. And be it further enacted, That for defraying the expense of, Detachment of
six months pay and subsistence of a detachment of militia under the militia under
General Mor-
command of major general Morgan, pursuant to an act of the present gan.
session, there be appropriated the sum of one hundred thousand six hun-
dred and eighty-two dollars; that is to say : For the general staff, four
thousand one hundred and thirty-four dollars: For major Brooke's bat-
talion, nineteen thousand eight hundred and forty-eight dollars: For
major Lynn's battalion, twenty-one thousand three hundred dollars: For
cavalry, twenty-three thousand four hundred dollars: For subsistence,
twenty-four thousand dollars: For forage for officers and cavalry, eight
thousand dollars.
Suc. 3. And be it .further enacted, That the surplus which may re- Surplusofap.
main unexpended of the sum of six hundred and eighty-eight thousand, propriation to
eight hundred and eighty-eight dollars and eighty-two cents, which was the naval de-
partment.
appropriated for the use of the naval department, in the year one thou-
sand seven hundred aid ninety-four, by an act passed the ninth day of 1794, ch. 63.
June last, shall be, and the same is hereby appropriated to the use of
the said naval department, for the year one thousand seven hundred and
ninety-five.
SEC. 4. And be it further enacted, That there be appropriated the Military pen.
several sums following, to wit: For the payment of military pensions, sions, and con-
for the year one thousand seven hundred and ninety-five, eighty-five tingent pur.
poses Qfrgovern.
thousand three hundred and fifty-seven dollars and four cents; and a ment.
sum not exceeding ten thousand dollars for the contingent purposes of
government, subject to the disposition of the President of the United
States
SEC. 5. And be it .further enacted, That the several appropriations Out of' what
herein before made, shall be paid and discharged out of the funds fol- funds these ap-
propriaeions are
lowing, to wit: First the surplus of the sum of six hundred thousand payable.
dollars, reserved by the act "making provision for the debt of the United
States," and which will accrue during the year one thousand seven hun- 1790, ch. 34.
dred and ninety-five: Secondly, the surplus of revenue and income
beyond the appropriations heretofore charged thereupon, to the end of
th- :ar one thousand seven hundred and ninety-five: And thirdly, the
surplus which shall remain unexpended of the monies appropriated to
the use of the war department for the year one thousand seven hundred
and ninety-four.
SEc. 6. And be it. further enacted, That the President of the United President may
States be empowered to borrow, on behalf of the United States, of the borrow to the
amount of'these
Bank of the United States, which is hereby authorized to lend the same, appropriations.
or of any other body or bodies politic, person or persons, any sum or
sums not exceeding in the whole, the sums herein appropriated, and to
be applied to the purposes aforesaid, and to be reimbursed as well inter-
est as principal out of the funds aforesaid.
STATUTE 11.
CHAP. XLVII.-qn Act supplementary to the act intituled "A.n act establising March 3, 1795.
a Mint, and regulating the COins nf the United States."(a)
Act or April
SECTtON 1. Be it enacted by the Senate and House of Representa- 2, 1792, ch. 16.
tives of the United States of America in Congress assembled, and it is Additional
hereby enacted and declared, That for the better conducting of the busi- officer of the
mint by the
ness of the mint of the United States there shall be an additional officer name of the
appointed therein by the name of the- melter and refiner, whose duty melter and re-
finer.
shall be to take charge-of all copper, and silver or gold bullion delivered
out by the treasurer of the mint after it has been assayed, agreeably to His duty.
the Tules and customs of the mint already directed and established, or
(a) See note to act of April 2, 1792, chap. 16.

THIRD CONGRESS. SEss. IL Ci. 47. 1795.
which may hereafter be directed and established by the accounting offi-

cers of the treasury, and to reduce the same into bars or ingots fit for
the rolling mills, and then to deliver them to the coiner or treasurer, as
the director shall judge expedient; and to do and perform all other du-
ties belonging to the office of a melter and refiner or whicfi shall be
ordered by the director of the mint.
To take oath SEC. 2. And be it further enacted, That the melter and refiner of the
and give securi- said mint shall, before he enters upon the execution of his said office,
ty. take an oath or affirmation before some judge of the United States, faith-
fully and diligently to perform the duties thereof. And also shall become
bound to the United States of America, with one or more sureties to
the satisfaction of the Secretary of the Treasury, in the sum of six thou-
sand dollars, with condition for the faithful and diligent performance of
the several duties of his office.
His conspen. SEC. 3. And be it further enacted, That there shall be allowed and
sation. paid, to the said melter and refiner of the mint as a compensation for
Obsolete. his services, the yearly salary of fifteen hundred dollars.
Presidentmay SEC. 4. And be it further enacted, That the director of the mint be,
make tempora- and hereby is authorized, with the approbation of the President of the
ry appointment. United States, to employ such person as he may judge suitable to dis-
charge the duties of the melter and refiner, until a melter and refiner
1800, ch. 34. shall be appointed by the President, by and with the advice of the
Senate.
Treasurer of SEC. 5. And be it further enacted, That the treasurer of the mint
the mint to re- shall and be is hereby directed, to retain two cents per ounce from every
tain part of bul. a
lion deposited, deposit of silver bullion below the standard of the United States, which
&c. hereafter shall be made for the purpose of refining and coining; and
four cents per ounce from every deposit of gold bullion made as afore-
said, below the standard of the United States, unless the same shall be
so far below the standard as to require the operation of the test, in which
case, the treasurer shall retain six cents per ounce, which sum so re-
tained shall be accounted for by the said treasurer with the treasury of
the United States as a compensation for melting and refining the same.
Treasurer of SEC. 6. And be it further enacted, That the treasurer of the mint
the mint shall shall not be obliged to receive from any person, for the purpose ofofrefin-te
not be obliged and an f siver bullion,bow the standar
to receive cer- ing and coining, any deposit of silver bullion, below the standard of the
tain deposits of United States, in a smaller quantity than two hundred ounces; nor a
bullion. like deposit of gold bullion below the said standard, in a smaller quantity
than twenty ounces.
Officers of the SEC. 7. And be it further enacted, That from and after the passing
mint may givea of this act, it shall and may be lawful for the officers of the mint to give
preference to
bullion of ihe a preference to silver or gold bullion, deposited for coinage, which shall
standard of the be of the standard of thb United States, so far as respects the coining
U. S. of the same, although bullion below the standard, and not yet refined,
may have been deposited for coinage, previous thereto, any law to the
1792, ch. 16, contrary notwithstanding: Provided, That nothing herein shall justify
sec. 15. the officers of the mint, or any one of them, in unnecessarily delaying
the refining any silver or gold bullion below the standard, that may be
deposited, as aforesaid.
President may SEC. 8. And be it .further enacted, That the President of the United
reduce the States be, and he is hereby authorized, whenever he shall think it for
weight of cop-
per coin. the benefit of the United States, to reduce the weight of the copper coin
of the United States: Provided, such reduction shall not, in the whole,
exceed two pennyweights in each cent, and in the like proportion in a
half cent; of which he shall give notice by proclamation, and communi-
cate the same to the then next session of Congress.
SEC. 9. And be it further enacted, That it shall be the duty of the
treasurer of the United States, from time to time, as often as he shall
receive copper cents and half cents from the treasurer of the mint, to

THIRD CONGRESS. SEss. IL CH.48, 1795. . 441
send them to the bank or branch banks of the United States, in each Mode of dis.
of the states where such bank is established; and where there is no bank tribution
cents and ofhalf
established, then to the collector of the principal town in such state (in cents.
the proportion of the number of inhabitants of such state) to be by such
bank or collector, paid out to the citizens of the state for cash, in sums
not less than ten dollars value; and that the same be done at the risk
and expense of the United States, under such regulations as shall be
prescribed by the department of the treasury.
STATUTE II.
CHAP. XLVIII.-n Slet for the moe effectual recovery of Debts due from i . March 3,1795.
viduals to the United States.
SECTION 1. Be it enacted by the Senate and House of Representatives Comptroller
of the United States of America in Congress assembled, That the comp- may issue noti,.
m- fication
to debt.
troller of the treasury be, and is hereby authorized to issue a notifica- ors, &c.
tion to any person who has received monies for which he is accountable
to the United States, or to the executor or administrator of such person,
if he be deceased, requiring him to render to the auditor of the treasury,
at such time as he shall think reasonable, according to the circumstances
of the case, within twelve months from the date of such notification, all
his accounts and vouchers, for the expenditure of the said monies, and
in default -thereof, suits shall, at 'the discretion of the conptroller of the
treasury, be commenced for the same, without further notice: And
the party sued, as aforesaid, shall be subject to the costs and charges of
such suits, whether the ultimate decision shall be in his favou: or against
him.
•Sac. 2. And be it further enacted, That the marshals of the re- Marshals of
spective districts be, and are hereby authorized and directed to serve the the districts to
said notifications on the parties therein named, by leaving copies thereof serve such nod.
at their respective dwellings, or usual places of abode, at least four tieation.
months before the time fixed in such notification, for rendering their
accounts, as aforesaid, and that the return of the said notifications to the
comptroller's office, with the marshal's certificate thereon, that such ser-
vice has been.made, be deemed legal evidence in the district or circuit
courts, of the proceedings, and for the recovery of costs and charges.
And that in cases, where accounts shall be rendered to the auditor of Auditor to li-
the treasury, within the time limited in the notifications aforesaid, he quidate account
shall immediately proceed to liquidate the credits to be passed for the and transmit it
to the Comptrol.
said accounts, and report the same to the comptroller, with a particular ler, &c.
list of any claims which shall have been disallowed by him. And that
the comptroller of the treasury immediately proceed to the examination
of the credits allowed by the auditor, and if the same be approved by 1809, ch. 28,
him, that he cause credit therefor to be passed on the public books. see. 2.
And the comptroller shall also appoint a day, for hearing the claimant
on the claims so disallowed by the auditor, as aforesaid.
SEc. 3. And be it further enacted, That a list of all such credits Howsuspend.
aforesaid, as shall have been claimed, and not admitted by the comm" ed credits areto
be finally deter.
troller, be made out and transmitted to the marshal of the district, where mined on.
the claimant resides; and that a copy thereof be served on the claimant,
or left'at his dwelling or last usual place of abode, with notice of the
time assigned by the comptroller, for the final hearing, as aforesaid, at
least four months before such hearing; of which proceedings, the mar-
shal is hereby directed to transmit an officil return to the comptroller.
And in case of an omission or neglect, on the part of the claimant, to
assign, in writing, or otherwise, his reasons to the comptroller, within
the time limited, as aforesaid, why the suspended credits should be ad-
mitted, all fiuture claims therefor shall be, and are hereby forever barred.
But in case the claimant shall, within the time aforesaid, assign in
VOL. L.-56

THIRD CONGRESS. SESS. If. CH. 49. 1795.
writing, or otherwise, his reasons khy the suspended credits should be

admitted, the comptroller shall immediately consider the same, and
decide thereon, according to the principles of equity, and the usages of
the treasury department.
Decision of SEC. 4. And be it further enacted, That in all cases, where the final
Comptroller decision of the comptroller shall be against the claimant, such determi-
conclusive on
allconcerned, nation shall be final and conclusive to all concerned.
STATUTE If.
March 3,1795. CRAP. XLIX.-Sn .et to authorize a grant of lands to the French inhabitants
of Galliopolis, and for other purposes therein mentioned.
President to SECTION 1. Be it enacted by the Senate and House of Representatives
cause a certain
tract of land to f the United States of America in Congress assembled, That the Pre-
be surveyed. sident of the United States shall be and he is hereby authorized and em-
powered to cause'to be surveyed, in the territory northwest of the Ohio,
1798, ch. 59. a tract of land situate on the northerly bank of the river Ohio, beginning
one mile and a half on a straight line above the mouth of Little Sandy,
thence down the said river Ohio along the courses thereof eight miles
when reduced to a straight line, thence at right angles from each extre-
mity of the said line so as to include the quantity of twenty-four thou-
sand acres of land to be disposed as herein after directed.
To cause the SEc. 2. And be it further enacted, That the President be authorized
French inhabit, to cause to be ascertained the number of French inhabitants and actual
ants of Gallio-
polis to be ea- settlers of the town or settlement of Galliopolis, being males above
merated. eighteen years of age or widows who are or shall be within the said
town or settlement of Galliopolis on the first day of November next.
Letterspatent Swe. 3. And be it further enacted, That the President of the United
to be issued to States shall be and he is hereby authorized and empowered to issue
John G. Gervais
for a tract of letters patent in the name and under the seal of the United States, there-
said land on by granting to John Gabriel Gervais, and his heirs, four thousand acres
condition, of land, part of the said twenty-four thousand acres to be located on the
northwest bank of the river Ohio opposite to the mouth of the Little
Sandy, with condition in the said letters patent that,if the said John
Gabriel Gervais or his heirs shall not personally within three years from
the date of the same patent settle on the same tract of land, and there
continue settled for three years next thereafter, the same letters patent
shall be void and determine,'and the title thereof revest in the United
States as if this law bad not passed.
Remainder to SEC. 4. And be it further enacted, That the President of the United
be
amongdistributed
the ac. States shall be and he is hereby authorized and empowered to cause to
tual settlersof be surveyed, laid off and divided, the remaining twenty thousand acres
Galliopolis. of land, residue of the twenty-four thousand acres, into as many lots or
parts as the actual settlers of Galliopolis shall on the ascertainment afore-
said amount to, and the same to be designated, marked and numbered
on a plat thereof to be returned to the secretary of the said territory,
together with a certificate of the courses of the said lots, the said lots or
parts of the aforesaid tract, to be assigned to the settlers aforesaid by lot.
Patents to is- And the President of the United States is hereby authorized and em-
sue, powered to issue letters patent as aforesaid to the said actual settlers and
their heirs for the said twenty thousand acres, to be held by them in seve-
ralty in lots to be designated and described by their numbers on the plat
on condition, aforesaid, with condition in the same letters patent that if one or more of
1806, ch. 7. the said grantees his or her heirs or assigns shall not within five years
from the date of the same letters make or cause and procure to be made
an actual settlement on the lot or lots assigned to him, her or them, and
the same continue for five years thereafter, that then the said letters patent
so far as concerns the said lot or lots not settled and continued to be

THIRD CONGRESS. Szss. IL Cn. 50,51j,52. 1795. 443
settled as aforesaid shall cease and determine and the.title thereof shall
revest in the United States in the same manner as if this law had not
passed.
Sac. 5. And be it further enacted, That nothing in- this act shall Settlers'claims
con to
against not
be taken or considered in any manner to impair or affect the claims of tractors
the said settlers against any person or persons for or by rqason of'any be impaired.
contracts heretofore made by them, but that the same contracts shall be
and remain in the same state as if this law had not passed.
STATrrE U.
CHAP. L.-In Sct for the more general promulgation of the laws of the United March 3, 1795.
st ates.(a) [Obsolete.]
S cTIoN 1. Be it enacted by the Senate and House of Representa. Secretary of
tires of the United States of America in Congress assembled, That, for State
an to cause
edition of'the
the more general promulgation of the laws of the United States, the laws, &c.to be
Secretary for the department of State shall, after the end of the next printed.
session of Congress, cause to be printed and collated at the public ex-
pense, a complete edition of the laws of the United States, comprising 1799, eh. 30.
the constitution of the United States, the public acts then in force, and
the treaties, together with an indexto the same.
SEC. '2. And be it further enacted, That four thousand five hundred A certain num-
her of copies to
copies of the said edition shall be divided by the said secretary, among be distributed
the respective states, and the territories northwest and south of the among the
river Ohio, according to the rule for apportioning representatives; and states.
that the proportion of each state or territory shall be transmitted by the
said secretary to the governor or supreme executive magistrate thereof, 1814, ch. 69.
to be deposited in such fixed and convenient place in each county, or -
other subordinate civil division of such state or territory, as the execu-
tive or legislature thereof shall deem most conducive to the general
information of the people: and that five hundred copies of the said edi- Some to be
tion be reserved for the future disposition of Congress. reserved.
SEc. 3. And be it further enacted, That the acts passed at each suc-
ceeding session of Congress, including future treaties, shall be printed
and distributed, in like manner and proportion.
STATUTF II.
CHAP. LI.-An Act making provision for the purposes of rrade with the Indians. March 3, 1795.
United States of America in Congress assembled, That a sum, not ex- Goods to be
for
ceedint n fifty thousand dollars, be appropriated toSthe- purchase of goods purchased
supplying the
fdr supplying the Indians within the limits of the United States, for the Indians.
year one thousand seven hundred and ninety-five; and that the sale of
such goods be made under the direction of the President of the United
States.
STATUT9 II.
CHAP. LI.-Jn act to regulate the oompensation of Clerks. March 3, 1795.
SECTION 1. Be it enacted by the Senate and House of Representatives [Obsolete.]
of the United States of America in Congress assembled, That the Compensations
Secretary of the Treasury, the Secretary of the department of State and of clerks in the
departments
the Secretary of the department of War, be authorized to vary, for the may be varied
present year, the compensations heretofore established for clerks in their for the present
respective departments, in such manner as the services to be performed year.
(a) See an Act for the more general promulgation of the laws of the United State,, March 2, 1799,
ch. 30.

THIRD CONGRESS. SEss. II. CH. 53. IESOLUTIN. 1795.
shall in their judgment require; so however that no principal clerk shall

Increase of receive more than at the rate of one thousand dollars per annum, and
compensation to that the aggregate of the compensations for clerks in either of the said
one ofthe clerks a
ofthe director of departments shall not for the said year exceed the aggregate of the com-
the mint. pensations allowed for clerks in the same department for the year one
thousand seven hundred and ninety-four; and that an additional com-
1796, ch. 40. pensation not exceeding the rate of two hundred dollars per annum be
allowed for one clerk employed by the director of the mint during the
present year.
Clerk hire of - SEC. 2. And be it further enacted, That there be allowed for the year
the commission. one thousand seven hundred and ninety-five, to the commissioners of
ers of loans, &C. loans in the states of Massachusetts and New York respectively not ex-
ceeding five clerks at the rate of five hundred dollars each; to the com-
missioner of loans in the state of Connecticut not exceeding two clerks
at the rate of four hundred dollars each; and to the commissioner of
loans in the states of Pennsylvania, Virginia and South Carolina respect-
ively not exceeding two clerks at the rate of five hundred dollars each.
The aggregate of the compensations for clerks employed by either of the
said commissioners to be apportioned among them at his discretion.
That there be allowed for the year aforesaid in lieu of clerk hire to the
commissioner of loans in the state of New Hampshire three hundred and
fifty dollars; to the commissioner of loans in the state of Rhode Island
four hundred dollars; to the commissioner of loans in the state of New
Jersey three hundred dollars; and to the commissioner of loans in the
state of Maryland two hundred and fifty dollars.
STA1TT II.
March 3, 1795. CHAP. LIII..- n Sct authorizing the exportationof Iras,Cannonand Mlitary
[Obsolete.] Stores in certain cases.
President may Be it enacted by the Senate and House of Representaives of the
in certain cases
permit the ex- United States of America in Congress assembled, That in cases con-
portation of nected vith the security of the commercial interest of the United States,
arms, &c. and for public purposes only, the President of the United States be,
and hereby is authorized to permit the exportation of arms, cannon and
military stores, the law prohibiting the exportation of the same to the
contrary notwithstanding. -
1. Resolved by the Senate and House of Representatives of the United States of America
in Congress assembled, That the President of the United States be and hereby is request-
ed to give directions to the Attorney General to collect, digest and report to the next
Congress, the charters, treaties and other documents relative to, and explanatory of, the
title to the land situate in the South Western parts of the United States and claimed by
certain companies under a law of the State of Georgia passed the seventh day of January
last, namely, a tract o land claimed by James Gsn, Matthew McAllister, and George
Nicholas ; Long, Thomas
Walker, and
Glascock, Ambrose Gordon, andalso
their associates; a tractCouming,
Thomas and teiby associates
of land claimed also a tract of
land claimed by John B. Scott, Jhn C. Nightingae, and Wade Hampton, and their as-
sociates. and also a tract of land claimed by Zacharish Cox, and Matias Maher, and
their associates.
Passed by both Houses March 3, 1795.

ACTS OF THE FOURTH CONGRESS
OF THE
UNITED STATES
Passed at the first session, which was begun and held at the City of
Philadelphia,in the state of Pennsylvania, on Monday, the seventh
day of December, 1795, and ended on the first of June, 1796.
United States, and President of the Senate; SAMUEL LIVERMORE, °
President of the Senate pro teinpore; JONATHAN DAYTON, Speaker
of the House of Representatives.
STATUTE I.
CHAPTER 1.-Ann Act making A8ppropriationsfor the Support of Government, for Feb. 5, 1796.
the year one thousand seven hundred and ninety-six. [Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Specific ap-
of the United States of America, in Congress assembled, That for defray- propriations f
or
ing the expenditure of the civil list of the United States, for the year support gore
ernment,o for
one thousand seven hundred and ninety-six, together with the incidental 1796.
and contingent expenses of the several departments and offices thereof,
there be appropriated a sum of money, not exceeding five hundred and
thirty thousand three hundred and ninety-two dollars and eighty-five cents;
that is to say :
For the compensations granted by law to the Presidentand Vice Pre- President and
sident of the United States, thirty thousand dollars. Vice President.
For the like compensations to the members of the Senate and House Senate and
of Representatives, their officers and attendants, estimated for a session House of Rep-
of six months continuance, one hundred and ninety-three thousand four resentatives.
hundred and sixty dollars.
For the expenses of firewood, stationery, printing-work, and all other
contingent expenses of the two houses of Congress, eleven thousand five
hundred dollars.
For the compensations granted by law to the Chief Justice, Associate
Judges, District Judges, and Attorney General, forty-three thousand six
hundred dollars.
For defraying the expense of clerks of courts, jurors and witnesses, in
aid of the fund arising from fines, forfeitures and penalties; and likewise
for defraying the expenses of prosecutions for offences against the United
States, and for safe keeping of prisoners, twenty thousand dollars.
For making good deficiences in the last-mentioned fund, in the appro-
priation of the year one thousand seven hundred and ninety-five, ten
thousand dollars.
For compensation to the Secretary of State, Clerks and persons em-
ployed in that department, seven thousand eight hundred and fifty dol-
lars.
For incidental and contingent expenses in the said department,
twenty-three thousand three hundred and eighty dollars.
For compensation to the Secretary of the Treasury, clerks and per-
sons employed in his office, eight thousand one hundred and fifty dol-
lars.
in the office of the Secretary of the Treasury, five hundred dollars.
445 2P

FOURTH CONGRESS. SEss. I. Cn. 1. 1796.
Specific appro. For compensation to the Comptroller of the Treasury, clerks and
priations for persons employed in his office, ten thousand nine hundred dollars.
support of gov.
ernment, for For expense of stationery, printing and all other contingent expenses
1796. in the Comptroller's office, eight hundred dollars.
For compensation to the Treasurer, clerks and persons employed -in
his office, four thousand four hundred dollars.
For expense of firewood, stationery, printing, rent, and other contin-
gencies in the treasurer's office, six hundred dollars.
employed in his office, eleven thousand two hundred and fifty dollars.
For expense of stationery, printing, and other contingent expenses in
the auditor's office, six hundred dollars.
For compensation to the commissioner of the revenue, clerks and
persons employed in his office, five thousand two hundred and fifty dol-
lars.
For expense of stationery, printing, and all other contingent expenses
in the office of the commissioner, four hundred dollars.
employed in his office, fourteen thousand seven hundred dollars.
in the register's office (including books for the public stocks) two thou-
sand eight hundred dollars.
For compensation to the purveyor of public supplies, including his
salary from the time of his appointment to the thirty-first day of Decem-
ber, one thousand seven hundred and ninety-five, three thousand six
hundred and ninety-four dollars and forty-four cents.
For the payment of rent for the several houses employed in the trea-
sury department (except the treasurer's office) one thousand nine hun-
dred and eighty-six dollars and sixty-eight cents.
For expense of firewood and candles in the several offices of the
treasury department, (except the treasurer's office) three thousand dol-
lars.
For defraying the expense tincident to the stating and'printing the
public accounts, for the year one thousand seven hundred and ninety-
six, one thousand dollars.
For the payment of certain incidental and contingent exp'nses of-the
treasury department, in the year one thousand seven hundred and ninety-
five, beyond the sum which was appropriated, two thousand five hundred
dollars.
For compensation to the several loan officers, thirteen thousand two
For payment of clerks allowed to several of the loan officesj for the
year one thousand seven hundred and ninety-five, by an act of the last
session of Congress, ten, thousand one hundred dollars.
ployed in his office, seven thousand and fifty dollars.
For expense of firewood, stationery, printing, rent, and other contin-
gent expenses of the office of the Secretary of War (including the rent
of the General Post Office which is kept under the same roof) one thou-
sand eight hundred dollars.
For compensation to the accountant to the War department, clerks
and persons employed in his office, six thousand four hundred and fifty
dollars.
. For contingent expenses in the office of the accountant to the War
For compensations to the following officers of the Mint: The 'Direc-
tor, two thousand dollars; the Treasurer, one thousand two hundred
dollars; the-Assayer, one thousand five hundred dollars; the Chief
Coiner, one thousand five hundred dollars; the Melter 'and Refiner, one

FOURTH CONGRESS. SEss. I. Cff. 1. 1796.
thousand five hundred dollars; the Engraver, one thousand two hundred Specifit ap-
propriations for
dollars; three clerks, at five hundred dollars each, one thousand five support of gov-
hundred dollars. ernment, for
For the purchase of copper for the use of the mint, thirteen thousand 1796. ,
dollars.
For defraying the expenses of labourers in the different branches of
refining, melting and coining at the mint, eight thousand dollars.
For the pay of mechanics employed in repairing and making machin-
ery for the mint, three thousand two hundred and sixty-four dollars.
For the purchase of ironmongery, lead, wood, coals, stationery, office-
furniture, and for other contingencies of the establishment of the mint,
eight thousand seven hundred dollars.
For making good deficiencies in the former appropriations for the
mint, to the end of the year one thousand seven hundred and ninety-five,
eighteen thousand three hundred dollars.
For compensations to the governors, secretaries and judges of the
territory northwest, and the territory south of the river Ohio, ten thou-
sand three hundred dollars.
For expenses of stationery, office-refit, printing, patents for lands, and
other contingent expenses in both the said territories, seven hundred
dollars.
For the payment of sundry pensions, granted by the late government, Pensions.
two thousand and seven dollars and seventy-three cents.
nel John Harding. and to the orphan children of Major Alexander True-
man, by the act of Congress of the twenty-seventh of February, one 1793, ch. 14.
thousand seven hundred and ninety-three, seven hundred and fifty dol-
lars.
the late Major General Mercer, by the act of Congress of the second of 1793, ch. 28.
March, one thousand seven hundred and ninety-three, four hundred
dollars.
account of the civil department, not otherwise provided for, as shall have
been ascertained and admitted in due course of settlement, at the trea-
sury, and which are of a nature, according to the usage thereof, to
require payment in specie, three thousand dollars.
SEc. 2. And be it further enacted,That for the support of lighthouses, For support of
beacons, buoys, and public piers, for the year one thousand seven hun- lighthouses, &c.
-dred and ninety-six; and to satisfy certain miscellaneous claims, stated
in the report of the Secretary of the Treasury, of the fourteenth of De-
cember last, there be appropriated a sum not exceeding thirty-seven
thousand six hundred and seventy-two dollars and nine cents, that is to
say:
For the maintenance and support of lighthouses, beacons, buoys, public
piers, and stakeage of channels, bars and shoals, twenty-four thousand
dollars.
To repay David Lenox, late marshal of the district of Pennsylvania,
for payments made, with the approbation of the judge of the said dis-
trict, to sundry persons, for summoning jurors to attend the district
court of Pennsylvania, upon the trial of sundry persons committed for
high treason, two hundred and fifty-six dollars and eighty-eight cents.
For the payment of a balance due to Lewis Pintard, agent for Ameri-
can prisoners in the city of New York, during the late war, four hundred
and twenty-nine dollars and twenty-one cents.
For the payment of a balance due to the representatives of Thomas
Smith, late commissioner of the loan office for the state of Pennsylvania,
nine thousand and eleven dollars and ninety-seven cents.
For the payment of a balance due to the representatives of Joseph

FOURTH CONGRESS. SEss. I. Cn. 2.4; 1796.
Specific ap. Clark, late commissioner of the loan office for the state of Rhode Island,
propriations for thusr hundred
.upport of gov- one thousand nine hundred and seventy-four dollars and three cents.
ernment, for For the discharge of such miscellaneous demands against the United
1796. States, other than those on account of the civil department, not other-
wise provided for, and which shall have been ascertained and admitted
in due course of-settlement at the treasury, and which are of a nature,
according 'to the usage thereof, to require payment in specie, two thou-
sand dollars.
SEc. 3. And be it further enacted, That the several appropriations
Ante, p. 138. herein before made, shall be paid and discharged out of the fund of six
hundred thousand dollars, reserved by the act "making provision for
the debt of the United States."
STATUTE I.
Feb. 19, 1796. CHAP. II.-Sn .&t further extending the time for-reeeivingon Loan the Domestic
[Obsolete.] Debt of the United States.
Act of March SECTION 1. Be it enacted by the Senate and House ofRepresentatives
3, 1797, ch. 25. of the United States of America in Congress assembled, That the term
Extension of
the term for in- for receiving on loan that part of the domestic debt of the United States,
ceiving on loan which has not been subscribed, in pursuance of the provisions heretofore
the domestic made by law for that purpose, be, and the same is hereby further
debt. extended, until the thirty-first day of December next, on the same terms
Ante, p. 138.and conditions, as are contained in the act, intituled "An act making
Proviso, provision for the debt of the United States :" Provided, That the books
for receiving the said subscriptions shall be opened only at the treasury
of the United States.
Reimburse- SEC. 2. And be it furtherenacted, That it shall be lawful to reimburse
ment ofpart of so much of the principal of the debt or stock, which may be subscribed,
the principal, pursuant to this act, as will make the reimbursement thereof equal in
proportion and degree, to that of the same stock subscribed antecedent to
the present year; and the said reimbursement shall be made at the expi-
ration of the quarter in which such debt or stock shall be subscribed,
and pursuant to the rules and conditions prescribed by the act, intituled
1795, ch. 45. " An act making further provision for the support of public credit, and
for the redemption of the public debt."
Provision for SEC. 3. And be it further enacted, That such of the creditors of the
the payment of
interest to non-United States, as have not subscribed, and shall not subscribe to the
subscribers, said loan, shall, nevertheless, receive, during the year one thousand
seven hundred and ninety-six, a rate per centum on the amount of such
of their demands as have been registered, or as shall be registered at the
treasury, conformably to the directions in the act, intituled " An act
Ante, p. 138. making provision for the debt of the United States," equal to the interest
which would be payable to them as subscribing creditors.
STATUTE I.
March 10, 1796. CHAP. IV.-n Set for allowing compensation to the members of the Senate and
[Obsolete.]
1,uise of Representatives of the United States, and to eertain officers of both Houses.
Allowance to SECTrON 1. Be it enacted by the Senate and House of Representatives
senators.
of the United States of America in Congress assembled, That at every
session of Congress, and at every meeting of the Senate in the recess of
Congress, from and after the third day of March in the present year,
each Senator shall be entitled to receive six dollars for every day he
shall attend the Senate; andshall also be allowed, at the commence-
ment and ,end of every such session and meeting, six dollars for every
twenty miles of the estimated distance, by the m9st usual road, from his
place of residence to the seat of Congress: And in case any member of

FOURTH CONGRESS., SEss. I. CH. 5. 1796.
the Senate shall be detained by sickness, on his journey to or from any

such session or meeting, or, after his arrival, shall be unable to attend
the Senate, he shall he entitled to the same daily allowance: Provided Proviso.
always, that no Senator shall be allowed a sum exceeding the rate of
six dollars per day, from the end of one such session or meeting, to the
time of his taking a seat in another.
SEc. 2. And be it further enacted, That at each session of Congress, Allowance to
each Representative shall be entitled to receive six dollars for every day Representa-
tives.
he shall attend the House of Representatives; and shall be allowed, at
the commencement and end of each session, six dollars for every twenty
miles of the estimated distance, by the most usual road, from his place
of residence to the seat of Congress: And in case any Representative
shall be detained by sickness, on his journey to or from the session of
Congress, or, after his arrival, shall be unable to attend the House of
Representatives, he shall be entitled to the daily allowance aforesaid;
and the Speaker of the House of Representatives shall be entitled to
receive, in addition to his compensation as a Representative, six dollars
for every day he shall attend the House: Provided always, That no Proviso.
Representative shall be allowed a sum exceeding the rate of six dollars 1812, oh. 127.
per day, from the end of one such session or meeting, to the time of his
taking a seat in another.
SEc. 3. And be it further enacted, That there shall be allowed to Allowance to
each chaplain of Congress at the rate of five hundred dollars per annum, the chaplains ;
during the session of Congress; to the Secretary of the Senate, and tb the Secretary
of' the Senate
Clerk of the House of Representatives, fifteen hundred dollars per and the Clerk of
annum, eatch, to commence from the time of their respective appoint- the House of"
ments; and also a further allowance of two dollars per day to each, Representa.
tires.
during the session of that branch, for which he officiates. And the said
Secretary and Clerk shall each be allhwed (when the President of the
Senate, or Speaker shall deem it necessary) to employ one principal To Clerks;
Clerk, who shall be paid three dollars per day, and two engrossing 1802, ch. 35.
Clerks, who shall be paid two dollars per day, each, during the session,
with the like compensations to such Clerks, respectively, while they
shall be necessarily employed in the recess.
SEc. 4. And be it further enacted, That there shall be allowed to the to the Sergeant-
Sergeant-at-arms, the sum of four dollars per day, during every session at-arms.
of Congress, and while employed on the business of the House.
SEc. 5. And be it further enacted, That the said compensation, How the said
which shall be due to the members and officers of the Senate, shall be corn pensations
shall be certi-
certified by the President; and that which shall be due to the members fied, &c.
and officers of the House of Representatives, shall be certified by the
Speaker; and the same shall be passed as public accounts, and paid out
of the public treasury.
STATUTE I.
C HAP. V.-Ann .t providing relief,for a limited time, in certain eases of invalid March 10, 1796.
.R~egisters.
[Obsolete.]
Be it enacted by the Senate and House of Representatives of the United Secretary of
States of America in Congress assembled, That the Secretary of the Treasury to al-
Treasury be, and he is hereby empowered, to allow to such vessels and low certain pri-
vileges in cases
their cargoes, whose registers have already, or that may, before the close or'invalid regis.
of the present session of Congress, become invalid, by reason of a non- ters on certain
compliance with the terms of the fifth section of the act "concerning conditions.
Ante, p. 287.
the registering and recording of ships or vessels," the same privileges
and benefits, they would have been entitled to, if no such invalidity had
taken place: Provided, it shall appear to him, that suoh non-compliance
did not proceed from wilful negligence or an intention of fraud: And
provided also, that a new register shall be obtained, in the manner pre-
VQL. I.-,57
2 P2

FOURTH CONGRESS. Snss. I. CH. 7, 8, .10. 1796.
scribed by law, for such vessels respectively, as may now be within the
United States, within ninety days from the passing of this act; and for
others, within the same time after their first arrival within the United
States.
STATUTE 1.
CHAP. V1L-dn .et making a partialappropriationfar he support of the Mili-
March 12, 1796. tary establishment, for the year one thousand seven hundred and ninety-six.
[Obsolete.]
Appropriation SECTION 1. Be it enacted by the Senate'andHouse of Representatives
forthe expense of the United States of America in Congress assembled, That the sum
of the military
establishment, of five hundred thousand dollars be, and the same is hereby appropriated
towards defraying the expenses of the military establishment, for the
year one thousand seven hundred and ninety-six.
Out of what SEC. 2. And be it further enacted, That the said sum shall be paid
funds payable. and discharged out of the funds following, to wit : First, the balance
which may remain unexpended of the sum of six hundred thousand dol-
Ante, p. 138. lars, reserved by the act " making provision for the debt of the United
States," after satisfying the appropriations made in the present session,
for the support of government: Secondly, the surplus of revenue and
income beyond the appropriations heretofore charged thereupon, to the
end of the year one thousand seven hundred and ninety-six.
STATUTE i
March 23, 1796. CHAP. VIII.-)Tn Set for the relief of certain officers and soldiers who have been
wounded or disabledin the actualservice rf the United States.
[Obsolete.3
Provision, for Be it enacted by the Senate and House of Representatives of the
persons wound- United States of America in Congress assembled, That every commis-
ed ordisabled in
the militia, and sioned, non-commissioned officer, private or musician, who -has been
for volunteers in wounded or disabled, while in the line of his duty, in actual service,
the like case. called out by authority of any law of the United States, while he be-
longed to the militia; or any volunteer not belonging to the militia, who
has been wounded or disabled, while in the line of his duty, in actual
service, as aforesaid, shall be placed on the list of invalids of the United
States, at such rate of pay, and under such regulations, as shall be
directed by the President of the United States for the time being: Pro-
Extent ofcom- vided, the rate of compensation for such wounds and disabilities shall
pensation to be never exceed for the highest disabilities, half the monthly lIay received
allowed.
by any commissioned officer, at the time of being so wounded or dis-
abled; and that the rate of compensation to non-commissioned officers,
privates and musicians, shall never exceed five dollars per month; and
that all inferior disabilities shall entitle the person so disabled, to receive
What persons only a sum in' proportion to the highest disability : And provided, that
this provision these provisions shall not be construed to extend to any person wounded
extends to.
or disabled, before the fourth of March, one thousand seven hundred
and eighty-nine, nor to any person wounded or disabled since that time,
Application to who has made application for a pension, under any existing law of the
be made within United States, and has been denied, or admitted on the pension list:
one year after
the end of the And provided, that all applications herein shall be made within one year
session. after the end of the present session of Congress.
STATUTE I.
March31, 1796. CHAP. X.-S.'n .lt making certainprovisions in regard to the tircuit Court, for
the district of North Carolina.
WHEREAS a sufficient quorum of judges did not attend to hold the
circuit court, for the district of North Carolina, for the puarpose of coing

FOURTH CONGRESS. SEss. 1. C. 11. 1796.
business in June term, one thousand seven hundred and ninety-five; and
no judge attended to hold the said court in November term, in the same
year: in consequence whereof, certain provisions are now become ne-
cessary and expedient to prevent a failure of justice in'the said court:
SECTION 1. Be it therefore nacted by the Senate and House of Repre-
sentatives of the United States of America in Congress assembled, ofDistrict judge
N. Carolina
That it shall and may be lawful, for the district judge of the state of may order cer-
tain process for
North Carolina, to direct the clerk of the said court, to issue such pro- a jury to attend
cess for the purpose of causing persons to be summoned to serve as jury- the circuit court
at the next June
men at the said court, at the term to commence the first day of June term.
next, as has been before issued by the clerk of the said court for the
like purpose returnable to June term, one thousand seven hundred and
ninety-five; that the persons ordered by the said process to be sum-
moned for the said purpose, shall be ordered to be summoned in the
same proportion and from the same counties, as those persons who were
ordered to be summoned for the like purpose by process returnable at
June term, one thousand seven hundred and ninety-five: Provided,that
it shall appear expedieit to the said district judge, that a different time
of notice shall be prescribed, than that hitherto prescribed, he may cause
such other time of notice to be directed to -be given as to him shall Different time
appear most conducive to justice, and conveniejit to the persons to be of notice may be
given to jurors.
spinmoned: and the marshal is hereby directed to execute the said pro-
cess so to be issued, and the persons who shall be legally summoned to
attend as jurymen in consequence thereof, are hereby required to attend
the said court,,under the like penalties for disobedience as if the said
process had been ordered to be issued by the said court in the ordinary
method of proceeding: And the marshal and the persons who shall
attend as jurymen in virtue of the said process so to be issued, shall be
entitled to the like allowances for their services respectively.
SEC. 2. And be it further enacted, That all suits and proceedings, of No discontin-
what nature or kind soever, which have been commenced in the said uance on ac-
count of the
court and not finished, shall be proceeded on at the ensuing term, in court not having
the same manner and to the same effect, as if the said circuit court had been held.
been regularly held for the purpose of business in June and November
terms, one thousand seven hundred and ninety-five, and continuances
had been regularly entered of all suits and proceedings in either or both
of the said terms, in which they were depending, in the usual manner
of proceeding, as the case might be.
SEc. 3. And be it further enacted, That all writs and other process Process tested
sued out of the clerk's office of the said circuit court, according to the in certain terms
accustomed method bearing test in November term, one thousand seven to be neverthe-
less valid.
hundred and ninety-four; June term, one thousand seven hundred and
ninety-five, or November term, one thousand seven hundred and ninety-
five, shall be held and deemed of the same validity and effect as if the
respective terms of June and November, one thousand seven hundred
and ninety-five, had been regularly held by a judge or judges competent
to do business and continuances in respect to writs or other process
returnable to the two last mentioned terms had been regularly entered.
STATUTE I.
CHAP. XI.-In gct to continue in force ',,In act to ascertain the fees in .ddmi-
rally proceedings in the District Ours of the United States, andfor other March 31,1796.
purposes." [Expired.]
Be it enactedby tihe Senate and House of Representatives of the United March 1, 1793,
ch. 20.
States of America in Congress assembled, That the act, intituled "An act Continued in
to ascertain the fees in admiralty proceedings in the district courts of force two years,
the United States, and for other purposes," be, and is hereby continued
in force, for the term of two years from thepassing of this act, and frem

FOURTH CONGRESS. SEss. L C. 12, 13. 1796.
thence to the end of the next session of Congress thereafter, and no
longer.
STATUTE I.
CHAP. XII.-n . ct authorizing the erection f a Lighhouse oan
Baker's Island,
April 8, 1796. in the state ifMassachusetls.
Secretary of Be it enacted by the Senate and House of Representatives of the

the Treasury to United States of America in Congress assembled, That the Secretary
provide by con-
tract for build- of the Treasury be, and he is hereby authorized and directed, to provide
ing a lighthouse by contract, which shall be approved by the President of the United
on Baker's Is- States, for building a lighthouse on Baker's Island, near the entrance
land.
into the harbor of Salem and Beverly, in the state of Massachusetts,
(as soon as a cession of the jurisdiction, to the United States, over the
land proper for the purpose, is made by the said state) and to furnish
the same with all necessary supplies. And also,.to agree for the salaries,
or wages, of the person or persons, who may be appointed by the Pre-
sident, for the superintendence and care of the same; and that the
President be authorized to make the said appointments: That the num-
ber or disposition of the light or lights, in the said lighthouse, be such,
as may tend to distinguish it from others, as far as is practicable: And
Appr6priation that six thousand dollars be appropriated for the same, out of any monies
therefor. not otherwise appropriated,
STATUTE I.
April 18, 1796. CHAP. XIHI.-.dn .det for establishing Trading Houses with the Indian Tribes.
SECTION 1. Be it enacted by the Senate and House of Representatives
1793, ch. 19. the United
of States of America in Congress assmbled, That it shall
President to
establish trading be lawful for the President of the United States, to establish trading
houses, houses at such posts and places on the western and southern frontiers,
or in the Indian country, as he shall judge most convenient for the pur-
1806, ch. 48. pose of carrying on a liberal trade with the several Indian nations, within
the limits of the United States.
and appoint SEC. 2. And be it further enacted, That the President be authorized
agents for them, to appoint an agent for each trading house established, whose duty it
shall be, to receive, and dispose of, in trade, with the Indian nations
their duties, afore-mentioned, such goods as he shall be directed by the President of
the United States to receive and dispose of, as aforesaid, according to
the rules and orders which the President shall prescribe; and every such
and oath, agent shall take an oath or affirmationj faithfully to execute the trust
committed to him; and that he will not, directly or indirectly, be con-
cerned or interested in any trade, commerce or barter, with any Indian
To give bond. or Indians whatever, but on the public account; and shall also give bond,
with sufficient security, in such sum as the President of the United States
shall direct, truly and honestly to account for all the money, goods and
other property whatever, which shall come into his hands, or for which,
in good faith, he ought so to account, and to perform all the duties
Accounts to required of him by this act: And his accounts shall be made up half-
be made up half- yearly, and transmitted to the Secretary of the Treasury of the United
yearly. States.
Agents, clerks,
&c. not to car- SEC. 3. And be it further enacted, That the agents, their clerks, or
ry on trade but other persons employed by them, shall not be, directly or indirectly,
on account
the Dfnited of concerned or interested in carrying on the business of trade or com-
States, nor take merce, on their own, or any other than the public account, or take, or
other emolu- apply to his or their own use, any emolument or gain for negotiating or
ment than such transacting any business or trade, during their agency or employment,
as is provided
by this act. other than is provided by this act. And if any such person shall offend

FOURTH CONGRESS. Sass. I. CH. 14. 1796.
against any of the prohibitions aforesaid, he or they shall be deemed Penalty.

guilty of a misdemeanor, and shall, upon conviction thereof, forfeit to
the United States, a sum not exceeding one thousand dollars, and shall
be removed from such agency or employment, and forever thereafter be Half of the
.incapable of holding any office under the United States: Provided,That penalty to be for
if any other person, than a public prosecutor, shall give information of theus.oth
thruse, of
informer, if hethe
is
any such offence, upon which a prosecution and conviction shall be had, not a public
one half the aforesaid penalty, when received, shall be for the use of the prosecutor.
person giving such information.
SEC. 4. And be it further enacted, That the prices of the goods. sup- Prices of
plied to, and to be paid for by the Indians, shall be regulated iniuch goods how to be
manner, that the capital stock furnished by the United States may not regulated.
be diminished.
SEC. 5. Be it further enacted, That during the ,continuance of Pay and allow-
this act, the President of the United States be, and he is hereby autho- ance to agents
rized to draw annually from the treasury of the United States, a sum and clerks.
not exceeding eight thousand dollars, to be applied, under his direction,
for the purpose of paying the agents and clerks; which agents shall be
allowed to draw out of the public supplies, two rations each, and each
clerk one ration per day.
Szc. 6. And be it further enacted, That one hundred and fifty thou- Appropriation
sand dollars, exclusive of the allowances to agents and clerks, be and for
with the
thetrade
In.
they are hereby appropriated for the purpose of carrying on trade and dians.
intercourse with the Indian nations, in the manner aforementioned, to
be paid out of any monies unappropriated in the treasury of the United
States.
SEC. 7. And be it further enacted, That if any agent or agents, their Penalty of
clerks, or other persons employed by them, shall purchase, or receive of agents, clerks,
&c. puirehasing
any Indian, in the way of trade or barter, a gun or other article com- certain articles
monly used in hunting; any instrument of husbandry, or cooking uten- from the In-
sil, of the kind usually obtained by Indians in their intercourse with dians.
white people; any article of clothing (excepting skins or furs) he or
they shall, respectively, forfeit the sum of one hundred dollars for each
offence, to he recovered by action of debt, in the name, and to the use
of the United States, in any court of law of the United States, or of any
particular state having jurisdiction in like cases, or in the supreme or
superior courts of the territories of the United States: Provided, that Suit therefor
no suit shall be commenced except in the state or territory within which where to be
commenced.
the cause of action shall have arisen, or the defendant may reside.: And Duty hereinof
it shall be the duty of the superintendents of Indian affairs and their superintendents
deputies, respectively, to whom information of every such offence shall ofIndian aifairs.
be given, to collect the requisite evidence, if attainable, and to prosecute
the offender, without delay.
SEc. 8. And be it further enacted, That this act shall be in force for Limitation of
the term of two years, and to the end of the next session of Congress this act.
thereafter, and no longer. 1802, ch. 39.
APPROVED, April 18, 1796. 1803, ch. 14.
STATUTE I.
CRAP. XIV.-.n .et supplementary to an act entitled ",2n act to provide a April 20, 1796.
Naval Armament." (Obsolete.)
SECTION 1. Be it enacted by the Senate; and House of Representa- Act of March
tises of the United States of America in Congress assembled, That the 27, 1794, ch. 12.
President of the United States be authorized to continue the construe- President to
tion and equipment (with all convenient expedition) of two frigates of continue the
forty-four, and one frigate ofthirty-six guns, any thing in the act, entitled and equ pment
An act to provide a naval armament," to the contrary notwithstanding. of three frigates.
SEc. 2. And be it further enacted, That so much of the sum of six Ante, p. 394,
hundred and eighty-eight thousand eight hundred and eighty-eight dol-

FOURTH CONGRESS. SEss. I. CH. 15. 1796.
Appropriation lars and eighty-two cents, which, by the act of June the ninth, one thou-
therefor. sand seven hundred and ninety-four, was appropriated (to defray the
expenses to be incurred pursuant to the act to provide a naval armament)
as remains unexpended, as well as the sum of eighty thousand dollars
which was appropriated for a provisional equipment of gallies, by the
before recited act, be appropriated for the said purposes.
Certain mate- SEC. 3. And be it further enacted, That the President of the United
riais to be sold : States be, and he is hereby authorized, to cause to be sold, such part of
the perishable materials as may not be wanted for completing th6 three
others tobepre- frigates, and to cause the surplus of the other materials to be safely kept
served, for the future use of the United States.
STATUTE I.
April 20, 1196. CHAP. XV.-dn . ct authorizing and directing the Secretary at War to place cer-
tain Persons, therein named, on the Pension List.
lObsolete.] SECTION 1. Be it enacted by the Senate and House of Representatives
Secretary at in ogsassembled, That the S
War to place of the United States of America i ongress ecre-
certain persons tary for the department of War be, and he is hereby directed, to place
on the list of in- upon the list of invalid pensioners of the United States, the persons herein
valid pensioners
at certain rates, after named, who have been returned, as such, by the judges of the seve-
ral districts, pursuant to the act of Congress, passed the twenty~eighth day
of February, one thousand seven hundred and ninety-three, intituled
1793, ch. 17. " An act to regulate the claims to invalid pensions," at the rates and
proportions annexed to the names of the said persons, respectively; that.
is to say:
Pensioners and Of the district of Maine: Daniel Brawn, a private, two thirds of a
their rates, pension; John Knowles, a private, one third of a pension: Ebenezer
Phinney, a private, one fourth of a pension.
Of the district of New Hampshire: Jonas Adams, a private, one third of
a pension; Andrew Aiken, a sergeant major, three fourths of a pension;
Caleb Aldrish, a sergeant, a full pension; Caleb Austin, a private, one third
of a pension; John Barter, a sergeant, half a pension; Archelaus Batchel-
dor, a sergeant, half a pension; Ebenezer Bean, a private, one third of a
pension; Job Briton, a private, one third of a pension; Ebenezer Carleton,
a private, three fourths of a pension; Levi Chubbock, a fifer, one fourth
'of a pension; Edward Clark, a sergeant, one fourth of a pension; Morrell
Coburn, a private, one fourth of a pension; Richard Colony, a private,
half a pension; Ebenezer Copp, a sergeant, a full pension; James
Crombie, a lieutenant, a full pension; William Curtis, a private, half a
pension; Henry Danforth, a private, half a pension; James Dean, a
private, one fourth of a pension; Lemuel Dean, a private, half a pen-
sion; Thomas Eastman, a private, three fourths of a pension; Ebenezer
Fletcher, a fifer, one fourth of a pension; James Ford, a captain, half a
pension; Stephen Fuller, a private, one third of a pension; Moses
Sweat George, a private, half a pension; Joshua Gilman, a private, two
thirds of a pension; Windsor Gleason, a private, one fourth of a pen-
sion ; Joseph Greely, a private, one fourth of a pension; Joseph Green,
a private, half a pension; Joshua Haynes, a private, half a pension;
Joseph Hilton, a lieutenant, half a pension; Nathan Holt, a private, one
fourth of a pension; Jonathan Holten, a lieutenant, half a pension;
Caleb Hunt, a private, half a pension; Humphrey Hunt, a private, one
fourth of a pension ; Charles Huntoon, junior, a private, one third of a
pension; Zadock Hurd, a private, one third of a pension; Ebenezer
Jennings, a sergeant, one fourth of a pension; Peter Johnson, a private,
one fourth of a pension; Thomas Kimball, a private, one fifth of a pen-
sion: Abraham Kimball, a private, half a pension; Benjamin Knight, a
sergeant, one third of a pension ; John Knight. a private, half a pension;
Jonathan Lake, a corpcral, half a pension; John Lapish, a private, one

FOURTH CONGRESS. S]Ss.. 1:Ck. i5. 1796. 455
fourth of a pension; Nathaniel Leayitt, a corporal, half a pension; John Pensioners and
Lincoln, a private, one fourth of a pension; Joshua Lovejoy, a sergeant, their rates.
half a pension; William Lowell, a sergeant, three fourths of a pension;
Jonathan Margery, a private, two thirds of a pension; James Moore, a
private, a full pension; Samuel Morrell, a private, two fifths of a pension;
Joseph Moss, a private, two thirds of a pension; Jotham Nute, a ser-
geant, half a pension; Phinehas Parkhurst, a fifer, a full pension ; Amos
Pierce, a lieutenant, one third of a pension; Silas. Pierce, a lieutenant,
half a pension; Joel Porter, a private, one fourth of a pension; Samuel
Potter, a sergeatt, half a pension; Thomas Pratt, a private, half a pen-
sion; Jeremiah Pritchard, a lieutenant, half a pension; Asa Putney, a
sergeant, half a pension; Charles Rice, a private, half a pension; John
Smith, a sergeant, half a pension; Samuel Stocker, a private, halfa pen-
sion; William Taggart, an ensign, half a pension; Eliphalet Taylor, a
private, one third of a pension; Ebenezer Tinkham, a private, one third
of a pension; John Varnum, a private, half a pension; Edward Waldo, a
lieutenant, two thirds of a pension; Weymouth Wallace, a private, half
a pension; Josiah Walton, a private, one third of a pension.; Jacob
Wellman, junior, a private, one fourth of a pension; Francis Whitcomb,
a private, one third of a pension; Robert B. Wilkins, a private, two
thirds of a pension; Jonathan Willard, an ensign, one fourth of a pen-
sion; Seth Wyman, a private, one fourth of a pension.
Of the district of Massachusetts: Thomas Alexander, a captain, half
a pension; Ephraim Bailey, a private, half a pension; Robert Bancroft,
a private, one sixth of a pension; James Batcheldor, a private, one
fourth of a pension; James Campbell, a private, one fourth of a pension;
Caleb Chadwick, a private, one fourth of a pension; Barnabas Chap-
man, a private, one third of a pension; Richard Chase, a private, half
a pension; Joseph Coxe, a sergeant, two thirds of a pension; Thomas
Crowell, a private, a full pension; Levi Farnsworth, a private, half a
pension; Benjamin Farnum, a captain, one third ofa pension; Moses
Fitch, a private, one fifth of a pension; Frederick Follett, a private,
half a pension; Joseph Frost, a private, one eighth of a pension; Uriah
Goodwin, a private, one fourth of a pension; Joseph Hale, a private,
half a pension; Gamaliel Handy, a private, two thirds of a pension;
Peter Ilemenway, a private, half a pension; Jesse Holt, a corporal, one
eighth of a pension; Job Lane, a private, half a pension; Ebenezer
Learned, a colonel, one fourth of a pension; Moses M'Farland, a cap-
tain, one third of a pension; Hugh Maxwell, a captain, one eighth of a
pension; John Maynard, a lieutenant, one tenth of a pension; Tilley
Mead, a private, one fourth of a pension; Elisha Munsell, a private, half
a pension; John Nixon, a colonel, one third of a pension; Timothy
Northan, a private, one third of a pension; Joseph Peabody, a private,
one third of a pension ; Amos Pearson, a sergeant, one fifth of a pen-
sion ; Abner Pier, a private, half a pension; Job Priest, an ensign, one
third of a pension; Amasa Scott, a private, one fourth of a pension;
.Robert Smith, a private, two thirds of a pension; Silvanus Snow, a
private, one third of a pension ; Cesar Sprague, a private, half a pension;
Samuel Warner, a private, half a pensiou; William Warren, a lieutenant,
one third of a pension; Samuel Willington, a private, half a pension;
Nahum Wright, a sergeant, one eighth of a pension.
Of the district of Rhode Island: Clark Albro, a private, one fourth
of a pension; John Baggs, junior, a sergeant, one third of a pension;
Robert Cars, a private, half a pension; Jonathan Davenport, a private,
one twenty-fourth of a pension ; Nathan Jaquays, a private, one third
of a pension; William Lunt, a private, half a pension; George Popple,
a sergeant, one eighth of a pension; Job Snell, a private, one fourth of
a pension; Edward Vose, a sergeant, one sixth of a pension.
Of the district of Connecticut: Theodore Andrus, a private, a full

456 FOURTH CONGRESS. Sass. L,Ci. 15. 1796.
Pensioners and pension; Samuel Andrus, a corporal, half a pension; William Bailey, a
their rates, private, one fourth of a pension; Robert Bailey, a private, one fourth
of a pension; Job Bartram, a captain, half a pension ; Francis Baxter,
a private, three fourths of a pension; Enos Blakesly, a private, a full
pension; David Blackman, a private, two thirds of a pension; Elijah
Boardman, a sergeant, three fourths of a pension; Jonathan Bowers, a
corporal, half a pension; Aner Bradley, a sergeant, half a pension;
Jedediah Brown, a sergeant, one fourth of a pension; Isaac Buel, a
private, one third of a pension; Oliver Burnham, a sergeant, one
fourth of a pension; William Burritt, a private, one fourth of a pen-
sion; John Chappell, a private, one third of a pension; Elisha Clark,
a private, one fourth of a pension ; Jonah Cook, a private, half a pen-
sion; Henry Cone, a private, one fourth of a pension; Simon Crosby, a
private, half a pension; Prince Dennison, a private, half a pension;
Israel Dibble, a private, one third of a pension; Gershom Dorman, a
private, one third of a pengion; Joseph Dunbar, a corporal, three fourths
of a pension; Henry Filmore, a private, half a pension ; Samuel French,
a private, half a pension ; Burr Gilbert, a corporal, two thirds of a pen-
sion; David Hall, junior, a sergeant, half a pension; Nathan Hawley, a
corporal, one third of a pension; Daniel Hewitt, a sergeant, one third
of a pension ; Isaac Higgins, a private, half a pension ; Thurston Hil-
liard, a private, one third of a pension; Thomas Hobby, a major, half a
pension ; John Horseford, a private, one eighth of a pension; Benjamin
Llowd, a private, three fourths of A pension ; Elijah Hoyt, a private, half
a pension; David Hubbel, a private, half a pension ; Enock Jacobs, a
private, three fourths of a pension ; Robert Jeroin, a fifer, one fourth of
a pension; Aaron Kelsey, a lieutenant, one fourth of a pension; Lee
Lay, a captain, one sixth of a pension; John Ledyard, a private, thlee
fourths of a pension; William Leeds, a lieutenant, half a pension; Na-
both Lewis, a private, two thirds of a pension; Nathaniel Lewis, a pri-
vate, one fourth of a pension; George Lord, a private; half a pension ;
Samuel Loomis, a corporal, one fourth of a pension; Jereiniiah Mark-
ham, a sergeant, half a pension; Allyn Marsh, a corporal, half a pension;
Josiah Merryman, a corporal, two thirds of a pension; Stephen Minor,
a quarter gunner, half a pension ; Justus Munn, a private, half a pen-
sion ; Elnaihan Norton, a private, three fourths of a pension; Joseph
Otis, a private, half a pension; Thomas Parmelee, a sergeant, one eighth
of a pension; Chandler Pardie, a private, seven eighths of a pension;
Frederick Platt, a private, one third of a pension; Daniel Preston, a
private, one third of a pension ; David Ranney, a private, three fourths
of a pension; Solomon Reynolds, a private, two thirds of a pension;
Isaac Richards, a private, one third of a pension; Samuel Rossetter, a
private, half a pension ; Elijah Royce, a private, three fourths of a pen-
sion ; Elihu Sabin, a private, half a pension; Samuel Sawyer, a private,
half a pension ; Nathaniel Scribner, a captain, one fourth of a pension ;
Thomas Shepherd, a private, one fourth of a pension; Amos Skeel, a
private, one third of a pension; Heber Smith, a sergeant, half a pen-
sion; Aaron Smith, a private, one fourth of a pension; Edmund Smith,
a private, half a pension; Josiah Spalding, a lieutenant, half a pension ;
Samuel Stilhman, a private, half a pension; Benjamin Sturges, a pri-
vate, one sixth of a pension; Enock Turner, junior, a private, two thirds
of a pension ; Richard Watrous, a private, three fourths of a pension ;
Stephen Wells, a lieutenant, half a pension; Jonathan Whaley, a pri-
vtte; one fourth of a pension; Ezra Willcox, a private, one fourth of a
pension; Azel Woodworth, a private, three fourths of a pension.
Of the district of Vermont: Elijah Barnes, a private, one fourth of a
pension ; Elijah Bennett, a private, half a pension; Gideon Brownson, a
major, a fll pension ; Thomas Brush, a private, one fourth of a pension ;
David Brydia, a private, half a pension ; Nathan Burr, a private, half a

FOURTH CONGRESS. SESS. I. CH. 15.' 1796.
pension; James Campbell, a private, half a pension; Oliver Darling, a Pensioners and
private, five eighths of a pension; Samuel gyres, a. private, one fourth their rates.
of a pension; Asa Gould, a private, half a pension; Benjamin Gould, a
private, half a pension ; Amasa Grover, a private, one third of a pen-
sion ; William Hazeltine, a private, half a pension; Jonathan Haynes,
a private, two thirds ofa pension ; Zimri Hill, a private, half a pension;
William Hunt, a private, half a pension; Elijah Knight, a private, one
fourth of a pension; Ebenezer MIlvain, a private, half a pension;
William Martin, a private, two thirds of a pension; Pliny Pomeroy, a
private, four fifths of a pension; Moses Saunderson, a private, two thirds
of a pension; John Stark, a captain, one fourth of a pension ; Thomas
Torrance, a private, half a pension; Benjamin Tower, a private, two
thirds of a pension; William Waterman, a private, one third of a pen-
sion; John Wilson, a sergeant, one third of a pension.
Of the district of New York: Thomas Baldwin, a sergeant, half a
pension ; Abraham Blauvelt, a private, a full pension ; Thomas Brooks,
a private, three fourths of a pensioyi; Duncan Campbell, a lieutenant,
half a pension; William Champenois, a private, three fourths of a pen-
sion; Russell Chappell, a private, half a pension; Jeremiah Everett, a
private, half a pension; Stimuel Miller, a private, a full pension; Jared
Palmer, a sergeant, half a pension; Stephen Powell, a private, one six-
teenth of a pension ; John Rogers, a privatehalf a pension; William
Smith Scudder, a private, half a pension ; James Slater, a private, half
a pension ; John Utters, a private, three fourths of a pension; John
Vaughan, a sergeant,'one fourth of a pension; Asa Virgil, a private,
one fourth of a pension.
Of the district of New Jersey: William Crane, a lieutenant, a full
pension; William Oliver, a lieutenant, two. thirds of a pension; Joel
Phelps, a private, half a pension; Samuel Taylor, a corporal, two thirds
of a pension.
Of the district of Pennsylvania: John Cardiffe, a private, a full pen-
sion; Josiah Conckliog, a private, half a pension; William Dewitt, a
private, half a pension; Thois Eagan, a matross, half a pension;
Jacob Fox, a private, one third of a pension; Alexander Garrett, a pri-
vate, three fo6rths of a pension; Samuel Gilman (alias Gilmore,) a pri-
vate, half a pension; Adam Godenberger, a private, one fourth of a
pension; John Haley, a corporal, three fourths of a pension; David
Hickey, a private, a full pension ; Lawrence Hippie, a private, half a
pension ; Nathaniel Hubble, a major, two thirds of a pension; Philip
Lauer, a sergeant, one fourth of a pension ; Charles M'Cormick, a pri-
vate, a fuill pension ; William M'Hatton, a lieutenant, a full pension;
Michael Orner, a private, one fourth of a pension; Griffith Rees, a pri-
vate, half a pension ; Thomas Richart, a private,'a full pension ; Edward
Wade, a private, half a pension; Thaddeus Williams, a private, one
fourth of a pension : John Wright, a sergeant, half a pension.
Of the district of Delaware: Donald M'Donald, a corporal, a full pen-
sion.
Of the district of Maryland: John Bean, a private, half a pension;
William Ormond, a private, three fourths of a pension.
Of the district of Virginia : John Bell, a lieutenant, three fourths of
a pension ; David Welch, a private, a full pension.
Of the district of Kentucky : James Speed, a lieutenant, a full pen-
sion.
Of the district of North Carolina: John Benton, a private, a full
pension; George Bledsoe, a private, a full pension; Thomas Chiles, a
captain, two thirds of a pension ; James Christian, a private, half a pen-
sion; Roiert Harris, a private, a full pension ; John K-iowles, a private,
two thirds of a pension; James Sinith, a private, a full pnsion.
SEc. 2. And be it further enacted, That the pensions allowed by this
VOL. 1.-58 2 0()

458 FOURTH (ONGRESS. SEss. I. Cii. 16. 1796,
These pen- act, shall be estimated in manner following; that is to say: A full pen-
sions how to be sion to a commissioned officer shall be considered, the one half of his
estimated, monthly pay, as by law established; and the proportions less than a full
pension shall be the like proportions of half pay: And a full pension to
a non-commissioned officer or private soldier, shall be five dollars per
month; and the proportions less than a full pension, shall be the like
proportions of five dollars per month: Provided, That every commis-
Return ofcom. sioned officer who shall, by virtue of this act, be placed on the pension
mutation, list, as entitled to a sum less than a full pension, shall receive such pen-
sion, only upon compliance with the same rule respecting a return of
the commutation, which he may have received, as is provided for, in the
1791, ch. 2. case of captain David Cook, by an act of Congress, passed December
the sixteenth, one thousand seven hundred and ninety-one..
These pen. SEC. 3. And be.it further enacted, That the pensioners aforesaid shall
sions how to be be paid in the same manner as invalil pensioners are paid, who have
paid. heretofore been placed on the list of pensioners of the United States,
under such restrictions and regulations, in all respects, as are prescribed
by the laws of the United States, in such cases provided.
STATUTE I.
April 2S, 1796. CHAP. XVr.-.dn dct in addition to an act instiuled "./n act making further
provision for the supyort of Public Credit, and jbr the redemption of the Public
[Obsolete.] Debt."
Commissioners SECTION 1. Be it enacted by the Senate and House of Representatives
of the sinking of the United States of America in Congress assembled, That it shall
fund to pay the
funded stock be lawful for the commissioners of the sinking fund, and they are hereby
bearing an in- required, to cause the funded stock of the United States bearing a present
terest of six per interest of six per centur per annum, to be reimbursed and paid, in man-
cent, by divi-
dends. ner fillowing, to wit: First, by dividends to be made on the last
days of
Ante, p. 433. March, June and September for the present year, and from the year one
thousand seven hundred and ninety-seven, to the year one thousand eight
hundred and eighteen inclusive, at the rate of one and one half per
centum upon the original capital. Secondly, by dividends to be made
on the last day of December for the present year, and from the year one
thousand seven hundred and ninety-seven, to the year onm thousand eight
hundred and seventeen inclusive, at the rate of three and one half per
centum upon the original capital; and by a dividend to be made on the
last day of December, in the year one thousand eight hundred and
eighteen, of such a sum, as will be then adequate, according to the con-
tract, for the final redemption of the said stock.
The funded SEC. 2. And be it further enacted, That it shall be lawful for the said
debt, the inter, commissioners of the sinkingfund, and they are hereby required, to cause
estof which is
deferred, also the funded debt of the United States, upon which an interest of six per
by dividends; centum per annum will commence on the first day of January, in the year
one thousand eight hundred and one, to be reimbursed and paid, in
manner following, to wit: First, by dividends to be made on the last
days of March, June and September, from the year one thousand eight
hundred and one, to the year one thousand eight hundred and twenty-
four, inclusively, af the rate of one and one half per centum upon the
original capital: Secondly, by dividends to be made on the last day of
December, from the year one thousand eight hundred and one, to the
year one thousand eight hundred and twenty-three, inclusively, at the
rate of three and one half per centum upon the original capital: and by
a dividend to be made on the last day of December, in the year one
thousand eight hundred and twenty-four, of such asum, as will be then
adequate, according to the contract, for the final redemption of the said
stock.
SFc. 3. And be it f!rther"enaeted, That it sliall. b lawful for tIe

FOURTH CONGRESS. SEss. I. CH.! 17, 18. 1796.
said commissioners of the sinking fund, and they are hereby required, to And certain
cause to be reimbursed and paid in manner before prescribed, such sura sums of balan-
ces of funded
and sums, as, according to the right for that purpose reserved, may right- debt or stock,
fully be paid for and towards the-reimbursement or redemption of all standing to the
such balances of the funded debt or stock of the United States, bearing credit ofeertain
in like
a present interest of six per centur per annum, or which will bear a like states,
manner.
interest, fiom and after the first day of January, in the year one thou-
sand eight hundred and one, as stand to the credit of certain states, in Ante, p. 371.
consequence of an act passed on the thirty-first day of May, in the year
one thousand seven hundred and ninety-four; and with the consent of
the said states, such additional sums, as will render the reimbursement of
the said balances equal to that made upon the residue of the said stock,
at the commencement of the present year.
Sac. 4. And be it further enacted, That, in addition to the sums Appropriation
already appropriated to the sinking fund, by the act, intituled " An act fir the payment
of said balances
making further provision for the support of public credit, and for the standing to the
redemption of the public debt," there shall be, and is hereby, in like. credit of certain
manner, appropriated to the said fund, such a sum of the duties on goods, states.
wares and merchandise imported on the tonnage of ships and vessels, 1795, ch. 45.
and on spirits distilled in the United States and on stills, as, with the
monies, which now constitute the sinking fund, and shall accrue to it, in
virtue of the provisions already made by law, and the interest upon the
sums which shall be annually reimbursed, will be sufficient, yearly and
every year, to reimburse and pay the said balances standing to the credit
of certain states, in the manner herein before prescribed and directed.
SEC. 5. And be it further enacted, That it shall be lawful for the The commis-
commissioners of the sinking fund, to appoint a secretary, whose duty sioners may ap-
point a secre.
it shall be, to record and preserve their proceedings and documents, and tary.
to certify copies thereof, when thereunto duly required; and the said
secretary shall be allowed a compensation not exceeding two hundred His compen-
and fifty dollars, annually, for his services. sation.
STATUTE I.
CHAP.XVII.-3n Act making an Appropriation towards defraying the Expenses May 6, 1796.
wkich may arise in carrying into effect the Trea!y of Amity, Commerce and
Navigation, made between tf/e United Stales and the King of Great Britain. [Obsol ete.]
Be it enacted by the Senate and Itouse of Representatives of the Appropriation
United States of America in C'ongress assembled, That towards defray- towards defi'ay-
ing the expen-
ing the expenses which may arise in carrying into effect the treaty of ses of carrying
amity, commerce and navigation, made between the United States and the treaty of
the king of Great Britain, there be appropriated a sum not exceeding amity, com-
merce, &c. lbe.
eighty thousand eight hundred and eight dollars, to be paid out of the tween the ni.
duties on impost and tonnage, to the end of the present year, not already ted ttes nd
Great Britain,
appropriated; Provided, that the compensations to be allowed to any iato effect.
of the commissioners appointed, or to be appointed, in pursuance of any
article of the said treaty, shall not exceed, to those who shall serve in
Great Britain, the rate of six thousand six hundred and sixty-seven Limitation of
dollars and fifty cents, per annum; and to those who shall serve in the the commission.
United States, the rate of four thousand four hundred and forty-five ers' compensa-
tion.
dollars, per annum.
STATUTE I.
CHAP. XVIU.-. n Act making an appropriationfor defraying the e.xpenses May 6, 1796.
which may arise in carrying into effect the Treaty made between the United
States and the King of Spain.
[Obsolete.]
Be it enacted by the Senate and House of Representatieesof the United Appropifatili
for the expenses
States of America in Congress assembled, That for the purpose of defray-

FOURTH CONGRESS.: SEss. I. Cft. 19, 20. '1796.
ot carrying into ing the expenses which may arise in carrying into effect, the treaty made
effect the treaty
made between betw'een the United States and the king of Spain, a sum not exceeding
the United eighteen thousand six hundred and eighty-three dollars, be, and the same
States and the hereby is appropriated, to be satisfied from the duties of impost and ton-
king of Spain.
nage, to the end of the present year, not heretofbre appropriated: -Pro-
Limitation of vided, That the compensation to be allowed to any of the commissioners,
thecommission- to be appointed in pursuance of any article of the said treaty, shall not
ers' compensa- exceed the rate of three thousand five hundred dollars, per annum.
tion.
STATUTE 1.
May 6, 1796. CHAP. XIX.-n qct making an appropriationfor defraying the expenses which
may arise in carrying into effect the Treaty made between the United Staltes and
the Dey and Regency of Jigiers.
[Obsolete.]
$24,000 per an- Be it enacted by the Senate and House of Representatives of the
num appropria. United States of America in Congress assembled, That for the purpose
led for the pay.
ment of' the an- of defraying the expenses of carrying into effect the treaty made between
nuity to the Dey the United States and the Dey and Regency of Algiers, the monies aris-
and Regency of ing under the revenue laws of the United States, which have been here-
AJ er,.
tofore passed, not already appropriated to any other purpose, or so much
thereof as may be necessary, to the amount of twenty-four thousand dol-
lars per annum, be, and the same are hereby pledged and appropriated
fbr the payment of the aimuity stipulated in the said treaty, to be paid to
the said Dey and Regency of Algiers, and to continue so pledged and
appropriated, so long as the said treaty shall be in force,
STATUTE 1.
May 6, 1796. CHAP. XX.-An Ret making 3ppropriatirnsfor defraying the Expenses which
may arise in carryinginto effect a Treaty made belween the United States and
[Obsolete.] certain Indian Tribes, northwgst if the river Ohio.
Appropriation Be it enacted by the Senate and House of Representatives of the United
fordefraying the States of America in Congress assembled, That for the purpose of defray-
expenses ofcar-
rying into effect ing the expenses which may arise in carrying into effect the treaty made
a treaty made between the United States and the tribes of Indians, called the Wyan-
between the dots, Delawares, Shawanoes, Ottawas, Chippewas, Putawatimes, Miamis,
United States
and certain In- Eel river, Wee,,.Kickapoo, Piankashaw, and Kaskaskias, at Greeneville,
dian tribes, on the third day of August, one thousand seven hundred and ninety-five,
northwest of the monies arising under the revenue laws of the United States, which
the river Ohio.
have been heretofore passed, not already appropriated to any othe pur-
pose, or so much thereof as may be necessary, be, and are hereby pledged
and appropriated for the payment of the annuity stipulated in the saii
treaty, to be paid to the said Indian tribes; that is to say ; to the Wyan-
dots. one thousand dollars; to the Delawares, one thousand dollars; to
the Shawanoes, one thousand dollars; to the Ottawas, one thousand dol-
lars; to the Chippewas, one thousand dollars; to the Putawatimes, one
thousand dollars; to the Miamis, one thousand dollars; to the Eel river,
Weeh, Kickapoo, Piankashaw and Kaskaskias tribes, each five hundred
dollars: And to continue so pledged and appropriated, so long as the
said treaty shall be in force. And that a further sum of one thousand
five hundred dollars, out.of the monies aforesaid, be also appropriated to
defray the cost of transportation, and other contingent charges which
may arise fr5m the payment of the said annuity, according to the stipu-
lations contained in the said treaty.
APPROVID, May 6, 1796.

FOUR'r-1 CONGRESS. SEss. I. Cr 21,22. 1796.
STATUTE I.
CHAP. XXL-an Act authorizing a Loun for the use f the City of Washington, May 6,1796.
inthe District qf Columbia, andfor otherpurposes therein Mentioned.
[Obsolete1
SFCFION 1. Be it enacted by the Senate and House of Representa- Commission-
tives of the United States of America in Congress assembled, That the erS of the city of
commissioners, under the act, intituled "An act for establishing the Washington
may, under the
temporary and permanent seat of the government of the United States," direction of the
be, and they are hereby authorized, under the direction of the President President, bor-
of the United States, to borrow, from time to time, such sum or sums row certain
sums.
of money, as the said President shall direct, not exceeding tbree hun- 1790, ch. 28.
dred thousand dollars in the whole, and not exceeding two hundred thou- 1802, ch. 41.
sand dollars, in any one year, at an interest not exceeding six per centum 1798, ch. 0.
per annum, and reimbursable at any time after the year one thousand
eight hundred and three, by instalments, not exceeding one fifth of the
whole sum borrowed, in any one year; which said loan or loans shall
be appropriated and applied by the said commissioners, in carrying into
effect the above recited act, under the control of the President of the
lUnited States.
SEc. 2.- And be it further enacted, That all the lots, except those Certain lots
made chargea.
now appropriated to public use in the said city, vested in the commis- ble with the re-
sioners aforesaid, or in trustees, in any manner, for the use of the United payment of
States, now holden and remaining unsold, shall be, and are hereby those loans.
declared and made chargeable with the repayment of all and every sum
and sums of money, and interest thereupon, which shall be borrowed in
pursuance of this act: And, to the end, that the same may be fully and Those lots to
be sold, and the
punctually repaid, the said lots, or so many of them as shall be neces- monies applied
sary, shall be sold and conveyed, at such times, and in such manner, and to discharge the
on such terms, as the President of the United States, for the time being, loans.
shall direct: And the monies arising from the said sales, shall be applied
and appropriated, under his direction, to the discharge of the said loans,
after first paying the original proprietors any balances due to them,
respectively, according to their several conveyances to the said commis-
sioners or trustees. And if the product of the sales of all the said lots If the product
shall prove ipadequate to the payment of the principal and interest of of' such sales
should be in-
the sums borrowed under this act, then the deficiency shall be paid by sufficient, then
the United States, agreeably to the terms of the said loans; for it is only the United
expressly hereby declared and provided, that the United States shall be States to pay the
deficiency.
liable only for the repayment of the balance of the monies to be bor-
rowed under this act, which shall remain unsatisfied by the sales of all
the lots aforesaid, if any such balance shall thereafter happen.
SEc. 3. And be it further enacted, That every purchaser or pur- Purchasers of
chasers, his or their h'eirs or assigns, from the said commissioners or lots to be exempt
from incum-
trustees, under the direction of the said President, of any of the lots brance.
herein before mentioned, after paying the price, and fulfilling the terms
stipulated and agreed to be paid and fulfilled, shall have, hold and enjoy
the said lot or lots so bought, free, clear and exonerated from the charge
and incumbrance hereby laid upon the same.
SeC. 4. And be it feurther enacted, That the commissioners aforesaid, Commission-
ers shall render
shall, semi-annually, render to the Secretary of the Treasury, a particu- an accounf of
lar account of the receipts and expenditures of all monies intrusted to receipts and e-.
them, and also, the progress and state of the business, and of the funds penditure%, &c.
semi-annally
under their administration; and that the said secretary lay the same to the Secretory
before Congress, at every session after the receipt thereof. of the Treauirv,
APPROVED, May 6. 196. who shall lay it
before Congress.
STATUTE" T.
CInAP. XXII.-ii Act nmaking firther provision relative to the Revenule Cutters. May, (. 1796.
SEcrtoN 1. Be it enacted b.yi the ,Senate and 11ouse of Representa- .bsol eti..]
(O
tires of the United States of America in Congress assemb/cd, That from
2'Q2

FOURTH CONGRESS. Sgs&I. CR. 23. 1796.
Alteration of and after the first day of May, in the present year, there be allowed, in
the compensa- lieu of the compensation now established, to the master of each revenue
tion to the offi.
cers and mari- cutter, fifty dollars per month; to each first mate, thirty-five dollars per
ners ofthe reve- month; to each second mate, thirty dollars per month; to each third
sue cutters, mate, twenty-five dollars per month; and to each mariner, not exceed-
ing twenty dollars per month; to be paid by the collectors of the revenue,
who shall be designated for that purpose.
Forfeitures SEc. 2. And be it further enacted, That all penalties, fines and for-
under the im- feitures which may be incurred under the impost laws of the United
post laws, re-
covered in con- States, and recovered in consequence of information given by any officer
sequence of in- of a revenue cutter, shall, after deducting all proper costs and charges,
formation
by given
officers of the be disposed of, as follows: One fourth part shall be for the use of the
revenue cutters United States, and be paid into the treasury thereof; one fourth part,
how to be dis. for the officers of the customs, to be distributed in the manner now pro-
posed of. vided, relative to that part. of forfeitures they are now entitled to; and
the remainder thereof, to the officers of such cutter, to be divided among
them, in proportion to their pay.
President to SEc. 3. And be ii further enacted, That the President of the United
cause other rev- States be, and he hereby is authorized, to cause otherrevenne cutters to
enue cutters
he built or psr- to be built or purchased, in lieu of such as are or shall, from time to time,
chased in lieu become unfit for further service; the expense whereof, as well as all
of such as be- future expenses of building, purchasing or repairing. revenue cutters, shall
come unfit for be paid out of the product of the duties on goods,.wares and merchan-
service. -wrsadnch -
dise, imported into the United States, and on the tonnage of ships or
vessels.
Those which SEc. 4 j And be it further enacted, That the President of the United
are unfit for ser- States be, and he is hereby authorized to cause such revenue cutters as
vice to he sold, shall, from time to time, become unfit for service, to be sold at public
auction, and the proceeds of such sales to be paid into the treasury of
L the United States.
Limitation of SEC. 5. And be, it .further enacted, That so much of this act as fixes
the first section. the compensation of the officers and men on board the said cutters, shall
Act of March be, and remain in force, for the term of one year, and from thence to
2, 1799, ch. 22. the end of the next session of Congress thereafter, and no longer.
STATUTE I.
May 6,1796. CHAP. XXIII.--On .3ctto continue in force,for a limited time, an act intituled
".dn act declaring the consent of Congress to an act of the State of Maryland,
1794, ch. 61. passed the twenty-ehth of December, one thousandseven hundred and ninety-
three,for the appointment f a Health Officer."
[Obsolete.]
Consent of SECTION 1. Be it enacted by the Senate and House of Representa-
Congress grant- tives of the United States of America in Congress assem'bled, That the
ed to the act of
Maryland for consent of Congress be, and is hereby granted and declared, to the
collecting a operation of an act of the General Assembly of Maryland, passed the
duty of one cent twenty-eighth of December, one thousand seven hundred and ninety-
per ton on ves-
sels coming into three, intituled "An act to appoint a health officer, for the port of
Baltimore dis- Baltimore, in Baltimore county," so far as to enable the state aforesaid
trict from a fo. to collect a duty of one cent per ton, on all vessels coming into the dis.
reign voyage.
trict of Baltimore, from a foreign voyage, for the purposes in the said
act intended.
Limitation of SEC. 2.. And be it further enacted, That this act shall be in force for
the act. one year, and from thence to the end of the next session of Congress
S6e page 546,
post. thereafter, and no longer.

FOURTHXCONGRESS. SESS. I. CH.24, 25, 26. 1796.
STATUTE I.
CHAP. XXIV.--n et to repeal so much of an act intituled "..qn act to establish May 12, 1796.
the judicialcourts rf the United States," as dirtets that alternate sessions f the
Circuit Curt fior the district
of PJennsNIvania shall be hlden at Yorktown; and
for other purposes. Act of Sept.
20, 1789, ch. 20.
SECTION 1. Be it enacted by the Senate and House of Representatives Circuit court
for Pennsylva-
of the United States of America in- Congress assembled, That so much nia district to be
of the fifth section of the act; intituled " An act to establish the judicial holden only at
courts of the United States," as directs that alternate sessions of the Philadelphia,
except when the
circuit court for the district of Pennsylvania, shall be holden at York- judges direct it
town, be, and the same is hereby repealed; and that all the sessions of to be holden at
the said circuit court, shall, from and after the passing of this act, be Yorktown.
holden at the city of Philadelphia, excepting only, when at any session
of the said court, the judges thereof shall direct the next session to be
holden at Yorktown; which they are hereby authorized and empowered
to do, whenever it shall appear to them to be necessary.
Sac. 2. And be it further enacted, That all such process of the said Returns and
court, as may have issued before the passing of this act, and all recog- continuances to
the I1th of next
nizances returnable, and all suits and other proceedings that were con- October at
tinued to the said circuit court for the district of Pennsylvania, on the Yorktown
eleventh of October next, in Yorktown, shall now be returned, and held chioged to the
continued to the same court, on the same day, at Philadelphia. And to same day at
Philadelphia.
the end, that suitors, witnesses and all others concerned, may have notice Notice there.
of the alteration hereby made, the marshal of the said district of Penn- of to be given by
sylvania is hereby required to make the same known, by proclamation, the marshal by
proclamation.
on or before the first day of August next.
STATUTE I.
CHAP. XXV.-3,2n . t allowing Compensation for Horses killed in battle belonging May 12, 1796.
to officers f the army of the United States.
SECTION 1. Be it enacted by the Senate and House of Representatives Officers whose
~them That every duty requires
of the United States of America in Congress assembled, to be on
officer in the army of the United States, whose duty requires him to be horseback, tobe
on horseback, in time of actio, and whose horse shall be killed in bat- Pai4 for horses
tIe, be allowed a sum not exceeding two hundred dollars, as a compen- killed inbattle.
sation for each horse so killed.
SEc. 2. And be it further enacted, That the provision contained in Act to be re
this act shall have retrospective operation, so far as the fourth day of trospective
far as fourth asof
March, in the year one thousand seven hundred and eighty-nine: Pro. March, 1789.
vided, That no person shall receive payment for any horse so killed,
until he make satisfactory proof to the Secretary at War, that the horse, 'madeProof
to thetoSee-
be
for which he claims compensation, was actually killed under such cir etay of War
cumstances, as to entitle him to this provision, in all cases, which have within a limited
heretofore taken place, within one year after the end of the present ses- time.
sion of Congress; and in all cases which may take place hereafter,
within one year after such horse shall have been killed.
SEc. 3. And be it further.enacted, That the proof of the value of such How proof of
horse shall be, by the affidavit of the quartermaster of the corps, to the value shall
which the owner may belong, or of two other credible witnesses. be made.
APPROVED, May 12,. 1796.

STATUTV I.
CHAP. XXVI.-ina.ct declaring the consent of Congress to a certain ./lcl of the May 12, 1796.
-State of Maryland, and to continue an act declaring the assent of Congress to
certain Scts of the States of Maryland, Georgia and Rhode Island and Provi- [Expired.]
dence Plantations, so far as the same respects the States f Georgia, and Rhode
Island and Providence Plantations.
SECTION L..Be it enacted by the Senate and House of Rpreseatatives Consent of
Congress to a
oqfthe United States of Amcrica in Gongress assembled, That the con- certain act of

FOURTH CONGRESS. SEss. I. CH. q7,29: 1796.,
Maryland em- sent of Congress be; and is hereby granted and declared to the opera-
powering the tion of an act of the General Assembly of Maryland, made and passed
wardens of the
port of Balti- at a session begun and held at the city of Annapolis, on the first Mon-
more to levy day of November, in the year one thousand seven hundred and ninety-
and collect the ope, intituled "An act empowering the wardens of the port of Baltimore
duty therein
mentioned. to levy and collect the duty therein mentioned."
Part of the act Sgc. 2. And be it further enacted, That the act, intituled "An act
declaring the as- declaring the assent of Congress to certain acts of the states of Mary-
sent of Congress
to certain acts of 'land, Georgia and Rhode Island and Providence Plantations," shall be
the states of continued, and is hereby declared to be in full force, so far as the same
Maryland, respedts the states of Georgia and Rhode Island and Providence Plan-
Georgia, and
Rhode Island tations.
and Providence SEC. 3. And be it further enacted, That this act shall be, and con-
Plantations con. tinue in forte for the term of three years, and from thence to the end
tinued in force.
1800, ch. 15. of the next session of Congress thereafter, and no longer.
STATUTE 1.
May 17, 1796, CHAP. XXVII.-Bn Act authorizing the erection of a Lighthouse on Gape God,
in the Stale of Massachusetts.
A lighthouse Be it enacted bytthe Senate and House of Representatives of the United
to be erected on States of America in Congress assembled, That it shall be the duty of
Cape Cod.
the Secretaryof the Treasury, to provide, by contract, which shall be
approved by the President of the United States, for building a light-
house on Cape Cod, in the state of Massachusetts, (as soon as the
necessary cession of land for the purpose shall be made by the said
state to the United States;) and to furnish the same, with all necessary
supplies: And also, to agree for the salaries, or wages of the person, or
persons, who may be appointed by the President, for the superintendence
and care of the same: And that the number or disposition of the light
or lights in the said lighthouse, be such, as may tend to distinguish it
from others, as far as is practicable; and that the light'or lights on
Gurnet head, at the entrance of Plymouth harbour, be altered or dimi-
Appropriation nished, if necessary: And that eight thousand dollars be appropriated
therefor. for the same, out of any monies not otherwise appropriated.
STATUTE I.
May 18, i796. 'CHsp. XXIX.-4.n Yetprovidingfor the Sale of the Lands of the United'States,
in the territory northwest of the river Ohio, and above the mouth of Kentucky
1800) ch.55. river.(a)
A surveyor SECTION 1.Be it enacted by the Senate and House of Representa.
general to be tives of the United States of America in Congress assembled, That a
appointed; his
power and d i- Sutveyor General shall be appointed, whose duty it shall be to engage a
ties. sufficient number of skilful surveyors, as his deputies; whom he shall
(a) The acts of Congress relating to the sale of the public lands northwest of the river Ohio, are: An
act providing for the sale of the lands of the United States, in the territory northwest of the river Ohio,
and above the mouth of the Kentucky river, May 18, 1796, chap. 29 ; an act for regulating grants of land
appropriated for military services, and forthe Society of the United Brethren, for propagating the gos-
pel among the heathen, June 1, 1796, chap. 46; an act to amend the act entitledl "An act for regulating
grants of land appropriatedformilitary services, and for the Society of United Brethren for propagating
the gospel among the heathen," March 2, 1799, chap. 29 ; an act to authorize the sale of certain lands
between the Great and Little Miami rivers, iu the territory of the United States, northwest of the river
Ohio ; and for giving a pre-emption to certain purchasers, March 2, 1799, chap. 34 ; an act in addition to
an act regulating the grants of land appropriated for military services, and for the Society of United
Brethren for propagating the gospel among the heathen, and for other purposes, March 1, 1809; act of
May 10, 1800; an act making provision for the disposal of the public lands in theladianaterritory, and for
oth r purposes, March 26, 1804, chap. 35; an act to authorize the Secretary at War, to issue land war-
rants, and forother purposes, April 15, 1806, chap. 26; an act providing -for the cases of lost military
land warrants and discharges for faithful services, April 27, IS16, chap. 127, &c. &c.

cause, without delay, to survey and mark the unascertained outlines of

the lands lying northwest of the river Ohio, and above the mouth of the
river Kentucky, in which the titles of the Indian tribes have been extin-
guished, and to divide the same in the manner hetein after directed; he
shall have authority to frame regulations and instructions for the govern-
ment of his deputies; to administer the necessary oaths, upon their
appointments; and to. remove them for negligence or misconduct in
office.(a)
SEC. 2. Be it further enacted, That the part of the said lands,
(a) The decisions of the courts of the United States, as to the principles which regulate the titles to the
public lands, in the states which form part of the territory northwest of the river Ohio, have been :
A title to lands under grants by Indian titles northwest of the river Ohio, to private individuals in the
years 1773 and 1775, cannot be sustained in the courts of the United States. Lessee of Johnson et al. v.
M'Iitosh, 8 Wheat. 543; 5 Cond. Rep. 515.
The title to land depends entirely on the laws of the nation in which they lie. Ibid.
Discovery constitutes the original title to landson the.American continent, asbetweenthe different Euro-
pean nations. The title thus derived was the exclusive right of acquiring the soil flrom the natives, and
establishing settlements upon it. The title was to be consummated by possession. Ibid.
The right of the original inhabitants, was to a considerable extent impaired, but in no instance dis-
regarded. The Europeans respected the right of the natives as occupants, but asserted the ultimate
dominion to be in themselves; and claimed and exercised as a consequence of this ultimate dominion, a
power to grant the soil while yet in the possession of the natives. Ibid.
By the treaty between Great Britain and the United States, which concluded the revolution, the powers
of government and the right of soil, which had been previously in Great Britain, passed defin, :y to the
United States. Ibid.
The United States, or the several stales, have a clear title to all the lands within the boundary lines
described in the treaty; subject only to the Indian right of occupancy : and the exclusive power to extin-
guish that right, was vested in the United States, which might constitutionally exercise it. Ibid.
It is a principle of universal law, that if an uninhabited country be discovered by a number of individuals,
who acknowledge no connection with, and own no allegiance to any government whatever, the country
becomes the property of the discoverers, so far as they can use it. Ibid.
If the discovery be made, and possession be taken under the authority of an existing government which
is acknowledged by the emigrants, the discovery is made for the whole nation; and the country becomes
a part of the nation, and the vacant soil is to be disposed of by that organ of the government which has
the constitutional power to dispose of the national domain. Ibid.
The decision of the register and receiver of a land-office, in the absence of fraud, would be conclu-
sive as to the facts that the applicant for the land was then in possession, and of his cultivating the land
during the preceding year; because these questions are directly submitted to those officers. Yet if they
undertake to grant pre-emptions to land, on which the law declares they shall not be granted, then they
are acting on a subject matter clearly not within their jurisdiction; as much so, as if a court whose juris.
diction was declared not to extend beyond a given sum, should attempt cognizance of a case beyon that
sum. Wilcox v. Jackson, 13 Peters, 498.
Appropriation of land by the government, is nothing more or less than setting it apart for some pecu-
liar use. Whenever a tract of land has been once legally appropriated to any purpose, from that mo-
ment the land thus appropriated becomes severed from the mass of public lands : and no subsequent law
or proclamation, or sale, would be construed to embrace it, or to operate upon it, although no other
reservation were made of it, Ibid.
Nothing passes a perfect title to public lands, with the exception of a few cases, but a patent. The
exceptions are where Congress grants lands in words of present grant: The general rule applies as well
to pre-emptions, as to other purchases of public land. Ibid.
A state has a perfect right to legislate as she may please, in regard to the remedies to be prosecuted
in her courts, and to regulate the disposition of the property of her citizens, by descent, devise or aliena-
tios. But Congress are invested by the constitution with the power of disposing of the public land, and
making needful rules and regulations concerning it. Ibid.
Where a patent has not been issued for a part of the public land, a state has no power to declare any title
less than a patent valid against the claim of the United States to the land ; or against a title held under a
patent from the United States. Ibid.
Whenever the question in any court, state or federal, is whether the tftle to property which had be-
longed to the United States, has passed, that question must be resolved by the laws of' the United States.
But whenever the property has passed, according to those laws, then the property, like all other in the
state, is subject to state legislation; so far as that legislation is consistent with the admission that the title
passed, and was vested according to the laws of the United States. Ibid.
Congress has the sole power to declare the dignity and effect of titles emanating from the United States:
and the whole legislation of the government, in reference to public lands, declares the patent to be the supe-
rior and conclusive evidence of legal title. Until it issues, the fee is in the government, which by the
patent passes to the grantee, and he is entitled to recover the possession by ejectment. Bagnell v. Bro-
derick, 13 Peters, 436.
Where the title to the public land has passed out of the United States by conflicting patents, there can
be no objection to the practice adopted by the courts of a state, to give effect to the better right in any
forsi of remedy the legislature or'courts of the state may prescribe.
No doubt is entertained, of the power of the states to pass laws authorizin purchasers of lands from
the United States, to prosecute actions of ejectment upon certificates of purchase aminst trespassers on
the lands purchased ; but it is denied that the states have any power to declare certificates of purchase,
of e4ea dignity with a patent. Congress alone can give them such effect. Ibid.
VoL. 1.-59

466 FOURTH CONGRESS. SEss. L,Co. 29.- 1796.
Thelandshow which has not been already conveyed by letters patent, or divided, in
to be surveyed, pursuance of an ordinance in Congress,passed on the twentieth of May,
laidout, &c. one thousand seven hundred and eighty-five, or which has not been here-
tofore, and during the present session of Congress may not be appro-
priated for satisfying military land bopnties, and for other purposes, shall
be divided by north and soutlh lines run according to the true meridian,
and by others crossing them at right angles, so as to form townships of
six miles square, unless where the line of the late Indian purchase, or,
of tracts of land heretofore surveyed or patented, or the course of navi-
gable rivers may render it impracticable; and then this rule shall be de-
parted from no further than such particular circumstances may require.
The corners of the townships shalrbe marked with progressive numbers
from the beginning-; each distance of a mile between the said corners
shall be also distinctly, marked with marks different from those of the
corners. One half of the said townships, taking them alternately -shall
be subdivided into sections, containing, as nearly as may be, six hun-
dred and forty acres each, by running through' the same, each way, par-
allel lines, at the end of every two miles; and by marking a corner, on
each of the said lines, at the end of every mile; the sections shall be
numbered respectively, beginning with the number pne, in the north.
east section, and proceeding west and east alternately, through the town-
ship with progressive numbers, till the thirty-sixth be completed. And
it shall be the duty of the deputy surveyors, respectively, to cause to be
marked, on a tree near each corner made, as aforesaid, and within the
section, the number of such section, and over it, the 'number of the town-
ship, within which such section may be; and the said deputies shall
carefully note, in their respective field-books, the names of the corner
trees marked, and the numbers so made: The fractional parts of town-
ships shall be divided into sections, in manner aforesaid, and the frac-
tions of sections shall be annexed to, and sold with, the adjacent entire
sedtions. All lines shall be plainly marked upon trees, and measured
with chains, containing two perches of sixteen feet and one half each,
subdivided into twenty-five equal links, and the chain. shall be adjusted
to a standard to be kept for that purpose. Every surveyor shall note in
his field-book the true situations of all mines, salt licks, salt springs and
mill seats, which shall come to his knowledge; allwater courses, -over
which the line he runs shall pass; and also the quality of the lands.
These field-books shall be returned to the Surveyor General, who shall
therefrom cause a description of the whole lands surveyed, to be made
out and transmitted to the officers who may superintend the sales: He
Plat of town- shall also cause a fair plat to be made of the townships, and fractional
ships and frac- parts of townships, contained in the said lands, describing the subdivi-
tional parts to
be made. sions thereof, and the marks of the corners. This plat shall be recorded
in books to be kept for that purpose; a copy thereof shall be kept open
at the Surveyor General's office, for public information; and other copies
sent to the places of the sale, and to the Secretary of the Treasury.
Reservations SEc. 3. Be it further enacted, That a salt spring lying upon a creek
for the future which empties into the Sciota river, on the east side, together with as
disposal of the
United Statese many contiguous sections as shall be equal to one township, and every
other salt spring-which may be discovered, together with the section of
one mile square which includes it, and also four sections at the centre
of every township, cottaining each one mile square, shall be reserved,
for the future disposal of the United States; but there shall be no reser-
vations, except for salt springs, in fractional townships, where the frac-
tion is less than three fourths of a township.
Sectinns or6,10 SEC. 4. Be it further enacted, That whenever seven ranges of towin-
acres (exceptto ships shall have been surveyed below the Great Miami, or between the
reserv ations)
be sold at yen- Sciota river and the Ohio company's purchase, or between the
boundary of the Connecticut claims aplo the ranges southern
already laid off,

FOURTH CONGRESS. SESS. I. Cu. 29. 1796.
beginning upon the Ohio river and extending westwardly, and the plats due, by the
thereof made and transmitted, in conformity to the prbvisions of this Governor or
Secretary of the
act, the said sections of six hundred and forty acres (excluding those western terr-
hereby reserved) shall be offered for sale, at public vendue, under the di- tory, arid the
rection of the governor or secretary of the western territory, and the Surveyor Ga.
be eral.
Surveyor General: such of them as Ih below the Great Miami shall
sold at Cincinnati ; those of them which lie between the Sciota and the
Ohio company's purchase, at Pittsburg; and those between the Con-
necticut claim and the seven ranges, at Pittsburg. And the townships Undivided
remaining undivided shall be offered for sale, in the same manner, at the SI townships to be
soldinhlker u.n
seat of government of the United States, under the direction of the ne by tile See.
Secretary of the Treasury, in tracts of one quarter of a township lying retary of the
at the corners thereof, excluding the four central sections, and the other Treasury.
No part of the
reservations before mentioned: Provided always, that no part of the lands to be sold
lands directed by this act to be offered for sale, shall be sold for less than for less than two
two dollars per acre. dollars per acre.
SEC. 5. Be it further enacted, That the Secretary of the Treasury, Secretary of
after receiving the aforesaid plats, shall forthwith give notice, in one Treasury to give
notice of the
newspaper in each of the United States, and of the territories north- times of sale,
west and south of the river Ohio, of the times of sale; which shall, in &c.
no case, be less than two months from the date of the notice; and the
sales at the different places shall not commence, within less than one
month of each other : And when the governor of the western territory,
or Secretary of the Treasury, shall find it necessary to adjourn, or sus-
pend the sales under their direction, respectively, for more than three
days, at any one time, notice shall be given in the public newspapers, of
such suspension, and at what time the sales will re-commence.
SEC. 6. Be it further enacted, That immediately after the passing of Certain other
this act, the Secretary of the Treasury shall, in the manner herein lands to be sold.
before directed, advertise for sale, the lands remaining unsold in the
seven ranges of townships, which were surveyed, in pursuance of an
ordinance of Congress, passed the twentieth of May, one thousand seven
hundred and eighty-five, including the lands drawn for the army, by the
late Secretary of War, and also those heretofore sold, but not paid 'for;
the townships which by the said ordinance, are directed to be sold
entire, shall be offered for sale, at public vendue in Philadelphia, under
the direction of the Secretary of the Treasury, in quarter townships, re-
serving the four centre sections, according to the directions of this act.
The townships, which, by the said ordinance, are directed to be sold in
sections, shall be offered for sale at public vendue, in Pittsburg, under
the direction of the governor or secretary of the western territory, and
such person as the President may specially appoint for that purpose, by
sections of one mile square each, reserving the four centre sections, as
aforesaid; and all fractional townships shall also be sold in sections, at
Pittsburg, in the manner, and under the regulations provided by this
act, for the sale of fractional townships: Providedalways, That nothing
in this act shall authorize the sale of those lots, which have been here-
tofore reserved in the townships already sold.
SEc. 7. Be it further enacted, That the highest bidder for any tract Mode of pay-
of land, sold by virtue of this act, shall deposit, at the time of sale, one onint and of
obtain log a pa.
twentieth part of the amount of the purchase money; to be forfeited, if tent, &c.
a moiety of the sum bid, including the said twentieth part, is not paid
within thirty days, to the treasurer of the United States, or to such per-
son as shall be appointed by the President of the United States, to attend
the places of sale for that purpose; and upon payment of a moiety of the
purchase money, within thirty days, the purchaser shall have one year's
credit for the residue; and shall receive from the Secretary of the Trea-
sury, or the governor of the western territory, (as the case may be) a
certificate describing the land sold, the sum paid on account, the balance

FOURTH CONGRESS. Sass. I. Cii. 29. '1796.
Mode orpay- remaining due, the time when such balance becomes payable; and that
Inent, and ofr
otain, a oa" the whole land sold will be forfeited, if the said balance is not then paid;
tent, &c. but that if it shall be duly discharged, the purchaser, or his assignee, or
other legal representative, shall be entitled to a patent for the said lands :
And c'- payment of the said balance to the treasurer, within the specifictl
time, and producing to the Secretary of State a receipt for the same,
upon the aforesaid certificate, the President of the United Stats is
hereby authorized to grant a patent for the lands to the said purchaser,
l 2, ch. 6s, his heirs or assigns: And all patents shall be countersigned by the
Sec.183G, oh. 3. Secretary of State, and recorded in his office. But if there. should be a
352,
see. 6. failure in any payment,-the sale shall be void, all the money theretofore
paid on account of the purchase shall be forfeited to the United States,
and the lands thus sold shall be again disposed of, in the same manner
as if a sale had never been made: Provided nevertheless, that should any
purchaser make payment of the whole purchase money, at the time
when the payment of the first moiety is directed to be made, he shall be
entitled to a deduction of ten per centum on the part, for which a credit
is hereby directed to be given; and his patent shall be immediately
issued.
Entries to be SEC. 8. Be it further enacted, That the Secretary of the Treasury,
made of the dth
date of sales and the governor of the territory north west of the river Ohio, shall
respectively, cause books to be kept, in which shall be regularly entered,
an account of the dates of all the sales made, 4he situation and num-
bers of the lots sold, the price at which each was struck off, the
money deposited at the time of sale, and the dates of the certificates
Governor or granted to the different purchasers. The governor, or.secretary of the
Secretary to
t'rantsmit copies
said territory shall, at every suspension or adjournment, for more than
at certain times, three days, of the sales under their direction, transmit to the Secretary
of the Treasury, a -copy of the said books, certified to have been duly
Tracts sold to examined and compared with the original. And all tracts sold under
be noted on the this act, shall be noted upon the general plat, after the certificate has
general plat. been granted to the purchaser.
Navigable SEc. 9. And be it further enacted, That all navigable riirers, within
rivers to be pub. the territory to be disposed of by virtue of this act, shall be deemed to
iehighways. be, and remain public highways: And that in all cases, where the oppo-
Streams not 040
navigable, to be site banks of any stream, not navigable, shall belong to different persons,
common pro. the stream and the bed thereof shall become common to both.
Censation SEC. 10. And be it further enacted, That the surveyor general shall
Compensation -
ofSurveyor Gen. receive for his compensation,,two thousand dollars per annum; and that
President to the President of the United States may fix the compensation of the
fix compensa- assistant suvyrcancriran
tion of assistantasitn
surveyors, chain carriers and ax
axe men Provided, that the
me:Poddhtte
surveyors, whole expense of surveying and marking the lines, shall not exceed
Expense not three dollars per mile, for every mile that shall be actually run or sur-
to exceed three
dollars for every veyed.
mile surveyed. SEc. 11.. And be it further enacted, That the-following fees shall be
Regulation of paid for the services to be done under this act, to the treasurer of the
fees to be paid. United States, or to the receiver in the western territory, as the case
may be; for each certificate for a tract containing a quarter of a town-
ship, twenty dollars; for a certificate for a tract containing six hundred
and forty acres, six dollars; and for each patent f6r a quarter of a town-
ship, twenty dollars; for a section of six hundred and forty acres, six
dollars: And the said fees shall be accounted for by the receivers,
respectively.
Oath to be tak- SEc. 12. And be it further enacted, That the surveyor general, assist-
en by General,
veyor the Sur. ant surveyors, and chain carriers, shall, before they enter on the several
&c. duties to be performed under this act, severally take an oath or affirms-
The person to tion, faithfully to perform the same; and the person, to be.appointed to
be appointed to receive the money on sales in the western territory, before he shall re-
receive the mu- ceive any money under this act, shall give bond with sufficient security,

FOURTH CONGRESS. S CH. 39.
-ss.'I. 1796. 40
for the faithful discharge of his trust : That, for receiving, safe keep- ney in the west-
ing, and conveying to the treasury the money he may receive, he shall ern territory to
be entitled to a compensation to be hereafter fixed, give bond, &c.
STATUTE I.
CHAP. XXX.-3.n dot to regulate Trade and Intercourse with the Indian Tribes, May 19, 1796.
and to preserve Peace on the Frontiers.(a)
SECTION 1. Be it enacted by the Senate and House of Representatives [Expired.]
of the United States of America in Congress assembled, That the fol- j799. ch. 46.
1802, ch. 13.
lowing boundary line, established by treaty between the United States A boundary
and various Indian tribes, shall be clearly ascertained, and distinctly line between
marked, in all such places, as the President of the United States shall the United
deem necessary, and in such manner as he shall direct, to wit : Begin- States and va.
rious Indian
ning at the mouth of Cayahoga river on Lake Erie, and running thence tribes to be as.
up the sam I, to the portage between that and the Tuscarords branch of certained and
marked.
the Muskingum; thence down that branch, to the crossing place above
Fort Lawrence; thence westerly to a fork of 'that branch of the Great
Miami river, running into the Ohio, at, or near which fork, stood Laro-
mie's store, and where commences the portage, between the Miami of
the Ohio, and Saint Mary's river, which is a branch of the Miami, which
runs into Lake Erie; thence a westerly course to Fort Recovery, which
stands on a branch of the Wabash; thence southwesterly, in a direct
line to the Ohio, s8 as to intersect that river, opposite the mouth of
Kentucky or Cuttawa river; thence down the said river Ohio, to the
tract of one hundred and fifty thousand acres, near the rapids of the
Ohio, which has been assigned to General Clark, for the use of himself
and his warriors; thence around the said tract, on the line of the said
tracttill it shall again intersect the said river Ohio.; thence down the
same, to a point opposite the high lands or ridge between the month of
the Cumberland and Tennesse rivers; thence easterly on the said ridge,
to a point, from whence, a southwest line will strike the mouth of Duck
river ; thence still easterly on the said ridge, to a point forty miles above
Nashville: thence northeast, to Cumberland river; thence up the said
river, to where the Kentucky road crosses the same; thence to the top
of Cumberland mountqin; thence along Campbell's line, to the river
Clinch; thence .down the said river, to a point from which a line shall
pass the Holsten, at the ridge, which divides the waters running into
Little River, from those running into the Tennessee; thence south, to
the North Carolina boundary; thence along the South Carolina Indian
boundary, to and over the Ocunna mountain, in a southwest course, to
Tugelo river; thence in a direct line, to the top of the Currahee moun-
tain, where- the Creek line passes it; thence to the head or source of
the main south branch of the Oconee river, called the Appalachee;
thence down the middle of the said main south branch and river Oco-
nee, to its confluence with Oakmulgee, which forms the river Altamaha;
thence down the middle of the said Altamaha, to the old line on the said
river; and thence along the said old line to the river Saint Mary's;
Pro id'd always, that if the boundary line between the said Indian Provision for
tribes-and the United States, shall, at any time hereafter, be varied, by alterations
which may be
any treaty which shall be made between the said Indian tribes and the made by treaty.
United States, then all the provisions contained in this act, shall be con-
strued to apply to the said -line so to be varied, in the same manner, as
the said provisions now apply to the boundary line herein before recited.
(a) The act of March 30, 1802, havine described what should be the Indian country at that time, as
well as at any future time, when purch'ises of territory should be made of the Indians, the cirrvna of
spirit-ious liquors into a territory so purchased after Mach 1802, although the same should be freqaented
and inhabited exclusively by lndlaus, would not be an offence within the meaning of the act or Coneress,
so as to suliect the aoods of the trader. found n conipany with those liquors, to seizure and forfeiture.
American Fur Company v. The United States, 2 Peters, 358.
2R

FOURTH CONGRESS. SESS. I. CH. 30. 1796.
Penalty on SEc. 2. Andbe'itffurther enacted,That if any citizen of, or other per-

passing the son resident in the United States, or either of the territorial districts of
boundary to
hunt, &c. the United States, shall cross over, or go within the said boundary line,
to hunt, or in any wise destroy the game; or shall drive, or oth&. wise
convey any stock of horses or cattle to range, on any lands allotted or
secured by treaty with the United States, to any Indian tribes, he shall
forfeit a sum not exceeding one hundred dollars, or be imprisoned not
exceeding six months.
Penalty on Sac. 3. And be it further enacted, That if any such citizen, or other
going 'into the
country of the person, shall go into any country, which is allotted, or secured by treaty
Indians south of i, aforesaid to any of the Indian tribes south of the river Ohio, without
the Ohio with- a passport first had and obtained from the governor of some one of the
ot a passport.
United States, or the officer of the troops of the United States command-
ing at the nearest post on the frontiers, or such other person, as the Pre-
sident of the United States may, from time to time, authorize to grant
the same, shall forfeit a sum not exceeding fifty dollars, or be impri-
soned, not exceeding three months.
Penalty on SEc. 4. And be it further enacted, That if any such citizen or other
committing cer- person, shall go into any town, settlement or territory, belonging, or
tain offences
against the In. secured by treaty with the United States, to any nation or tribe of In-
dians. dians, and shall there commit robbery, larceny, trespass or other crime,
against the person or property of any friendly Indian or Indians, which
would be punishable, if committed within the jurisdiction of any state,
against a citizen of the United States; or, unauthorized by.law, and with
a hostile intention, shall be found on any Indian land, such offender shall
forfeit a sum not exceeding one hundred dollars, and he imprisoned not
exceeding twelve months; and shall also, when property is taken or de-
stroyed, forfeit and pay to such Indian or Indians, to whom the property
taken and destroyed belongs, a sum equal to twice the just value of the
U. States to property so taken or destroyed : And if such offender shall be unable
pay in certain to pay a sum at least equal to the said just value, whatever such payment
cases. shall fall short of the said just value, shall be paid out of the treasury of
the United States: Provided nevertheless, that no such indian shall be
entitled to any payment out of the treasury of the United Statesi for any
such property taken or destroyed, if he, or any of the nation to which he
belongs, shall have sought private revenge, or attempted to obtain satis-
faction by any force or violence.
. Penalty on SEc. 5. And bge it farther enacted, That if any such citizen, or other
settling on, &C. person, shall make a settlement on any lands belonging, or secured, or
the Indian
lands. granted by treaty with the United States, to any.Indian tribe, or shall
survey, or attempt to survey, such lands, or designate any of the bounda-
ries, by marking trees, or otherwise, such offender shall forfeit all his
right, title and claim, if any he hath, of whatsoever nature or kind the same
shall or may be, to the lands aforesaid, whereupon he shall make a set-
tlement, or which-he shall survey, or attempt to survey, or designate any
of the boundaries thereof, by marking trees or otherwise, .and shall also
forfeit a sum not exceeding one thousand dollars, and suffer imprison-
President may ment not exceeding twelve months. And it shall, moreover, be lawful
cause settlers to for the President of the United States, to take such measures and to
remove. employ such military force, as he may judge necessary, to remove from
lands belonging, or secured by treaty, as aforesaid, to any Indian tribe,
any such citizen or other person, who has made or shall hereafter make,
or attempt to make a settlement thereon :. And every right, title, or claim
forfeited under this act, shall be taken and deemed to be vested in the
United States, upon conviction' of the offender, without any other or
further proceeding.
Penalty on SEc. 6. And be it further enacted, That if any such citizen, or other
committing
murder upon an person, shall go into any town, settlement or territory belonging to any
InA~ian. nation or tribe of Indians, and shall there commit murder, by killing any

FOURTH CONGRESS. Scss. I Ca. 1. 1796.
Indian or Indians,.belonging to any nation or tribe bf'Indians in amity

with the United States, such offender, on being thereof convicted, shall
suffer death.
SEC. 7. And be it further enacted, That no such citizen, or other Traders to
person, shall be permitted to reside at any of the towns, or hunting- have licenses.
camps, of any of the Indian tribes as a trader, without a license under
the hand and seal of the superintendent of the department, or of such
other person as the President of ihe United States shall authorize to
grant licenses for that purpbse: which superintendent, or person autho-
rized, shall, on application, 'issue such license, for a term not exceeding
two years, who shall enter into bond, with one or more sureties, ap-
proved of by the superintendent, or person issuing such license, or by
the President of the United States, in the penal sum of one thousand
dollars, conditioned for the true and faithful observance of such regula-
tions and restrictions, as are, or shall be made for the government of
trade and intercourse with the Indian tribes: and the superintendent,
or person issuing such license, shall have full power and authority to
recall thesame, if the person so licensed shall transgress any of the regu-
lations or restrictions provided for the government of trade and inter-
course with the Indian tribes; and shall put in suit, such bonds as he
may have taken, on the breach of any condition therein contained.
SEC. 8. And be it further enacted, That any such citizen or other Penalty on
person, who shall attempt to reside in any town, or hunting camp, of trading without
license.
any of the Indian tribes, as a trader without such license, shall forfeit
all the merchandise offered for sale, to the Indians, or found in his pos-
session, and shall, moreover, be liable to a fine not exceeding one hun-
dred dollars, and to imprisonment not exceeding thirty days.
SEC. 9. And be it further enacted, That if any such citizen, or other Penalty on pnr.
person, shall purchase, or receive of any Indian, in the way of trade or chasing or re-
ceiving certain
barter, a gun, or other article commonly used in hunting, any instru- things from in.
ment of husbandry, or cooking utensil, of the kind usually obtained by dians.
the Indians, in their intercourse with white people, or any article of
clothing, excepting skins or furs, he shall forfeit a sum not exceeding
fifty dollars, and be imprisoned not exceeding thirty days.
SEc. 10. And be it further enacted, That no such citizen or other No person to
person, shall be permitted to purchase any horse of an Indian, or of any horsein ta
urhase the In.
white man in the Indian territory, without special license for that pur- dian country
pose; which license, the superintendent, or such other person as the without special
President shall appoint, is hereby authorized to grant, on the same license.
terms, conditions and restrictions, as other licenses are to be granted
under this act: and any such person, who shall purchase a horse or
horses, under such license, before he exposes such horse or horses for
sale, and within fifteen days after they have been brought out of the
Indian country, shall 'make a particular return to the superintendent, or Return to be
other person, from whom he obtained his license, of every horse pur- made thereof.
chased by him, as aforesaid; describing such horses, by their colour,
height, and other natural or artificial marks, under the penalty contained
in their respective bonds. And every such person, purchasing a horse
or horses, as aforesaid, in the-Indian country, without a special license,
shall, for every horse thus purchased, and brought into any settlement
of citizens of the United States, forfeit a sum not exceeding one hun- Penalty.
dred dollars, and be imprisoned not exceeding thirty days. And every
person, who shall purchase a horse, knowing him to be brought out of
the Indian territory, by any person or persons, not licensed, as above, to
purchase the same, shall forfeit the value of such horse. Person author-
SEC. 11. And be it further enacted, Thai no agent, superintendent, ized to grant a
or other person authorized to grant a license to trade, or purchase license not to
horses, shall have any interest or- cnncern in any trade with the Indians, trade or pur.
chase horses on
or in the purchase or sale of any horse, to or from any Indian, excepting private account.

472 FOURTH CONGRESS. SEss. I. Car. 30. 1796.
for, and on aceount of the United States. And any person offending
herein, shall forfeit a sum not exceeding one thousand dollars, and be
imprisoned not exceeding twelve months.
Purchises of SEC. 12. And be it further enacted, That no purchase, grant, lease,
Indian lands to or other conveyance of lands, or of any title or claim thereto, from any
treaty. b dian, or nation or tribe of Indians, within the bounds of the United
States, shall be of any validity, in law or equity, unless the same be
made by treaty, or convention, entered into pursuant to the constitution :
Penalty on and it shall be a misdemeanor in any person, not employed under the
treating without authority of the United States, to negotiate such treaty or convention
directly or indirectly, to treat with any such lpdian nation, or tribe of-
Indians, for the title or purchase of any lands by them held, or claimed,
punishable by fine not exceeding one thousand dollars, and imprison-
ment not exceeding twelve months: Providednevertheless, that it shall
be lawful for the agent or agents of any state, who may be present at
any treaty held with Indians, under the authority of the United States,
in the presence, and with the approbation of the commissioner or corn-
missioners of the United States, appointed to bold the same, to propose
to, and adjust with the Indians, the compensation to be made, for their
claims to lands within such state, which shall be extinguished by the
treaty.
Presents to the SEC. 13. And be it further enacted, That in order to promote civili-
Indians-agents ation among the friendly Indian tribes, and to secure the continuance
to reside among ad
them. of their friendship, it shall be lawful for the President of the United
States, to cause them to be furnished with-tusefu domestic animals, and
implements of husbandry, apd with goods 'or money, as he slell judge
proper, and to appoint such persons, from time to time, as temporary
agents, to reside among the Indians, as he shall think t: Provided,that
the whole amount of such presents, and allowance to such agents, shall'
not exceed fifteen thousand dollars per annum.
Proceedingson
offees col.
SEe. 14. And be it further enacted, 'that if any Indian or Indians,
mitred by In- belonging to any tribe in amity with the United States, shall come over
dians. or acrossthe said boundary line, into any state or territory inhabited by
citizens of the United States, and there take, steal or destroy any horse,
horses, or other property, belonging to any citizen or inhabitant of the
United States, or of either of the territorial districts of the United States,
or shall commit any murder, violence or outrage, upon any such citizen,
or inhabitant, it shall be the duty of such citizen or inhabitant, his
representative, attorney or agent, to make application to the superinten-
dent, or such other person as the President of the United States shall
authorize for that purpose; who, upon being furnished with the neces-
sary documents and proofs, shall, under the direction or instruction, of
the President of the United States, make application to the nation or
tribe, to which such Indian or Indians shall belong, for satisfaction; and
if such nation or tribe shall neglect or refuse to make satisfaction, in a
reasonable time, not exceeding eighteen months, then it shall be the
duty of such superintendent, or other person authorized, as aforesaid, to
make return of his doings to the President of the United States, and
forward to him all the documents and proofs in the case, that such
further steps may be taken, as shall be proper to obtain satisf'tcticn for
the injury: And, in the mean time, in respect to the property so taken,
stolen, or destroyed, the United States guarantee to the party injured,
an eventual indemnification :Providedahrf.ys, that if such injured party,
his representative, 'attorney, or agent, shall, in any way, violate any of
the provisions of this act, by seeking, or attempting to obtain private
satisfaction or revenge, by crossing over the line, on any of the Indian
lands, he shall forfeit all claim upon the United States, for such indem-
nification : And provided abe, that nothing herein contained shall pre-
vent the legal apprehension or arresting, within the limits of any state

or district, of any Indian having so offended: And provided further,
that it shall be ]awful for the President of the United States, to deduct
such sum or sums, as shall be paid for the property taken, stolen or
destroyed by any such Indian, out of the annual stipend, which the
United States are bound "to pay to the tribe, to which such Indian shall
belong.
Snc. 15. And be it further enacted, That the superior courts in each Jurisdiction of
of the said territorial districts, and the circuit courts, and other courts !he courts here-
of the United States, of similar jurisdiction in criminal causes, in each in-
district of the United States, in which any offender against this act shall
be apprehended, or, agreeably to the provisions of this act, shall be
brought for trial, shall have, and are hereby invested with, full power and
authority, to hear and determine all crimes, offences and misdemeanors,
against this act; such courts proceeding therein, in the same manner,
as if such crimes, offences and misdemeanors had been committed
within the bounds of their respective districts : And in all cases,-where
the punishment shall not be death, the county courts of quarter sessions
in the said territorial districts, and the district courts of the United
States in their respective districts, shall have, and are hereby invested
with like power to hear and determine the same, any law to the con-
trary notwithstanding: And in all cases, where the punishment shall be
death, it shall be lawful for the governor of either of the territorial dis-
tricts, where the offender shall be apprehended, or into-which he shall
be brought for trial, to issue a commission of oyer and terminer, to the Commissions
superior judges of such district, who shall have full power and authority ol'*oyer and ter-
miuner may be
to hear and determine all such. capital cases, in the same manner, as the issued.
superior courts of such district have in their ordinary sessions: And
when the offender shall be apprehended, or brought. for trial, into any
of the United States, except Kentucky, it shall be lawful for the Presi-
dent of the United States, to issue a like commission to any one or more
judges of the supreme court of the United States, and the judge of the
district, in which such offender may have been apprehended, or shall
have been brought for trial; which judges, or any two of them, shall
have the same jurisdiction in such capital cases, as the circuit court of
such district, and shall proceed to trial and judgment, in the same man-
ner, as such circuit court might or could do. And the district courts
of Kentucky and Maine shall have jurisdiction of all crimes, offences
and misdeneanors committed against this act, find shall proceed to trial
and judgment, in the same manner, as the circuit courts of the United
States.
SEc. 16. And be it furthrr enacted, That it shall be lawful for the Military may
military-force of the -United States, to apprehend every person, who apprehend or-
shall, or may be found in the Indian country, over and beyondthe said fenders.
boundary line, between the United States and the said Indian tribes, in
violation of any of the provisions or regulations of this act, and him or
them immediately to convoy, in the nearest convenient and safe route,
to the civil authority of the United States, in some one of the three next
adjoining states or districts, to be proceeded against, in due course of
law: Provided, that no person, apprehended by military force, as afore-
said, shall be detained longer than ten days, after the arrest, and before
removal.
SEc. 17. And be it further enacted, That if any person, who shall be Trial may be
charged with a violation of any of the provisions or regulations of this had where the
act, shall be found within any of the United States, or either of the of fender
foend. is
territorial districts of the United States, such offender may be there ap-
prehended and brought to trial, in the same manner, as if such crime or
offence had been committed within such state or district; and it shall
be the duty of the military force of the United States, when balled upon
by the civil magistrate, or any proper officer, or other person duly
Vo,. .- 6) n2

FOURTIH CONGRESS. SESS. I. CH. 31,32. 1796.
Militarytoaid authorized for that purpose, and having a lawful warrant, to aid and
the civil offi- assist such magistrate, officer, or other person authorized, as aforesaid,
cers. in arresting such offender, and him committing to safe custody, for trial
according to law.
Amount of SEC. 18. And be it further enacted, That the amount of fines, and
fines an d dura. duration of imprisonment, directed by this act as a punishment, for the
tion of imprison- violation of any of the provisions thereof, shall be ascertained and fixed,
ment discre-
tionary, &c. not exceeding the limits prescribed, in the discretion of the court, before
To whose use whom the trial shall be had; and that all fines and forfeitures, which
the forfeitures shall accrue under this act, shall be, one half to the use of the informant,
shall be. and the other half to the use of the United States: Except where the
prosecution shall be first instituted on behalf of the United' States; in
which case, the whole shall be to their use.
Certain trade SEC. 19. And be it further enacted, That nothing in this act shall
and intercourse be construed to prevent any trade or intercourse with Indians living on
excepted. lands surrounded by settlements of the citizens of the United States,
and being within the ordinary jurisdiction of any of the individual
Certain roads states; or the unmolested use of a road from Washington district, to
excepted. Mero district; and of the navigation of the Tennessee river, as reserved
and secured by treaty.
The President SEC. 20. And be it further enacted, That the President of the United
may cause to be States be, and he is hereby authorized, to cause to be clearly ascertained,
ascertained
other boundary and distinctly marked, in all such places as he shall deem necessary, and
lines, in such manner as he shall direct, any other boundary lines between the
United States and any Indian tribe, which now are, or hereafter may be
established by treaty.
Other acts re- SEC. 21. And be it further enacted, That all and every otner act and
pealed, acts, coming within the purview of this act, shdll be, and they are hereby
Proviso. repealed: Provided, nevertheless, that all disabilities, that have taken
place, shall continue and remain; all penalties and forfeitures, that have
been incurred, may be recovered; and all prosecutions and suits, that
may have been commenced, may be prosecuted to final judgment, under
the said 'act or acts, in the same manner, as if the said act or acts were
continoed, and in full force and virtue.
Limitation of SEC. 22. And be it further enacted, That this act shall be in force,
this act. for the term of two years, and from thence to the end of the session of
Congress next thereafter, and no longer.
STATUTE I.
May 27, 1796. CHAP. XXXI.-Adn Set relative to Quarantine.(a)

Repealed by Be it enacted by the Senate and House of Representatives of the
the 8th sec. of United States of Am'erica in Congress assembled, That the President
the Act of Feb.
25, 1799. ch. of the United States be, and he is hereby authorized, to direct the reve-
12. nue officers and the officers commanding forts and revenue cutters, to
aid in the execution of quarantine, and also in the execution of the
health laws of the states, respectively, in such manner as may to him
appear necessary.
APPROVED,May 27, 1796.
STATUTE I.
May 27, 1796. CH1AP. XXXII.--An Aet altering the Compensation of the Accountant of the War
Department.
[Obsolete.]
Compensation SECTION 1. Be it enacted by the Senate and Rouse of Representatives
to the Accoiu. of the United States of America in Congress assembled, That there
tut of"tbe War shall hereafter be allowed to the Accountant of the Department of War,
lepartinent. the sum of one thousand six hundred dollars per annum, as a cor-
la) See an act respecting quarantine and health laws, passed February 25, 1799, chap. 12.

FOURTH CONGRESS. Sass. I. Cm 33, 4. 1796. 475
pensation for his services, in lieu of the compensation heretofore al-

lowed.
SEC. 2. And be it further enacted, That all letters and packets to or Privilege of
from the Accountant of the department of War, shall be conveyed by franking.
post, free of postage, under such restrictions as are provided by law, in
like cases.
STATV;'.E I.
CHAP. XXXJI.-Sn Act respecting the Mint., May 27, 1796.

SEcTION 1. Be it enacted by the Senate and House of Representatives [Expired.
of the United States.of America in Congress assembled, That there shall ActofJn. 14,
be appropriated for the purchase of copper for the further coinage of 1793, ch. 2. -
Act or April
cents and half cents, a sum equal to the amount of the cents and half 24, 1800, ch. 34.
cents which shall have been coined at the mint, and delivered to the Appropriation
treasurer of the United States, subsequent to the first day of January, for the purchase
of copper.
one thousand seven hundred and ninety-six, which sum shall be payable'
out of any monies in the treasury not otherwise appropriated.
SEC. 2. And be it further enacted, That from and after the passing Part of gold
of this act, there shall be retained from every deposit in the mint, of and silver bul-
lion to be re-
gold or silver bullion below the standard of the United States, such sum tained.
as shall be equivalent to the expense incurred in refining the same, and
an accurate account of such expense on every deposit shall be kept, and
of the sums retained on account of the same, which shall be accounted
for by the treasurer of the mint, to the treasurer of the United States.
SEC. 3. And be it further enacted, That this act shall continue in force Limitation.
for the term of two years from the passing thereof, and from thence until
the end of the next session of Congress thereafter holden, and no longer.
STATUTE I.
CHAP. XXXIV.-.n Aet altering the Sessions of the Circuit Courts in tha Dis. May 27, 1796.
tricts of Vermont and Rhode Island;-and for other purposes. [Obsolete.)
SECrioN 1. Be it enacted by the Senate and House of Representa- Time and
tives of the United States of America in Congress assembled, That place of holding
the district coort
from and after-the first day of June next, the circuit court, for the district of Vermont.
of Vermont, shall be held at Rutland and Windsor, alternately, begin-
ning with the former, on the seventh day of November, and on the 1802, ch. 31.
twelfth day of May, annually: Provided, when either of those days
shall be Sunday, the court shall be held on the day following.
SEC. 2. And be it further enacted, That the fall session of the cir- Fallsessionor
cuit court, for the district of Rhode Island, shall be held on the nine- thecircuit court
teenth day of November, with the exception for Sunday, as is provided of Rhode Island.
in the preceding section.
SEC. 3. And be it further enacted, That the district court for the dis- Times of hold-
trict last aforesaid, instead of the several days heretofore prescribed, ing the district
shall be. held annually, on the first Tuesday of August, the third Tues- court
Isl'and.
of Rhode
day of November, the first Tuesday of February, and the second Tues- 1804, ceh.31.
day of May.
SEC. 4. And be it further enacted, That all writs and processes, of Returns of
whatever name or description, which may have issued from either of the writs and pro-
courts before mentioned, or which shall hereafter issue, the return of eases, &c.
which will be interrupted by this act, shall be returned tothe terms of
the courts, respectively, next succeeding the terms, to. which they were
made returnable: And the said writs and processes before mentioned,
together with all matters and business depending before either of the
courts before mentioned, shall be taken up and proceeded upon to final
issue and determination, in the same manner, and to the same effect, as

476 FPOURTH CONGRESS. SEss. I. Cad 35. 1796.
if no alteration had been made in the times or places of holding the said
courts respectively.
SqTArLTE 1.
Mlay 27, 1796. CHAP. XXXV.-n et in addition to an act intituled 6"3n act supplementary to
the act, intiuled atn act to provide more effectually for the Collection if the Duties
on Goods, Wares and Merchandise imported into the United States, and on the
[Obsolete.] Tonnage of Ships or Vessels."
Certain new SECTION 1. Be it enacted by the Senate and House of Representa-
districts and tives of the United States of America in Congress assembled, That
ports ofdelivery from and after the last day of June next, there shall be established, the
established.
1799, ch. 22 . following new districts and ports of delivery, to wit: In the state of
Anite, . 42L. Massachusetts, a district to be called the district of Ipswich; which
shall include the waters and shores within the said town of Ipswich,
which shall be the sole port of entry of the same: And a collector shall
be appointed, to reside in the said town of Ipswich; and thenceforward,
the office of surveyor for the said port shall cease. In the state of New
Jersey, a district, to be called the district of Little Egg Harbor, which
shall comprehend all the shores, waters, bays, rivers and creeks from
Barnegat inlet to Brigantine inlet, both inclusively; and the town of
Tuckerton shall be the sole port.of entry for the said district: And a
collector for the same shall be appointed, to reside at the said town of
Tuckerton; and thenceforward, the office of surveyor for the port of Lit-
tle Egg Harbor shall cease. In the state of Maryland, a district, to be
called the district of Havre-de-Grace; which shall include all the shores
and waters of the Chesapeake bay, above Turkey point and Spes Utim
island: And a collector shall be appointed, to reside at Havre-de-Grace,
which shall be the sole port of entry for the same. In the district of
Newburyport, the town of Newbury shall be a port of delivery: In the dis-
trict of Dighton, the towns of Berkley and Taunton shall be ports of
delivery.
SEc. 2. And be it furthe" enacted, That from and after the last day
Alteration of of June next, the district of Hudson, in the state of New York, shall
certain districts, be confined to the limits of the city of Hudson; and all other places,
which were, by the act, intituled "An act supplementary to the act, inti-
tuled An act to provide more effectually for the collection of the duties
on goods, wares and merchandise imported into the United States, and
Ante, p. 420. on the tonnage of ships or vessels," included in the said district of Hud-
son, shall be annexed to the -district of New York. And the description
of the district of Waldoborough, in the said recited act, shall be so far
altered, as, instead of saying, "A place called Duck-trap," to say, "that
part of a place called Duck-trap, which lies between the towns of Cam-
den and Northport ;" and, instead of saying, "All the shores and waters
from the middle of Damarascotty river to Duck trap," to say, "all the
,shores and waters from the middle of Damarascotty river, to the south-
wardly side of the town of Northport." That, in-the state of Maryland,
the district of Cedar-point shall be called the district of Nanjemoy; which
shall be the sole port of entry and delivery for the said district; and the
collector shall reside at Nanjemoy. And that in the district of Nantucket,
in the state of Massachusetts, the name of the port of Sherburne shall be
Proviso. changed to the port of Nantucket. Provided always, that no alteration
in the name or -description of the said districts shall be construed to
affect the compensation of the officers thereof.
Collectors to SEC. 3. And be it furtherenacted, That the collectors to be appointed
be appointed in conformity with this act, shall each become hound in the sum of two
under this actto
give security, thousand dollars, in manner, as is by law provided in like cases: And
&c. the same duties, authorities and fees of office, with a similar distribution
thereof, shall appertain to those appointments as are now in like cases

FOURTH CONGRESS.. _Sass. I. Cu. 36. 1796.
authorized by law. And the collectors aforesaid shall each receive two
per centum on all monies by them respectively received; and shall also,
respectively, receive the allowance of one hundred dollars, annually,
from and after the said last day of June next.
STATUTE I.
CrtA P. X X X VI.-n dct fur the relief and protection of Smerican Seamen. May 28,1796.
SECTION 1: Be it enacted by the Senate and House of Representatives Act of March
of ihe United States of America in •Congress assembled, That the Presi-
ch. 36.
1799, agents
2, Two
dent of the United States, by and with the advice and consent of the to be appointed.
Senate, be, and hereby is authorized to appoint two or more agents; the
one of whom shall reside in the kingdom'of Great Britin, and the
others at such foreign ports, as the Presidentuof the United States shall
direct. That the duty of the said agents shall be, under the direction Their duties.
of the President of the United States, t.s inquire into the situation of
such American citizens or others, saing, conformably to tbe law of
nations, under the protection of the American flag, as have been, or may
hereafter be impressed or detained by any foreign power, to endeavour,
by all legal means, to obtain the release of such American citizens or
others, as aforesaid; and to render an account of all impressments and
detentions whatever, from American vessels, to th executive of the
United States.
SEc. 2. And be it further enacted, That if it should be expedient to Additional
employ an additional agent or agents, for the purposes authorized by this agentstedmaydu-be
law, during the recess ofthe Senate, the Presidefit alone be, and hereby appin
is, authorized to appoint such agent or agents. of the Senate.
SEc. 3. And be it further enacted, That the President of the United Appropriation.
States be, and he is hereby authorized to draw, annually, out of the
treasury of the United States, a sum not exceeding fifteen thousand dol-
lars, not otherwise appropriated, to be applied by him in such propor-
tions as he shall direct, to the payment of the compensation of the said
agents, for their services, and the incidental expenses attending the per-
formance of the duties imposed on them by this act.
SEC. 4. And be it further enacted, That the collector of every district Collectors to
shall keep a book or books, in which, at the request of any seaman, grant certifi-
being a citizen of the United States of America, and producing proof of cates ofcitizen.
his citizenship, authenticated in the manner hereinafter directed, he ship.
shall enter the name of such seaman, and shall deliver to him a certifi-
cate, in the following form; that is to say: "I, A. B., collector of the
district of D., do hereby certify, That E. F., an American seaman, aged
years, or thereabouts, of the height of feet
inches, [describing the said seaman as particularly as may be] has, this
day, produced to me proof in the manner directed in the act, intituled
" An act for the relief and protection of American seamen ;" and, pur-
suant to the said act, I do hereby certify, that the said E. F. is a citizen
of the United States of America: In witness whereof, I have hereunto
set my hand and seal of office, this day of "
And it shall be the duty of the collectors aforesaid, to file and preserve
the "'of of citizenship produced, as aforesaid: And for each certifi-
cate delivered, as aforesaid, the said collectors shall be entitled to receive
from the seaman applying for the same, the sum of twenty-five cents.
SEc. 5. And, in order that full and speedy information may be ob- impressment In case of the
or
tained of the seizure or detention, by any foreign power, of any sea- detention of
men employed on board any ship or vessel of the United States, Be it seamen, master
further enacted, That it shall, and hereby is declared to be the duty of of the ship to
the master of every ship or vessel of the United States, any of power,the crew make a protest,
impresed or detained by any foreign at
whereof shall have been

FOURTH CONGRESS. Srss. I. Cn. 37. 179.
Masterto make the first port at which much ship or vessel shall arrive, if such impress-
a rotest in case ment or detention happened on the bigh seas, or if the same happened
Yr impressment
of seamen, within any foreign port, then in the port in which the same happened,
immediately to make a protest, stating the manner of such impressment
or detention, by whom made, together with the name and place of resi-
dence of the person impressed or detained; distinguishing also, whether
he was an American citizen; and if not, to what nation he belonged.
And it shall be the duty of such master, to transmit by post, or other-
wise, every such protest made in a foreign country, to the nearest consul
or agent, or to the minister of the United States resident in such country,
if any such there be ; preserving a duplicate of such protest, to be by
him sent immediately after his arrival within the United States, to the
Secretary of State, together with information to whom the original pro-
test was transmitted: And in case such protest shall be made within the
United States, or in any foreign country, in which no consul, agent or
minister of the United States resides, the same shall, as soon thereafter
as practicable, be transmitted by such master, by post or otherwise, to
the Secretary of State.
Secretary of SEC. 6. And be it further enacted, That a copy of this law be trans-
State, and Sec- mitted by the Secretary of State, to each of the ministers and consuls
retary of the
Treasury, to of the United States, resident in foreign countries, and by, the Secretary
transmitthis act.of the Treasury, to the several collectors of the districts of the United
States, whose duty it is hereby declared to be, from time to time, to
make known the provisions of this law, to all masters of ships and vessels
of the United States entering, or clearing at their several offices. And
Master of ship the master of every such ship or vessel shall, before he is admitted to an
fore admission entry, by any such collector, be required to declare on oath, whether any
to an entry. of the crew of the ship or vessel under his command have been impressed
or detained, in the course of his voyage, and how far he has complied with
the directions of this act: and every such master as shall wilfully neglect
Penalty on or refuse to make the declarations herein required, or to perform the
masters of ships duties enjoined by this act, shall forfeit and pay the sum of one hundred
violating this
act. dollars. And it is hereby declared to be the duty of every such collector
to prosecute for any forfeiture that may be incurred under this act.
Collectors to Sec. 7. And be it further enacted, That the collector of every port
send a list, &c. of entry in the United States shall send a list of the seamen registered
to the Secretary
of State every under this act, once every three months, to the Secretary of State, to-
three months. gether with an account of such impressments or detentions, as shall
appear, by the protests of the masters, to have taken place.
Limitation of SEC. 8. And be it furthr enacted, That the first, second and third
parts of the act. sections of this act shall be in force for one year, and from thence to
the end of the next session of Congress thereafter, and no longer.
STATUTE I.
May 28, 1796. CHAP. XXXVII.-9n Act laying duties on Carriogesfor the conveyance of
persons ; and repealing the former act for thai purpose.
[Repealed.]
Act ofJune 5, SECTION 1. Be it enacted by the Senate and House of Representatives
1794, ch. 45. of the United States of America in Congress assembled, That from and
Act of July 24,
1813, ch. 24.
after the last day of August next, the duties laid by the act, intituled
Act of Dec. 15, "An act laying duties upon carriages for the conveyance of persons,"
1814, ch. 12. shall cease, and shall not thenceforth be collected; but in lieu thereof,
Former duties
to cease, and there shall be levied, collected and paid, the following yearly rates and
others laid in duties upon all carriages for the conveyance of persons, which shall be
lieu of them. kept by, o'r for any person, for his or her own use, or to be let out for
hire, or for the conveyance of passengers, to wit: For and upon every
coach, whether driven wit'h'a box, or by postilion, the yearly sum of
fifteen dollars: For and upon every chariot, post-chariot and post-chaise,
the yearly sum of twelve dollars: For and upon every phton for the

FOURTH CONGRESS. SESS. I. CH. 37. 1796.
conveyance of one or more persons, with or without a top; and for and
upon every coachee, or other carriage, having pannel-work, with blinds,
glasses or curtains in the upper division of the sides, front or back
thereof, the yearly sum of nine dollars: For and upon every four wheel
carriage, having framed posts and tops, and hanging on steel springs,
(whether drawn by one or more horses) the yearly sum of six dollars:
For and upon every four wheel top-carriage, hanging upon wooden or
iron springs or jacks, (whether drawn by one or more horses;) and
upon every curricle, chaise, chair, sulkey', or other two wheel top-carri-
age, and upon every two wheel carriage, hanging or resting upon steel
or iron springs, the yearly sum of three dollars; and for and upon every
other two wheel carriage, the yearly sum of two dollars: And upon every
four wheel carriage, having framed posts and tops, and resting upon
wooden spars, the yearly sum of two dollars: Provided always, that
nothing herein contained shall be construed to charge with a duty, any
carriage usually and chiefly employed in husbandry, or for the transpor-
tation or carrying of goods, wares, merchandise, produce or commo-
dities.
SEC. 2. And be it further enacted, That the duties aforesaid shall be All carriages
levied and collected upon alicarriages usually and chiefly employed for for ancethe
of convey.
persons
the conveyance of persons, by whatever name or description the same to be taxed.
have been, or shall hereafter be known and called. And in cases of Carriages of
doubt, any carriage shall be deemed to belong to that class, to which doubtful class.
the same shall bear the greatest resemblance (to be determined in man-
ner herein after provided) and shall be subject to duty accordingly.
SEC. 3. Andbe it further enacfed, That the duties aforesaid qhall be These duties
levied, collected, received and accounted for, by and under the . -ne- lected, &c.
diate direction of the supervisors and inspectors of the revenue, and
other officers of inspection ; subject to the superintendence, control and
direction of the department of the treasury, according to the authorities
and duties of the respective officers thereof.
SEc. 4. And be itfurther enacted,That every person having or keep- Entry to be
ing acarriage or carriages, upon which a duty or duties slall be pay- a ever
able, according to this act, shall, yearly and in every year, in the month
of September, or within sixty days previous thereto, make and subscribe
a true and exact entry of each anid every such carriage; therein specify-
ing, distinctly, each carriage owned or kept by him or her, for his or
her-use, or for hire, with the description and denomination thereof, and
the rate of duty to which each and every such carriage is liable ; which
entry shall be lodged with the officer of inspection for the district, in
which such owner or person liable for the payment of such duty'shall
reside: and that it shall be the duty of the officers of inspection, to attend, Duty of the
within the month of September in each year, at one 4. more of the most officers of in-
public and convenient places, in each county within tht "respective dis- pet.
tricts, and to give public notice, at least one month pre.ious to such
day, of the time and place of such attendance, and to receive such entry
made in the manner before directed, at such place, or at any other,
where he may happen to be within the said month of September; and
on tender and payment being made of the duty or duties therein men-
tioned, to grant a certificate for each and every carriage mentioned in Certificate to
such entry; therein specifying the name of the owner, the description be granted.
and denomination of the carriage, and the sum paid, with the time when,
and the period for which, such duty shall be so paid: and the forms of
the certificates to be so granted shall be prescribed by the treasury
department; and such certificates, or the acknowledgments of the officer
of inspection, by a credit in his public accounts, shall be the only evi-
dence, to be exhibited and admitted, that any duty imposed by this act
has been discharged: Provided nevertheless, that no certificate shall be
deemed of validity, any longer, than while the carriage-- r which the

FOURTH CONGRESS. SEss. I. C. 37. 1796.
Changeofown. said certificate was granted, is owned by the person mentioned in such
ership. certificate, unless such certificate shall be produced to the officer of in-
spection, by whom it was granted; and an entry shall be thereon made,
specifying the name of the then owner of such carriage, and the time
when he or she became possessed of the same.
Provision for SEC. 5. And be it further enacted, That any and all persons, who
persons begin. shall commence the having or keeping of any carriage, subject to duties,
ning to keep a
carriage after after the month of September, and before the month of September in the
the month of next succeeding year, shall and may, at any time during the month in
September. which they shall so commence the having or keeping of such carriage,
make like entry, in manner bWfore prescribed; and on payment of such
proportion of the duties laid by this act, on such carriage, as the time,
at which he shall commence the keeping of such carriage, to the end of
the month of September then next ensuing, shall bear to the whole year,
shall be entitled to, and may demand like certificates, subject, neverthe-
less; to the conditions before and herein after provided.
When duties SEc. 6. And be it further enacted, That the duties payable by this ac
shall be deemed shall, in respect to any and all persons who shall have or keep carriages,
to commence. during the month of September, be deemed to commence, and
shal.1 be
computed from the last day of the said month: A.nd in respect to per-
sons, who shall commence the having or keeping of carriages, after the.
said month of September, the said duties shall be deemed to commence,:
and shall be computed, from the last day of the month in which they
shall so begin to have or keep such carriages; conformably to which,
the certificates before, and herein after mentioned, shall be issued and
granted.
Penalty on SEc. 7. And be it fiirther enacted, That any person having or keep-
making an un- ing any carriage subject to duty, who shall- make an-untrue or defetive
trne entry; or
no entry 'or not entry, to evade the whole or any part of the duty justly and truly paya-
paying dUties. ble, according to this act, shall lose the sum paid pursuant to such untrue
or defective entry ; and where such untrue or defective entry hath been
made, or where no entry shall be made, or where there shall be a neglect
of payment after entry, such person shall, moreover, in addition thereto,
at any time thereafter, on personal application and demand, at the house,
dwelling, or usual place of abode of such person, by the proper officer
of inspection, be liable, and shall pay the duties by this act imposed,
with a further sum for the benefit of such officer, of twenty-five per
centum : which duties, with the said addition, shall be collected by dis-
tress and sale of the goods and chattels.of the person, by whom the same
Proviso. shall be due and payable : Provided always, that such application and
demand shall not be made until sixty days after the day on which any
duty shall commence; and if entry and payment shall he made, within
the said sixty days, at the office of inspection of the district, or at any
other place, where the inspector may happen to be, the owner of the
carriage shall be exempted from the payment of the said sum of twenty-
five per centuni : Providednevertheless, that if any person, of whom such
application and demanid shall be made, shall forthwith present to such
officer of inspection, a full and exact description, of the carriage or
carriages, on which the duties demanded shall have accrued, with a
statement of the cause, matter or thing, whereby an entire exemption
from duty is claimed, or whereby a right is claimed under this act, to a
remission of a part of the sum demanded, such description and state-
ment being first subscribed and verifiedion oath or affirmation, before
some competent magistrate, by the persoir, by or for whoom the same
shall be presented ; then and in such case, the officer of inspection shall
receive such description and statement, and shall, furthermore, forbear
to collect the duties and sum denanded.
SEc. S. And be it fArtli.r (nacftd, That the .flicers of inspection,
who shall receive the statemeiits and allegations ef persons claiining

either an entire exemption, or a remission of any part of any duty, or Officers or in-
sum demanded under authority, derived from this act, which may be spection to send
presented to them, in manner and form before prescribed, shall forth allegations to
with transmit tie same to the supervisors of their respective districts, their decision.
for their consideration and decision, with such proofs and evidence in
relation thereto, as they shall judge proper. And the supervisors shall
forthwith, on receiving the statements and allegations before mentioned,
with the proofs and evidence accompanying the same, decide thereon,
according to the true intent and meaning of this act.
SEc. 9. And be it further enacted, That the decisions of the super- Decisions of
visors in the cases referred to them, in manner before prescribed, shall supervisors to
be forthwith communicated to the officers of inspection, whom the same be final.
may concern; and such decisions shall be final and conclusive, when
rendered against the demand of any officer of inspection, for any duties
imposed by this act: And in cases, where the said supervisors shall
decide, that the duties in question, or any part thereof, are justly payeble
according to this act, the proper officer of inspection shall forthwith
collect the same, by distress and sale of the goods and chattels of the
persons charged with such duties: Provided nevertheless, that any person Proviso.
aggrieved by the decision of a supervisor, may, within two months, by
application in writing to such supervisor, require that the statements and
proofs, on which such decision was founded, be transmitted to the Secre-
tary of the Treasury, who shall have power to determine thereon, aild
if he judge proper, to direct the duty or duties, which shall have been
collected in consequence of such decision, to be returned; and if any
such .person shall be aggrieved by the decision of the Secretary of the
Treasury, he shall be allowed, within four months, to institute a suit in
the proper district court of the United States, against the supervisor of
the district, for the recovery of any duties collected in pursuance of any
decision rendered in manner aforesaid; but the parties maintaining
such suits shall, in all such cases, be confined to the assignment and
proof of such facts and matters, as may have been previously stated to
the said supervisors, in manner before provided.
Spc. 19. And be it fitrther enacted, That in all cases, where any duty Certificates to
shall be collected, pursuant to this act, whether by distress or otherwise, be given for the
certificates shall be granted for each carriage, in manner, as before pre- duties.
scribed.
SEc. 11. And be it further enacted, That the supervisors of the reve- Power to so-
nue, and inspectors of surveys, shall have power, from time to time, to pervsors andex-
Inpct to
examine, upon oath or affirmation, any officers or persons employed 'inPec o -oath
under them in the collection and receipt of the duties imposed by this the eofficers era-
act : And any officer or person, who shall swear or affirm falsely, touch- t1oy d by them.
ing any matter hereby required to be verified on oath or affirmation, shall,
on conviction thereof, suffer the pains and penalties, which are prescribed
for wilful and corrupt perjury.
Sac. 12. And be it flirther enacted, That it shall be lawful for the President of
President of the United States, atd he is hereby empowered to make U. states to al-
low for collec-
such allowances for compensation to the officers of inspection employed tion of the do.
in the collection of the duties aforesaid, and for incidental expenses, as ties not exceed-
he shall judge reasonable, not exceeding, in the whole, five per centum ingfiveper cent.
on the whole
of the total amount of the said duties collected. amount.
Sa.c. 13. And be it further enacted, That the act, intituled "An Certain actand
act laying duties on carriages for the conveyance of persons," and so parts of act ru-
touch of the fifteenth section of the act, intituled "An act to alter and pealed.
anend the act, intituled An act laying certain duties upon snuff and 1791, ch. 45.
reftined sugar," as authorizes the President of the United States to apply 1-95, ch. 43.
a sum not exceeding five per centum on the totdl amount o'f duties col-
lected on carriages fir the conveva'tce of persons, shall cease, and be
repealed, froit and after the last day of August next; except for the - Exception.
VoW'. L.-61 2S

482 FOURTH CONGRESS. SEss. I. CH.38 1796.
recovery of any duties or penalties, which shall have accrued, and remain
unpaid; any thing in the last section of the act of the last session, intituled
1795, ch. 45. "An act making further provision for the support of public credit, and
for the redemption of the public debt," to the contrary notwithstanding:
Limitation ot And that -this act shall continue in force, until the last day of August,
this act. in the year one thousand eight hundred and one, and no longer.
1801, eh. 11. APPROVED, May 28, 1796.
STATUTE I.
May 28, 1796. CfRAP. XXXVIII.-.n det for the relief of persons imprisonedfor Debt.
[Expired.] SECTION 1. Be it enacted by the Senate and House of Representa-

179S, ch. 5. tives of the United States of America in Congress assembled, That per-
1792, ch. 29. sons imprisoned on process issuing from any court of the United States
Prvileges of in civil actions, shall be entitled to like privileges of the yards or limits
persons
oned ac - of the respective gaols, as, persons confined in like cases, on process
impris-
in civil
tions under U. fr0m the courts of the respective states, are entitled to, and under the
States. like regulations and restrictions.
Oath to bead- SEC. 2. And be it further enacted, That any person imprisoned as
ministered to aforesaid, may have the oath or affirmation herein after expressed, ad-
them. ministered to him by any judge of the United States ; and in case there
shall be no judge of the United States residing within twenty milesof
the gaol wherein such debtor may be confined, such oath or affirmation
may be administered by any two persons, who may be commissioned for
that purpose by the judge of the district court of the United States within
whose jurisdiction the debtor may be confined; the creditor, his agent
or attorney, if either live within one hundred miles of the place of im-
Oath to be ad- prisonmeit, or within the district in which the judgment was rendered,
ministered to having had at least thirty days previous notice by a citation served on
persons impris-
oned for debt, him, issued by the district judge to appear at the time therein mentioned
and by whom, at the said gaol, if he see fit, to shew cause, why the said oath or affirma-
tion should not be so administered : at which time and place, if no suf-
ficient cause, in the opinion of the judge, (or the commissioners ap.
pointed as aforesaid) be shewn, or doth, from examination, appear to
the contrary, he (or they) may, at the request of the debtor, proceed to
administer to him the following oath or affirmation, as the case may be,
viz: "You, , solemnly swear (or affirm) that you have
not estate, real or personal, nor is any, to your knowledge, holden in
trust for you, (necessary wearing apparel excepted) to the amount or
value of thirty dollars, nor sufficient to pay the debt for which you are
imprisoned." Which oath 'or affirmation being administered, the judge
or commissioners shall certify the same under his or their hands to the
prison keeper, and the debtor shall be discharged from his imprisonment
on such judgment, and shall not be liable to be imprisoned again for the
said debt, but the judgment shall remain good and sufficient in law, and
may be salisfied out of any estate which may then or at any time after-
wards belong to the debtor. And whenever the oath aforesaid shall be
administered by commissioners, in addition to the certificate by them
made and delivered to the prison keeper, they shall make return of their
doings to the district court with the commission to them issted to be
kept upon the files and records of the same court.
SEc. 3. And be it further enacted, That if any person shall falsely
Penalty on take the oath or affirmation aforesaid, such person shall be deemed guilty
swearing false-
ly. of perjury, and upon conviction thereof, shall suffer the pains and penal-
ties in that case provided. And the court, upon the motion of the
creditor, shall recommit the debtor to the prison from whence he was
liberated, there to be detained for the said debt, in the same manner as
if such oath or affirmation had not been taken.
1794, ch. 34. Spc. 4. And be it further enacted, That the act, entitled "An act

FOURTH CONGRESS. SESS. 1. CH. 39. 1796.
to continue in force the act for the relief of persons imprisoned for Former act
debt," be and the same is hereby repealed. repealed.
SEc. 5. And be itfurther enacted, That this act shall continue in Limitation of
force for the term of three years. this act for three
years.
STATUTE I.
CHAP. XXXIX.-In Act to ascertain and fix the Military Establishment ff he May 20, 1796.
United States. (Repealed.]
SECTION 1. Be it enacted by the Senate and House of Representatives Military estab-
of the United States of America in Congress assembled, That the mill- lishment after
31st of October
tary establishment of the United States, from and after the last day of next.
October next, be composed of the corps of artillerists and engineers, as Page 507, post.
established by the act, intituled
of~~~~~~" An act providing for raising and
an!nines1"~
ariIeit 1794, ch. 9A.
organizing a corps of artillerists and engineers;" two companies of light
dragoons, who shall do duty on horse or foot, at the discretion of the
President of the United States; and four regiments of infantry, of eight
companies each; the company of dragoons shall consist of one captain,
two lieutenants, one cornet, four sergeants, four corporals, one farrier,
one saddler, one trumpeter, and fifty-two privates; and shall be armed
and accoutred in such manner as the President of the United States may
direct.
SEC. 2. And be it further enacted, That each regiment of infantry Number of
shall consist of one lieutenant colonel commandant, two majors, one officers and men
adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's to each regi-
a ment of infan-
mates, eight captains, eight lieutenants, eight ensigns, two sergeant ma- try.
jors, two quartermaster-sergeants, two senior musicians, thirty-two ser-
geants, thirty-two corporals, sixteen musicians, and four hundred and
sixteen privates: Provided always, that the President of the United Page 507, post.
States may, in his discretion, appoint an additional number of surgeon's
mates, not exceeding ten, and distribute the same, according to the ne-
cessity of the service.
SEC. 3. And be it further enacted, That there shall be one major- Tobe one ma.
general, with two aids-de-camp, one brigadier-general, who may choose jor general with
his brigade-major from the captains or subalternfs of the line; which two aids, &G.
brigade-major shall receive the monthly pay of twenty-four dollars, in
addition to his pay in the line, be entitled to four rations of provisions, Allowance to
for his daily subsistence; and whenever forage shall not be furnished by certain officers
in addition to
the public, to ten dollars per month in lieu thereof: one quartermaster- their pay in the
general; one inspector, who shall do the duty of adjutant-general ; and line.
one paymaster-general: and that the adjuthnfs, quartermasters and pay-
masters of regiments shall be appointed from the subalterns of their Page 507, post.
respective regiments.
Src. 4. And be it further enacted, That the President of the United President or
the U. States to
States cause to be arranged, the officers, non-commissioned officers, cause to be ar.
privates and musicians of the legion of the United States, and light ranged the le-
dragoons, in such manner, as to form and complete out of the same, the cgon and light
dragoons.
four regiments aforesaid, and two companies of light dragoons: -And the sdrpn. r-
supernumerary officers, privates and musicians shall be considered, from aries to be di-
and after the last day of October next, discharged from the service of charged on 31st
the United States. October next.
SEC. 5. And be it further enacted, That the corps of artillerists and and
Artillerists
engineers be completed, conformably to the act of the eighth day of May, engineers to be
one thousand seven hundred and ninety-four, establishing the same, and completed.
prescribing the number and term of enlistments, and the method of
organization.
Sac. 6. And be it further enacted, That the commissioned officers, Two dollars
ist- allowance to
who shall be employed in the recruiting service, to keep up, by enlt- each recruit.
mnents, the corps of artillerists, infantry and dragoons aforesaid, shall be

484 FOURTH CONGRESS. SEss. 1. CH.39. 1796.
entitled to receive, for every able-bodied recruit, duly enlisted and mus-
tered, of at least five feet six inches in height, and not under the age of
eighteen, nor above the age of forty-six years, the sum of two dollars.
Bounty to cer- - SEC. 7. And be it further enacted, That there shall be allowed and
tain soldiers on paid to each soldier now in the service of the United States,.or dis-
re-enlisting for
five years. charged therefrom, subsequent to the third day of March, one thousand
seven hundred and ninety-four, who shall re-enlist, for the term of five
years, unless sooner discharged, a bounty of sixteen dollars; and to
each person not now in the army of the United States, or discharged,
as above, who shall hereafter enlist for the term aforesaid, a bountyof
fourteen dollars; but the payment of four dollars of the bounty of each
and every man so enlisting, shall be deferred, until he shall have joined
the corps, in which he is to serve.
Uniform cloth- SEC. S. And be it further enacted, That every non-commissioned
ing fdr artillery officer, private and musician of the artillery and infantry, shall receive,
and infantry. annually, the following articles of uniform clothing, to wit: one hat, one
coat, one.vest, two pair of woollen, and two pair of linen overalls, four
pair of shoes, four shirts, four pair of socks, one blanket, one stock and
clasp, and one pair of buckles.
For dragoons. SEC. 9. And be it further enacted, That suitable clothing be provided
for the dragoons, adapted to the nature of the service, and conformed,
as near as may be, to the value of the clothing, allowed to the infantry
and artillery.
Rations. SEC. 10. And be it further enacted, That every non-commissioned
officer, private and musician shall receive, daily, the following rations
of provisions, to wit: one pound of beef, or three quarters of a pound
of pork, one pound of bread or flour, half a gill of rum, brandy or
whiskey; and at the rate of one luart' of salt, two quarts of vinegar,
two pounds of soap, and one pound of candles, to every hundred rations.
Additioual al- SEC. 11. Provided always, and be it further enacted, That to those
lowance to those in the military service of the United States, who are, or shall be er-
employed on the
fiontiEfs. ployed on the western frontiers, there shall be allowed, during the time
of their being so employed, two ounces of flour or bread, and two ounces
Page 507, post. of beef or pork, in addition to each of the rations, and half a pint of
salt, in addition to every hundred of their rations.
Mvonthly pay. SEC. -2. And be it Jitrther enacted, That the monthly pay of the
officers, non-commissioned officers, musicians and privates, of the mili-
tary establishment, be as follows: a major-general, one hundred and
sixty-six dollars; a brigadier-general, one hundred and four dollars;.
quartermaster, inspector, and paymaster-generals, each, in addition to
their pay in the line, twenty-five dollars; principal artificer, forty dollars;
second artificer, twenty-six dollars; lieutenant-colonel-commandant, se-
venty-five dollars; major of artillery and of dragoons, fifty-five dollars;
major of infantry fifty dollars: paymaster, adjutant and regimental quar-
terniaster, in addition to their pay in the line, ten dollars; captain, forty
dollars; lieutenants, twenty-six dollars; ensigns and cornets, twenty
dollars; surgeons, forty-five dollars; surgeon's mates, thirty dollars:
sergeant-majors, and quartertnaster-sergeants, eight dollars; senior mu-
sicians, seven dollars* sergeants, seven dollars, corporals, six dollars;
musicians, five dollars: privates, four dollars; artificers allowed to the
i:fl-ntry andiartillery, farriers and saddlers to the dragoons, each, nine
dollars; matrons and nurses in the hospital, eight dollars.
Subsistence. Spw. 13. And be it further nacted, That the commissioned officers
aforesaid, shall be entitled to receive, for their daily subsistence, the
following number of rations of provisons: a major-general, fifteen
rations; a brigadier-general, twelve rations; a lieutenant-colonel-com-
mandant, six rations; a quartermaster, inspector, and paymaster-gene-
rale, each, six rations; and each aid-de-camp shall receive the monthly
pay cf twenty-four dollars, in addition to his pay in the line, be entitled

FOURTH CONGRES'S. SEss.I::, H.39.: 1796.
to four rations of provisions for his daily subsistence; and whenever
forage shall not be furnished by the public, to ten dollars per month, in
lieu thereof; a captain, three rations; a lieutenant, ensign, and cornet, Page 507, post.
each, two rations; a surgeon, three rations; a surgeon's mate, two
rations; a principal, and second artificer, each, two rations, or money
in lieu thereof, at the option of the said officers, at the posts respectively,
where the rations shall become due; and if at such posts, supplies are
not furnished by contract, then such allowance, as shall be deemed
equitable, having reference to former contracts, and the position of the
place in question.
SEC. 14. And be it further enacted, That the officers herein after Allowance in
described shall, whenever forage shall not be furnished by the public, lieu of forage.
receive at the rate of the following enumerated sums, per month, instead
thereof, to wit: a major-general, twenty dollars; a brigadier-general,
sixteen dollars; quartermaster, inspector and paymaster generals, each,
twelve dollars; lieutenant-colonel cominidant, twelve dollars; major, ten
dollars; captain of dragoons, eight dollars; lieutenant and cornet, each,
six dollars; surgeon, ten dollars; surgeon's mate, six dollars; principal
artificer, paymaster, adjutant and regimental quartermaster, each, six
dollars.
SEC. 15. And be it further enacted, That every person, who shall Penalty on en-
procure or entice a soldier in the service of the United States, to desert, ticing a soldier
to desert, or on
or who shall purchase, from any soldier, his arms, uniform clothing, or purchasing his
any part thereof: and every captain or commanding officer of any ship arms, &c.
or vessel, who shall enter on board such ship or vessel, as one of his
crew, knowing him to have deserted, or otherwise carry away any such
soldier, or shall refuse to deliver him up to the orders of his command-
ing officer, shall, upon legal conviction, be fined, at the discretion of the
court, in any sum not exceeding three hundred dollars, or be imprisoned,
fir any term, not exceeding one year.
SEc. 16. And be it further enacted, That no non-commissioned offi- Soldier not to
cer, or private, shall be arrested, or subject to arrest, for any debt under debtarrested
be for
less than
the sum of twenty dollars. 20 dollars.
SEC. 17. And be it ftrthrr enacted; That if any non-commissioned Deserters to
officer, musician or private, shall desert from the service of the United make
term good their
of" enlist-
States, he shall, in addition to the penalties mentioned in the rules and ment.
articles of war, be liable to serve, for and during such a period, as shall,
with the time he may have served, previous to his desertion, amount to
the full term of his enlistment, and such soldier shall and may be tried
and sentenced by a regimental, or garrison court martial, although the
term of his enliestment may have elapsed, previous to his being appre-
hended or tried.
SEc. IS. Ard be it further enacted, That the sentences of general Sentence of
courts martial, in time of peace, extending to the loss of life, the dismis- general courts
ma-rtial to' be
sion of a commissioned officer; or which shall, either in time of peace sent to the Pre-
or war, respect a general officer, shall, with the whoje of the proceedings sident of United
in such cases, respectively, be laid before the President of the United States.
States; who is hereby authorized to direct the same to be carried into
execution, or otherwise, as he shill judge proper.
SEC. 19. And be it fitrther enacted, That if any officer, non-commis- Wounded sJ-
sioned officer, private or musician aforesaid, shall be wounded or dis- dier be
abled, while in the line of his duty, in public service, he shall be placed Sion list.
on the list of the invalids of the United States, at such rate of pay, and
under such regulations, as shall be directed by the President of the
United States for the time being: Provided abvamys, that tl- rate of
compensation to be allowed for such wounds or disabilities, to a com-
missioned officer, shall never exceed for the highest disability, half the
monthly pay of such officer, at the time of his being so disabled or Rate of cona
wounded; and that the rate ofcompensation to non-commissioned officers, pensation.
2s'2

4§6 FOURTH CONGRESS. 'f&bs. L Ca.49. 176.'
privates and musicians, shall never exceed five dollars per month: And
provided also, that all inferior disabilities shall entitle the person so dis-
abled, to receive an allowance proportionate to the highest disability.
The troops SEC. 20. And be it further enacted, That the officers, non-commis-
aforesaid to be
governed by the sioned officers, privates and musicians aforesaid, shall be governed by
articles of war. the rules and articles of war, which have been established by the United
States in Congress assembled, [except so much of the same as is by this
act altered or amended] as far as the same may be applicable to the
constitution of the United States; or by such rules and articles, as may
hereafter by law be established.
To take oath. SEC. 21. And be it further enacted, That every officer, non commis-
sioned officer, private and musician aforesaid, shall take and subscribe
the following oath or affirmation, to wit : "I, A. B. do solemnly swear,
or affirm [as the case may be] to bear true allegiance to the United
States of America, and to serve them honestly and faithfully, against
their enemies or opposers whomsoever, and to observe and obey the
orders of the President of the United States, and the orders of the offi-
cers appointed over me, according to the rules and articles of war."
Acts coming SEC. 22. And be itfurther enacted, That so much of any act or acts,
within the pur- now in force, as comes within the purview of this act, shall be, and the.
view of this act
repealed. same is hereby repealed; saving, neverfheless, such parts thereof, as
relate to the enlistments or term of service of any of the troops, which,
by this act, are continued on the present military establishment of the
United States.
Staff to con- SEc. 23. And be it fuirther enacted, That the general staff, as autho-
tinetill 4th of rized by this act, shall continue inservice until the fourth day of next
Page 749, post, March, and no longer.
STATUT I.
May 30, 1796. CHAP. XL,-.n Act to regulate the Ompensation of Clerks.
[Obsolete.] SECTION 1. Be it enacted by the Senate and House qf Representatives
Heads of De. of the United States of America, in Congress assembled, That the Secre-
partments to
vary compensa. tary of the Treasury, the Secretary of the department of State, and the
tions to clerks. Secretary of the department of War, be authorized to vary for the pre-
1797, ch. 26. sent year the compensations heretofore established for clerks in their
1798, ch. 43. respective departments, in such manner as the services to be performed
shall in their judgment require.
Addition to SEC. 2. And be it further enacted, That to the aggregate of corn-
the appr pensations for clerks, in the year one thousand seven hundred and nine-
of t794.
tions
ty-four, there shall, during the present year, be farther allowed,
In the Treasury Department, the sum of four thousand dollars, includ-
ig one thousand eight hundred dollars to three additional clerks.
In the Department of State, the sum of two hundred dollars.
In the Department of War, the sum of two hundred dollars. And
that the accountant of the war department may employ a principal clerk
at the salary allowed to principal clerks in the other departments.
And to the Director of the Mint, for one clerk to be employed by
him the additional sum of two hundred dollars.
Allowance to SEC. 3. And be it futrthcr enacted, That there be allowed for the
certain commis- present year to the commissioners of loans in the states of Massachusetts
sioners of loans. and New York, respectively, not exceeding five clerks, at the rate of
five hundred dollars each ; to the commissioner of loans in the state of
Connecticut, not exceeding two clerks, at the rate of four hundred dol-
lars each ; and to the commissioners of loans in the states of Pennsyl-
vania, Virginia and South Carolina, respectively, not exceeding two
clerks, at the rate of five hundred dollars each. The aggregate of the
colnpensations for the clerks employed by either of the said commis-

FOURTH CONGRESS. SEss: I. CH. 41. 1796. 487
sioners to be apportioned among them at his discretion. That there be

allowed for the year aforesaid, in lieu of clerk hire to the commissioner
of loans in the state of New Hampshire, three hundred and fifty dollars;
to the commissioner.of loans, in the state of Rhode Island, four hundred
dollars; to the commissioner of loans, in the state of New Jersey, three See p.730,post.
hundred dollars; and to the commissioner of loans, in the state of Mary-
land, two hundred and fifty dollars.
STATURE I.
CHAP. XL~I.-J!n det making further provision for the expenses attending the May 30, 1796.
intercourseof the United States wils foreign nations; and to continue in force
.the act, intituted "sn act providing the means of intercourse between the United
States andforeign nations.
t0bsolete.]
SeCTION 1. Be it enacted by the Senate and House of Representa- Limitations of
tives of the United States of America in Congress assembled, That the former acts
the
pro-
" An act providing the means of intercourse between the viding
"ntituled m te
nct, intttueedmeans of inter.
Unt'Rd States and foreign nations," passed the first day of July, one course Ivith for-
thousand seven hundred and ninety; together with the second section eign nations.
of the act, intituled "An act to continue in force, for a limited time,
and to amend the act, intituled " An act providing the means of inter- 1790, ch. 22.
course between the United States and foreign nations," passed the ninth 1793, ch. 4.
day of February, one thousand seven hundred and ninety-three, shall be 1794, ch.7.
continued in force, for the term of one year from the passing of this act,
and from thence, until the end of the next session of Congress thee'eafter
holden, and no longer.
Svc. 2. And be itfiurther enacted, That the sum of twenty thousand Appropriations
dollars he, and the same is hereby appropriated, for defraying the ex-
penses which may attend the intercourse between the United States and
foreign nations, during the year one thousand seven hundred and nine-
ty-six, in addition to the sum of forty thousand dollars, annually appro-
priated for that purpose.
SEC. 3. And be it farther enatedl, That so much of the sun appro- for carrying in-
priated by the first section of the act, intituled " An act making further to effect certain
provision for the expenses attending the intercourse of the United States treaties:
with foreign nations; and further to continue in force the act, intituled
"An act providing the means of intercourse between the United States ,eh. 7.
and foreign nations," passed the twentieth day of March, one thousand
seven hundred and ninety-four, as remains unexpended, together with a
further sum of two hundred and sixty thousand dollars, be, and the same-
is hereby appropriated, for the purpose of carrying into effect, any treaty
already made, and to enable the President to effect any treaty or treaties,
with any of the Mediterranean powers.
SEC. 4. And be it further enacted, That the sum of four thousand for ri.,"n'
five hundred and thirty-nine dollars and six cents, be, and the same is CaptainsColvill
hereby appropriated to reimburse certain sums advanced by.Captain and Burnham.
Colvill and Captain Burnham, for their ransom from captivity in Algiers;
which snm, the Secretary of the Treasury is hereby authorized and re-
quired to pay to the said captains Cohill and Burnham, dividing the
same equally between them.
SEc. 5. And be it further enacted, That the President of the United President of
States be authorized to borrow, on the credit of the United States, if, in the U. Srates ro
his opinion, the public service shall require it, a sum not exceeding three cvedin not ex-
borrow
hundred and twenty-four thousand five hundred and thirty-nine dollars 832'4,.Z9 6 cts.
and six cents, at an interest not exceeding six per centum per annum,
reimbursable at the pleasure of the United States, to be applied to the
purposes of this act, and to be repaid out of the duties on imports and
tonnage acgruing dinri.mg the pre-erit .ear. and not ntherwise appropri-

FOURTH CONGRES; SEss. L CH. 43, 44. 176.
ated: And it shall be lawfal for the Bank of the United States to lend
the same.
STATUTE I.
May 30, 1796. CHAP. XLIL.--.n Jet to continue in force, for a limited time, the acts therein
mentioned.
[Expired.]
Acts for sup- SECTION 1. Be it enacted by the Senate and House of Representa-
port of light- tives of the United States of America in Congress assembled, That the act,
houses and for
mitigating and entitled "An act supplementary to the act for the establishment and
remitting forf ci- support of lighthouses, beacons, buoys and public piers,!' so far as the
tures contiiend same provides for defraying the necessary expense of supporting light-
for two years.
houses, beacons, buoys, and public piers, and the stakeage of channels
on the sea coast. And also, the act, entitled "An act to provide for
Ante, p. 339. mitigating or remitting the forfeitures and penalties accruing under the
revenue laws in certain cases therein mentioned," be, and the same are
Ante, p. 122.
hereby continued in force for the term of two years.
Also 13th sec- SEC. 2. And be it firther enacted, That the thirteenth section of
tion of act for th' act, intituled "An act making fiither provision for securing and col-
collecting duties .lecting the duties on fom'eign and domestic distilled spirits, stills, wines
on foreign and
domestic distill- and teas," which section will expire at the end of the present session of
ed spirits, &c. Congress, shall be, and the same is hereby further continued in force, for
for one year. the term of one year from the passing of this act, and from thence to the
Ante, p. 378.
end of the next session of Congress thereafter, and no longer.
ArPRoVED, May 30, 1796.
STATrE I.
May 31, 1796. CHAP. XLIV.-9n .act making provisionfor the payment of certain Debts if the
United Stakes.
[Expired.]
Comnmissioui- SECTION 1. Be it enacted by the Senate and House of Representatives
ers of sinkinuof the Unit'd States of America in Congress assembled, That it shall be
fund, with ap- lawful for the commissioners of the sinking fund, with the approbation
probation ufthe
President of the ef the President of the United States, to borrow, or cause to be borrowed,
United States to on the credit of the United States any sum not exceeding five millions
borrow
$5,000,00o. of dollars, to be applied t? the payment of the capital, or principal of
How tobeap- any parts of tile debt of the United States now due, or to become due,
plied. during the course of the present year, to the bank of the United States,
or to the bank of New York, or for any instalment of foreign debt; And
that, for the whole, or such part of the said sum, as shall be borrowed,
certificates shall be issued, purportitgthat the United States are indebted
for the sums to be therein expressed, bearing an interest of six per
centum per annum, payable quarter yearly; which sums, at the said rate
(tf iuterdst, are to remain fixed and irredeemable, until the close of the
year one thousand eight hundred and nineteen, and to be redeemed
thereafter, at the pleasure of the United States: And the bank of tie
United States is hereby authorized to lend the whole, or any part, of the
said five millions of dollars, and to sell the stock received for such loan.
And credits to SEC. 2. And be it further enacted, That credits for the sums wvhicl
be entered. shall be borrowed, pursuant to this act, shall be entered and given on the
books of the treasury, in like manner as for the present domestic funded
Certificates debt; and that certificates, for sums not less than one hundred dollars,
for not less than pursuant to the provisions herein contained, shall be issued by the Re-
$10to
sied. be is- gister of the Treasury; which shall be transferable in like manner, and
by the like ways and means, as are provided by the seventh section of tile
act, intituled,"An act making provision for the debt cf the United
Ante, p. 139. States," touching the credits or stock therein mentioned; and that the
interest to be paid upon the steck, which shall be constituted by virtue
of the loan herein proposed, shall be paid at the offices or places, where

FOURTH CONGRESS. SESS. I. CH. 45. 1796. 489
the credits for the same shall, from time to time, stand or be; subject to
the like conditions and restrictions as are prescribed in and by the eighth
section of the act last aforesaid.
SEC. 3. And be it further enacted, That it shall be deemed a good How the pow.
execution of the power to borrow, herein granted, for the said commis- er maytobe borrow
exech.
sioners of the sinking fund, to cause to be constituted, certificates of t bd.
stock of the description herein mentioned, and to cause the same to be
sold in the United States, or elsewhere: Provided, That no more than
one moiety of the said stock shall be sold under par: And it shall be
lawful for the commissioners of the sinking fund, if they shall find the
same to be most advantageous, to sell such and so many of the shares
of the stock of the bank of the United States, belonging to the United
States, asthey may think proper; and that they apply the proceeds thereof
to the payment of the said debts, instead of selling certificates of stock,
in the manner prescribed in this act. And such of the revenues of the
United States, heretofore appropriated for the payment of interest of Appropriation
debts, thus discharged, shall be, and the same are hereby pledged and forpayment of
the the interest.
appropriated, towards the payment of the interest, and instalments of
principal, which shall hereafter become due, on the loan obtained of the
bank of the United States, pursuant to the eleventh section of the act
for incorporating the subscribers to the said bank.
SEc. 4. And be it further enacted, That such of the revenues of the Funds dppro-
United States, heretofore appropriated for the payment of interest on prited for pay-
ment of interest
such debts as may be liberated or set free, by payments from the pro- and principal.
ceeds of the loan herein proposed, together with such further sums of
the proceeds of the duties on goods, wares and merchandise imported;
on thd tonnage of ships or vessels; and upon spirits distilled in the
United States, and stills; as may be necessary, shall be, and the same
are hereby pledged and appropriated for the payment of the interest
which shall be payable upon the sums subscribed to the said loan; and
shall continue so pledged and appropriated, until the principal of the
said loan shall be fully reimbursed and redeemed.
SEC. 5. And be it further enacted, That the principal of the said Principal irre.
loan, bearing interest as aforesaid, shall remain fixed and irredeemable deemable until
by the United States, until the close of the year one thousand eight hun- the year 1819.
dred and nineteen; after which period, the said loan shall be redeemed,
at the pleasure of the United States: and the funds which shall be libe-
rated by the discharge of the stock of the United States, bearing a pre-
sent interest of six per centum, or so much thereof, as may be necessary,
shall be, and the same are hereby pledged and appropriated for the said
redemption.
SrC. 6. And be it further enacted, That the department of the trea- Duty of treas-
sury, according to the respective duties of the officers thereof, shall, and hydepartent
they are hereby directed to establish such forms and rules of proceeding,
touching the execution of this act, as shall he conformable with the pro-
visions thereof.
ITATUTE 1.
CHP.XLV.d-3 .ctproviding Passportsfor the ships and vessels of the L'tifed June 1, 1796.
States.
Ant of March
SECTION 1. .Beit enafted by-the Senate and Hose of R(presentatirrs 2, la3, ch. 16.
of the Vnited SZtatrs of America in Conress assembhd, That it shall be Ps port frar.
the duty of the Secre'tarv of State, to prepare a form, which, when ap- of Slateto be
proved by the Prusideut, shall be deemed the form of a passport for approved bythe
ships and" vessels of the Uniited States. President.
SeC. . And be it' (',ethr ena:ted,That every ship and vessel of the
United States, going to nV foreign couatry, shall, before she departs
from the United States, at the request of the master, be furnished by
.-
Vo. L-62

FOURTH CONGRESS. Ssss. I. Cn. 46. 1796.
Vessels to be the collector for the district, where such ship or vessel may be, with a
furnished there- passport of the form prescribed and established, pursuant to the forego-
with. ing section; for which passport, the master of such ship or vessel, shall
pay to the said collector, ten dollars, to be accounted, for by him; and
1831, eb. 20. in order to be entitled to such passport, the master of every such ship
or vessel shall be bound with sufficient sureties, to the Treasurer of the
United States, in the penalty of two thousand dollars, conditioned, that
the said passport shall not be applied to the use or protection of any
On sale or other ship or vessel, than the one described in the same; and that, in
loss of the sbp, case of the loss or sale of any ship or vessel having such passport, the
passport to be
delivered up. same shall, within three months, be delivered up to the collector from
whom it was received, if the loss or sale take place within the United
States; or within six months, if the same shall happen at any place
nearer than the Cape of Good Hope; and within eighteen months, if at
a more distant place.
Vesselstopay SEC. 3. And be it further enacted, That there shall be paid on every
collectors cer. ship and vessel of the United States sailing or trading to any foreign
tainsums every
voyage v country, other than some port or place in America, for each and every
voyage, the sum of four dollars, to be received and accounted for, by
1831, (h.20. the collector, at the time of clearing outward, if such vessel be bound
direct to such foreign country, from any port of the United States, or at
the time of entry in the United States, if such ship or vessel shall have
sailed to such foreign country, from any port or place in America, other
than of the United 9tatts.
Penalty on SEC. 4. And be it fizrther enacted, That if any ship or vessel of the
sailing without United States, shall depart therefrom, after the first day of September
passport after
first September. next, and shall be bound to any foreign country, other than to some port
or place in America, without such passport, the-master of such ship or
vessel shall forfeit and pay the sum of two hundred dollars for every such
offence..
STATUTE 1.
June 1, 1796. CHAP. XLVI.-9n SBet regulating thegrants of land appropriatedfor Military
Act of Me) services, and for the Society of the United Brethren, for propagatingthe Gospel
18, 1796, ch. 29. among the Heathen.
Survevor Gen-
uralto Cause SECTION 1. Be it enacted by the Senate and House of Representa.
certain lands to tires of the United States of America in Congress assembled, That the
b surveyed. Surveyor General be, and he is hereby required, to cause to be surveyed,
Po0t, p. 724. the tract of land beginning at the northwest corner of the seven ranges
of townships, and running thence fifty miles due south, along the western
boundary of the said ranges; thence due west to the main branch of the
Scioto river; thence up the main branch of the said river, to the place
where the Indian boundary line crosses the same; thence along the said
boundary line, to the Tuscaroras branch of the Muskingum river, at the
crossing place above Fort Lawrence; thence up the said river, to the
point, where a line., run due west from the place of beginning, will inter-
sect the said river; thence along the line so run to the place of begin-
ning; and shall cause the said tracts to be divided into townships of five
miles square, by running, marking and numbering the exterior lines of
the said townships, and marking corners in the said lines, at the dis-
tance of two and one half miles from each other, in the manner directed
bv the act, intituled "An act providing for the sales of the lands of the
United States, in the territory northwest of the river Ohio, and above
the mouth of Kentucky river;" and that the lands above described,
except the salt springs therein, and the same quantities of land adjacent
thereto, as are directed to be reserved with the salt springs, in the said
recited act, and such tracts within the boundaries of the same, as have

FOURTH CONGRESS. Suss. 1. CH. 47. 1796. 491
been heretofore appropriated by Congress, be, and they are hereby, set
apart and reserved for the purposes herein after mentioned.
SEc. 2. And be it further enacted, That the said land shall be granted Duty of the
only in tracts containing a quarter of the township to which they belong
"Treasury
Secretary of the
here.
lying at the corners thereof; and that the Secretary of the Treasury in.
shall, for the space of nine months, after public notice in the several
states and territories, register warrants for military services, to the amount 1800, ch. S.
of any one or more tracts, for any person or persons holding the same ;
and shall immediately after the expiration of the said time, proceed to
determine, by lot, to be drawn in the.presence of the secretaries of state
and of war, the priority of location of the said registered warrants; and Priority oflo.
the person or persons holding the same, shall severally make their loca- cation how de-
i termined,
tions, after the lots shall be proclaimed, on a day to be previously fixed
the before mentioned notice ; in failure of which, they shall be post-
poned in locating such warrants, to all other persons holding registered
warrants: And the patents for all lands located under the authority of and patents
this act,shall be granted in the manner directed by the before mentioned granted.
act, without requiring any fee therefor.
SEC. 3. And be it further enacted, That after the time limited fur Privilege- to
making the locations, as aforesaid, any person or persons holding war- certain persons
holding war.
rants, of the before mentioned description, sufficient to cover any one or rants,
more tracts, as aforesaid, shall be at liberty to make their locations, on
any tract or tracts not before located.
SEC. 4. And be itfutlter enacted, That all the lands set apatt by the and lands unlo-
first section of this act, which shall remain unlocated on the first day of cated after the
January, in the year one thousand eight hundred, shall be released from ostJanuary,
the said reservation, and shall be at the free dispositionof the United sitio of Uited
States, in like manner as any other vacant territory of the United States. States.
And all warrants or claims for lands on account of military services, Claims limited.
which shall not, before the day aforesaid, be registered and located, shall Post, p. 724.
be forever barred.
SEc. 5. And be it further enacted, That the said surveyor general be, Three tractq
and he is hereby, required to cause to be surveyed three several tracts to be surveyed
of, land, containing four thcusand acres each, at Shoenbrun, Gnaden- for Sociny th-
hutten, and Salem; being the tracts formerly set apart, by an ordinance Gospel among
of Congress of the third of September, one thousand seven hundred and the heathei.
eighty-eight, for the society of United Brethren for propagating the gos-
pel among the heathen ; and to issue a patent or patents fbr the said
three tracts to the said society, in trust, for the uses and purposes in the
said ordinance set forth.
SEc. 6. And be it further enacted, That all navigable streams or rivers Reserva'ions.
within the territory to be disposed of, by virtue of this act, shall be
deemed to be and remain public highways. And that, in all cases,
where the opposite banks of any stream not navigable shall belong to
different persons, the stream and the bed thereof shall be common to
both.
STA rTO 1.
CHAP. XLVII.--nact forthe admissionof the State of Tennessee into i/e Union.- June 1, 1796.
WHERRAs by the acceptance of the deed of cession of the state of Ante, p. 105.
North Carolina, Congress are bound to lay out into one or more 'states,
the territory thereby ceded to the United States:
Be it enacted by the Senate andHouse of Representativesof the Unitcd Cerlai'i terri-
States of America in Con-wress ,Issembled, That the whole'of the terri- berne
torvdeclared to
stite ar-
tory ceded to the United Statcs by the state of North Carolina, shall be der the name of
one state, and the same is hereby declared to be one of the United States Tennessee.
of America, on an equal footing with the original states, in all respects

FOURTH CONGRESS. Sass I. C. 48, 49. 1796.
whatever, by the name and title of the State of Tennessee. That until
the next general census, the said state of Tennessee shall be entitled to
one Representative in the House of Representatives of the United
States; and in all other respects, as far as they may be applicable, the
1802, C,. 1. laws of the United States shall extend to, and have force in the state of
Tennessee, in the same manner, as if that state had originally been one
STATUTE .
June 1, 1796. CHAP. XLVIII.-Yn Jet making an appropriationto satisfy certain Derand
attending the late Insurrection; and to increase the compensation to Jurorsand
[Obsoete.] Witnesses in the Courts of the United States.
Appropriation SECTION 1" Be it enacted by the Senate and House of Representatives
ordeoraying tx. of the United States of America in Congress atsembled, That a sum, not
peases on trial
of persons con- exceeding twenty thousand dollars, out of any monies not otherwise ap-
cerned in the propriated, be, and the same is hereby appropriated to the discharge
late inurrec. of certain incidental demands, occasioned by the trial of persons for
tion. crimes and offences during the late insurrection, for the payment of
which no special provision has been made by law.
Additional SEC. 2. And be it further enacted, That in addition to the compen-
compensation to sation now allowed by law to jurors and witnesses, attending in the
jurors, &C. courts of the United States, there shall be allowed and paid to each
1792, ch. 36. grand and petit juror, for his attendance, fifty cents per day; and to
each witness, for like attendance, fifty cents per day.
Ap-r-,priation SEC. 3. And be it fArthcr enacted, That the sum of ten thousand
For clerks of dollars, out of any monies not otherwise appropriated, be, and the same
courts and ju- is hereby appropriated, for defraying the expense of clerks of courts,
rors. jurors and witnesses, for the year one thousand seven hundred and,
ninety-six, in aid of the fund arising from fines, forfeitures and penalties,
and of the appropriations already made for that purpose.
STATUTE I.
June 1,1796. CHAP. XLIX.-9n ltet limiting the time for the allowance of Drawback on the
E'xportation of Domestic distilled Spirits, and allowing a Drawback upon such
l
[Obso eta.] Spirits exported in vessels of less than thirty tons, by the Mississippi.
Drawbacks in SECTION 1. Be it enacted by the Senate and House qf Rtpresentatives
what cases al. of the United States of America in Congress assembled, That from and
lowed.
after the first day of July next, no drawback shall be allowed on any of
the spirits distilled in the United States, which shall not be exported,
pursuant to regulations heretofore enacted, and in force, within twelve
months from the time when such spirits were distilled, to be ascertained
by the dates of the certificates which may and ought to accompany the
said spirits, at the time of exportation.
56 section of Spc. 2. And be it further enacted, That the restriction in the fifty-
certain act sus. sixth section of the act, intituled "An act, repealing after the last day of
penled with re'
gard to the Ohio June next, the duties heretofore laid upon distilled spirits imported from
and Mississippi. abroad, and laying others in their stead; and also, upon spirits distilled
1791, ch. 15. in the United States, and for appropriating the same," shall, from and
after the first day of July next, be suspended, and cease to operate for
Repele I 1S02, the space of one year, so far as the said restriction respects any distilled
cl. 19. spirits which may be exported from the district of Louisville, in the state
of Kentucky, or from any district which may be hereafter established on
the rivers Mississippi or Ohio, or the branches thereof.

FOURTH CONGRESS. SEss. I. CH.-50, 51. 1796. 493
STATUTE 1.
CHAP. L.-kn .ct making further appropriationsfor the. year one thousand June 1, 1796.
seven hundred and ninety.six. [Obsolete]
SECTION 1. Be it enacted by the Senatc and House of Representa- Additional ap-
tives of the United States of America in Congrtss assembled, That in propriatioas fbr
addition to the sums heretoford appropriated, there be further appro- D96.
priated for and during the present year, the following sums, that is to
say: In the Department of State, for the compensation of clerks, two
hundred dollars: In the Department of the Treasury, for the compensa-
tion of clerks, four'thousand dollars: In the Department of War, for'the
additional salary of the accountant, four hundred dollars; and for the
additional compensation of clerks in the said departmient, seven hun-
dred dollars; and in the mint of the United States, for the additional
salary of a clerk, two hundred dollars.
SEC. 2. And be it further enacted, That for the compensation of Loan ofice
.clerks in the several loan offices; and for defraying the expenges of clerks.
books and stationery for the said offices, during the.present year, and
during the year one thousand'seven hundred and ninety-five, there be
appropriated a sum not exceeding fourteen thousand dollars.
SEC. 3. And be itfu'ther enacted, That there be further appropriated Foreign inter.
towards defraying -the .extraordinary expenses which may be incurred course.
during the year one thousand seven hundred and ninety-six, for foreign
intercourse, a sum not exceeding twenty-three thousand five hundred
dollars, in addition to the sum already appropriated for that purpose, by
the second section of the act of the present session, intituled " An act
making further provision for the expenses attending the intercourse of Contingent ex-
the United States with foreign nations;
, and to continue in force the act, penses
ernment.
of gov-
entitled "An act providing the means of iitercourse between the United 1796, ch. 41.
States and foreign nations-"
.SEC. 4. And be it further enacted, That there be appropri-tted for
the contingent expenses of the government of the United States, a sum
not exceeding twenty thousand dollars, subject to the disposition of the
President of the United States, and for the payment of such miscella-
neous demands against the United States, other than those on account
of the civil department, not otherwise provided for, and which shall
have been ascertained and admitted in due course of settlement at the
treasury, and which are of a nature, according to the usage thereof, to Out. of what
require payment in specie, a sum not exceeding two thousand dollars; funds payable.
and that the several appropriations herein before made, be, and the same
are hereby directed to be paid out of the proceeds of the duties 6n im-
ports and the tonnage of ships and vessels, and the duties on domestic
distilled spirits and on stills, which shall accrue until the close of the
present Year.
STATUTE I.
CHAP. LI.-I.n ,Ydcmaking appropriationsfor the support of the Military -and June 1, 1796.
Nfaval Establishments for the year one thousand seven h,*,dredand nine-sx. [be
~[Obsolete.]
SzCTION 1. Be it enacted by the Senate and House of Represcntfatires Appropriations
of the United States of A'nfrica in Congress assemiblcd, That including for military
the appropriation of five hundred thousand dollars, made for the military establishment.
establishment for the year one thousand seven hundred and ninety-six,
by an act of the present session, there be appropriated for the military
and naval .establishments, a sum not exceeding one million, three hun-
dred and eighteen thousand, eight hundred and seventy-three dollars;
that is to say : For the pay of the army of the United States, the sum
of two hundred and seventy-three thousand, six hundred and sixty-six
dollars: For subsistence of the officers of the army, the sum of forty-
five thousand six hundred and six dollars: For the subsistence of the
2T

FOURTH CONGRESS. SEss. I. Cit. 52. 1796.
Appropriations non-commissioned officers and privates, the sum of three hundred thou-
for military es- sand dollars: For forage, the sum of sixteen thousand five hundred and
tablishment, ninety-two dollars: For clothing, the sum of seventy thousand dollars:
For purchase of horses for the cavalry, the sum of three thousand seven
hundred and fifty dollars: For bounties, the sum of ten thousand dol-
lars: For the hospital department, the sum of thirty thousand dollars:
For the ordnance department, the sum of forty thousand dollars: For
the Indian department, the sum of sixty thousand dollars: For the
quartermaster's department, the sum of two hundred thousand dollars:
For contingencies of the war department, the sum of thirty thousand
dollars: For the defensive -protection of the frontiers, the sum of one
hundred thousand dollars: For the completion of the fortifications, mag-
azines, store houses and barracks at West Point, the sum of twenty
thousand dollars: For the pay and subsistence of three captains in the
naval department, the sum of five thousand dollars: For the payment
of military pensions, including an allowance to the widows and children
of officers, under an act, intituled "An act in addition to .the act for
making further and more effectual provision for the protection of the
1794, ch. 52. frontiers of the United States," the sum of one hundred and fourteen
thousand two hundred and fifty-nine dollars.
Out of what SEC. 2. And be it further enacted, That the several appropriations
funds payable. 'herein before made, shall be paid and discharged out of the funds fol-
lowing, to wit: First, The surplus of the sum of six hundred thousand
3790, ch. 34. dollars, reserved by the act "making provision for the debt of the United
States;" and which shall accrue, during the year one thousand seven
hundred and ninety-six: Secondly, The surplus of revenue and income
beyond -the appropriations heretofore charged thereupon, to the end of
the year one thousand seven hundred and ninety-six; and, Thirdly, The
surplus which shall remain unexpended, of the monies appropriated to
the use of the war department, for the year one thousand seven hundred
and ninety-five.
President of SEC. 3. And be it further enacted, That the President of the United
United States States be empowered to borrow, at an interest not exceeding six per
may borrow
$650,000 to sa- centum, of the. Bank of the United States, which is hereby authorized
tisfy this act. to lend the same; or of any body or bodies politic, person or persons,
any sum or sums not exceeding in the whole, sik hundred and fifty thou-
sand dollars, and to be applied to the purposes aforesaid, and to be re-
imbursed, as well interest as principal, out of the funds aforesaid.
APPROVED, June 1, 17'36.
STATUTE 1.
June 1, 1796. CHAP. LII.-dn ret providing relief to the owners of Slills wt/nll the United
[Obsol ete.] States, for a limited time, in certaincases.
Distillers when Be it enacted by the Senate and House of Representatives of the
admitted to ana United States of America in Congress assembled, That in every case
election to p y of a distiller, who hath entered his still or stills, in such manner, as to
monthly
stylls duty
d o
on be liable to pay the duty of fifty-four cents upon the capacity or capaci-
ties thereof, for the year to end in June, one thousand seven hundred
and ninety-six, wherein it shall be made to appear to the supervisor of
the district, that the said distiller has been really and truly prevented
from employing or working his still or stills, during any part of the term
aforesaid, by the destruction or failure of fruit and grain, or any other
unavoidable cause within the district in which he resides, it shall and
may be lawful for the said supervisor, on application made to him, atly
time before the last day of September next, to admit such distiller to the
benefit of an election, to pay, inlieu of the duty on the capacity of his
still or stills for the year, the monthly duty of ten cents per gallon of the
capacity for the time he employed his still or stills.

FOURTH CONGRESS. SESS. I. C1. 53. RESOLUTION. 1796.
STATUT9 I.
CHAP. LIII.-qn .dct to suspend, in part, the act intituled ".Sn act to alter and June 1, 1.796.
amend the act intituled 3in act laying certain duties upon Snuff and refined
Sugar." [Obsolete.]
Be it enacted by the Senate and House of Representatives of the Certain act
laying duty on
United States of America in Congress assembled, That so much of the snuff mills, &c.
act intituled "An act to alter and amend the act, intituled An act suspended.
laying certain duties upon snuff and refined sugar," as respects the 1795, ch. 43.
duties therein laid upon mills and implements employed in the manufac-
ture of snuff, and the drawbacks therein allowed upon the exportation
of snuff manufactured within the United States, be suspended, from the
passing of this act, until the end of the next session of Congress.
RESOLUTION. April 18,1796.
RESOLVED by the Senate and House of Representatives of the United 'Relating to in.
States of America in Congress assembled, That the Secretary for the valid pecsion-
Department of War, return to the respective district judges, the names era.
of all such persons, as have been transmitted to him by the several dis-
trict judges, pursuant to the act for the regulation of claims to invalid
pensions; and ifi whose cases, the examining physicians have neglected
to specify the ratio of disability ; together with such defective returns of
physicians. And the said district judges, respectively, shall forthwith
cause the examining physicians to specify the several rates of disability,
which have been so neglected; or, in case of sickness, death, or remo-
vil of one or both such physicians, to make new appointments, and
cause the several rates of disability to be specified, and by the said
physicians returned to them, as soon as may be; of which, they shall
make return to the Secretary at War, who shall, at the session of Con-
gress holden next after, or at the time of such receipt, make return
thereof, with such observations, as he may think proper to subjoin, that
the proper order may be taken thereon by Congress.
APPRoVED, April 1S, 1796.

ACTS OF THE FOURTH CONGRESS
OF THE
UNITED STATES,
Philadelphia,in the state of Pennsylvania, on Monday, the fifth
day of December, 1796, and ended on the third of March, 1797."
United States, and President of the Senate; WILLIAM BINGHAM,
President of the Senate pro tempore, from March 2d, 1797; JoNA-
THAN DAYTON, Speaker of the House of Representatives.
STATUTE IL
Dec. 21,7796 CHAPER I.-Sn Aict to amend the act intituled "A.dn act for the more generalp ro-
[Obsolete.] mulgation of the Laws of the United States."
Act of March Be it enacted by the Senate and House of Representatives of the
3, 1795, ch. 50. United States of America in Congress assembled, That the Secretary
Acts (fpe
sent seso pre for the department of State shall cause to be included in the edition of
how published, the laws of the United States,' directed to be printed by the said act, the
laws of the United States which may be passed during the present ses-
sion of Congress: Provided,the same can be done at an expense which
he shall judge reasonable.
STATUTE IL
Jan. 31, 1797. CHAP. 11.-n Act giving effect to the Laws of the United Slates. within the State
of Tennessee.
Act of June 1, SECTION 1. Be it enacted by the Senate and House of Representatives
1796, ch. 47. ofth U
Act of Feb. 19,of the United States of America in Congress assembled, That all the
1799, ch.8. laws of the United States, which are not locally inapplicable, ought to
Laws to ex- have, and shall have, the same force and effect within the slate of Ten-
tend to'Tennes. nessee, as elsewhere within the United States.
see. And to the end, that the act, intituled "An act to establish the
judi-
Ante, p. 73. cial courts of the United States," may be duly administered within the
state of Tennessee.
District courts. SEC. 2. Be it enacted, That the said state shall be one district, to be
denominated Tennessee district, and there shall be a district court
therein, to consist of one jtidge, who shall reside in the said district, and
be called a district judge, and annually hold four sessions; the first to
commence on the first Monday in April next, and the three other ses-
sions progressively, on the like Mondays of every three calendar months
afterwards. The said district courts shall be held alternately at Knox-
ville and Nashville, beginning at Nashville. And the said judge shall,
in all things, have abd exercise the same jurisdiction and' powers, which
by law are given to the judge of the district of Kentucky.
Salary of the SEC. 3. And be it enacted, That there shall be allowed to the judge
judge. of the said district court, the yearly compensation of eight hundred do]-
1802, ch. 31,
sec. 12. lars, to commence from the date of his appointment, to be paid quarterly
at the treasury of the United States.
And to the end, that the laws providing for the collection of the duties

FOURTH CONGRESS. SEss. I. CH. 3, 5,6. 11797.
imposed by law on goods, wares and merchandise imported into the

United States, and on the tonnage of ships and vessels, may be carried
into effect, in the said state of Tennessee.
SEC. 4. Be it further enacted, That for the due collection of the said Collection dis-
duties, the said state of Tennessee shall be one district, and a collector trict.
shall be appointed to reside at Palmyra, which shall be the only port of
entry or delivery within the said district, of any goods, wares or mer-
chandise, not the growth or manufacture of the United States; and the
said collector shall have, and exercise all the powers, which any other Act of March
collector hath, or may legally exercise, for collecting the duties afore, 2, 1801, ch. 17.
said; and in addition to the fees by law provided, shall be paid the
yearly compensation of one hundred dollars-
STATUTE II.
CHAP. Il.-n Act to augment the Compensation of the Attorney General of the March 2, 1797.
United States. [Obsolete.]
Be it enacted by the Senate and House of Representatives of the Compensation
to Attorney
United States of America in Congress assembled, That the compensa- General.
tion allowed by law to the Attorney General of the United States, shall
be, and the same is hereby augmented, by an addition of the sum of Ante, p. 72.
five hundred dollars per annum, to commence on the first day of Janu-
ary, in the present year, and payable quarter-yearly, at the public trea-
sury.
STATUTE II.
ChAP. V.-Sn Act to continue in force for a limited time, the act, in addition to March 2, 1797.
the act,for the punishment of certain crimes againstthe United States. [Expired.]
Be it enacted by the Senate and House of Representatives of the Act ofJune 5,
1794, ch. 50.
United States of America in Congress assembled, That the act, inti- Act concorn-
tuled "An act, in addition to the act, for the punishment of certain ing crimes con-
crimes against the United States," shall continue and be in force, for tinued.
and during the term of two years, and from thence to the end of the next
session of Congress, and no longer.
STATUTE II.
CHAP. VI.-An Set maing provisionfor the further accommodation of the house- March 2, 1797.
hold rf the Presidentof the United States.
[Obsotete.]
Be it enacted by the Senate and House of Representativesof the United $14,000 erant-
States of America in Congress assembled, That after the third day of ed to the Presi.
defit for his
March next, the President of the United States be, and he hereby is household.
authorized and empowered, to cause to be sold, such articles furnished
by the United States, for the President's household, as may be decayed,
out of repair, or unfit for use, and that the proceeds of such sale, and so
much of a sum not exceeding fourteen thousand dollars in addition
thereto, out of the proceeds of the duties on imports and tonnage which
may accrue during the present year, as the President of the United
States may judge necessary, be, and hereby are appropriated for the
accommodation of the household of the President, to be laid out and
expended for such articles of furniture as he shall direct.
VOL. 1.-63 2 T2

49S FOURTH CONGRESS. Sass. II. Cn. 7, S. 1797.
STATUTE I.
March 2, 1797. Cu,&P. VI. -an Act, in addition to an act, intituted " An act concerningthe
[Obsolete.) registeringand recording of ships or vessels," and to an act, intituled " An
act for enrolling and licensing ships and vessels employed in the coasting trade
Act of Dec. and fisheries, andfor regulating the same."
31, 1792, ch. 1.
Secretary of Be it enacted by the Senate and House of Representatives of the United
Treasury grant States of America in Congress assembled, That whenever it shall ap-
ri zed to autho-
certificates, &c. pear, by satisfactory proof, to the Secretary of the Treasury, that any,
in certain cases, ship or vessel hath been sold and transferred by process of law; and that
the register, certificate of enrolment, or license, as the case may be, of
1793, ch. S. such ship or vessel, is retained by the former owners, it shall be lawful
for the said secretary, to order and direct the collector of the district to
which such ship or vessel may belong, to grant a new register, certifi-
cate of enrolment, or license, as the case may be, on the owners, under
such sale, complying with such terms and conditions, as are, by law,
required for granting of such papers; excepting only the delivering up
of the former certificate of registry, enrolment or license, as the case
may be: Providednevertheless, that nothing in this act contained, shall
be construed to remove the liability of any person or persons to any
penalty for not surrendering up the papers, belonging to any ship or
vessel, on a transfer or sale of the same.
STATUTE II.
March 3,1797. CHAP. VIII.--n Act making appropriationsfor the support of Government, for
[Obsolete.] the year one thousand seven hundred and ninely-seven.
Specifio. ap- SECTION 1. Be it enacted by the Senate and House of Representatives
1797.
propriations for of the United States of America in Congress assembled, That for the
expenditure of the civil list; for the extra expenses of foreign inter-
course; for the support of the mint establishment, lighthouses, beacons,
buoys and public piers, for the year one thousand seven hundred and
ninety-seven ; and to satisfy certain miscellaneous claims, stated in the
report of the Secretary of the Treasury, of the fifteenth day of Decem-
ber, one thousand seven hundred and ninetysix, together with the inci-
dental and coritingent expenses of the several departments, and the
offices thereof, the following sums be respectively appropriated ; that is
to say:
President and For the compensations granted by law to the President and Vice
Vice President. President of the United States, thirty thousand dollars.
Members of For the like compensations to the members of the Senate and House
Congress. of Representatives, their officers and attendants, estimated for a session
of four months' continuance, one hundred and thirty-eight thousand
seven hundred and eighty-six dollars and sixty-seven cents.
Contingencies. For the expenses of firewood, stationery, printing work, and all other
contingent expenses of the two houses of Congress, twelve thousand
dollars.
For the compensations granted by law to the chief justice, associate
judges, district judges, and attorney general, forty-four thousand nine
hundred dollars.
For defraying the expenses of clerks of courts, jurors and witnesses,
in aid of the fund arising from fines, forfeitures and penalties; and like-
wise for defraying the expenses of prosecutions for offences against the
United States, and for safe keeping of prisoners, thirty thousand dollars.
For compensation to the Secretary of State, clerks and persons em-
ployed in that department, seven thousand seven hundred and ninety-two
dollars and sixty-four cents.
For incidental and contingent expenses in the said department, eight
thousand seven hundred and five dollars..

FOURTH CONGRESS. SEss. I. CH. S. 1797.
sons employed in his office, eight thousand seven hundred and fifty Speeifi, ap-
dollars. propriatio's for
the support of
For expense of stationery, printing and all other contingent expenses government for
in the office of the Secretary of the Treasury, five hundred dollars. 1797.
For compensation to the Comptroller of the Treasury, clerks and per-
sons employed in his office, eleven thousand seven hundred and fifty
dollars.
For compensation to the Treasurer and clerks employed in his office,
four thousand five hundred and fifty dollars.
gencies in the Treasurer's office, six hundred dollars.
employed in his office, eleven thousand eight hundred and twenty-five
dollars.
the Auditor's office, seven hundred and fifty dollars.
For compensation to the Commissioner of the Revenue, clerks and
persons employed in his office, five thousand four hundred and twenty-
five dollars.
in the office of the Commissioner of the Revenue, four hundred dollars.
employed in his office, fifteen thousand four hundred and twenty-five
dollars.
in the Register's office, (including books for the public stocks, and for
the arrangement of the marine papers,) two thousand eight hundred
dollars.
For compensation to the purveyor of public supplies, two thousand
dollars, and five hundred dollars for a clerk.
For compensation to the Secretary to the commissioners of the sink-
ing fund, including his salary from the time of his appointment, to the
thirty-first day of December, one thousand seven hundred and ninety-
seven, four hundred and nineteen dollars and seventeen cents.
For the payment of rent for the several houses employed in the trea-
sury department, (except the Treasurer's office,) two thousand six hun-
dred and ninety-three dollars and thirty-three cents.
Treasury department, (except the Treasurer's office) three thousand five
hundred dollars.
public accounts, for the year one thousand seven hundred and ninety-
seven, one thousand dollars.
For the payment of certain incidental and contingent expenses of the
Treasury department, in the year one thousand seven hundred and
ninety-six, beyond the sum which was appropriated, one thousand five
hundred dollars.
For compensation to the several loan officers, thirteen thousand two
For clerk hire and stationery to the commissioners of loans, for the
year one thousand seven hundred and ninety-seven, twelve thousand
dollars.
ployed in his office, eight thousand dollars.
gent expenses of the office of the Secretary of War, two thousand dollars.
For compeiisation to the accountant to the War department, clerks

FOURTH CONGRESS. SESS. IT. CH. 8. 1797.
Specific ap- and persons employed in his office, seven thousand six hundred and fifty
propriations for dollars.
the snport of " For contingent expenses in the office of the accountant to the War
1797. department, six hundred dollars.
For compensation to the Surveyor General two thousand dollars.
For compensation to the assistant surveyors, chain-carriers, axe-men
and other persons employed in carrying into effect the surveys to be
made by the act, intituled" An act providing for the sale of the lands
1796. ch. 29. of the United States, in the territory northwest of the river Ohio, and
above the mouth of Kentucky river, twenty-five thousand dollars.
For compensation to the Governor, Secretary and Judges of the ter-
ritory northwest of the river Ohio, five thousand one hundred and fifty
dollars.
For expenses of stationery, office rent, printing patents for land, and
other bontingent expenses in the said territory, three hundred and fifty
dollars.
one thousand one hundred and thirteen dollars and thirty-three cents.
For the annual allowance to the widow and orphan children ofColonel
John Harding, and to the orphan children of Major Alexander Trueman,
1793, oh. 14. by the act of Congress of the twenty-seventh of February, one thousand
seven hundred and ninety three, seven hundred and fifty dollars.
1793, ch. 28. the late Major-general Mercer, by the act of Congress of the second of
March, one thousand seven hundred and ninety-three, four hundred
dollars.
For defraying the expenses of foreign intercourse, for the year one
thousand seven hundred and ninety-seven, beyond the annual appropria-
tions authorized by the act of Congress, passed the first day of July, one
Ante, p. 128. thousand seven hundred and ninety, intituled "An act providing the
means of intercourse between the United States and foreign nations,"
seventeen thousand nine hundred dollars.
For compensations to the following officers of the mint: The Di-
rector, two thousand dollars; the Treasurer, one thousand two hundred
dollars; the assayer, one thousand five hundred dollars; the chief coiner,
one thousand five hundred dollars; the melter and refiner, one thousand
five hundred dollars; the engraver, one thousand two hundred dollars;
three clerks, one at seven hundred dollars, and two at five hundred dot-
Jars each, one thousand seven hundred dollars..
For, the Wages of persons employed in the mint, at the different
branches of refining, melting, carpenter's, millwright's, and smith's
work, including the sum of eight hundred dollars per annum, allowed
to an assistant coiner and die-forger, who also overseers the execution
of the iron work, seven thousand dollars.
For the payment of a deficiency which has arisen in the mint, in
coining the precious metals, by reason of wasteage, the sum of one thou-
sand eight hundred and forty-five dollars and ninety-six cents; and for
the payment of a deficiency which has arisen by reason of the loss of a
quantity of silver, the further sum of nine hundred and seventy-four
dollars and seventy-six cents.
For the purchase of ironmongery, lead, wood, coals, stationery, office
furniture, and for all other contingencies for the establishment of the
mint, seven thousand four hundred dollars.
account of the civil department, not otherwise provided for, as shall be
ascertained and admitted in due course of settlement at the treasury,
and which are of a nature, according to the usage thereof, to require
payment in specie, one thousand dollars.
For the maintenance and support of lighthouses, beacons, buoys, and

FOURTH CONGRESS. SEss. 11. C . 8. 1797.
public piers, and stakeage of channels, bars and shoals, for the year Specific ap-
one thousand seven hundred and ninety-seven, twenty-eight thousand propriations
the support for
of
five hundred dollars. government for
For completing a lighthouse on the island of Seguin, two thousand 1797.
one hundred and seventy dollars.
For completing the payment due for building the lighthouse on Bald-
head, North Carolina, one thousand three hundred and fifty-nine dollars
and fourteen cents.
For completing a lighthouse on Montock-point, two thousand seven
hundred and forty dollars and sixty-seven cents.
For the balance carried to the " Surplus Fund," of an appropriation
for building a lighthouse on Montock-point, thirteen thousand dollars.
For extra clerkship, necessary for a part of the present year in the
loan office, for consolidating the- accounts of assumed and original debt,
agreeable to the thirteenth section of the act passed the third of March, 1795, ch. 45.
one thousand seven hundred and ninety-five, two thousand five hundred
dollars.
For the payment of the representatives of Samuel Patterson, late com-
missioner of the loan office for the state of Delaware, two hundred and
seventy-two dollars and eighty-nine cents.
For the payment of a balance due to James O'Hara, late agent for
the quartermaster's department, two hundred and thirty-five dollars and
eighty-one cents.
For the payment of a balance due to Timothy Pickering, as commis-
sioner appointed to hold the Indian treaties at Konondaigua and Oneida,
three thousand four hundred and sixty-three dollars and twelve cents.
For compensation to persons employed in bringing votes to the seat
of government, for electors of the President and Vice President of the
United States, one thousand six hundred dollars.
For making good certain deficiencies arising from the balance of
monies of various appropriations, being carried to the credit of the 1795, ch. 45.
"Surplus Fund," in pursuance of the sixteenth section of the act'passed
the third of March, one thousand seven hundred and ninety-five, viz:
For payment of the clerks employed by the commissioners of loans,
for the states of Massachusetts, New York and North Carolina, for the
quarter ending the thirtieth of March, one thousand seven hundred and
ninety-five, seven hundred and eighty-nine dollars and seventy cents.
For the payment of a balance due to Timothy Pickering, Beverly
Randolph, and Benjamin Lincoln, commissioners appointed to negotiate
and treat with the Indians, northwest of the river Ohio, on the second
day of March, one thousand seven hundred and ninety-three, three thou-
sand two hundred and forty-seven dollars and fifty-six cents.
For the discharge of such miscellaneous demands against the United
States, not otherwise provided for, as shall have been admitted in due
course of settlement at the treasury, and which are of a nature, accord-
ing to the usage thereof, to require payment in specie, four thousand
dollars.
SEC. 2. And be it further enacted, That the several appropriations
herein before made, shall be paid and discharged out of the fund of six
hundred thousand dollars, reserved by the act " making provision for Ante, p. 138.
the debt of the United States;" together with so much as may be neces-
sary, of the proceeds of the duties on imports, and the tonnage of ships
and vessels, and the duties on domestic distilled spirits and stills, which
shall accrue until the close of the present year.

FOURTH CONGRESS. SEss. If. Ci. 9 1797.
STATUTE II.
March 3, 1797. CNAP. IX.-,In Sfct nlative to the Compensationsand Duties of certain Officers
[Obsolete.] employed in the collection of impost and tonnage.
Compensation SECTION 1. Be it enacted by the Senate and House of Representatives
to officers ofthe of. the United States of America in Congress assembled, That in lieu of
revenue, the commisIsions heretofore established by law, there shall be allowed to
the collectors of the duties of impost and tonnage, on all monies by them
1799, ch. 22. respectively received on account of the duties aforesaid, arising on ton-
nage, and on goods, wares and merchandise, imported after the last day
of March in the present year, as follows, to wit:
Compensation To each of the collectors of the districts of Pennsylvania and New
to collectors. York, one quarter per cent.
TO each of the collectors of the districts of Boston and Charlestown,
and of Baltimore, one half per cent;
To each of the collectors of the districts of Charleston, Salem, and
of Norfolk and Portsmouth, seven eighths of one per cent.
To each of the collectors of the districts of Alexandria, and Savannah,
one per cent.
To the collector of the district of Newburyport, one and one fourth
per cent.
To each of the collectors of the districts of Portsmouth, Portland,
Newport, Providence and New Haven, one and one half per cent.
To each of the collectors of the districts of Georgetown, (in Mary-
land) and Marblehead, two and one half per cent.
To each of the collectors of the districts of New London, Biddeford,
Bath and Wiscasset, two per cent.
And to each of the collectors of the districts of Tappahannock, Ver-
mont, Champlain, Gloucester, Ipswich, Plymouth, Barnstable, Nantucket,
Edgartown, New Bedford, Dighton, York, Penobscot, Frenchman's
Bay, Machias, Passamaquoddy, Waldoborough, Middletown, Fairfield,
Sagg Harbor, Hudson, Perth Amboy, Burlington, Bridgetown, Little
Egg Harbor, Wilmington (in Delaware,) Havre-de-Grace, Chester,
Oxford. Vienna, Snowhill, Annapolis, Nottingham, Nanjemoy, Bermuda
Hundred, Hampton, Yorktown, Yeocomico, Dumfries, Foley Landing,
Cherrystone, Southquay, Kentucky, Wilmington, (North Carolina,)
Newbern, Washington, Edenton, Camden, Georgetown, (South Caro-
lina,) Beaufort, Sundbury, Brunswick, St. Mary's, Hardwick, and Ten-
nessee, three per cent.
SEC. 2. And be it further enacted, That from and after the last day
of March, in the present year, in lieu of the yearly allowances heretofore
established by law, there shall be yearly allowed to the following officers,
the sums following, to wit :
To each of the collectors of the districts of Annapolis, Havre-de-Grace,
Gloucester, Southquay, Yeocomico, Tappahannock, Newbern, Edenton,
Camden, Wilmington, (North Carolina,) Nanjemoy, Ipswich, York,
Washington, Passamaquoddy, Saint Mary's, Vermont, Champlain, and
Bermuda Hundred, the sum of two hundred and fifty dollars.
To each of the collectors of the districts of Oxford, Vienna, Chester,
Sagg Harbor, Nottingham, Hampton, Yorktown, Dumfries, Foley
Landing, Cherrystone, Beaufort, Brunswick and Hardwick, the sum of
two hundred dollars.
To each of the collectors.of the districts of Perth Amboy, Kentucky,
Portsmouth, Hudson, Plymouth, Barnstable, Nantucket, Edgartown,
New Bedford, Dighton, Penobscot, Frenchman's Bay, Machias, New-
port, Middletown, Fairfield, Burlington, Bridgetown, Great Egg Har-
bor; Little Egg Harbor, Wilmington, (in Delaware,) Snowbill, George-
town, (in South Carolina,) Sunbury, Tennessee, Marblehead, New
Haven, and Georgetown, (in Maryland,) the' sum of one hundred and
fifty dollars.

To each of the collectors of Biddeford, Bath, and Wiscasset, one Compensation

hundred dollars. to collectors.
To the naval officer of the district of Portsmouth, two hundred dollars.
To each of the naval officers of the districts of Newburyport, Salem, Compensation
Newport, Providence, Wilmington, (in North Carolina,) and Savannah, to Naval Offi.
the sum of one hundred and fifty dollars. cers.
To each of the surveyors of Salem, Portsmouth, Newburyport, Bristol, Compensation
Warren, East Greenwich, Saint Mary's, Suffolk, Smithfield, Richmond, to Surveyors.
Petersburg, Fredericksburg, Wilmington, Beaufort, and Swansborough,
the sum of two hundred and fifty dollars.
To each, of the surveyors of Newport, Providence, Thomastown,
Beverly, New Haven, Middletown, Hartford, Saybrook, Albany, Hud-
son, Lewellensburg, Portland, North Kingston, Powbatuck, Patuxet,
New London, Stonington, Town Creek, Bermuda Hundred, West
Point, Urbanna, Port Royal, Alexandria, Windsor, Hertford, Plymouth,
Skewarky, Murfreesborough, Bennet's Creek, Winton, Nixonton, New-
biggen Creek, Pasquotank River, Indiantown, Currituck Inlet, Savan-
nah, and New Brunswick, (in New Jersey,) the sum of one hundred
andSEC.
fifty3.dollars.
And be it further enacted, That from and after the last
day Compensation
of March, in the present year, in lieu of the sum heretofore established to Inspectors.
by law, there shall be paid to each inspector, for every day he shall be
employed in aid of the customs, a sum not exceeding two dollars; and
that instead of the sum heretofore established by law, to be paid for the
weighing of every one hundred and twelve pounds, in the districts of To weighers.
Pennsylvania and New York, there shall be paid one cent ; in the dis-
tricts of Boston and Charlestown, and of Baltimore, one cent and a
quarter; and the weighers in the several districts shall defray all expense
of labourers in weighing, and shall mark on each cask, box, bag, or
package, the weight thereof, where the same is not less than three hun-
dred pounds, if thereunto required by the owner, at the time of weighing.
SEC. 4. And be it further enacted, That from and after the last day Fees arising
of March, in the present year, all fees arising on the exportation of any on exportation
to be divided
goods, wares or merchandise, on which drawbacks are allowed, shall be among collect-
equally shared among the collector, naval officer and surveyor, where ors, naval offi-
there are such officers at the port where such fees are paid; to be cers and survey.
accounted for, quarterly, by the collector or naval officer, who shall re- ors,
ceive the same; and where there is no naval officer, such fees shall be
divided equally between the collector and the surveyor, who may have
been concerned in attending to such exportation. And the surveyors
shall pay their proportion of the expense of stationery and printing.
SEC. 5. And be it further enacted, That previous to a clearance being No vessel to
granted to any vessel, outward bound, the legal fees which shall have alear out till
accrued on such vessel, shall be paid at the office or offices where such fees are paid.
fees are respectively payable; and receipts for the same shall be pro-
duced to the collector, or other officer, whose duty it may be to grant
clearances, before such clearance is granted.
SEC. 6. And be it further enacted, That a surveyor be appointed for
the port of New Brunswick, (in New Jersey,) to reside at New Bruns-
wick. And the port of Marblehead shall hereafter be a port at which
vessels arriving from beyond the Cape of Good Hope, may enter and
unlade.
STATUTE I.
CHAP. X.--n .ctfor raisinga further sum of money, by additionaldutiea ,on March 3, 1797.
certain articles imported, and for other purposes.
SECTION i. Be it enacted by the Senate and H1ouse of Representa- [Obsolete.]
tives of the United Sta'es of Amnerica in Cmgress assembled, That from

FOURTH CONGRESS. SEss. II. Cir. 11. 1797.
Additional and after the thirtieth day of June next, the following duties, in addition
duty on certain to those now in force, and payable on the several articles herein after
imports. enumerated, shall be laid, levied and collected upon those articles, respec-
tively, at their importation into the United States, from any foreign port
or place, viz : upon all brown sugar, per pound, one half cent; upon
all bohea tea, per pound, two cents; upon all molasses, per gallon, one
cent; and upon all velvets, and velverets, whether printed, stained,
coloured, or otherwise, and upon all muslins and muslinets, and other
cotton goods, not printed, stained or coloured, two and a half per centum,
ad valorem.
Duty on cocoa SEC. 2. And be it further enacted, That from and after the said thir-
and sugar candy tieth day of June next, the duties now in force, and payable upon sugar
varied, candy, and cocoa, imported into the United States, shall cease; and
that, in lieu thereof, there shall thenceforth be levied and collected the
following duty, viz : upon all sugar candy, at its importation into the
United States, from any foreign port or place, nine cents per pound; and
upon all cocoa upon its importation as aforesaid, two cents per pound.
Ten per cent. SEC. 3. And be it further enacted, That an addition of ten per centum,
addition on im. shall be made to the several rates of duties above specified and imposed,
ports in foreign
vessels, in respect to all such goods, wares and merchandise, as aforesaid, as
shall, after the said last day of June next, be imported in ships or ves-
sels, not of the United States.
How duties 'SEc. 4. And be it.further enacted, That the duties laid by this act,
shall be collect- shall be levied and collected in the same manner, and under the same
ed. regulations and allowances as to drawbacks, mode of security, and time
of payment, respectively, with the several duties now-in force on the
respcetive articles herein before enumerated.
Drawbacks. SuC. 5. And be it further enacted, That on account of the additional
duties laid on brown sugar and molasses, by this act, the following
sums, respectively, shall, from and after the last day of December next,
be added to the drawbacks now allowed and paid by law on sugar re-
fined within the United States, and exported therefrom, and on spirits
distilled from molasses within the United States and exported therefrom,
viz : on all sugar so refined and exported, one cent per pound; and on
all spirits so distilled and exported, one cent per gallon ; which addi-
tional drawbacks shall be allowed and paid according to the regulations
now established by law, respecting the present drawbacks allowed on the
said articles.
Appropriation SEC. 6. And be it further enacted, That the proceeds of the duties
ofdutied. laid by this act, shall be solely appropriated to the following purpose;
that is to say : First, for the payment of the principal of the present
foreign debt of the United States: Secondly, for the payment of the
priicipal of the debt now due by the United States to the Bank of the
United States
STATUTE 11.
March 3, 1797. CHAP. XI.-n .4ct repealingin part, the "Set concerning the'Duties on spirits
distilled within the United States," passed the eighth of May, one thousand seven
1792, ch. 32. hundred and ninety-two; and imposing certain Duties on the capacity of Stills
Repealed April (f a particulardescription.
6, 1802.
Option respect. SECTION 1. Be it enacted by the Senate and House of Representatives
ing
ties certain du of the United States of America in Congress assembled, That in respect
on distilled
spirits abolish- to stills employed in distilling spirits from materials of the growth and
ed. produce of the United States,'at any other place than a city, town or
village, or at any distillery in a city, town, or village, at which there are
one or more stills, which singly, if only one, or together, if more than
one, are of less capacity than four hundred gallons, the option and alter-
native of paying a duty of seven cents for every gallon of spirits distilled

FOURTH CONGRESS. SEss. IT. CH. 12. 1797.
in such stills, as secured and allowed by the first section of the act, in-
tituled "an act concerning the duties on spirits distilled within the
United States, passed on the eighth day of May, one thousand seven
hundred and- ninety-two, be, and the same is hereby, declared to be
abolished, from and after the thirtieth day of June, ensuing.
SEC. 2. And be it further enacted, That in lieu of the option and Duties accord.
alternative aforesaid, the proprietor, or possessor of any such still or stills, ) ing to capacity
of stills esLab.
as ard above mentioned, shall and may, after the first day of July, ensu- lished.
ing, be charged with, and shall pay the following duties, to wit: For a
license for the employment of each and every such still, for and during
the term of two weeks, six cents per gallon, according to the capacity
or content of every such still, including the head thereof: For a license,
for and during the term of one month, ten cents per gallon, as aforesaid:
For a license, for and during the term of two months, eighteen cents per
gallon, as aforesaid: For a license, for and during the term of three
months, twenty-four cents per gallon, as aforesaid: For a license, for
and during the term of four months, thirty cents per gallon, as aforesaid:
For a license, for and during the term of five months, thirty-six cents
per gallon, as aforesaid : And for a license, for and during the term of
six months, forty-two cents per gallon, as aforesaid.
SEC. 3. And be it further enacted, That upon the sale ot transfer of Transfers.
any still licensed, according to this act, the right and privilege of using
such still, durinr the time for which such license may remain in force,
shall accrue to the new proprietor, or possessor, due entry of the sale or
transfer being previously made, with the proper officer of inspection.
Sac. 4. And be it further enacted, That every distiller, as aforesaid, Penalty for
distilling with.
who shall commence any distillation, prior to obtaining a licensethere- out license.
for, shall pay a duty equal to that demandable, in consequence of a
license for six months; and no new license shall be granted for any
still, until all duties, which have accrued thereon, shall have been paid
and discharged.
SEc. 5. And be it further enacted, That the several provisions and Drawbacks.
clauses of the acts heretofore passed, and remaining in force, for laying,
securing, and collecting duties on spirits distilled within the United
States, and on stills; for regulating the exportation of such spirits, and
for making an allowance to the exporters of the same, by way of draw-
back, shall extend to, and remain in full force, with respect to the seve-
ral provisions and clauses of this act, subject only to the alterations
hereby made.
STATVTE I.
CHAP. XII.-.n .&t authorizing the President of the United States to apply March 3,1797.
a further sum to the expense of Negotiations with the Dey and Regency of
.dh'iers.
[Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Appropriation

the United States of America in Congress assembled, That the Pre- for nAgoeatios
sident of the United States be, and he is hereby authorized to apply a
sum, not exceeding two hundred and eighty thousand two hundred and
fifty-nine dollars and three cents, to the expenses which may have been
incurred in any negotiations with the Dey and Regency of Algiers, be-
yohd the sums heretofore appropriated; and that the said sum of two
hundred and eighty thousand two hundred and fifty-nine dollars RiAd
three cents, be, and the same is hereby appropriated for that purpose.
SEc. 2. And be it further enacted, That a further sum, not exceeding To pay annu-
ninety-osix thousand two hondred and forty-six dollars and sixty-three iy.
cents, be, and the same is hereby appropriated for discharging the two
first years' anniiity to the Dey aid Regeuicy of Algiers, pursuant to
Vo I. T. -6 1 2U

FOURTH CONGRESS. SESS. II. CH. 13. 1797.
treaty, in addition to the sum appropriated for that purpose, by the act
of the sixth of May, one thousand seven hundred and ninety-six.
SEC. 3. And be it further enacted, That the said several sums shall
be paid and discharged out of any monies arising from the revenues of
the United States, beyond the appropriations heretofore charged there-
upon, to the end of the year one thousand seven hundred and ninety-
seven.
STATUTE II.
March 3, 1797. CQuAP. XIII.-.n Set to provide for mitigating or remitting the Forfeitures,Pen-
allies and Disabilitiesaccruing in certain cases therein mentioned. (a)
[Obsolete.] SECTION 1. Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, That when-
ever any person or persons, who shall have incurred any fine, penalty,
forfeiture or disability, or shall have been interested in any vessel, goods,
wares or merchandise, which shall have been subject to any seizure,
forfeiture, or disability, by force of any present or future law of the
United States, for the laying, levying or collecting any duties or taxes,
or by force of any present or future act, concerning the registering and
recording of ships or vessels, or any act concerning the enrolling and
licensing ships or vessels employed in the coasting trade or fisheries, and
for regulating the same, shall prefer his petition to the judge of the dis-
trict, in which such fine, penalty, forfeiture, or disability shall have
accrued, truly and particularly setting forth the circumstances of his
case; and shall pray, that the same may be mitigated or remitted, the
said judge shall inquire, in a summary manner into the circumstances
of the case; first, causing reasonable notice to be given to the person or
persons claiming such fine, penalty, or forfeiture, and to the attorney
of the United States, for such district, that each may have an opportu-
nity of showing cause against the mitigation or remission thereof; and
shall cause the facts which shall appear upon such inquiry, to be stated
and annexed to the petition, and direct their transmission to the Secre-
tary of the Treasury of the United States, who shall thereupon, have
power to mitigate or remit such fine, forfeiture, or penalty, or remove
such dis ibility, or any part thereof, if, in his opinion, the same shall have
been incurred without wilful negligence, or any intention of fraud in the
person or persons incurring the same ; and to direct the prosecution, if
any shall have been instituted for the recovery thereof, to cease and be
1814, ch. 14. discontinued, upon such terms or conditions as he may deem reasonable
and just.
Courts of the SEc. 2. And be it further enacted, That the judicial courts of the
states have the several states, to whom, by any of the said acts, a jurisdiction is given,
same power as
district courts. shall and may exercise all and every power ir the cases cognizable before
them, for the purpose of obtaining a mitigation, or remission of any
fine, penalty or forfeiture, which may be exercised by the judges of the
district courts, in cases depending before them.
Rights of in- SEC. 3. Provided always, and be it further enacted, That nothing
divideis
he affect not
I to
in herein contained, shall be construed to affect the right or claim of any
hases w re a person, to that part of any fine, penalty, or forfeiture, incurred by the
proseation breach of any of the laws aforesaid, which such person shall, or may
be
shall have been entitled to, by virtue of the said laws in cases where a prosecution has
been commenced, or information has been given, before the passing of
(a) The remission of a forfeiture or penalty by the Secretary'of the Treasury, accruing under the reve-
nue laws, under the remission art of March 3, 1797, before the final judgment, and until the actual pay-
ment over to thb collector for distribution of the money arising from such forfeiture, extends to the shares
of the forfeiture or penalty to which the officers of the customs are entitled, as well as to the interests
of the United State. United States v. Morris, 10 Wheat. 216; 6 Coad. Rep. 90. United States v. Lan-
.caster. -1%visit.C. C. R. 64. M'Lane v. The United States, 6 Peters, 404.

FOURTH CONGRESS. SEss. IT. Ca. 14, 15,16. 1797. 507
this act, or any other act relative-to the mitigation or remission of such commenced or
fines, penalties, or forfeitures; the amount of which right and claim shall informationgiv-
be assessed and valued by the proper judge, or court, in a summary
manner.
SEC. 4. And be it further enactid, That this act shall continue in Limitation.
force for the term of two years, and from thence to the end of the next Repealed 1800,
session of Congress, and no longer. ch. 6.
STATUTE IL
CHAP. XIV.-An Act to authorize the receipt of evidences of the Public Debt, in March 3,1797.
payment for the Lands of the United States.
[Obsolete.]
Be it enacted by the Senate and House of Representatives of the Stock of the
United States of America in Congress assembled, That the evidences United States
of the public debt of the United States, shall be receivable in payment received in pay-
for any of the lands which may be hereafter sold in conformity to the ment for west-
"An act providing for the sale of the lands of the United ern lands.
act, intitled
States, in the territory northwest of the river Ohio, and above the mouth Ante, p.464.
of Kentucky river," at the following rates, viz.: the present foreign debt
of the United States, and such debt, or stock, as, at the time of pay-
ment, shall bear an interest of six per centum per annum, shall be
received at their nominal value; and the other species of debt, or stock,
of the United States, shall be received at a rate bearing the same pro-
portion to their respective market price, at the seat of government, at
the time of payment, as the nominal value of the above mentioned six
per centum stock shall, at the same time, bear to its market price at the
same place ; the Secretary of the Treasury, in all cases, determining
what such market price is.
STATUTE II.
CHAP. XV.-An Act to alter the time for the next meeting of Congress. March 3,1797.
Be it enactedby the Senate and House of Representatives of the United [Obsolete.]
Stases of America in Congress assembled, That after the end of the pre- Post, p. 525.
sent session, the next meeting of Congress shall be on the first Monday
of November, in the present year.
STATUTE-Il.
CHAP. XVI.-An Act to amend and repeal, in part, the Act intituled "ASn Act March3, 1797.
to ascertain andfix te Military Establishment of the United States." [Repealed.)
SEcTION 1. Be it enacted by the Senate and House of Representa- Act of May 30,
tines of the United States of America in Congress assembled, That the 1796, cb. 39.
Certain sec-
third section of the act, passed the thirtieth of May, one thousand seven tions repealed.
hundred and ninety-six, intituled " An act to ascertain and fix the mili-
tary establishment of the United States," together with all other parts
thereof which relate to provision made for the major general and his
staff, be repealed; and that all such parts of the said act, together with
so much of the twenty-third section, as may be construed to affect the
Brigadier, and the whole of the eleventh section of the said act be, and
are hereby repealed.
SEC. 2. And be it further enacted, That there shall be one brigadier BrigadierGen-
general, who may choose his brigade major and inspector, from the cap- eral.
Inspector.
tains and subalterns in the line, (to each of whom there shall be allowed
the monthly pay of twenty-five dollars, in addition to his pay in the line, See p. 557, post.
and two rations extraordinary per day; and whenever forage shall nit
be furnished by the public, to ten dollars per month in lieu thereof.)
That there shall be one judge advocate, who shall be taken from the

FOURTH CONGRESS. SEss. II. Cm. 17. 1797.
Judge adVo- commissioned officers of the line, and shall be entitled to receive two
cate. rations extra per day, and twenty-five dollars per month, in addition to
his pay in the line; and whenever fotage shall not be furnished by the
public, to ten dollars per month in lieu thereof.
Quarter mas- SEC. 3. And be it further enacted, That there shall be one quarter-
tcr and paymaster general and one paymaster general, who shall receive the same
master general, pay and emoluments, respectively, which those officers have heretofore
been allowed by law.
Pay of lieu- SEc. 4. And be it further enacted, That from and after the thirtieth
tenants and en- day of June next, the monthly pay of the lieutenants shall be thirty dol-
signs. lars, and that of the ensigns twenty-five dollars: That to the brigadier,
while commander in chief, .and to each officer, while commanding a sepa-
rate post, there shall be allowed twice the number of rations to which
they would otherwise be entitled.
Subsistence SEc. 5. And be it further enacted, That the majors be entitled to
allowed to ma. receive four rations per day, for their subsistence.
jors. SEC. 6. And be it further enacted, That to each commissioned officer,
Allowance to who may have been deranged under the act "to ascertain and fix the
officers derang-
ed. military establishment of the United States," there shall be paid the
Ante, p. 483. amount of six months' pay and subsistence.
STATrUTC II.
March 3, 1797. CHAP. XVII.-qn Acrt making appropriationsfor the Military and Naval estab-
lishments for tWt year one thousandseven hundred and ninety-seven.
[Obsolete.
Military ap- SECTION 1. Be it enacted by the Senate and House of Representatives
propriations for of the United States of America in Congress assembled, That for the
1797. support of the military and naval establishments, for the year one thou-
sand seven hundred and ninety-seven, the following sums be respectively
appropriated; that is to say:
For the pay of the army of the United States, the sum of two hundred
and fifty-six thousand four hundred and fifty dollars.
*For the subsistence of the officers of the army, a sum not exceeding
forty-seven thousand three hundred and ninety-five dollars.
For the subsistence of the non-commissioned officers and privates, a
sum not exceeding two hundred and forty-five thousand two hundred
and eighty-three dollars.
For forage, the sum of -fourteen thousand nine hundred and four
dollars.
For clothing, a sum not exceeding eighty-three thousand and fifty
dollars.
For the purchase of horses and equipments for the cavalry, sixteen
thousand and eighty-five dollars.
For the hospital department, a sum not exceeding ten thousand dollars.
For the ordnance department, a sum not exceeding forty thousand
dollars.
For the fortifications of the ports and harbors of the United States, a
sum -not exbeeding twenty-four thousand dollars.
For the quartermaster's department, the Indian department, the defen-
sive protection of the frontiers, bounties, and all the contingent expenses
of the war department, a sum not exceeding three hundred thousand
dollars.
To make good deficiencies in the appropriations in the military estab-
lishment, for the year one thousand seven hundred and ninety-six, the
sum of seventy six thousand three hundred and twelve dollars.
For the pay and subsistence of three captains in the naval department,
and for the pay of laborers employed in taking care of the frigates, the
sum of five thousand dollars.

FOURTH CONGRESS. Sass. II. CH. 18, 19. 1797. 509
For finishing the frigates United States, Constitution, and Constella- Military ap-
tion, the sum of one hundred and seventy-two thousand dollars. pr)priatioas lor
For the payment of military pensions, including an allowance to the 1797.
widows and children of officers, under an act, intituled "An act in addi-
tion to the act for making further and more effectual provision for the 1794, ch. 52.
protection of the frontiers of the United States," the sum of ninety-six
thousand three hundred and fifty dollars.
To satisfy and discharge claims for militia services on the frontiers of
Georgia, the sum of seventy thousand four hundred and ninety-six dol-
lars and thirty-five cents: for militia services on the frontiers of Ken-
tucky, three thousand eight hundred and thirty-six dollars and seventy.
six cents; and for militia services on the frontiers of South Carolina, the
sum of forty-eight thousand four hundred dollars and twenty-five cents.
For the payment of general John Sevier and his brigade, for services
in the year one thousand seven hundred and ninety-three, the sum of
twenty-two thousand eight hundred and sixteen dollars and ninety-five
cents.
For the payment of six months' pay and subsistence to each of the
officers discharged under the act "to ascertain and fix the military
establishment of the United States," a sum not exceeding three thousand 1796, ch.39.
dollars; which sums shall be solely'applied to the objects for which they
are respectively appropriated.
SEC. 2. And be it further enacted, That the several appropriations
herein before made, shall be paid and discharged out of the surplus of
revenue and income beyond the appropriations heretofore charged
thereon, to the end of the present year.
STATUTE 11.
CH.P. XVIII.-An Act to suspend, in part, the Act, intituled "'An act to alter March 3,1797.
and amend the Aet, intiuled In Act laying certain Duties upon Snuff and re-
fined Sugar," and to grant relief in certain cases arisingunder the said Act. [Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Act laying
of the United States of America in Congress assembled, That so much duty on snuff
of the act, intituled " An act to alter and amend the act, intituled An repealed.
act laying certain duties upon snuff and refined sugar," as respects the
duties therein laid upon mills and implements employed in the manufac- 1795, ch. 43.
ture of snuff, and the drawbacks therein allowed, upon the exportation 1798, ch. 80.
of snuff manufactured within the United States, be suspended, from the
passing of this act, until the end of the next session of Congress.
SEC. 2. And be it further enacted, That in all cases of licenses granted Relief grant.
under the said act, where, by failure of water, or other casualty, occur- ed in certain
, cu-cases.
ring to the mill or mills, or to the implements or to the proprietor, or
other person licensed, the use and benefit of such license has been lost,
or considerably interrupted, and the duties thereon required or paid,
may be considered as peculiarly unequal and injurious, the Secretary of
the Treasury, uson due representation and proof of such case, shall be,
and hereby is authorized to cause to be refunded or remitted, such part
of the duties paid, or secured on such license, as shall appear just and
reasonable, under the circumstances of the case, and having regard to
the loss, injury, or peculiar hardship sustained as aforesaid.
STATUTE I.
CHAP. XIX.-ngAct in addition to the act intiluled "An act to establish th, Post. March 3,1797,
Office and Post Roads within the United States." M
1794, ch. 23.
SECTION 1. Be it enacted by the Senate and Hosse of Representa-
tives of the United States of America in Congress assembled, That the
2 2

FOURTH CONGRESS. SEs. II. Cti. 19. 1797.
Post roads following post roads be discontinued, namely: from Blue-hill, in Maine,
discontinued, to Penobscot, Frankfort and Belfast; from Bardstown, in Kentucky, to
Nashville, in Tennessee; from Taunton to Providence; from Bethle-
hem, by Reading, to Lancaster; from Elkton to Warwick; from George-
town to Cheiaw Courthouse; from Bethlehem to Wilkesbarre; from
1799, ch. 43. Plymouth to Windsor; from Winton, by the bridge on Bennett's creek,
to R. Mitchell's; from Mecklenburg to Halifax Courthouse; from
Richmond, by Newcastle, to Aylett's Warehouse; from Morgantown,
by Lincolitown, to Pinckney Courthouse; from Springfield, by North-
ampton, Brattleborough and Charleston, by Windsor, in Vermont, to
Hanover.
Post roads cs. SEC. 2. And be it further enacted, That the following be established
tablished. as post roads, namely: from Blue-hill, in Maine, through Castine, Pe-
nobscot, Buckston, Frankfort and Prospect, to Belfast; from Hallowell,
in Maine, to Farmington, on Sandy river; from Portland, in Maine, by
Falmouth, Gorham, Buxton and Standish, to Limerick; from Berwick,
in Maine, through Lebanon, Shapleigh and Parsonfield, to Limerick;
from Standish, by Flintstown, to Fryburg academy; from Sandwich, by
Tamworth and Conway, in New Hampshire, to Fryburg, in Massachu-
setts; from Portsmouth to Dover, in New Hampshire; from Newbury-
port to Haverhill; and from Haverhill, by Kingston, Exeter, New-
market and Durham, to Dover; from Yarmouth, by Dennis, Harwich
and Chatham, to Truro; from Worcester, in Massachusetts, by Peters-
ham and Northfield, to Brattleborough, in Vermont; from Newport, in
Rhode Island, through Taunton, Norton, Mansfield and Sharon, to
Boston; from Boston, through Charlestown, Medford, Wooburn, Bil-
lerica, Chelmsford and Tyngsborough, in Massachusetts, to'Amherst, in
New Hampshire; from Windsor, in Vermont, by Royalton, Randolph,
Williamston and Montpelier, to Burlington; from New Haven, in Con-
necticut, by such route as the postmaster shall deem expedient, to Litch-
field and Sheffield, in Massachusetts; from New York, by Whiteplains,
Bedford, Frederickstown, Dover, Sharon, Sheffield, Stockbridge, Pitts-
field and Williamston, to Bennington, in Vermont; from Lansingburg,
in New York, by Waterford, Stillwater, Fort Edward, Whitehall landing,
and Fairhaven, to Rutland, in Vermont; from New York to Hacken-
sack, Paramus, New Antrim, thence to Chester and Goshen; from
Lansingburg, by Salem, Fairhaven, Vergennes and Bason harbor, to
Plattsburg; from Plattsburg to Pliny Moore's in the town of Champlain ;
from Schenectady, by Ballston Springs and Glen's bridge, to Sandy-hill;
from Old Fort Schuyler, in New York, by Cincinnatus, to Oxford aca-
demy, on the Chenango; from Rome, in the state of New York, to
Rotterdam, on the Oneida Lake; from Philadelphia to Tuckerton, in
New Jersey; from Bristol, in Pennsylvania, to Burlington, in New
Jersey; from Bethlehem, by Easton, to Wilkesbarre, in Pennsylvania;
from Harrisburg, upon the east side of the Susquehanna river, to Clark's
Ferry at Petersburg, by Millerstown, Thompson-town, Mifflintown,
Lewistown, and Huntingdon, to Alexandria; from thence, by Center
Furnace and Bellefount, to Milesburg, on the Bald Eagl river, at the
mouth of Spring Creek; from thence, by Aaronsburg, Mifflinburg,
Lewisburg (Deerston) and Northumberland, to Sunbury, and from thence
down the east side of the Susquehanna river, to Harrisburg; from
Somerset, through Connelsville, to Uniontown, and from Bedford, in
Pennsylvania, the mail shall he carried through Somerset, to Greensburg,
after the expiration of the present contract for carrying the mail ; from,
Baltimore, by Ellicott's lower mills, Montgomery Courthouse and Charles-
burg, to Leesburg, in Virginia; from Morgantown, in Virginia, to
Clarksburg, in Harrison county: from Leesburg, by Middleburg, in
Loudoun county, by Fauquier Courthouse, to Culpeper Courthouse;
from Petersburg, by Sussex Courthouse, and Southampton Courthouse,

FOURTH CONGRESS. SEss. I. CH. ID. 1797.
to South Quay; from Richmond, by Hanover4own, to Aylett's Ware- 13ost roads es.
house; from Todd's bridge to King and Queen Courthouse; from tablished.
Halifax Courthouse, in Virginia, by Danville, to Caswell Courthouse, in
North Carolina; from Newbern to Beaufort and Swansborough, the
mail to go alternately; and from Wilmington, in North Carolina, by
Georgetown, to Charleston, in South Carolina; from Jonesburg, in
North Carolina, by Northwest River Bridge, Great Bridge, and Kemps-
ville, to Norfolk; from Elizabeth city, in North Carolina, by New
Lebanon, to Northwest River Bridge; from Morgantown, by Ruther-
fordton, to Spartan Courthouse, in South Carolina, and from Charlotte,
by Lincointon, to Iredell; from Bethania, in" North Carolina, by Gray-
son Courthouse, to Wythe Courthouse, in Virginia; from Mecklenberg
Courthouse, to return by Lunenberg Courthouse and Edmonds's store,
to Goldson's; from Augusta, in Georgia, by Robison's at the White
Ponds and Gillett's mill, to Coosawhatchie, in South Carolina; from
Moffet's store, in Tennessee, to Danville, in Kentucky; from Knoxville,
by Southwest Point, and Fort"Blount, to Nashville; from Winton, by
Windsor, to Edenton; from Murfreesborough, by South Quay, to Suf-
folk, in Virginia; from Fayetteville to Pittsburg, in Chatham county;
from Nottingham to Lower Marlborough, in Maryland; from Benedict
to Chaptico, by Charlottehall academy; from Allensfresh, in Maryland,
by Laidlor's Ferry, to Port Conway, in Virginia; from Waynesborough
to Louisville, by Georgetown to Rock landing, in Georgia; from Kan-
ondaigua, in the state of New York, to Niagara; from Suffield, in Con-
necticut, by Northampton, Brattleborough and Charlestown, by Windsor,
in Vermont, to Hanover; from Springfield, by West Springfield, to
Northampton ; and that the route of the mail, from Easton, on the
Eastern Shore of Maryland, to Vienna, shall be through Newmarket.
Sec. 3. And be it further enacted, That the postmaster general be Allowance to
authorized to expend, for clerk hire, a sum not exceeding five hundred postmastergen-
eral for clerk
dollars, in addition to the sum heretofore allowed; and that he be hire.
authorized to charge the United States with two hundred and seventy-
one dollars and fifty-two cents, for the occasional hire of extra clerks,
from the first of January to the thirty-first of December, one thousand
seven hundred and ninety-six.
SEc. 4. And be it further enacted, -That from and after the passing Accessories
of this act, every person who shall procure, aid, advise or assist in the punishable.
doing or perpetration of any of the crimes, or acts, forbidden to be done
or perpetrated by the act, intituled, "An act to establish the post-office 1794, ch, 23.
and post roads within the United States," shall be subject to the same
punishments and penalties as the persons are subject, who shall actually
do, or perpetrate any of the acts or crimes forbidden by the said act.
Sec. 5. And be it ftrther enacted, That from and after the thirty-first Compensation
day of March, of the present year, instead of the compensation hereto- to deputy post-
masters.
general be
fore allowed by law to the deputy postmasters, the postmaster
hereby authorized to allow to the deputy postmasters, respectively, such
commission on the monies arising from the postages of letters and packets,
as shall be adequate to their respective services and expenses: Pro-
vided, the said commission shall not exceed thirty per cent. on the
first hundred dollars collected in one quarter, and twenty-five per cent.
on a sum over one hundred,, and not more than three hundred dollars;
and twenty per cent. on any sum over four hundred and not exceeding
two thousand dollars; and eight per cent. on any sum collected, being
over two thousand four hundred dollars; except to the deputy postmas-
ters, who may be employed in receiving and dispatching foreign mails,
whose compensation may be augmented, not exceeding twenty-five dol-
lars, in one quarter; and excepting, to the deputy postmasters, at offices
where the mail is regularly to arrive between the hours of nine o'clock
at night, and five o'clock in the morning; whose commission, on the

FOURTH CONGRESS. SEss. II. Cu. 20. 1797.
first hundred dollars, collected in one quarter, may be increased to a sum

not exceeding fifty per cent. The postmaster general may allow to the
deputy postmasters, respectively, a commission of fifty per cent. on the
money arising from the postages of newspapers, magazines and pam-
phlets; and to the deputy postmasters, whose compensations shall not
exceed five hundred dollars, in one quarter, two cents for every free let-
ter delivered out of the office, excepting such as are for the deputy post-
master himself: -Provided,that the authority given by this section to
the postmaster general, to.regulate the commissions to be allowed to the
deputy postmasters, shall continue in force until the thirty-first day of
1798, 24. March, one thousand seven hundred and ninety-eight, and no longer:
And that it shal] be his duty, to report to the said session, the respective
commissions which he shall have allowed, by virtue of the authority
herein given.
Regulations SEC. 6. And be it further enacted, That no newspapers shall be re-
respecting ceived by the deputy postmasters, to be conveyed by post, unless they
newspapers. are sufficiently deied and enclosed in proper wrappers, on which, besides
the direction, shall'be noted the number of papers, which are enclosed
for subscribers, and the number for printers: The deputy postmasters
shall form all newspapers deposited in their offices, to be conveyed by
post, into mails; and if any deputy postmaster shall open, or permit any
mail of newspapers not directed to his office, to be opened, he shall, on
conviction thereof, forfeit, for every such offence, a sum not exceeding
twenty dollars; and any other person, who shall open such mail of news-
papers, on conviction thereof, shall forfeit a sum not exceeding twenty
dollars, for every such offence: Provided, that when mails are directed
to places where no post-office is kept, they may be opened at the post-
office most convenient to such place, and may also be opened, where the
direction is effaced.
SEc. 7. And be it further enacted, That this act shall not be con-
strued to affect any existing contracts.
Postmaster SEC. S. And be it further enacted, That it shall be the duty of the
general to re-
port to Congress postmaster general, to report annually to Congress, every post-road, which
concerning cer. shall not, after the second year, from its establishment, have produced
taan roads. one third of the expense of carrying the mail on the same.
Letters to SEC. 9. And be it further enacted, That all letters and packets to,
George
ington toWash-
be George Washington, now President of the United States, after the expi-
free ration of his term of office, and during his life, shall be received and
conveyed by post free of postage.
STATU IT.
March 3, 1797. 'CHAP. XX.-n .qct to provide more effedualy for the Settlement of .8ecounts
Act o March between the United States, and Receivers of public Money.
3, 1817. ch. 45. SECTION 1. Be it enacted by the Senate and Htouse of Representatives
Revenue offi-
cer or other per- of the United States of America in Congress assembled, That when any
son not paying revenue officer, or other person accountable for public money, shall
public money, neglect or refuse to pay into
the treasury, the sum or balance reported
to be sued, to
forreit commis- to be due to the United States, upon the adjustment of his account, it
sions, and to pay shall be the duty,'of the comptroller, and he is hereby required to insti-
interest. tute suit for the recovery of the same, adding to the sum stated to he due
on such account, the commissions of the delinquent, which shall be
forfeited in every instance where suit is commenced, and judgment
obtained thereon, ant] an interest of six 'per cent. per annum, from the
time of receiving the money, until it shall be repaid into the treasury.
Src. 2. And be it fierther enactd, That in every ca e of delinquency,
where suit has been, or shall be instituted, a transcript from the books
and proceedings of the treasury certified bv the register, and authenti-
cated under the seal of the department, shall be admitted as evidence,

FOURTH CONGRESS. SEss. II. Ca. 20. 1797.
and the court trying the cause, shall be thereupon authorized to grant A transcript
judgment, and award execution, accordingly. And all copies of bonds, of the books of
contracts, or other papers relating to, or connected with the settlement the Treasury to
contacts orbe evidence.
of any account between the United States and an individual, when
certified by the register to be true copies of the originals on file, and
authenticated under the seal of the department, as aforesaid, may be
annexed to such transcripts, and shall have equal validity, and be entitled
to the same degree of credit, which would be due to the original papers,
if produced d authenticated in court: Provided, That where suit is
brought upon a bond, or other sealed instrument, and the defendant
shall plead "non estfacetum," or upon motion to the court, such plea or Original con-
motion being verified by the oath or affirmation of the defendant, it tract to be pro-
duced in certain
shall be lawful for the court to take the same into consideration, and (if cases.
it shall appear to be necessary for the attainment of justice) to require
the production of the original bond, contract or other paper specified in
such affidavit.(a)
(a)The decisions of the courts of the United States on Treasury statements, transcripts and documents,
have been:
An account stated at the treasury department, which does not arise in the ordinary mode of doing
business inthat department, can derive no additional validity from being certified under the act of Con-
gress. A treasury statement can only be regarded as establishing items for moneys disbursed through
the ordinary channels of the department, where the transactions are shown by its books. In these cases
the officers may well certify, for they must have official knowledge of the facts stated. United States v.
Bufiord, 3 Peters, 29.
But when moneys come into the hands of an individual, not through the officers of the treasury, or in
the regular course of official duty, the books of the treasury do not exhibit the facts, nor can they'be
oiliciilly known to the oiticers of' the department. In such a case the claim of the United States tor
ioney thus in the hands of a third person must be established, not by a treasury statement, but by the
evidence on which that statement was made. Ibid.
Action of debt on a bond executed by Alpha Kingsley, a paymaster in the army, and byJohn Smith, T.
and another, as his sureties, to the United States, The condition of the obligation was, that Alpha
Kingsley, "about to be appointed a district paymaster," &c. "and who will, from time to time, be
charged with funds to execute and perform the duties of that station, for which he will be held account-
able,"&c. shall " well and truly execute the duties of district paymaster, and regularly account forall
moneys placed in his hands to carry into effect the object of his appointment." On the trial the plaintiff
gave in evidence a duly certified copy of the bond, and a "transcript from the books and proceedings
of the treasury department, of the account of Alpha Kingsley, late district paymaster, in account with
the United States." In this account A. K. was charged with moneys advanced to him for pay, subsistence,
and forage, bounties and premiums, and contingent expenses of the army; and credited with disburse-
ments of the same, for the purposes for which they were paid to him, and showing a large amount of
items suspended and disallowed; making a balance due to the United States of forty-eight thousand four
hundred and ninety-two dollars and fifty-three cents. The account was thus settled by the third auditor
of thie treasury, and was duly certified to the second comptroller of the treasury, and this balance was
by iim admitted and certified on the 23d of April, 1323. The account was further certified, " Treasury
department, third auditor's office, 1st of September, 1824: pursuant to an act to provide for the prompt
settlement of public accounts, approved 3d of March, 1817, I, Peter Hagner, third auditor, &c. do hereby
certify that mhe foregoing transcripts are true copies of the originals, on file in this office." To this was
annexed a certificate that Peter Hagner was the third auditor, &c. " In testimony whereof I, William
H. Crawford, secretary of the treasury, have hereunto subscribed my name, and caused to be affixed the
seal of this department, at the city of Washington, this 1st of September, 1824. (Signed) Edward Jones,
chief clerk, for William H. Crawford, secretary of the treasury." The seal of the treasury department
was affixed to the certificate. On the trial, the district court of Missouri instructed the jury, that " as by
the account it appears there are in it items of debit and credit to Kingsley, as district paymaster, it
furnished evidence of his having acted as district paymaster, and of his appointment a's such." By the
court-There are two kinds of transcript which the statute authorizes the proper officers to certify : first,
a transcript from ".the books and proceedings of the treasury," and secondly, " copies of bonds, con-
tracts, and other papers, &c., which remain on file, and relate to the settlement." The certificate under
the first bead has been literally made in this case, and is a sufficient authentication of the transcript from
" the books and proceedingq of the treasury," and is a substantial compliance with the requisitions of
time statute. Smith v. The United States, 5 Peters, 292.
Nothing done at the treasury, which did not fall within the scope of the authority of the accounting
officers, in settling accounts, can be received in evidence. In the case of the United States v.Buford,
3 Peters, 29, it was held by the supreme court, that an account stated at the treasury department, which
does not arise in the ordinary mode of doing business in that department, can derive no additional validity
from being certified under the act of Congress. Such statements at the treasury can only be regarded as
establishing items for moneys disbursed through the ordinary channels of the department,when the trans.
actions are shown by its books. Cox and Dick v.The United States, 6 Peters, 202.
A treasury transcript, produced in evidence by the United States, in an action on a bond for the per.
formsice of a contract for the supply of rations to the troops of the United States, contained items of
cirge which were not obected to by the defendant. The defendant objected to the followina items, as
i-t proved by the transcript: 11February 19, 18S, for warrant 16S0, favour of Richard Smith, dated
Preher 27, 1817, and February 11, ISIS, twenty thousand dollars." And on the l1th of April, ofthe
stue year, another charge was made " fo- warrant No. 1904, for the payment oflhis two drafts, favoufr of
Vira. 1-65

FOURTH CONGRESS. SESS. II. Ct. 20. 1797.
Judgment to SEC. 3. And be it further enacted, That where suit shall be insti-
be rendered
return at
term, ex- tuted against
agis any person or persons indebted to the United States, as
cept in certain aforesaid, it shall be the duty of the court where the same may be pend-
cases. ing, to grant judgment at the return term, upon motion, unless the de-
Alexander M'Cormick, dated March 11, and 17, 1811, for ten thousand dollars." And on the 14th of
May, of the same year, a charge was made "for warrant No. 2038, being in part for a bill of exchange
infavour of Richard Smith, for twenty thousand dollars, twelve thousand eight hundred and thirty-two
dollars and seventy-eight cents." And one other warrant was charged June 22d, " for a bill of exchange
in favour of Richard Smith, dated June 22, 1810, four thousand dollars; and also a warrant to Richard
Smith, per order, for eight thousand dollars." These items, the circuit court instructed the jury, were
not sufficiently proved, by being charged in the account, and certified under the act of Congress. By
the Court-The officers of the treasury may well certify facts which come under their official notice, but
they cannot certify those which do not come within their own knowledge. The execution of bills of
exchange and orders for money on the treasury, though they may be " connected with the settlement of
an account," cannot be officially known to the accounting officers. In such cases, however, provision
has been made by law, by which such instruments are made evidence, without proof of the handwriting
of the drawer. The actofCongress of the 3d of March, 1797, makes all copies of papers relating to theset-
tlement of accounts at the treasury, properly certified, when produced in court annexed to the transcript,
of equal validity with the originals. Under this provision, had copies of the hills of exchange and orders,
on which these items Ivere paid to Smith and MICormick, been duly certified and annexed to the tran-
script, the same effect must have been given to them by the circuit court, as if the original had been
produced and proved. And every transcript of accounts from the treasury, which contains items of pay-
ments made to others, on the authority of the person charged, should have annexed to it a duly certified
copy of the instrument which authorized such payments. And so, in every case, where the government
endeavours by suit, to hold an individual liable for acts of his agent. The agency, on which the act of
the government was founded, should be made to appear by a duly certified copy of the power. The de-
fendant would be at liberty to impeach the evidence thus certified ; and, under peculiar circumstances of
alleged fraud, a court might require the production of the original instrument. This, however, would
depend upon the exercise of the discretion of the court, and could only be enforced by a continuance of
the cause until the original should be produced. United States v.Jones, 8 Peters, 375.
The following item in the treasury transcript was not admissible in evidence : " To accounts trans-
ferred from the books of the second auditor for this sum, standing to his debit, under said contract, on the
books of the second auditor, transferred to his debit on those of this officer, forty-five thousand dollars."
The act of Congress, inmaking a "transcript from the books and proceedings of the treasury" evidence,
does not mean the statement of an account in gross, but a statement of the items, both of the debits and
credits, as they were acted upon by the accounting officers of the department. On the trial, the defend-
ant shall be allowed no credit on vouchers, which have not been rejected by the treasury officers, unless
it was not in his power to have produced them ; and how could a proper effect be given to this provision,
if the credits be chargd in gross ? The defendant is unquestionably entitled to a detailed statement of
the items which compose his account. Ibid.
The defendafit, in an action by the United States, where a treasury transcript is produced in evidence
by the plaintiffs, is entitled to the credits given to him in the account; and in claiming those credits, he
does not waive any objection to the items on the debit side of the account. He is unquestionably enti-
tled to the evidence of the decision of the treasury officers upon his vouchers, without reference to the
charges made against him. And he may avail himself of that decision, without, in any degree, restrict.
ing his right to object to any improper charge. The credits were allowed the defendant on the vouchers
alone, and without reference. to the particular items of demand which the government might have against
him. And the debits, as well as the credits, must be established on distinct and legal evidence. Ibid.
The law has prescribed the mode by which treasury accounts shall be made evidence, and whilst an
individual may claim the benefit of this rule, the government can set up no exemption from its operation.
In the performance of their official duty, the treasury officers act under the authority of law ; their acts
are public, and affect the rights of-individuals as well as those of the government. In the adjustment of
an account, they sometimes act judicially, and their acts are all recorded on the books and files of the
treasury department. So far as they act strictly within the rules prescribed for the exercise of their
powers, their decisions are, in effect, final ; for if an appeal be made, they will receive judicial sanction.
Accounts, amounting to many millions annually, come under the action of these officeris." It is, therefore,
of great importance to the public, and to individuals, that the rules by which they exercise their powers,
should be fixed and known. lbid.
In every treasury account on which suit is brought, the law requires the credits to be stated as well as
the debits. These credits the officers of the government cannot properly either suppress or withhold.
They are made evidence in the case, and weredesigned by the law forthe benefit of the defendant. Ibid.
0. made a contract with the government to supply the troops of the United States with rations within
a certain district, and executed a bond and contract agreeably to the usages of the war department. The
United States brought an action against 0. on the bond, and gave in evidence the contract annexed to the
bond, and a treasury statement, which showed a balance against 0. The United States also gave in evi-
dence another transcript to prove that 0., under a previous account, had been paid a balance of nineteen
thousand one hundred and forty-nine dollars and one cent, stated to be due to him, which was paid to
his agent, under power of attorney, and the receipt for the same endorsed on the back of the account.
The circuit court instructed the jury, that the second transcript was not evidence, per se, to establish the
items charged to 0. Held, that there was no error in this instruction. United States v. Jones, 8 Peters,
387.
The circuit court, on the prayer of the defendant, instructed the jury, that the transcript from the books
and proceedings of the treasury, can only be regarded as establishing such of the items of debit, in the
account stated in the said transcript, as are for moneys disbursed through the ordinary channels of the
treasury department, where the transactions are shown by its hooks, and where the officers of the depart-
ment must have had official knowledge of the facts stated: but that the transcript is evidence fpr the

FOURTH CONGRESS. Sass.-H. C. 20. 1797.
fendant shall, in open court, (the United States attorney being present)
make oath or affirmation, that he is equitably entitled to credits which
had been, previous to the commencement of the suit, submitted to the
consideration of the .accounting officers of the treasury, and rejected;
specifying each particular claim, so rejected in the affidavit; and that
he cannot then come safely to trial. Oath or affirmation to this effect
being made, subscribed and filed, if the court be thereupon satisfied, a
continuance, until the next succeeding term, may be granted; but not
otherwise, unless as provided in the preceding section.
SEC. 4. And be it further enacted, That in suits between the United No credit to
be admitted un-
States and individuals, no claim for a credit shall be admitted, upon less presented
trial, but such as shall appear to have been presented to the accounting to the Treasury
officers of the treasury, for their examination, and by them disallowed, or out of the
in whole or in part, unless it should be proved, to the satisfaction of the power of the
party to do it.
court, that the defendant is, at the time of trial, in possession of vouchers
not before in his power to procure, and that he was prevented from
exhibiting a claim for such credit, at the treasury, by absence from the
United States, or some unavoidable accident.
SEC. 5. And be it further enacted, That where any revenue officer, In all cases of
or other person hereafter becoming indebted to the United States, by insolvency, the
debt due to the
bond or otherwise, shall become insolvent, or where the estate of any United States
deceased debtor, in the hands of'executors or administrators, shall be in- shall be first
sufficient to pay all the debts due from the deceased, the debt due to the paid.
United States shall be first satisfied; and the priority hereby established
shall be deemed to extend, as well to cases in which a debtor, not
having sufficient property to pay all his debts, shall make a voluntary
assignment thereof, or in which the estate and effects of an absconding,
concealed, or absent debtor, shall .be attached by process of law, as to
cases in which an act of legal bankruptcy shall be committed.(a)
SEC. 6. And be it further enacted, That all writs of execution upon
any judgment obtained for the use of the United States, in any of the
courts of the United States in one state, may run and be executed in
any other state, or in any of the territories of the United States, but
shall be issued from, and made returnable to the court where the judg-
ment was obtained, any law to the contrary notwithstanding.
SEC. 7. And be it further enacted, That nothing in this act shall be Prior legal
remedies not to
construed to repeal, take away, or impair any legal remedy or remedies be impaired.
defendant of the full amount of the credits therein stated ; and that, by relying on the said transcript, as
evidence of such credits, the defendant does not admit the correctness of any of the debits in the said
account, of which the transcript is not, per se, evidence ; and that the said transcript is not, per se,
evidence of any of the items of debit therein stated, except the first. By the Court-The correctness of
the principle laid down by the circuit court in this instruction, has been recognized by the supreme court,
in a case between the same parties, at the present term. Ibid.
The auditor's report of a balance due from a person accountable for public money, is a guide to the
comptroller as to the amount to be sued for, but not evidence for the court of the debt. United States v.
Patterson, Gilpin's D. C. R. 47.
Where the public officers are authorized by law to certify to certain facts, their certificates to these
facts are competent evidence thereof. Gass v. Stinson, 2 Sumner's C. C. R. 605.
A certified statement of a balance due, and the report thereof to the comptroller, is not such a tran-
script from the books and proceedings of the treasury as may be given in evidence under the 2d section
of the act of March 3, 1797. United States v. Patterson, Gilpin's D. C. R. 47.
The letters and transactions between the officers of the government, and a debtor to the United States,
relative to his account, may be given in evidence under a plea of payment. United States v. Beattie,
Gilpin's D. C. R. 97.
The certificate of the register of the treasury department, under his hand, that certain receipts, of
which copies are annexed, are on file in his office, with a certificate of the secretary of the treasury,
under the seal of the department, that he is register; is not evidence. It must appear not only that the
officer who gives the certificate, has the custody of the papers, but that he is authorized by law to certify
them, and the register is not so authorized; a sworn copy should have been produced. Bleecker v. Bond,
3 WashyC. C. R. 629.
At the treasury department, a general account had been kept with the collector of the customs from the
time of his appointment; during which, different bonds had been given to the United States for each term
of office. Afterwards, a statement of the account of the collector for one term of office was made out,
and a transcript of their accounts was offered in evidence. The evidence was legal. The United States
v. Eckford's Ex'rs, 17 Peters' Rep. 251.
(a) See notes as to the priority of the United States, to act of May 8, 1792, chap. 23, page 263.

FOURTH CONGRLESS. SEss. IL CH. 23, 24, 25. 1797.
for the recovery of debts now due, or hereafter to be due to the United
States, in law or equity, from any person or persons whatsoever, which
remedy or remedies might be used if this act was not in force.
STATUTE II.
March 3, 1797. CHAP. XXIII.n et authorizingan expenditure andmakingan appropriation

for the Prosecution (f theClaims of certain Citizens ff the United States, for
Property captured by the belligerent Powers.
[Obsolete.]
Fifty thousand SECTION 1. Be it enacted by the Senate and House of Representa-
dollars appro- tives of the United States of America in Congress assembled, That the
priated to pro.
secute claims of President of the United States be, and he is hereby authorized to ad-
American citi. vance, on account of the-several prize causes before the court of admi-
zens,in England ralty and court of appeals in England, a sum sufficient to defray the
in prize causes.
costs thereof, so far as the agents of the United States may have become
sureties for the same. And that for defraying, during the year one
thousand seven hundred and ninety-seven, that expense, and that'which
may be incurred in procuring from the admiralty courts of any of the
belligerent powers, copies of papers relative to the property of American
citizens, captured by any of the said powers, a sum not exceeding fifty
thousand dollars, shall be, and hereby is appropriated, in addition to the
sums which, from the appropriations for intercourse with foreign nations,
have been expended under the direction of the President of the United
States, in the prosecution of those claims; which sum shall be paid
from any monies which may be in the treasury, not otherwise appro-
priated.
Costs incurred SEC. 2. And be it further enacted, That from the money which has
by the United been, or which shall be received on any claim, as aforesaid, all costs in
States to be de- the prosecution therefor, which have been, or which shall be incurred by
ducted from the
sums recovered. the United States, shall be taken and deducted, or otherwise refunded,
and shall be accounted for by the agent or agents employed therein,
under the direction of the President; which account, as far as may be
then had, shall be submitted to Congress at their next session.
STATUTE II.
March 3,1797. CHAP. XXIV.--nB .&t providingfor certain Buoys, to be placed in and near
the )Ilrborof Boston.
Buoys to be SECTION 1. Be it enacted by the Senate and House of Representa-
placed in the tiVes of the United States of America in Congress assembled; That the
harbor of Bos- Secretary of the Treasury be authorized and directed, to cause to be
ton. placed in and near the harbor of Boston, in the state of Massachusetts,
upon such rocks, ledges, or shoals, as the security of navigation there
most requires to be distingnished, not exceeding six larger, and ten
smaller buoys, whereof the whole expense shall not exceed one thou-
sand six hundred dollars.
Appropriation. SEC. 2. And be it further enacted, That a sum not exceeding one
thousand six hundred dollars, shall be, and hereby is appropriated to de-
fray the necessary expense of the said buoys, to be paid from the duties
on imports and tonnage.
STATUTE 11.
March 31797. C nAP. XXV.-Iqn Set extending the time for receiving on Loan the Domestic
Debt of the United Slates.
[Obsolete.]
Time extend- Be it enactedby the Senate and House of Representativesof the United
ed to loan do. States of America in Congress assembld, That all the several proi-
mestic debt.
sions of the act, intituled "An act further extending the time for receiving

FOURTH CONGRESS. SEss. II. CH. 26, 27. 1797.
on loan the domestic debt of the United States," passed the pineteenth 1796, ch. 2.
day of February, one thousand seven hundred and ninety-six, be, and
they are hereby continued in force, until the thirty-first day of-December
next, and no longer: Provided, that nothing herein contained, shall be
construed to extend to aity evidence of public debt, which may be barred
by any act of limitation.
STATUTE II.
CHAP. XXVI.-.qn qt to rcvive and continue the act, passed the thirtieth of Kay, March 3,1797.
one thousand seven hundred and ninety.six, intiluled ".dn act to regulate the
compensation (f tlerks." [Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Act continued.
of the United States of America in Congress assembled, That the act,
intituled- "An act to regulate the compensation of clerks," passed the Ante, p. 486.
thirtieth of May, one thousand seven hundred and ninety-six, be and the
same is hereby revived and continued until the first day of January next.
SEC. 2. And be it further enacted, That the sum of one hundred Additional al-
to
lowancesergeant.
dollars be allowed and paid to each of the principal and engrossing 9clerks,
clerks in the office of the Secretary of the Senate, in addition to the at-arms an
sums allowed them by law, for the year one thousand seven hundred doorkeepers.
and ninety-six : And also, that the further sum of one hundred dollars to
each of the principal and engrossing clerks employed by the Secretary
of the Senate, and the clerk of the House of Representatives, be allowed
and paid, for the year one thousand seven hundred and ninety-seven;
also, the like sum to the sergeant-at-arms of the House of Representa-
tives, and to each of the doorkeepers and assistant doorkeepers of the
two Houses of Congress, in addition to the sums heretofore allowed by
law.
STATUTE If.
CHAP. XXVII.--dn&t concerning the Circuit Courts of the United States. March 3, 1797.
SECTION 1. Be it enacted by the Senate and House of Representatives Times of hold-
of the United States of America in Congress assembled, That from and ing the circuit
after the expiration of the present session of Congress, the times and courts.
Act of April
places of holding the several circuit courts of the United States, in. the 29,1802, ch. 23.
present and each succeeding year, shall be as follows, to wit:
In the state of New York:, at the city of New York, on the first days New York.
of April and September.
In Connecticut, at New Haven, on the thirteenth day of April, and at Connecticut.
Hartford on the seventeenth day of September.
In Vermont, at Windsor, on the first day ot May, and at Rutland, on Vermont.
the third day of October.
In New Hampshire, at Portsmouth, on the nineteenth day of May, New Hamp-
and at Exeter, on the second day of November. shire.
In Massachusetts, at Boston, on the first day of June, and twentieth Massachusetts.
day of October.
In Rhode Island, at Newport, on the fifteenth day of June, and at Rhode island.
Providence on the fifteenth day of November.
In New Jersey, at Trenton, on the first days of April and October. New Jersey.
In Pennsylvania, at Philadelphia, on the eleventh days of April and Pennsylvania.
October.
In Delaware, at New Castle, on the twenty-seventh day of June, and Delaware.
at Dover, on the twenty-seventh day of October.
In Maryland, at Annapolis, on the seventh day of May, and at Balti- Maryland.
more, on the seventh day of November.
In Virginia, at Richmond, On the twenty-second days of May and Virginia.
November.

FOURTH CONGRESS. SEss. IL CH. 27. 1797.
Georgia. In Georgia, at Savannah, on the twentieth day of April, and at Au-

gusta, on the eighth day of November.
South Carolina. In South Carolina, at Charleston, on the sixth day of May, and the
twenty-fifth day of October.
North Carolina. In North Carolina, at Raleigh, on the first day of June, and on the
thirtieth day of November: Provided, that if any of these days shall
happen on a Sunday, the court shall be held on the day following.
Certain acts SEC. 2. And be it further enacted, That the fifth section of an "act
repealed. for altering the times of holding the circuit courts, in certain districts
Act of April
13, 1792, ch. 21. of the United States, and for other purposes," and the third, fourth, fifth
Ante, p. 395. and sixth sections of "An act making certain alterations in the act for
District courts establishing the judicial, and altering the time and place of Iholding cer-
to be held at tain courts," be, and the same are hereby repealed; and that the stated
Newbern. district courts of North Carolina, shall, in future, be held at the town of
Newbern.
SEC. 3. And be it further enacted, That all such process of the several
district courts, within the said district, as before the passing of this act
shall have issued, and all recognizances made, returnable to any of the
said several district courts; and all suits and other proceedings, that
were continued, and are depending therein, shall now be returned and
held continued to the district court of the said state, to be holden at
Newbern, on 4he first Monday in April next; and shall therein be tried,
and otherwise proceeded on, according to law; and the dockets and
records of the said several district, courts, shall be hereafter kept at
Newbern, aforesaid. And, to the end, that suitors, witnesses, and all
others concerned, may have notice of the alteration hereby made, the
marshal of the said district, of North Carolina is hereby required to make
the same known, by proclamation, on or before the twenty-third day of
the present month.
Process how SEC. 4. And be it further enacted, That all proceedings, and process
returnable, depending, in, or issuing out of any of the said courts, which afe or may
be made returnable to any other times and places appointed for holding
the same, than those above specified, shall be deemed legally returnable
on the days and at the places above specified, and not otherwise. And
all suits'and other proceedings in any of the said courts, which stand
continued to any other times and places than those above specified, shall
be deemed continued to the times and places prescribed by this act, and
no other.
District judge SEC. 5. Provided, and be it furtherenacted, That if in consequence
may issue a ye- of any alterations made by this act, it shall appear expedient to the dis-
hire. trict judge of any of the districts where such alterations are made as
aforesaid, that a new venire should issue for the summoning of jurors to
attend the circuit court of such district, which is to be first held after the
present session of Congress, it shall be lawful for him to direct the clerk
of the said circuit court to issue a venire accordingly, for the summoning
of such number of jurors as the said district judge shall think fit, and
from such parts of the district as shall appear to him most suitable to the
convenience of the people thereof, giving reasonable notice of the time
and place of attendance.
Time ofhold- SEC. 6. And be it further enacted, That from and after the first day
ing district
courts in Ken. of September next, the present terms for holding the district court, in
tucky the Kentucky district, shall cease, and thereafter the said court shall be
holden on the second Monday in March, the third Monday in June, and
the third Monday in November, annually.

FOURTH CONGRESS. Srss. II. REs. 1, 2. 1797.
RESOLUTIONS. March 2, 1797.
I. RESOLVED, by thpe Senate and'Houseof Represnytatives of the United President to

Stafes of America in L)emgr,,ss assembled, That the President be reqdested call on certain
states respect.
to adopt some speedy and effectual means of obtaining information from ing an amend-
the states of Connecticut, New Jersey, Pennsylvania, Maryland, Vir- ment to the
ginia, Kentucky, Tennessee and South Carolina, whether they have Constitution.
ratified the amendment proposed by Congress to the Constitution con-
cerning the suability of states; if they have, to obtain the proper evi-
dences thereof.
March 3, 1797.
IT. RESOLVED, by the S9enate and Ifous of Represntatives of the Mode of dis-
Urnted States of America in Ctongress asseeihld, That the five hundred tributing laws of
United States.
copies of the laws of the United States, directed to be printed by the act,
intituled "An act for the more general promulgation of the laws of the
United States," and which were, by the said act, reserved for the future
disposition of Congress, shall be distributed by the Secretary of State,
in the manner following: One set shall be delivered to George Wash-
ington, now President of the United States; to the President of the
united States; to the Vice President of the United States, and to each
of the members of the Senate and House of Representatives; six sets
shall be delivered to the Secretary of the Senate, and twelve sets to the
clerk of the House of Representatives; one set shall be delivered to
each of the Judges of the Supreme Court; to each of the Judges of
the District Courts ; and to each of the Marshals and Attornies of each
district; one set shall -be delivered to the .Secretary of State; to the
Secretary of the Treasury; to the Secretary of War; to the Attorney
General; to the Director of the Mint; to the Comptroller of the Trea-
sury; to the Commissioner of the Revenue; to the Register; to the
Auditor; to the Accountant of the War Department, and to the Post-
master General, and the Purveyor of Public Supplies; one set shall
be delivered to the Governor and to the Secretary of the Territory north-
west of the Ohio, and to each of the Judges thereof; one set shall be
delivered to each Collector, Naval Officer and Surveyor, and to each
Supervisor and Inspector of the Revenue, in the United States.
SEC. 1. And be it further resolved, That in case of the death, resig-
nation, or dismission from office, of either of the officers before men-
tioned, excepting the President and Vice President of the United States,
the members of the Senate and House of Representatives, and the Judges
of the Supreme and District Courts, the said copies of the laws of the
United States, delivered to them as aforesaid, shall belong to their re-
spective successors in the said offices.

ACTS OF THE FIFTH CONGRESS
OF THE
UNITED STATES,
Passed at the frst session, which was begun and held at the City of
Philadelphia,in the state of Pennsylvania, on Monday, the fifteenth
day of May, 1797, and ended on the eighth of July, 1797.
Jor ADAMS, President; THOMAS JEFFERSON, Vice President of the
United States, and President of the Senate; WILLIAM BRADFORD,
President of the Senate pro tempore, from July 6th; JONATIAN DAY-
TON, Speaker of the House of Representatives.
STATUTE I.
June 14, 1797. CHAPTER I.-.Bn Slet to prevent citizens of the United States from Privateering
Repealed by againstnations in amity with, or againstcitizens of the United States.
Act of April 20,
1818 c. 88, SECTION 1. Be it enacted bytie Senate and House of Representatives
see. 12. 'of the United States of America in Congress assembled, That if any
Citizens
out or citizen or citizens of the United States shall, without the limits of the
ships,fitting
concerned same, fit out and arm, or attempt to fit out and arm, or procure to be
therein, how fitted out and armed, or shall knowingly aid or be concerned in the fur-
Eunished and Dishing, fitting out or arming any private ship or vessel of war, with
1794, ch. 50. intent that such ship or vessel shall be employed to cruise or commit
hostilities, upon the subjects, citizens or property of any prince or state
with whom the United States are at peace, or upon the citizens of the
United States, or their property, or shall take the command of, or enter
on board of any such ship or vessel for the intent aforesaid, or shall
purchase an interest in any vessel so fitted out and armed, with a view
to share in the profits thereof, such person or persons so offending shall,
on conviction thereof, be adjudged guilty of a high misdemeanor, and
shall be punished by a fine not exceeding ten thousand dollars, and im-
prisonment not exceeding ten years: And the trial for such offence, if
committed without the limits of the United States, shall be in the dis..
trict where the offender shall be apprehended or first brought.
Construction SEc. 2. And be it further enacted, That nothing in the foregoing act
of this act. shall be construed to prevent the prosecution or punishment of treason,
or any piracy defined by a treaty or other law of the United States.
STATUTE 1.
June 14, 1797. CH.4P. 11.-.n .Setprohibiting,for a limited time, the Exportation of .Srms and
[Expired.] .Smmunition, and for encouraging the Importationtheremf.
Exportation of SECTION 1. Be it enacted by the Senate and House of Representatives
cannon, &c. un. of the United States of America in Congress assembled, That it shall not
lawful until b e lawful to export from the United States any cannon, muskets, pistols,
March 3,1798. bayonets, swords, cutlasses, musket-balls, lead, bombs, grenadoes, gun-
powder, sulphur or saltpetre, but the exportation of all the aforesaid
articles is hereby prohibited, until to the end of the next session of (Ion-
gress, and no longer.
Vessels. SEC. 2. And be it further enacted, That any of the aforesaid articles
excepting such of them as may constitute a part of the equipment of
520

FIFTH CONGRESS. Szs . I. CH. 3. 1797.
any vessel, which during the continuance of this prohibition shall be Vessels ex.
found on board of any vessel in any river, port, bay or harbour within portingthesame
the territory of the United States, put on board with an intent to be to be forfeited.
exported from the United States, shall be forfeited, and in case the ialue
thereof shall amount to one hundred dollars, the vessel on board of which
the same shall be seized, together with her tackle, apparel and furniture,
shall also be forfeited. Provided nevertheless, that nothing in this act Prohibition
shall be construed to prohibit the removal or transportation of any of not to extend to
removal of such
the articles aforesaid from one port to another port within the United articles from
States, in any vessel having a license as a coasting vessel, the master, one part of the
agent or owner of which shall have given bond, with one or more suffi- United States to
cent sureties, to the collector of the district from which such vessel is another.
about to depart, in a sum double the value of such vessel and of such
of the said articles as may be laden on hoard her, that the said articles
shall be re-landed and delivered in some port of the United States. Or
to prevent the exportation of any of the above articles on public account,
under the direction of the President of the United States.
SEC. 3. And be it further enacted, That if any of the articles afore- Master of yes-
said shall, contrary to the prohibitions of this act, be exported from the sel shall be lia-
United States, the vessel in which the same shall have been exported, ble to indict-
ment for violat-
together with her tackle, apparel and furniture, shall be forfeited, and ing.this act.
the captain or master of such vessel, knowingly offending in the pre-
nises, shall be liable to indictment, and upon conviction shall forfeit and
pay a sum not exceeding one thousand dollars; which shall be distri-
buted in like manner as is herein after provided as to other forfeitures
incurred under this act. Duty of cus-
SEC. 4. And be it further enacted, That it shall be the duty of the tom house offi.
custom-house officers, and of all persons employed in the collection of cers herein.
the revenue, to attend to the execution' of this law, and all forfeitures
and penalties incurred under it and not otherwise directed to be prose-
cuted and recovered, shall be sued for, prosecuted, adjudged and distri-
buted in like manner as is provided in the act, entitled "An act to Ante, p. 145.
provide more effectually for the collection of the duties imposed by law
on goods, wares and merchandise imported into the United States, and
on the tonnage of ships and vessels."
SEC. 5. And be it further enacted, That all brass cannon, muskets Such articles
and firelocks with bayonets suited to the same, pistols, swords, cutlasses, may be import
musket-ball, lead, and gunpowder, which shall be imported into the ed free of duty.
United States from any foreign country, within the term of one year, and
all sulphur and saltpetre which shall be so imported within the term of
two years from and after the passing of this act, shall be free of duty;
any thing in any former law to the contrary notwithstanding.
STATUTE I.
CHAP. 19I.-. n .3ctto providefor thefurther Defence of the Ports and Harborsof June23, 1797.
the United States.
SECTION 1. Be it enacted by the Senate and House of Representa- Appropriation
tines of the United States of America in Congress assembled, That for of $115.000 for
fortifying certain ports and harbors of the United States, there be fortifying ports;
appropriated a sum not exceeding one hundred and fifteen thousand Post, p. 554.
dollars.
SEC. 2. And be it further enacted, That the said appropriation shall
be paid and discharged out of the surplus of the revenue and income,
beyond the appropriations heretofore charged thereon.
SEc. 3. And be it firther enacted, That the President of the United
States be, and he is hereby empowered to authorize any of the states
which were found indebted to the United States in a settlement of the
VOL. .-- 66 2x 2

FIFTH CONGRESS. SEss. I. Cla. 4. 1797.
out of which accounts .between them and the respective states, to expend under his
funds payable direction the sums respectively due from them in fortifying their ports-
debtor states
may expend un- and harbors; and the sums which may be so expended shall be passed
der direction ofto the credit of the said states, on account of the balances found and
the President, reported by the commissioners for settling the accounts between the
the sums due United States and the individual states, to be due from the said states to
from them,
provided they the United States. Provided,the said states shall and do cede to the
cede the lands. United States the lands or places on which such fortifications shall be
2798, ch. 37, § 3. so erected, in cases where the lands are the property of such states.
STATUTE 1.
June 24, 1797. CHAP. IV.-tn Act authorizing a detachment from the Militia of the United
(Expired.] States.
80,000 militia SECTION 1. Be it enacted by the Senate and House of Representatives
to be held in of the United States of America in Congress assembled, That the
President of the United States be, and is hereby authorized to require
of the executives of the several states, to take effectual measures, at such
time as he shall deem necessary, to organize, arm and equip, according
to law, and hold in readiness to march at a moment's warning, the fol-
lowing proportions, respectively, of eighty thousand effective militia, offi-
Proportion of cers included, to wit: From the state of Tennessee, eight hundred and
each state, six: from the state of Georgia, one thousand three hundred and thirty-
four: from the state of South Carolina, three thousand five hundred and
thirty-five: from the state of North Carolina, seven thousand two hun-
dred and sixty-eight: from the state of Kentucky, one thousand five
hundred and forty-two: from the state of Virginia, eleven thousand one
hundred and fifty: from the state of Maryland, five thousand two hun-
dred and sixty-two: from the state of Delaware, one thousand one hun-
dred and sixty-eight: from the state of Pennsylvania, ten thousand six
hundred and ninety-six: from the state of New Jersey, four thousand
two hundred and eighty-six: from the state of New York, seven thou-
sand nine hundred and twenty-three: from the state of Vermont, two
thousand one hundred and fifty: from the state of Connecticut, five
thousand eight hundred and sixty: from the state of Rhode Island, one
thousand six hundred and twenty-six: from the state of Massachusetts,
eleven thousand eight hundred and thirty-six: from the state of New
Hampshire, three thousand five hundred and fifty-eight.
The President SEC. 2. And be it further enacted, That the President may, if he
may authorize judges expedient, authorize the executives of the several states, to accept
the state exec- any independent corps of cavalry, artillery or infantry, as part of.the
utives to re.
ceive indepen- detachments aforesaid, provided they shall voluntarily engage as corps
dent corps. in the service.
Limitation of SEC. 3. And be it further enacted, That the said militia shall not be
iervice, compelled to serve a longer time, in any one tour, than three months,
after their arrival at the place of rendezvous: and that, during the time
of their service, the commissioned officers shall be entitled to the same
pay and subsist. pay and rations that are allowed by law, to officers of the same rank on
ence; the military establishment of the United States; and the non-commis-
allowance for sioned officers, musicians, and privates, shall receive the pay and allow-
clothing. ance for clothing, established by an act, entitled "An act to regulate
Ante, p. 408. the pay of the non-commissioned officers, musicians and privates of the
militia of the United States, when called into actual service, and for
other purposes."
This act to he SEC. 4. And be it-further enacted, That this act shall continue and
in force one be in force, for the space of one year from the passing thereof, and from
year. thence to the end of the next session of Congress, and no longer.
APDtovED, June 24, 1797.

FIFTH CONGRESS. SEss. I. Cit. 5, 6, 7. 1797.
STATUTE 1.
CHAP. V.-An Act in addition to an act, entitled ,.dn act concerning the register- June 27, 1797.
ing and recording of Ships and Vessels."
[Expired.)
Be it enacted by the Senate and House of Representatives of the Act of Dec.
United States of America in Congress assembled, That no ship or vessel 31, 1792, ch. 1.
which has been, or shall be registered, pursuant to any law of the United Vessels
States
of U.
captured
States, and which hereafter shall be seized, or captured and condemned, and condenred
under the authority of any foreign power, or that shall by sale become under any for-
the property of a foreigner or foreigners, shall, after the passing of this eign power, or
r-
to a
ifsold
act, be entitled to, or capable of receiving, a new register, notwithstand- eigner, shall not
ing such ship or vessel should afterwards become American property; receive a new
but that all such ships and vessels shall be taken and considered, to all register.
intents and purposes, as foreign vessels: Provided,that nothing in this Proviso.
act contained, shall extend to, or be construed to affect the person or 1804, ch.52, § 2.
persons owning any ship or vessel, at the time of the seizure, or capture
of the same, or shall prevent such owner, in case he regain a property in
such ship or vessel, so condemned, by purchaie or otherwise, from
claiming and receiving a new register for the same; as he might or could
have done, if this act had not been passed.
STATUTE I.
CHAP. VI.-.n act directing the appointment of Agents, in relation to the sixth June 30, 1797.
article of the Treaty of .Amity, Jommerce and Navigation, between the United
States and Great Britain. [Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Agent to be
of the United States of America in Congress assembled, That the Pre-thon appointed to ac t
part Uniterd
sident of the United States be, and hereby is authorized, by and with States, und
the advice and consent of the Senate, to appoint a proper person to act direction of At
in behalf of the United States, under the direction of the Attorney torney General
before the corn
General, in relation to such claims as may be made against the United on e
States, before the commissioners appointed to carry into effect' the sixth der sixth artichh
article of the treaty of amity, commerce and navigation, between the of treaty wit
United States of America and his Britannic Majesty. And it shall be Great Britain..
the duty of the Attorney General, to counsel such agent, and to attend Duty of Attor,
before the said commissioners, whenever any questions of law, or fact, ney General
to be determined by them, shall render his assistance necessary. herein;
SEC. 2. And be it further enacted, That the Attorney General be authorized to
and is hereby authorized to employ such agents, in different parts of the .inemploy agents
different part
United States, as the business before the said commissioners, in his offtheU. States
opinion, shall make necessary, to be paid according to their services, at
such rate as the President of the United States shall direct.
SEc. 3. And be it further enacted, That during the continuance of Additional
the service to be performed under this act, the Attorney General shall compensation.
be entitled to an additional compensation of six hundred dollars per
annum; and the person hereby directed to be appointed, to a compen-
sation at the rate of tw9 thousand dollars per annum.
SEc. 4. And be it further enacted, That for enabling the President Appropriation.
of the United States, to defray the expenses to be incurred under, and
by this act, a sum not exceeding ten thousand dollars, be, and hereby is
appropriated, to be paid out of any monies not other*ise appropriated.
STATUTE 1.
CHAP. VIT.-A#n Act providing a Naval Armament. Aly 1, 1797.

SECTION 1. Be it enacted by the Senate and Houseof Representatives [Expired.]
Act of March
of the United States of America in Congress assembled, That the Pre- 27, 1794, ch. 12.
sident of the United States be and he is hereby empowered, should he

FIFTH CONGRESS. SEss. . C. 7. 1797.
President may deem it expedient, to cause the frigates United States, Constitution and
man and employ
the frigates; Constellation, to be manned and employed.
ther commis. SEc. 2. And be itfurther enacted, That ihere shall be employed on
sioned officers, board each of the ships of forty-four guns, one captain, four lieutenants,
two lieutenants of marines, one chaplain, one surgeon, and two surgeon's
mates; and in the ship of thirty-six guns, one captain, three lieutenants,
ofie lieutenant of marines, one surgeon, and one surgeon's mate.
Warrant offi. Sac. 3. And be it further enacted, That there shall be employed in
cers. each of the said ships, t'e following warrant officers, who shall be ap-
pointed by the Presiden of the United States, to wit: one sailing master,
one purser, one boatswain, one gunner, one sail-maker, one carpenter,
and eight midshipmen; and the following petty officers, who shall be
appointed by the captains of the ships respectively, in which they are to
be employed, viz i two master's mates, one captain's clerk, two boat-
swain's mates, one cockswain, one sail-maker's mate, two gunner's mates,
one yeoman of the gun-room, nine quarter gunners, (and for the two
larger ships two additional quarter gunners) two carpenter's mates, one
armourer, one steward, one cooper, one master at arms, and one cook.
Crews. SEc. 4. And be it further enacted, That the crews of each of the ships
of forty-four guns, shall consist of one hundred fAnd fifty seamen, one
hundred and three midshipmen and ordinary seamen, three sergeants,
three corporals, one drum, one fife, and fifty marines: and that the crew
of the ship of Thirty-six guns shall consist of one hundred and thirty able
seamen and midshipmen, ninety ordinary seamen, two sergeants, two
corporals, one drum, one fife, and forty marines, over and above the
officers herein before mentioned.
Pay and sub- SEc. 5. And be it further enacted, That the pay and subsistence of
sistence. the respective commissioned and warrant officers, be as follows: A cap-
tain, seventy-five dollars per month, and six rations per day; a lieutenant,
forty dollars per month, and three rations per day; a lieutenant of
marines, thirty dollars per month, and two rations per day; a chaplain,
forty dollars per month, and two rations per day; a sailing master, forty
dollars per month, and two rations per day; a surgeon, fifty dollars per
month, and two rations per day ; a surgeon's mate, thirty dollars per
month, and two rations per day; a purser, forty dollars per month, and
two rations per day; a boatswain, twenty dollars per month, and two
rations per day; a gunner, twenty dollars per month, and two rations per
day; a sail-maker, twenty dollars per month, and two rations per day;
a carpenter, twenty dollars per month, and two rations per day.
President to SEC. 6. -And be it further enacted, That the pay to be allowed to the
fix the pay to petty officers, midshipmen, seamen, ordinary seamen and marines, shall
petty officers, be fixed by the President of the United States: Provided,that the whole
&c.
sum to be given for the whole pay aforesaid
shall not exceed fifteen
thousand dollars per month, and that each of the said persons shall be
entitled to one ration per day.
Ration. SEac. 7. And be it further enacted, That the ration shall consist of as
follows: -Sunday' one pound of bread, one pound and a half of beef, and
half a pint of rice; Monday, one pound of.bread, one pound of pork,
half a pint of peas or beans, and four ounces of.cheese; Tuesday; one
pound of bread, one pound and a half of beef, and one pound of pota-
toes, or turnips and pudding; Wednesday, one pound of bread, two
ounces of butter, or in lieu thereof six ounces of molasses, four ounces
of cheese, and half a pint of rice; Thursday, one pound of bread, one
pound of pork, and half a pint of peas or beans; Friday, one pound of
bread, one pound of salt fish, two ounces of butter, or one gill of oil,
and one pound of potatoes; Saturday, one pound of bread, one pound
of pork, half a pint of peas 4r beans, and four ounces of cheese; and
there shall also be allowed one half pint of distilled spirits per day, or in
lieu thereof one quart of beer per day, to each ration.

FIFTH CONGRESS. SESS. I. Cu. 8. 1797.
SEC. 8. And be it further enacted, That the officers, non-commis- By what rules
sioned officers, seamen, and marines, belonging to the navy of the United to be governed.
States, shall be governed by the rules for the regulations of the navy
heretofore established by the resolution of Congress of the twenty-eighth
of November, one thousand seven hundred and seventy-five, as far as
the same may be applicable to the constitution and laws of the United
States, or by such rules and articles as may hereafter be established.
SEc. 9. And be it further enacted, That the appointment of the officers' Themake
may President
the
to the frigates may be made by the President alone in the recess of the appointments
Senate; and their commissions, if so appointed, shall continue in force alone, in recess
till the advice and consent of the Senate can be had thereupon at their of the Senate.
next meeting which may happen thereafter.
SEC. 10. And be it further enacted, That the seamen and marines Term of ser-
shall not be engaged to serve on board the frigates, for a period exceed- vice.
ing one year; but the President may discharge the same sooner if in his
judgment their services may be dispensed with.
Sac. 11. And be it further enacted, That if any officer, non-commis- Provision in
sioned officer, marine or seaman belonging to the navy of the United case of wounds.
States, shall be wounded or disabled, while in the line of his duty in Limitation of
public service, he shall be placed on the list of the invalids of the United tiin cseoes
States, at such rate of pay and under such regulations as shall be directed wounds.
by the President of the United States: Provided always, that the rate of
compensation to be allowed forsuch wounds or disabilities to a commis-
sioned or warrant officer shall never exceed for the highest disability
half the monthly pay of such officer at the time of his being so disabled
or wounded; and that the rate of compensation to non-commissioned
officers, marines and seamen, shall never exceed five dollars per month:
And provided also, that all inferior disabilities shall entitle the person so
disabled to receive an allowance proportionate to the highest disability.
Sac. 12. And be it further enacted, That the President of the United President may
States be, and he is hereby authorized, if circumstances should .hereafter increase the
arise, which in his opinion may render it expedient, to increase the cutters.
strength of the several revenue cutters, so thatthe number of men em.
ployed do not exceed thirty marines and seamen to each cutter ; and
cause the said revenue cutters to be employed to defend the sea coast,
and to repel any hostility to their vessels and commerce, within their
jurisdiction, having due regard to the duty of the said cutters, in the
protection of the revenue.
SEC. 13. And be it furthier enacted, That the compensations estab., Act making
lished by the first section of the act passed on the sixth day of May, one compensation to
thousand seven hundred and ninety-six, entitled "An act making heir officers
further provision relative to the revenue cutters," be, and the same is tinued.
hereby continued and confirmed, on the terms and conditions of the said 1796, ch. 22.
act, to the mariners and marines, who are or may be employed-as afore-
said.
SEc. 14. And be it further enacted, That this act shall continue in Limitation of
force for the term of one year, and from thence to the end of the then this act.
next session of Congress and no longer.
APPROVED, July 1, 1797.
STAT T -.
CHAP. V1lI. .n S'et to ascertain the time for the next meeting of Congress, and July 1, 1797.
to repeal the act heretofore passed for that puipose.
SECTION 1. Be it enacted by the Senate and House qf Representatives Congress to
of the United States qf America in Congress assembled, That after the meet second
end of the present session, the next meeting of Congreso shall be on the Monday in Nov.
second Monday of November in the present year. 1797.
SEC. 2. And be it further enacted, That the act intituled "An act Ante, p. 507.

FIFTH CONGRESS. SEss. I. CH. 9. 1797.
to alter the time for the next meeting of Congress," passed on the third
day of March last, be, and the same is hereby repealed.
STATUTE I.
July 5,1797. Cisp. IX.-ASn Act fiur reviving and continuing suits and process in the Circuit
Court for the district of North Carolina.
[Obsolete.] WHEREAS, a sufficient quorum of judges did not attend to hold the
circuit court, for the district of North Carolina, for the purpose of doing
business in June term, one thousand seven hundred and ninety-seven;
in consequence whereof, certain provisions are now become necessary
and expedient, to prevent a failure of justice in the said court:
How district SECTION 1. Be it therefore enacted by the Senate and House of
judge of Caro-
ina, shall cause Representatives of the United States of America in Congress assembled,
jurymen to be That it shall and may be lawful, for the district judge of the state of
summoned for North Carolina, to direct the clerk of the said court, to issue such pro-
Nov.term. cess for the purpose of causing persons to be summoned to serve as
jurymen at the said court, at the term to commence the thirtieth day of
November next, as has been before issued by the clerk of the said court
for the like purpose, returnable to June term, one 'thousand seven hun-
dred and ninety-seven; that the persons ordered by the said process to
be summoned for the said purpose, shall be ordered to be summoned in
the same proportion, and from the same counties, as those persons who
were ordered to be summoned for the like purpose, by process return-
able at June term, one thousand seven hundred and ninety-seven: Pro-
Proviso. vided, that if it shall appear expedient to the said district judge, that a
different time of notice shall be prescribed, than that hitherto prescribed,
he may cause such other time' of notice to be directed to be given, as to
him shall appear most conducive to justice, and convenient to the per-
Marshal to sons to be summoned. And the marshal is hereby directed to execute
execute pro. the said process, so to be issued; and the persons who shall be legally
cess. summoned to attend as jurymen, in consequence thereof, are hereby re-
quired to attend the said court, under the like penalties for disobedience,
as if the said process had been ordered to be issued by the said court, in
the ordinary method of proceeding: And the marshal and the persons
who shall attend as jurymen, in virtue of the said process, so to be
issued, shall be entitled to the like allowances for their services, re-
spectively.
How suits and SEC. 2. And be it.further enacted, That all suits and proceedings,
proceedings of what nature or kind soever, which have been commenced in the said
shall be pro.
ceeded on. court, and not finished, shall be proceeded on at the ensuing term, in the
same manner, and to the same effect, as if the said circuit court had
been regularly held for the purpose of business in June term, one thou-
sand seven hundred and ninety-seven, and continuances had been
regularly entered, of all suits and proceedings in the said term, in which
they were depending, in the usual manner of proceeding, as the case
might be.
All writs, &c. SEC. 3. And be it further enacted, That all writs and other process
deemed of same sued out of the clerk's office of the said circuit court, according to the
validity as if
June term bad accustomed method, bearing test in November term, one thousand seven
been regularly hundred and ninety-six, or June term, one thousand seven hundred and
held. ninety-seven, shall be held and deemed of the same validity and effect as
if.the term of June, one thousand seven hundred and ninety-seven, had
been regularly held by a judge or judges competent to do business, and
continuances in respect to writs or other process returnable to the last
mentioned term, had been regularly entered.

FIFTH CONGRESS. SEss. I. Cu. 10, 11. 1797. 527
STATUTE 1.
CHAP. X.-An act to continue in force to the end of the next session, certain acts, July 5, 1797.
and parts of acts, of limited duration. [Obsolete.]
Be it enacted by the Senate and House of Representatives of the Cerain laws
United States of America in Congress assembled, That all laws of the declared, in
the terms
United States, and parts of laws now in force, and which, by Congress, force till the end
of their limitation, will expire with the end of this session of
ofnextsession.
shall be, and hereby are continued in force, until the end of the next
session.
STATUTE I.
CaLP. XI.-A.n Act laying Duties on stamped Vellum, Parchacntand Paper.(a) July 6, 1797.
SECTION 1. Be it enacted by the Senate and House of Representatives [Repealed.]
of the United States of America in Congress assembled, That from and Rate of duties
after the thirty-first day of December next, there shall be levied, collected On stamped vel-
lum, &c. on 1st
and paid throughout the United States, the several stamp duties follow- Jan. 1798.
ing, to wit: For every skin or piece of vellum, or parchment, or sheet 1797, ch. 11.
or piece of paper uporr which shall be written or printed any or either
of the instruments or writings following, to wit: any certificate of natu- Certain cer-
ralization, five dollars: any license to practice or certificate of the tificates.
admission, enrolment or registry of any counsellor, solicitor, attorney,
advocate or proctor in any court of the United States, the sum of ten
dollars; any grant or letters patent under the seal or authority of the
United States, except for lands granted for military services, four dol-
lars; any exemplification or certified copy of any such grant or letters Exemplifica.
patent, two dollars; any charter-party, bottornry, or respondentia bond, tion of letters
patent.
one dollar; any receipt or other discharge for or on account of iny Receipts.
legacy left by any will or other testamentary instrument, or for any share
or part of a personal estate divided by force of any statute of distribu-
tions, the amount whereof shall be above the value of fifty dollars, and
shall not exceed the value of one hundred dollars, twenty-five cents;
where the amount thereof shall exceed the value of one hundred dol-
lars and shall not exceed five hundred dollars, fifty cents; and for every
further sum of five hundred dollars, the additional sum of one dollar;
any policy of insurance or instrument in nature thereof, whereby any ships, Policy of in.
vessels or goods going from one district to another in the United States, surace.
or from the United States to any foreign port or place, shall he insured,
to wit, if going from ope district to another in the United States, twenty-
five cents; if going from the United States to any foreign port or place,
when the sum for which insurance is made shall not exceed five hundred
dollars, twenty-five cents; and when the sum insured shall exceed five
hundred dollars, one dollar; any exemplification, of what nature soever,
that shall pass the seal of any court, otheK than such as it Inly be the
duty of the clerk of such court to furnish for the use of the United States
or some particular state, fifty cents; any bonds, bills, single or penal, Rate orduties
foreign or inland bill of exchange, promissory note, or other note for the on bonds and
security of money, according to the following scale, viz. on all bonds, notes.
(a) The acts imposing and relating to duties on stamps, have been : An act laying duties on stamped vel.
parchment, and paper, July 6, 1797, chap. 11 ; an act to postpone for a limited time, the commence-
murn,
ment of the duties imposed by the act entitled, "an act laying duties on stamped vellum, parchment, and
paper," December 15, 1797, chap. 1 ; an act to amend the act entitled, " an act laying duties on stamped
vellum, parchment, and paper," March 19, 1798, chap. 20; an act to alter the duties imposed upon
foreign bills of exchange, and bills of lading by I"an act laying duties on stamped vellum, parchment,
and paper," February 28, 1799, chap. 17; an act to establish a general stamp office, April 23. 1800,
chap. 31 ; an act to amend an act "'to establish a general stamp office," March 3, 1801, chap. 19; 'an act
laying duties on notes of banks, bankers, and certain companies; on notes, bonds, and obligations dis-
counted by banks, bankers, and certain companies; and on bills of exchange of certain descriptions,
August 2, 1813, chap. 53; an act continuing in force certain acts laying duties on bank notes, refined
sugars, and for other purpnses, February 1, 1816, chap. 9; an act respecting stamps, March 3, 1823,
chap. 55.

FIFTH CONGRESS. S.ss. I. CH'. 11. 1797.
bills, single or penal, foreign or inland bill of exchange, promissory note,

or other note, above twenty dollars and not exceeding one hundred dol-
lars, ten cents; above one hundred and not exceeding five hundred dol-
lars, twenty-five cents; above five hundred and not exceeding one thou-
Proviso. sand dollars, fifty cents; above one thousand dollars, seventy-five cents :
Provided, that if any bonds or notes shall be payable at or within sixty
days, such bonds or notes shall be subject to only two fifth parts of the duty
aforesaid ; and provided,that notes issued by any of the banks now estab-
lished, or which hereafter may be established, within the United States,
shall be subject to a duty according to the following scale, viz. on all notes
not exceeding fifty dollars, at the rate of three fifths of a cent for every
dollar; above fifty dollars and not exceeding one hundred dollars, fifty
cents; above one hundred dollars, and not exceeding five hundred dol-
Protest. lars, one dollar; above five hundred dollars, two dollars; any protest, or
other notarial act, twenty-five cents; any letter of attorney, except for
invalid pensions, or to obtain or sell warrants for land granted by the
United States as bounty for military services performed in the late war,
Rate of duty twenty-five cents; any certificate or debenture for drawback of customs
on certificates or duties for less than five hundred dollars, one dollar; any certificate or
or debentures. debenture for five hundred dollars, and not exceeding two thousand dollars,
two dollars; and on every certificate or debenture for more than two thou-
sand dollars, three dollars; any note or bill of lading for any goods or mer-
chandise to be exported, if from one district to another district of the
United States, not being in the same state, ten cents; if to be exported
to any foreign port or place, twenty-five cents; any inventory or cata-
Any inventory. logue of any furniture, goods or effects, made in any case required by
law (except in cases of goods and chattels distrained for rent or taxes,
and goods taken in virtue of any legal process by any officer) fifty cents;
any certificate of a share in any insurance company, or any certificate of
a share in the Bank of the United States, or of any state, or other bank,
above twenty dollars, and not exceeding one hundred dollars, ten cents;
above one hundred dollars, twenty-five cents; and for any certificate for
every such share under twenty dollars, at the rate of ten cents for one
hundred dollars; and the same for any less sum of the amount of the
Proviso, shares expressed in such certificate: Provided, that nothing in this act
contained, shall extend to charge with a duty, any legacy left by any
will or other testamentary instrument or any share or part of a personal
estate, to be divided by force of any statute of distributions which shall
be left to, or divided amongst the wife, children, or grandchildren of the
person deceased intestate, or making such will or testamentary instru-
ment, or any'recognizance, bill, bond, or other obligation or contract,
which shall be made to, or with the United States, or any state, or for
their use respectively.
Secretary of SEC. 2. And be it further enacted, That in respect to any stamp, on
the any of the notes of the banks now established, or which hereafter may
agree withmay
Treasury
banks for one be established within the United States, it shall be lawful for the Secre-
per cent. on an- tary of the Treasury, to agree to an annual composition for the amount
nual dividends, of such stamp duty, with any of the said banks, of one per centum on
lieu of stamp
luty.
in the amount of the annual dividend made~by such.banks, to their stock-
holders respectively.
Deeds, &c. on SEC. 3. And be it farther enacted, That all deeds and writings what-
ship, construed soever, for the payment of any sum of money, upon the contingency of
to be policies of the loss of any ship, or goods, laden or to be laden on board of any ship,
assurance. or of damage thereto, shall be construed and adjudged to be policies of
assurance, within this act chargeable with the several rates of duty herein
before mentioned.
SEC. 4. And be it further enacted, That when any vessel, or any goods
or merchandise, laden or to be laden on board of any vessel, shall be
insured, a policy, duly stamped, shall be issued, or made out, within the

FIFTH CONGRESS. Sess. L Cu. 11. 1797.
space of three days at furthest; and the insurer or insurers neglecting Penalty on
to make out such policy or policies, within the time aforesaid, shall for- neglecting
make
to
out policy
feit the sum of twenty dollars, for every such neglect or offence; and all of insurance.
promissory notes, or other security made for assurance or insurances of
ships, goods or merchandises at sea, or going to sea, in lieu of a policy,
are hereby declared void.
SEC. 5. And be itfurther enacted, That every deed, instrument, note,
memorandum, letters or other writing between the captain or master, or
owner of any ship or vessel, and any merchant, trader or other person,
in respect to the hire or freight of spch ship or vessel, for conveyance of
any money, goods, wares, merchandise or effects, laden or to be laden
on board of such ship or vessel, shall be deemed and adjudged to be a
charter party.
SEC. 6. And be it further enacted, That every receipt for any sum of leaces, c for
Receipts to
money, paid in whole or in part, of any legacy or share of personal estate, express the fua
distributed as aforesaid, in the cases in which a duty is hereby charged, sum paid.
shall express therein the true sum which shall have been so paid; in
default of which, as well the person or persons by whom the same shall
have been paid, as the person or persons by whom the same shall have
been received, shall severally forfeit and pay the sum of twenty dollars:
And every receipt in full, shall be deemed, for the purpose of charging
the duties hereby laid, to be for the entire um of such legacy or share
of personal estate, unless it shall be made to appear that all such part
thereof, as may not be expressed in such receipt in full, was, previous
thereto, paid, and upon a receipt or receipts, duly marked or stamped,
according to the directions of this act.
SEC. 7. And be it further enacted, That every counsellor, solicitor, Counsellors,
attorney, proctor or advocate, who hath been or shall be admitted, en- &c. shall take
rolled or registered, in any court of the United States, before he shall at certificate Of ad.
any time after the said thirty-first day of December next, prosecute, carry mission.
on, or defend any action, suit or proceeding in any court of the United
States, shall take out a certificate of such admission, enrolment or regis-
try from the clerk or prothonotary of the court granting such admission;
which certificate shall be written on a piece of vellum, parchment or
paper, stamped according to the directions of this act, and such clerk or
prothonotary shall make entry of such admission, enrolment or registry,
in a book to be by him kept for that purpose, to which any person may,
at reasonable times have access, without fee or reward: for which cer-
tificate and entry, there shall be paid to such clerk or prothonotary, by
the supervisor of the revenue for the district wherein such court shall be
held, the sum of twenty-five cents.
SEC. S. And be it further enacted, That the receiving a certificate as Duty to be paid
aforesaid in any one of the courts of the United States, for any one of upon one erti.
of the ficate only.
the said offices, shall be a sufficient admission in all the courts
same, for that or any other of the said offices, so far as relates to the
payment of the duties imposed by this act; any thing herein contained
to the contrary notwithstanding.
SEc. 9. And be it further enacted, That the several duties aforesaid, How these
shall be levied, collected, received, and accounted for, by and under the duties are toandbe
collected
immediate direction and management of the supervisors and inspectors accounted for.
of the revenue, and other officers of inspection, subject to the superin-
tendence, control and direction of the treasury department, according
to the respective authorities and duties of the officers thereof.
SEC. 10. And be it further enacted, That it shall be the duty of the Secretary or
Secretary of the Treasury, to cause to be provided so many marks and ,provide marksto
the Treasury
Stamps differing from each other, as shall correspond with the several and stamps.
rate3s of duty aforesaid ; that is to say, one mark or stamp for each dis-
tinct rate of duty; with which marks and stamps respectively shall be
marked or stamped all vellum, parchment or paper, upon which shall be
I VoL. 1.-67 2Y

FIFTH CONGRESS. SEss. 1. Cu. 11. 1797.
written, or printed, all or any of the several instruments, writings, mat-
ters and things herein beibre enumerated and charged, according to the
nature and description of each of the said instruments, writings, matters
and things as are herein before specified and described. Which said
several marks and stamps shall be notified by a public notification, or
advertisement, to be issued by the Secretary of the Treasury, and inserted
in at least one newspaper printed in each state, and in the territory north
west of the Ohio, and for not less than three months before the said
thirty-first day of December next, to the end that all persons may have
due notice thereof; and which said marks and stamps, or any of them,
shall or may he altered or renewed from time to time, as the said Sec-
retary of the Treasury shall think fit, so as like public notification there-
of be made, for a term not less than three months, before such new
stamps or marks shall begin to be used.
Supervisors to SEC. 11. And be it further enacted, That the supervisors of the reve-
stamp vellum nue are hereby empowered and required, forthwith upon demand to
&c. upon de-
mand made. them or any of them, made by any person or persons, to stamp or mark
any quantities or parcels of vellum, parchment or paper (he or they pay-
ing to the supervisors of the revenue respectively, the respective duties
hereby directed to be paid for the same) to stamp and mark the same
accordingly, without any other fee or reward; which stamp or mark
shall be a sufficient discharge for the several and respective duties here-
by granted upon the said vellum, parchment or paper, which shall be so
stamped or marked.
Penalty on SEC. 12. And be it further enacted, That if any supervisor of the
stamping before revenue shall fix any such mark or stamp to any vellum, parchment, or
the duties are paper, upon such request or demand as aforesaid, before the several and
paid or secured.
respective duties thereupon charged by this act, shall be duly answered
and paid, or secured to be paid, he shall for every such offence, forfeit
his office together with the sum of five hundred dollars.
Penalty on SEC. 13. And be it further enacted, That if any person or persons,
writing or print- shall write or print, or cause to be written or printed upon any unstamped
ing upon vellum
&c. unstamped vellum, parchment or paper, (with intent fraudulently to evade the duties
or improperly imposed by this act) any of the matters and things for which the- said
stamped. vellum, parchment or paper is hereby charged to pay any duty, or shall
write or print, or cause to be written or printed any matter or thing,
upon any vellum, parchment or paper, that shall be marked or stamped
for any lower duty than the duty by this act payable, such person so
offending, shall for every such offence, forfeit the sum of one hundred
dollars; and in case any clerk, officer, or person, who in respect of any
public office or employment, is or shall be authorized or instructed to
make, write, or print any deeds, instruments or writings, by this act
charged to pay a duty, as aforesaid, shall be guilty of any fraud, or prac-
tice to defraud or deprive the United States of any duty by this act pay-
able, by making, writing or printing any such deed, instrument, or writ-
ing, or causing the same to be made, written, or printed upon vellum,
parchment or paper, not marked or stamped according to this act
(or upon vellum, parchment or paper, marked or stamped with any
mark or stamp which he shall know to be qounterfeited) or by writ-
ing or printing any such deed, instrument or other writing upon vel-
lum, parchment or paper, that shall be marked or stamped for a lower
duty as aforesaid, every such clerk, officer or person ,o guilty, and being
thereof lawfully convicted, shall, instead of the penalty aforesaid, forfeit
and pay the sum of five hundred dollars; and, if an officer of the United
States, shall, in addition thereto, forfeit his office and be disabled to hold
or enjoy the same for the future; and if any debd, instrument, or writing
whatsoever, by this act charged with the payment of a duty, as aforesaid,
shall, contrary to the true intent and meaning thereof, be written or
printed, by any person or persons whomsoever, upon vellum, parchment,

FIFTH CONGRESS. SEss. I. Cn. M 1797.
or paper, not marked or stamped, according to this act, or upo vellum
parchment or paper, marked or stamped, for a lower duty than ought to
be paid upon the same, then, and in every such case, there shall be paid
to the United States, for their use, over and above the duty herein before
charged thereupon, for stamping every such deed, instrument or writing,
the sum of ten dollars; and no such deed, instrument or writing shall
be pleaded or given in evidence in any court, or admitted in any court
to be available in law or equity, until it shall be stamped as aforesaid.
And the supervisors, respectively, are hereby enjoined and required,
upon payment or tender of the said duty and sum. of ten dollars unto any
of them, to mark or stamp the said vellum, parchment or paper, with
the mark or stamp that shall be proper for such deed, instrument or
writing, respectively; and if any person or persons whatsoever, shall
counterfeit or forge any stamp or mark, to resemble any stamp or mark Penalty on
which shall be provided or made in pursuance of this act, or shall coun- counterfeiting.
terfeit or resemble the impression of the same upon any vellum, parch-
ment or paper, thereby to defraud the United States of any [of] the duties
hereby granted, or shall utter, vend or sell any vellum, parchment or
paper, with such counterfeit mark or impression thereupon, knowing On fraudulent-
such mark or impression to be counterfeited; or shall privately or fraud- lyusing genuine
ulently use any stamp or mark, directed or allowed to be used by this act, stamps.
in relation to the duties hereby laid, with intent to defraud tne United
Stbtes of any of the said duties, then every such person so offending,
being thereof convicted in due form of law, shall be judged guilty of a
misdemeanor, and be subject to be fined in any sum not exceeding one
thousand dollars, and to be imprisoned for any term not exceeding seven
years.
Spac. 14. And be it farther enacted, That from and after the thirty- Penalty on
first-day of December, no bank now established, or which shall be here- banks issuing
after established, which shall not have compounded for the duty hereby srotemp n.
required, shall issue any bank bill, or promissory note, unless upon paper
duly stamped, and whereon the respective duties shall have been paid;
and if the officer of any such bank, or any person or persons employed
therein, shall thereafter issue any bill or note, not duly stamped as afore-
said, he or they shall forfeit and pay a fine equal to the value of the bill
or note so issued.
Sac. 15. And be it further enacted, That every person who *hall be Oath to be ta.
employed for the marking or stamping of vellum, parchment or paper, ken by persona
as aforesaid, before his acting in the marking or stamping of the said stamping. in
employed
affirmation:
vellum, parchment or paper, shall take the following oath or
"I [insert here the name of the person] do solemnly swear, [or affirm,
as the case may be] that I will, according to the best of my knowledge
and skill, faithfully, honestly and carefully execute the trust reposed in
me, and will truly mark or stamp all vellum, parchment or paper which
I shall be required or directed to mark or stamp, and will render a true
and ezact account thereofto the proper officer or officers, and will faith-
fully account for all monies which I shall receive therefor."
Sac. 16. And be it .further enacted, That the said supervisors of the Duty of the
revenue, officers and other persons to be employed by them, shall, from supervisors &c.
time to time, for the better execution of their several duties and trusts, to obey the di-
observe and execute such directions as they respectively shall, from time Treasury De.
to time, receive from the department of the treasury ; which depart- partment.
ment shall take care that the several parts of the United States shall,
from time to lime, be sufficiently furnished with vellum, parchment and
paper, stamped or marked as aforesaid, so that the citizens thereof may Duty or' the
have it in their electionAo buy the same of the officers or personsto be Treasury De-
employed in and about the execution of this act, at the usual or most partment.
common rates above the said duty, or to bring their own vellum, parch-
ment or paper, to be marked or stamped as aforesaid.

532 FIFTH CONGRESS. SEss. I. CH. 11. 1797.
be What
done iswith
to SEC. 17. And be. it further enacted, That as often as any alteration
stamped vellum or renewal shall be made -of, or in the marks or stamps before in use, or
&c.incaseof'th any of them, it shall be lawful for all persons who shall, at that time,
change ofmarks have in their custody or possession, any vellum, parchment or paper,
oe stamps. marked with any mark or stamp, which shall be so altered or renewed,
and upon which any of the matters or things hereby charged shall not
have been written or printed, at any time within the space of sixty days,
after the intention of renewing or altering shall be notified as aforesaid,
to bring or send such vellum, parchment or paper, unto some office of
inspection; and the officer of inspection, to whom they shall be brought
or sent, is hereby required to deliver, or cause to be delivered, unto the
several persons who shall so bring and deliver any quantity of vellum,
parchment or paper, the like quantity of vellum, parchment or paper,
and as good in quality, stamped with such new stamp or mark, without
demanding or taking, directly or indirectly, for the same, any money or
other consideration whatsoever. And in case any person shall neglect or
refuse, within the time aforesaid, to bring, or cause to be brought and
delivered unto some officer of inspection, any such vellum, parchment or
paper, the same is hereby declared to be of no other effect or use, than
if it had never been marked or stamped; and all matters and things
which shall, after that time, be written or printed thereon, shall be of no
other effect, than if they had been written or printed on vellum, parch-
ment or paper not marked or stamped : And all persons who shall write
or print any of the matters or things hereby charged, on such vellum,
parchment or paper, after the said time, shall forfeit and suffer as herein
before is enacted for persons writing or printing on vellum, parchment
or paper not marked or stamped.
Officers col- SEC. 18. And be it firther enacted, That all and every the officer and
lecting the du- officers who shall be concerned in the levying, collecting and receiving
ties to keep ac-
counts and re- the duties arising by this act, shall keep a separate and distinct account
mit monies, thereof, and shall pay or remit the same, as speedily as may be, after it
shall be received, according to the orders of the department of the trea-
sury.
Salaries and SEC. 19. And be it further enacted, That it shall be lawful for the
incidental President of the United States, to cause such sum and sums of money
charges, to be expended and paid, from time to time, for salaries, compensations,
and other incidental charges as shall be necessary in and for the-receiv-
ing, collecting, levying or managing of the said 'duties, so as that the
whole amount thereof, shall not exceed five per centam of the gross total
product of the said duties.
Penalties how SEC. 20. And be it further enacted, That all fines, penalties and for-
to be sued and feitures, which shall be incurred by virtue of this act, shall be sued for
appropriated. and recovered in the name of the United States, or of the supervisor of
the revenue, within whose district any such fine, penalty or forfeiture
shall have been incurred, by bill or information, in any circuit or district
court of the United States, or in any court of either of the said states;
one half thereof to the use of the persons who, if an officer of inspection,
shall first discover; if other than an officer of inspection, shall first inform
of the cause whereby any such fine, penalty or forfeiture shall have been
incurred (except in the cases in which a different disposition thereof
may have been herein before made) and the other half to the use of the
United States.
Limitation. SEC. 021. And be it further enacted, That this act shall continue and
be in force for, and during the term of five years, and from thence to
the end of the next session of Congress, and no longer.

FIFTH CONGRESS. SESS. I. CH. 12, 13, 14, 15.' 1797. 533.
STATuTzE I.
CHAP. XII.-In det in addifion to the law of the United Stites, concerningConsuls July 6, 1797.
and Vice Consuls. Act of April
14, 1792,ch. 24.
Be it enacted by the Senate and House of Representatives of the Consul at Al-
United States of America in Congress assembled, That in case it be giers.
found necessary, for the interest of the United States that a Consul be Repealed
ch. 44, § 7.
1810,
appointed to reside at Algiers; the President be authorized to allow him
an annual salary not exceeding four thousand dollars.
STATUTE I.
C HAP. XlII.-9n Act for allowing full mileage to the members of the Senate and July 6, 1797.
House (f Representatives of the United States.
United States of America in Congress assembled, That at the present
extraordinary meeting and session of Congress, the respective members Ante, p. 448-
of the Senate and of the House of Representatives shall be entitled to
receive a fullallowance of mileage, any law to the contrary notwith-
standing.
STATUTE 1.
CHAP. XIV.-Sn Set to revive and continue in force, for a limited time, an act, July 6, 1797.
intituled "1n act authorizing the transfer of stock standing to the credit of cer-
tain States."
Be it enacted by the Senate and House of Representativesof the United [Obsolete.]
States of America in Congress assembled, That the several provisions
of the act, intituled "An act authorizing the transfer of the stock stand- 1795, ch. 10.
ing to the credit of certain states," passed the second day of January
one thousand seven hundred and ninety-five, be and they are hereby
revived and continued in force until the fourth day of March, one thou-
sand seven hundred and ninety-nine, and no longer.
STATUTE I.
CHAP. XV.-An gct laying an additional Duty on Salt imported into the United July 8, 1797.
States, andfor otherpurposes. [Repealed.]
SECTIOn 1. Be it enacted by the Senate and House of Representatives Eight epnts
additional duty
of the United States of America in Congress assembled, That from and on salt import.
after the thirtieth day of September next, there shall be levied, collected ed in vessels of"
and paid upon all salt imported into the United States, in ships or vessels the U. States.
of the United States, in addition to the duty of twelve cents now payable
by law, eight cents per bushel, and on all salt which, after the said Eight cents
and ten percent.
thirtieth day of September, shall be imported into the United States, in thereon, laid
ships or vessels not of the United States, the like additional duty of eight upon other ves-
cents, and ten per centuin thereon. sels.
SEC. 2. And be it further enacted, That all drawbacks and allowances Drawbacks
now authorized by law, in relation to the existing duty on salt imported and allowances
into the United States, shall apply to the additional duty laid by this acti to apply to the
additional duty.
and that in addition thereto, there shall be allowed and paid upon pro-
visions salted within the United States, except upon dried fish, upon the
exportation thereof to any foreign port or place as follows, viz: on
pickled fish at the rate of twelve cents per barrel, and on other provisions Additional
at the rate of ten cents per barrel; and from and after the first day of drawbacks and
allowances.
January next there shall be an addition of thirty-three and a third per
centum to the allowances now respectively granted to ships or vessels
employed in the bank or other cod fisheries, and in the terms provided
2 2

534 FIFTH CONGRESS. SESS. I. Cn. 16, 17. 1797.
by an act entitled "An act concerning certain fisheries of the United
States and for the regulation and government of the fishermen employed
therein," and during the continuance of the said act.
Mode or exe. SEc. 3. And be it further enacted, That the act entitled "An act to
cuting this act. provide more effectually for the collection of the duties imposed by law
Ante, p. 14,5. on goods, wares and merchandise imported into the United States, and
on the tonnage of ships or vessels," shall extend to and be in full force
for the collection of the additional duty laid by this act, and generally
ftr the execution thereof, as fully and effectually, as if every regulation,
restriction, penalty, provision, clause, matter and thing therein contained
had been herein inserted and re-enacted.
Limitation. SEC. 4. And be it furthr enacted, That this act shall continue in
1800, ch. 43. force for two years, and from thence unto the'end of the next session of
Repealed 1807, Congress and n
ch. 30. , o longer.
STATUTE I.
July 8, 1797. CHAP. XVI.-dqn .&et authorizinga Loan of Money. -
[Obsolete.] SECTION 1. Be it enacted by the Senate and House of Representatives

New loan of of the United States of America in Congress assembled, That the Pre-
$s00,000. sident of the United States be, and he is hereby empowered to borrow
on the credit of the United States, a sum not exceeding eight hundred
thousand dollars, at an interest not exceeding six per centum per annum,
reimburseable at the pleasure of the United States, or at such period as
may be stipulated by contract not exceeding five years from the time of
obtaining the loan, to be applied to such public purposes as are or may
How to be paid. be authorized by law, and to be repaid out of the revenues accruing to
the end of the present year and such further revenues as have been, or
may be provided during the present session of Congress; and it shall be
lawful for the Bank of the United States to lend the said sum.
In case of de- SEC. 2. And be it further enacted, That in case the existing revenues
ficiency faith of of the United States, together with such further revenues as have been,
the United
States pledged or may be provided, during the present session, shall be insufficient to
to make provi- discharge and reimburse the said loan, the faith of the United States is
sion for it. hereby pledged to make such further provision therefor, as may be
necessary.
STATUTE I.
July 10, 1797. CHAP. XVII.-.On Aet making additionalappropriationsfor the support of Gov-
ernment,for the year one thousand seven hundred and ninety-seven.
[Obsolete.] SECTION' 1. Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, That for
the expenditure of the civil list; for the support of lighthouses; for the
expenses of foreign intercourse; for certain expenses in relation to the
military and naval establishments; and to satisfy certain miscellaneous
demands the following sums be respectively appropriated; that is to say,
Specific ap. For the compensations granted by law to the members of the Senate
propriations. and House of Representatives, their officers and attendants estimated
for a session of two months, seventy-seven thousand three hundred and
eighty-nine dollars and sixty-six cents.
For the expenses of firewood, stationery, printing work, and all'other
contingent expenses of the two houses of Congress, six thousand five
hundred dollars.
For printing the laws of the present session, one thousand and fifty
,dollars.
For making good the allowance to clerks employed in the Department

FIFTH CONGRESS. SEss. I. Ca. 17. 1797.
of State, agreeably to law, two hundred and sixty-nine dollars and seventy Specific ap-
cents. propriations.
For the salary of an additional clerk in the Department of State, to
perform the duties of an accouitant, and when not so employed to do
the ordinary services of a clerk, eight hundred dollars.
For defraying the expenses of ibreign intercourse for the year one
thousand seven hundred and ninety-seven beyond the appropriations
heretofore authorized by law, sixty thousand five hundred dollars.
For defraying any advances incidental to the intercourse of the United
States, with the Mediterranean powers, to be applied under the direc-
tion of the President of the United States, and according to his discre-
tion, a sum not exceeding forty-five thousand dollars.
For the salaries of two extra clerks in the office of the accountant of
the War Department, eight hundred dollars.
For completing and equipping the frigates United States, Constitution
and Constellation, two hundred thousand dollars.
For the pay and subsistence of the officers and crews of the said
frigates, one hundred thousand dollars.
For the extra expenses authorized by law, during the present session
in relation to the revenue cutters, ten thousand dollars.
For the repairs and fabrication of arns and cannon carriages, thirty-
nine thousand dollars.
For completing the six months pay and subsistence of the officers
discharged under the act of the third of March, one thousand seven Ante, p. 507.
hundred and ninety-seven, two thousand five hundred and eighty
dollars.
For the Hospital Department, five thousand dollars.
For making good a deficiency arising from the balance of monies of
various appropriations being carried to the credit of the "Surplus Fund,"
in pursuance of the sixteenth section of the act passed the third of March,
one thousand seven hundred and ninety-five, viz: for erecting a light- Ante, p. 433.
house on the head land of Cape Hatteras and a lighted beacon on Shell
Castle Island, in the harbour of Ocracock, in the state of North Caro-
lina, forty-four thousand dollars.-
For enabling a remittance to the commissioners of the Dutch loans
at Amsterdam, in payment for a quantity of saltpetre, seventeen thou-
sand and thirty-one, dollars and eighty-nine cents.
For repaying the Bank of the United States a sum advanced upon
certain treasury bills drawn upon collectors of the revenue of the
United States, in North Carolina, five thousand, one hundred and fifty
dollars.
For the payment of the commissioner of loans for the state of Rhode
Island, on account of two clerks who were employed in the year one
thousand seven hundred and ninety-six, fifty-four dollars.
SEc. 2. And be it further enacted, That the several appropriations How to be
herein before made shall be paid and discharged out of the surplus of paid.
revenue and income beyond the appropriations heretofore charged there-
on to the end of the present year.

ACTS OF THE FIFTH CONVIRESS
OF THE
UNITED STATES,
Philadelphia,in the state of Pennsylvania, on Monday, the thirteenth
day of November, 1797, and ended on the sixteenth day of July, 1798.
JOHN ADAMS, President; THOMAS JEFFERSON, Vice President of the -
United States, and President of the Senate; THEODORE SEDOWICK,
President of the Senate pro tempore, from June 27th; JONATHAN
DAYTON, Speaker of the House of Representatives.
STATUTE II.
Dec. 15,1797. CHAPTER I.-3n Act to postpone, for a limited time, the commencement of the
[Obsolete.] duties imposed by the act intituled "An act laying duties on stamped vellum,
July 6, 1797,
parchment and paper."
ch. II. Be it enacted by the Senate and House of Representativesof the United
Commence-
ment of the du. States of America in Congress assembled, That so much of the act,
ties postponed intituled "An act laying duties on stamped vellum, parchment and
until after 30th paper," as directs that the duties imposed by that act shall be levied,
June, 179S.
collected and paid " from and after the thirty-first day of December
next," shall be, and the same hereby is repealed; and that the duties
aforesaid shall be levied, collected and paid, from and after the thirtieth
day of June next, and not sooner; to which last mentioned day, all
notices, certificates and other matters or things, directed by the said
act and having respect to the commencement or collection of the said
duties, or any of them, shall relate.
STATVTE IT.
Jan. 15, 1798. CHAP. II.-An Act making certain partialappropriationsfor the year one thou-
[Obsolete.] sand seven hundred and ninety eight.
Appropriations SECTION 1. Be it enacted by the Senate and House of Rtpresentatives
relative to the of the United States of America in Congress assembled, That the sum
War Depart.
ment. of one hundred thousand dollars shall be, and the same hereby is appro-
priated towards defraying the expenses during the year one thousand
seven hundred and ninety-eight, of the quartermaster's, and Indian
departments, of the defensive protection of the frontiers, of bounties;
and of the contingent charges of the war department; and a like sum
towards defraying the expenses, during the said year, of the subsistence
of the officers, non-commissioned officers, and privates of the army of
the United States.
For awards in SEC. 2. And be it further enacted, That the sum of fifty-two thou-
favour of British sand dollars be, and the same hereby is appropriated for paying and
subjects under
seventh article discharging such awards as have been, or may be made, pursuant to the
of the treaty of' seventh article of the Treaty of Amity, Commerce, and Navigation be-
amity, &c. tween the United States and Great Britain, in favour of British subjects,
whose property has been captured within the jurisdiction of the United
States, or by vessels armed or fitted out therein.
536 10

FIFTH CONGRESS. SEss. II. CH. 6, S. 1798. 537
SEc. 3. And be it further enacted, That the aforesaid sums shall be -ow
to be
paid and discharged out of any monies in the treasury of the United paid.
States, not otherwise appropriated.
STATUTE II.
CHAP. V].-dn 2el for allowing a compensation to the Doorkeeper of the Senate, Jan. 20, 1798.
and his assisant,fortheir services duringthe late Session of Congress.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there be allowed
to James Mathers, the doorkeeper of the Senate, two hundred dollars,
and to Cornelius Maxwell, his assistant, one hundred and eighty dollars,
as a compensation for their services during the late session of Congress.
STATUTE Il.
CHAP. VlII.-a Act to prescribe the mode of taking Evidence in cases of Contested Jan. 23, 1798.
Elections for Members rf the House of Representatives of the United States, and
to compel the altendance (f Witnesses.
SECTION 1. Be it enacted by the Senate and House of Representatives Chancellor,
of the United States of America in Congress assembled, That where justice orjudge
of Superior or
any person, from and after the passing of this act, shall intend to contest County Court,
an election for any member or members of the House of Representatives &c. to issue
of the United States, or to support any such election so intended to be summons to
contested, and shall be desirous of obtaining testimony respecting such witnesses.
election, it shall be lawful for such person to make application to any Act of April
judge of the courts of the United States, or to any chancellor, justice, 22,1800, ch. 28.
or judge of a superior or county court, or court of common pleas of any
state, or to any mayor, recorder or intendant of a town or city, who shall,
thereupon, issue his warrant of summons, directed to all such witnesses
as shall be named to him by such applicant, or his agent duly authorized
for that purpose, and requiring the attendance of such witnesses, before
him, at some convenient time and place, to be expressed in the warrant,
in order to be then and there examined, in the manner herein after pro-
vided, touching the subject matter of the aforesaid application.
SEC. 2. And be it firther enacted, That every such witness, as is Manner of
above-mentioned, shall be duly served with such warrant, by a copy serving sum-
thereof being delivered to him or her,- or left at his or her usual place mons
nesses.
on Wit-
of abode; and that such service shall be made a convenient time before
the day on which the attendance of such witness is required, which time
the magistrate issuing the warrant is hereby authorized and required to
fix, for each witness, at the time of issuing it, having respect to the cir-
cumstances of such witness, and the distance of his or her residence
from the place of attendance.
SEC. 3. And be it further enacted, That any person, being summoned Penalty on not
in the manner above directed, and refusing or neglecting to attend, pur- attending in
pursuance of
suant to such summons, unless in case of sickness, or other unavoidable summons.
accident, shall forfeit and pay the sum of twenty dollars, to be recovered
with costs of suit, by the party at whose instance the warrant of sum-
mons was issued, and for his use, by action of debt in any court, or
before any other tribunal of the United States, or any state, having juris-
diction to the amount of such pentalty.
SEC. 4. And be it further enacted, That the magistrate issuing the Notification to
aforesaid warrant of summons, shall, at the time of issuing it, cause to the opposite
be made out, under his hand, and delivered to the said applicant, or his party.
agent authorized as aforesaid, a notification directed to the opposite
party, and stating the time and object of the aforesaid application, the
name of the upplicant, and the time and place fixed for the examination
Vo,. .- 68

FIFTH CONGRESS. SEss. II. Cir. S. 1798.
Manner of of the witnesses; which notification the said applicant, or his agent as
serving notifica- aforesaid, shall cause to be served on the said opposite party, by deliver-
tion. ing to him or leaving at his usual place of abode, a copy thereof, a con-
venient time before the day fixed for the aforesaid examination; which
time the magistrate granting the said notification shall fix, at the time
of granting it, having respect to the distance of the said party's place of
residence from that appointed for the examination; which examination
Proof of ser. shall not be proceeded in, unless proof be made by affidavit in writing,
vice thereof, of the due service of such notification, or unlese the party on whom such
service is hereby directed to be made, shall attend at the time and place
aforesaid, by himself or his agent duly authorized; and consent to the
said examination; which consent shall be certified by the magistrate.
Witnesses to SEC. 5. And be it further enacted, hat all witnesses who shall attend,
be examined on pursuant to the said summons, and all other witnesses who shall be pro-
oath or affirma. duced at the time and place aforesaid, by either of the parties, or their
tion.
or either of their agents duly authorized, shall then and there be
examined on oath or affirmation, by the magistrate, who issued the war-
rant of summons aforesaid, or, in case of his absence, by any other such
Testimony to inagistrate as is authorized by this act to issue such warrant, touching
be reduced to all such matters and things respecting the election about to be contested,
writing, as shall be proposed by either of the parties afi resaid, or by their, or
either of their agents duly authorized; the testimony given on which
examination, together with the questions proposed by the parties afore-
said, or their agents, or either of them, to the witnesses, respectively, the
said magistrate is hereby authorized and required to cause to be reduced
to writing, in his presence, and in the presence of the parties or their
agents, if attending, and to be duly attested by the witnesses, respect-
and transmitted ively : after which he shall transmit the said testimony, duly certified
to the clerk of
the House of under his hand, covered and sealed up, to the clerk of the House of
Representa-
tives, witha Representatives of the United States, for the time being, together with
copy ofthe sum a copy of the warrant of summons and notification issued in that be-
ruons, &c. half, and the original affidavit proving the service of such notification.
What proceed- SEC. 6. And be it further enacted, That in case any judge, justice,
ings are to be chancellor, mayor, recorder or intendant as is aforesaid, to whom the
bad
inabilitycase
in of application herein mentioned shall be made, shall, by
of the reason of sickness,
Chancellor, &c. necessary absence, or unavoidable accident, be rendered unable to attend
to attend the at the time and place fixed for the examination aforesaid, it shall be law-
examination. ful for him to certify the matter, and the proceedings had by him in that
behalf, to any other magistrate of any of the descriptions aforesaid, which
said magistrate thereupon, shall be, and hereby is authorized to attend
at such time and place, and to proceed 'touching the said examinations,
in all respects, as the magistrate issuing the warrant of summons, might
have done, by virtue of this act.
Two justices SEC. 7. And be it further enacted, That where no such magistrate as
of the peace is herein authorized to receive applications as aforesaid, and proceed
empowered
act in certainto upon them, shall reside within any district for which an election about
cases. to be contested shall have been held, it shall be lawful to make such
application to any two justices of the peace residing within the said dis-
trict, who are hereby authorized in such case, to receive such applica-
tion, and jointly to proceed upon it in the manner herein before directed.
Allowance to SEC. S. And be it further enacted, That every witness attending by
witnesses, virtue of such warrant of summons as is herein directed to be issued,
shall be allowed the sum of seventy-five cents for each day's attendance,
and the further sum of five cents, for every mile necessarily travelled in
going and returning, which allowance shall be ascertained and certified
by tie magistrate taking the examination, and shall be paid by the party
at whose instance such witness was summoned: And such witness shall
have an action for the recovery of the said allowance, before any court
or magistrate having competent jurisdiction, according to the laws of the

FIFTH CONGRESS. SESS. II. CH. 10, 11, 14. 1798.
United States, or of any state, in which action the certificate of the

magistrate taking the said examinations shall be evidence.
SEC. 9. And be it further enacted, That each judge, justice, chan- Fees to the
cellor, mayor, recorder, intendant and justice of the peace, who shall be officers employ-
ed.
necessarily employed, pursuant to the directions of this act, and all
sheriffs, constables, or other officers who may be employed to serve any
of the warrants of summons or notifications herein provided for, shall
have and receive from the party at whose instance such service shall have
been performed, such fee or fees, as are or may be allowed for similar
services in the states wherein such service shall be rendered, respec-
tively.
SEC. 10. And be it further enacted, That this act shall continue and Limitation.
be in force until the end of the first session of the sixth Congress, and 1800, ch. 28.
no longer.
STATUTE Il.
CHAP. X.-.dn dct to amend the several acts for laying duties on Spirits didtilled Jan. 29, 1798.
within the United States, and on Stills.
[Obsolete.]
Be it enacted by the Senate and House of Representatives of the Owners or
United States of America in Congress assembled, That from and after stills to elect as
to the time they
the passing of this act, it shall be lawful for all owners of stills within will pay duties.
the United States, which shall have been duly entered according to law,
to make their election, at any time of the year, both as to the rate of Repealed April
6, 1802, ch. 19.
duty which they may choose to pay for the employment of their said stills,
whether for a year, or for such other shorter period, as may be allowed
by law; and also, as to the time of commencing such employment.
STATUTE 11.
CHAP. X1.-8n .ct supplementary to the act intituled "An act regulating Foreion Feb. 1, 1798.
Coins, and for other purposes." [Obsolete.]
Be it enacted by the Senate and House of Representatives of the Act of Feb. 9,
United States of America in Coressassembled, That the second section 1793, ch. 5.
Act of Feb. 9,
of an act, intituled "An act regulating foreign coins, and for other 1793, suspend.
purposes," be, and the same is hereby suspended, for and during the ed.
space of three years from and after the first day of January, one thousand 1802, ch. 38.
seven hundred and ninety-eight, and until the end of the next session of
Congress thereafter, during which time the said gold and silver coins
shall be and continue a legal tender, as is provided in and by the first
section of the act aforesaid; and that the same coins shall thereafter
cease to be such tender.
STATUTrE 1.
CHAP. XIV.-An Act appropriating a certain sum of Money to defray the ex- Feb. 27, 1798.
pense of holding a Treaty or Treaties with the Indians.
[Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives $25,880 ap.
of the United States of America, in Congress assembled, That a sum not propriated.
exceeding twenty-five thousand eight hundred and eighty dollars, be
appropriated to defray the expense of such treaty or treaties, as the Pre-
sident of the United States shall deem expedient to hold with the
Indians: Provided,nothing in this act contained shall be construed to Proviso.
admit an obligation on the part of the United States to extinguish, for
the benefit of any state or individual citizen, Indian claims to any lauds
lying within the limits of the United States, and thatthe compensations
to be allowed to any of the commissioners appointed, or who may be

540 FIFTH CONGRESS. SEss. II. CH. 15, 16. 1798.
appointed for negotiating such treaty or treaties, shall not exceed, exclu.
sive of travelling expenses, the rate of eight dollars per day, during the
time of actual service of such commissioner.
SEC. 2. And be it further enacted, That the sum aforesaid shall be
paid out of any monies in the treasury of the United States, not other-
wise appropriated.
STATUTE II.
March 14, 1798. CHAP. XV.-3n J.ct to provide for the Widows and Orphans of certain deceased
Officers.
[Obsolete.] Be it enacted by the Senate and House of Representativesof the United
States of America in Congress assembled, That the provisions for widows
and orphans of commissioned officers of troops of the United States,
Ante, p. 390. contained in the first section of the law passed on the seventh day of
June, one thousand seven hundred and ninety-four, intituled "An act in
addition to the act making further and more effectual provision for the
protection of the frontiers of the United States," be and the same are
hereby extended to the -widows and orphan children of commissioned
officers of the troops of the United States, and of the militia, who have
died by reason of wounds received since the fourth day of March, one
thousand seven hundred and eighty-nine, in the actual service of the
United States: Provided, application shall be made within two years
after the end of the present session of Congress.
APPROVED, March 14, 179S.
STATUTE II.
March 14, 1798. CHAP. XVI.-#n dct for the erection of a Lighthouse, and placing Buoys at the
severalplaces therein mentioned.
Lighthouse to SECTION 1. Be it enacted by the Senate and House of Representatives
be erected on of the United States of America in Congress assembled,#That as soon as
Eaton's Neck.
the jurisdiction of so much of the head land'of Eaton's Neck on Nassau
Island, in the state of New York, as the President of the United States
shall deem sufficient and most convenient for the purpose of erecting, a
lighthouse, and its appurtenances, shall have been ceded to the United
States, it shall be the duty of the Secretary of the Treasury, to provide,
by contract, which shall be approved by the President of the United
States, for building a lighthouse thereon, and furnishing the same with
all necessary supplies; and also to agree for the salaries or wages of the
person or persons who may be appointed by the President for the super:
intendence and care of building the said lighthouse : and the President
is hereby authorized to make the said appointments.
Buoys to be SEC. 2. And be it further enacted, That the Secretary of the Trea-
placed near sury be authorized and directed to cause to be placed, six buoys on the
Sandy Hook,
Goat Island and shoals called the east and west banks, and the middle ground, near
Nantucket. Sandy Hook off the harbor of New York, and two buoys on the north
and south points of Goat Island, near the entrance of the harbor of New-
port, in the state of Rhode Island : and also, to cause to be placed such
number of buoys as may be necessary for the security of the navigation
in and near the harbor of Nantucket, in the state of Massachusetts.
Appropriation SEC. 3. And be it further enacted, That there be appropriated and
therefor. paid, out of the monies arising from the duties on imports and tonnage,
a sum not exceeding thirteen thousand two hundred and fifty dollars,
for the purposes aforesaid.

FIFTH CONGRESS. SEss. IL Cn. 17. i793.
STATUIE 11.
CHAP. XVII.-dn .dct providing the means qf intercourse between t4e Uniled March 19, 1798.
States and ibreignnations.(a) [Expired.]
SECTION 1. Be it enacted by the Senate and House of Representa- President au-
tives of the United States of America in Congress assembled, That the thorized to draw
President of the United States shall be, and he hereby is authorized from the Treas.
ury, $40,000,
to draw from the treasury of the United States, a sum not exceeding annually.
forty thousand dollars, annually, to be paid out of the mop1es arising
from the duties on imports and tonnage, for the support of such persons
as he shall commission to serve the United States in foreign parts, and
for the expense incident to the business in which they may be employed:
Provided, that, exclusive of an outfit, which shall, in no case, exceed the outfit otagents
amount of one year's full salary to the minister plenipotentiary, or charge to foreign coun-
tries, equal to
des affaires, to whom the same may be allowed, the President shall not one year's full
allow to any minister plenipotentiary, a greater sum than at the rate of salary.
nine thousand dollars per annum, as a compensation for all his personal
services and expenses; nor a greater sum for the same, than four thou- Limits of their
sand five hundred dollars per annum, to a charg6 des affiires; nor a compensation.
$9000 to a
greater sum for the same, than one thousand three hundred and fifty minister pleni.
dollars per annum, to the secretary of any minister plenipotentiary. potentiary,
SEc. 2. And be it further enacted, That in all cases, where any sum $4,500 to a
charge des af.
or sums of money have issued, or shall hereafter issue from the treasury, fitires.
for the purposes of intercourse or treaty, with foreign nations, in pur- Manner of ac.
suance of any law, the President shall be, and he hereby is authorized counting for
monies issued
to cause the same to be duly settled annually with the accounting offi- under the act.
cers of the treasury, in manner following, that is to say; by causing the
same to be accounted for, specifically in all instances wherein the ex-
penditure thereof may, in his judgment, be made public; and by making
a certificate or certificates, or causing the Secretary of State to make a
certificate or certificates of the amount of such expenditures as he may
think it advisable not to specify; and every such certificate shall be
deemed a sufficient voucher for the sum or sums therein expressed to
have been
Spc. 3. expended.
And be it further enacted, That for defraying the expenses Further ap.
of intercourse between the United States and foreign nations, during propriation for
the year one thousand seven hundred and ninety-eight, there he further the year 1798.
appropriated, in addition to the aforesaid sum of forty thousand dollars,
and out of any monies in the treasury of the United States not otherwise
appropriated, the sum of twenty-eight thousand six hundred and fifty
dollars.
SEC. 4. And. be it further enacted, That the act passed on the first Act of July 1,
day of July, in the year one thousand seven hundred and ninety, inti- 1790, ch. 22.
tilled "An act providing the means of intercourse between the United
States and foreign nations," and the act passed on the ninth day of Feb-
ruary, in the year one thousand seven hundred and ninety-three, inti-
tuled "An act to continue in force for a limited time, and amend the
act, intituled An act providing the means of intercourse between the 1793, ch. 4.
United States and foreign nations," shall be, and they hereby are re-
pealed.
SEc. 5. And be it further enacted, That this act shall be and remain Limitation of
in force until the end of the first session of the sixth Congress, and no the act.
longer.
APPROVED, March 19, 1798,
(a) An act to ascertain the compensation of foreign ministers, May 10, 1800, chap. 56; an act fixing
the compensation of public ministers, and of consuls residing on the coast of Barbary, and for other pur-
poses, May 1, 1310, chap. 44.

FIFTH CONGRESS. SEes. II. Cn. 18. 1798.
STATUrE I.
March 19, 1798. CHAP. XVIIL-n .Met making appropriationsfor the support of Government
Jwib the year one thousand seven hundred and ninty-eight; and for other-
purpmes.
[Obsolete.]
Specific ap. SECTION 1. Be it enacted by the Senate and House qf Representa-
propriations.
tives of the (UnitedStates (f America in Congress assembled, That for
the expenditure of the civil list ; for the support of consuls to the coast
of Barbary; for the support of the mint establishment, lighthouses, bea-
cons, buoys and public piers, for the year one thousand seven hundred
and ninety-eight; and to satisfy certain miscellaneous claims stated in
the report of the secretary of the treasury, of the eighth day of Decem-
ber, one thousand seven hundred and ninety-seven, together with the
incidental and contingent expenses of the several departments, and the
offices thereof, the following sums be, respectively appropriated. That
is to say :-For the compensations granted by law to the President and
Vice President of the United States, thirty thousand dollars.
For the like compensations to the members of the Senate and House
of Representatives, their officers and attendants, estimated for a session
of six months continuance, one hundred and ninety thousand, one hun-
dred and seventy-five dollars.
For the expense of firewood, stationery, printing work, and all other
contingent expenses of the two Houses of Congress, thirteen thousand
dollars.
For the compensations granted by law to the chief 'justice, associate
judges, district judges, and attorney general, forty-four thousand nine
hundred dolfars.
For defraying the expense of clerks of courts, jurors and witnesses, in
aid of the fund arising from fines, forfeitures and penalties; and like-
wise for defraying the expenses of prosecution for offences against the
United States, and for safe keeping of prisoners, thirty thousand dollars.
For compensation to the Secretary of State, clerks and persons em-
ployed in that department, nine thousand one hundred and sixty-two
dollars and thirty-four cents.
For incidental and contingent expenses in the said department, six
thousand five hundred and eighty dollars.
sons employed in his office, eight thousand eight hundred and fifty
dollars.
in the office of the Secretary of the Treasury, five hundred dollars.
For compensation to the Comptroller of the Treasury, clerks and
persons employed in his office, eleven thousand eight hundred and fifty
dollars.
For compensation to the Treasurer, clerks, and other persons em-
ployed in his office, four thousand six hundred and fifty dollars.
For expense of firewood, stationery, printing, rent, and all other con-
tingencies in the Treasurer's office, six hundred dollars.
employed in his office, eleven thousand nine hundred and twenty-five
dollars.
in the Auditor's office, seven hundred and fifty dollars.
For compensation to the Commissioner of the Revenue, clerks and
persons employed in his office, five thousand five hundred and twenty-
five dollars.
in the office of the Commissioner of the Revenue, four hundred dollars.

FIFTH CONGRESS. 'SEss. TI. Cn. 18. 1798;
For compensation to the Register of the Treasury, clerks and per- Specific ap.
sons employed in his office, fifteen thousand six hundred and twenty- propriatons.
five dollars.
in the Register's office, (including books for the public stocks, and for
the arrangement of the marine papers,) two thousand eight hundred
dollars.
For compensation to the Purveyor of Public Supplies, two thousand
dollars, and five hundred dollars for a clerk.
For compensation to the Secretary of the Commissioners of the
Sinking Fund, two hundred and fifty dollars.
For the payment of rent for the several houses employed in the
Treasury department, (except the Treasurer's office,) two thousand
seven hundred and thirty dollars and sixty-six cents.
Treasury department, (except the Treasurer's office,) three thousand
five hundred dollars.
public accounts for the year one thousand seven hundred and ninety-
eight, one thousand dollars.
For defraying the expense incident to the removal of the books and
records of the Treasury department, and for the rent of a house for
several of the offices near Gray's Ferry, on the Schuylkill, during part
of the summer of the year one thousand seven hundred and ninety-
seven, four hundred and fifty-four dollars and forty-one cents.
For compensations to the several loan officers, thirteen thousand two
ployed in his office, eight thousand one hundred dollars.
gent expenses of the office of the Secretary of War, two thousand dollars.
For compensation to the Accountant of the War department, clerks
and persons employed in his office, seven thousand seven hundred and
fifty dollars.
For contingent expenses in the office of the Accountant of the War
For compensation to the Surveyor General, two thousand dollars.
For compensation to the assistant surveyors, chain carriers, axe men
and other persons employed in carrying into effect the surveys to be
made by the act, intituled "An act providing for the sale of the lands 1796. ch. 29.
of the United States, in the territory northwest of the river Ohio, and
above the mouth of Kentucky river," in addition to former appropria-
tions, eight thousand dollars.
For compensation to the Governor, Secretary and Judges of the terri-
tory northwest of the river Ohio, five thousand one hundred and fifty
dollars.
For expenses of stationery, office rent, printing patents for land, and
other contingent expenses in the said territory, three hundred and fifty
dollars.
one thousand one hundred and thirteen dollars and thirty-three cents.
tiel Jon Harding and to the orphan children of Major Alexander True-
man, by the act of Congress of the twenty-seventh of February, one 1793, h. 14.
thousand seven hundred and ninety-three, seven hundred and fifty dollars.
account of the civil department, not otherwise provided for, as shall be
ascertained and admitted in due course of settlement at the Treasury,

FIFTH CONGRESS. SEss. I. Cu. 18. 1798.
Specific ap- and which are of a nature, according to the usage thereof, to require
propriations. payment in specie, one thousand dollars.
For the compensations to Consuls to Barbary powers, for six months,
the former appropriation being for one year, five thousand dollars. '
For compensations to the following officers of the mint: the Director,
two. thousand dollars; the Treasurer, one thousand two hundred dollars;
the Assayer, one thousand five hundred dollars; the Chief Coiner, one
thousand five hundred dollars; the Melter and Refiner, one thousand five
hundred dollars; the engraver, one thousand two hundred dollars; three
clerks at five hundred dollars each, one thousand five hundred dollars.
For the wages of persons employed at the different branches of melt-
ing, refining, coining, carpenters, millwrights and smiths' work, includ-
ing the sum of eight hundred dollars per annum allowed to an assistant
coiner and die forger, who also oversees the execution of the iron work,
six thousand dollars.
For the purchase of ironmongery, lead, wood, coals, stationery, office
furniture, and for all other contingencies of the establishment of the
mint, five thousand seven hundred dollars.
For the maintenance and support of lighthouses, beacons, buoys and
public piers, and stakeage of channels, bars and shoals, and for occa-
sional improvement in the construction of lanterns, and of the lamps
and materials used in them, including an allowance for the increased
number of lighthouses, and for the advanced price of spermaceti oil,
thirty-six thousand dollars.
For the balance carried to the "surplus fund," of an appropriation
for building a lighthouse near the entrance of Georgetown harbour, in
the state of South Carolina, five thousand dollars.
For the additional expense estimated as necessary for erecting the
said lighthouse, two thousand dollars.
For the -payment of Nicholas Fish, supervisor of the revenue for the
district of New York, so much short of an appropriation for the pur-
chase of land at Montock-point, in the state of New York, for the pur-
pose of erecting a lighthouse thereon, two hundred and fifty-five dollars
and twelve cents.
For the purchase of presses, the engraving of dies, and other expenses
incident to the preparations made and to be made, for executing the act
Ante, p. 527. intituled "An act laying duties on stamped vellum, parchment 4nd
paper," passed the sixth day of July, one thousand seven hundred and
ninety-seven, nine thousand dollars.
For the expense incurred by the committee of the House of Repre-
sentatives, on the impeachment of William Blount; for the compensa-
tion of the members, and for incidental charges as estimated by the
chairman of the committee, two thousand six hundred and twenty-six
dollars.
For the discharge of such miscellaneous demands against the United
States, not otherwise provided for, as shall have been admitted in a due
course of settlement at the treasury, and which are of a nature, accord-
ing to the usage thereof, to require payment in qpecie, four thousand
dollars. "
SEC. 2. And be it further enacted,' That the several appropriations
herein hetore made, shalkbe paid and dijcharged~out of the fund of six
Ante, p. 13S.-hundred thousand dollars, reserved by the act "making provision for
the debt of the United States," together with so much as may be neces-
sary of the proceeds of the duties on itupoi-ts, and the tonnage of ships
and vessqls, aid ,the duties on dojkArio disiiled ppirits and stills, ,which
shall adcriu ultil the cdse of the present year.
SEC. 3' And be it'j.rthler enacted', That there -shall bet and hereby
is further appropriatej, Itobe paid out of any monies in the treasury of

FIFTH CONGRESS. S ss. II. CT. -20. 1798.
the United States not otherwise appropriated, the following sums, to Specific ap-
wit : propriations.
For the payment of awards by the commissioners appointed in pursu-
ance of the sixth article of the treaty of amity, commerce and naviga-
tion, between the United States and Great Britain, relative to the debts
due by citizens of the United States, to British subjects, three hundred
thousand dollars.
For defraying the extraordinary expenses of ascertaining the river St.
Croix, under the fifth article of the said treaty, twelve thousand dollars.
For defraying the extraordinary expense of running and marking the
boundary line- between the territories of the United States and Spain,
twelve thousand dollars.
STATUTE II.
CHAP. XX.-Jn tto amend the act intialed cJn act laying duties on slamped M
March 19, 1795.
IRar17.
vdlum, parchment and paper."
[R.pealed.]
SECTION 1. Be it enacted by the Senate and House of Representatives Deduction on
of the United States of America in Congrcss assembled, That whenever the purchase of
any person, other than officers employed in collecting the revenue of stamped paper,
any fficrs olletingt~e&c. where the
United States, shall apply to any supervisor or inspector of the said duties amount
revenue, at the office of such supervisor or inspector, for the purchase, to more than
at one time, of any quantity of vellum, parchment, or paper, stamped
and marked in the manner directed by the act, intituled "An acqt laying Ante, p. 527.
duties on stamped vellum, parchment and paper," the whole amount of
the duties on which quantity shall be ten dollars, or upwards, such super-
visor or inspector shall be, and hereby is authorized and required to
deliver to such person, such quantity of vellum, parchment or paper,
stamped as aforesaid; the said person paying down the amount of the
said duties, after deducting therefrom seven and one half per centum on
such amount; which deduction the said supervisor or inspector is hereby
authorized and required to'allow.
SEC. 2. And be it further enacted, That whenever any stamped vel- In such case
him, or parchment, shall be applied for, and delivered, in the manner purchaser to
aforesaid, the said purchaser, in order to become entitled to the afore- the ellum also,
said deduction, shall pay to the said supervisor, or inspector, in addition which shall be
to the amount of the said duties, a reasonable rate for and on account fixed by the Sec-
retary of the
of the price of the said vellum, or parchment, which rate the Secretary Treasury.
of the Treasury is hereby authorized and required to fix, as nearly as
may be, according to the actual cost of those articles.
SEC. 3. And be it further enacted, That whenever any person, other The same de.
than officers employed in the collection of the revenue of the United duction to pabe-
made where
States, shall bring any vellum, parchment, or paper, to be stamped, in per isbrought to
the manner directed by the aforesaid act, in any quantity, at one time, be stamped.
the whole amount of the duties for stamping which shall be ten dollars,
or upwards, the officer stamping such vellum, parchment or paper, puT-
suant to the directions of the said act, shall be, and hereby is authorized
and required to make to such person thi same allowance and deduction
on the amount of the said duties, as is directed by the first section of
tnis act, to be made in the cases therein mentioned.
SEc. 4. And be it further enacted, That the stamped paper, required No additional
by the aforesaid act to be furnished to the citizens of the United States, charge for the
by the treasury department, shall be furnished at the rate of duty pro- paper.
vided by that act, without any additional charge on account of the price
of paper, or any other expense, any thing in the said act to the contrary
notwithstandiifg; and that all paper for the purposes aforesaid, shall be
furnished at the expense of the United States, bythe Secretary of the Secretary of
Treasury department, who is hereby authorized to employ annually a the Treasury to
VoL. I.-69 2 z2

546 FIFTH CONGRESS. SESS. II. CH. 21,22. 1798.
employ a suffi- sufficient sum for that purpose, and for the necessary purchase of vellum
cient sum for and parchment, out of any monies in the treasury of the United States,
the purchase of
paper, &c. not otherwise appropriated: Provided always, that nothing herein con-
Provided that tainedEjhall be so construed, as to require the treasury department to
the price of vel. furnish any stamped vellum, or parchment, without an additional charge
lum and parch.
ment shall be for the price of those materials, over and above the duty on the stamp;
paid by appli. which price, in all cases where stamped vellum, or parchment, shall be
cants. in' addi- furnished, the secretary of that department is hereby authorized and
tion to the di-
lies. required to fix, as nearly as may be, according to the actual cost of those
articles, respectively.
Stamp duties SEC. 5. And be it further enacted, That so much of the aforesaid
on debentures, act as relates to stamp duties on "any certificate or debenture for draw-
repealed ; and
in lieu thereof back of customs or duties," shall be, and the same is hereby repealed;
Collectors to re. and that in lien of the said stamp duties, one fourth per centum on the
tain one fourth amount of all drawbacks, allowed by law, on the exportation of goods,
per cent. on
drawbacks, wares, and merchandise imported, shall be retained for the use of the
United States, by the collectors paying such drawbacks; and in addition
to the sum of one per centum directed to be so retained by the act, inti-
Ante, p. 145. tuled "An act to provide more effectually for the collection of the duties
imposed by law on goods, wares, and merchandises imported into the
United States, and on the tonnage of ships or vessels."
APPItOVED, March 19, 1798.
STATUTE 11.
March 27, 1798. CHtAP. XXI.--dn act declaring the consent of Congress to an act ofithe Common-
weaith of Massachusetts.
Consent of Be it enacted by the Senate and House of Representativesof the United

Congress to an States of America in Congress assembled, That the consent of Congress
Act ofthe Com- be and hereby is granted and declared to the operation of an act of the
monw ealth of
Massachusetts. legislature of the commonwealth of Massachusetts made and passed the
sec. nd day of February, one thousand seven hundred and ninety-eight,
intituled "An act to incorporate Tobias Lord, Oliver Keating,Thatcher
Godard and others for the purpose of keeping in repair a.-pier, at the
mouth of Kennebunk river, and to grant them a duty for reimbursing
the expense of erecting the same."
STATUTE II.
March 27, 1798. CHAP. XXII.-An Act declaring the consent of Congress to an Act of the State of
Maryland,passed the twenty.eighth of December, one thousand seven hundred
and ninety.three,for the appointmient of a Health Officer.
[Expired.]
Consent of SECTION 1. Be it enacted by the Senate and House of Representatives
Congress to an of the United States of America in Congress assembled, That the con-
Act of the Le-
gislature of sent of Congress be, and is hereby granted and declared to the operation
Maryland for of an act of the general assembly of Maryland, passed the twenty-eighth
the appointment of December, one thousand seven hundred and ninety-three, intituled
of a health offi-
cer. "An act to appoint a health-officer for the port of Baltimore, in Balti-
more county," so far as to enable the state aforesaid, to collect a duty of
See act of Feb. one cent per ton, on all vessels coming into the district of Baltimore,
27, 1801. from a foreign voyage, for the purposes in the said act intended.
SEc. 2. And be it further enacted, That this act shall be in force for
one year from the passing thereof, and from thence to the end of the
next session of Congress thereafter, and no longer.

FIFTH CONGRESS. SEss. II. CH. 23,24, 25,26. 1798.
STATUTE 11.
CHAP. XXIII.-.n Act for an additionalappropriationto provide and support a March 27, 1798.
Naval .rmament.
[Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Additional ap-
of the United States of America in Congress assembled, That there be propriations for
completing and
and there hereby are appropriated a further sum, not exceeding one equipping the
hundred and fifteen thousand eight hundred and thirty-three dollars, to frigates.
complete and equip for sea, with all convenient speed, the frigates, the
United States, the Constitution and the Constellation; and a further For pay and
sum, not exceeding two hundred and sixteen thousand six hundred and subsistence of
the officers and
seventy-nine dollars for the pay and subsistence, for the term of one crews thereof;
year, of the officers and crews which are, or shall be engaged in the service
of the United States on board the said frigates, in addition to the sums
heretofore appropriated for those purposes, respectively, remaining unex-
pended; also, a sum, not exceeding sixty thousand dollars, to defray the For contingen-
wear, losses, expenditures of ammunition, and other current and contin- cies of the naval
armament;
gent expenses of the naval armament; also a sum not exceeding two For salaries
thousand two hundred dollars, to defray the salaries of persons having of officers and
charge of the navy yards at Norfolk, New York, and Portsmouth; and rent of the navy
yards.
for the rents of the sime.
SEc. 2. And be it further enacted, That the sums hereby appropriated, Out of what
shall be paid and discharged out of the surplus revenue and income of fund the monies
are to be paid.
the current year, not before appropriated.
APPRovED, March 27, 1798.
STATUTE II.
CHAP. XXIV.-Jn Aet to continue in force the fifth section of an act intituled March 28, 1798.
".n act in addition to the act intituled, dn act to establish the Post-Office and
Post Roads within the United States." [Expired.)
Be it enacted by the Senate and House of Representatives of the Fifth section
of the Act of
United States of America in Congress assembled, That the fifth section March 3, 1797,
of the act, intituled "An act in addition to the act, intituled An act to ch. 19, contin-
establish the post-office and post roads within the United States," which ued to March 3,
1799.
section will expire on the thirty-first day of March, one thousand seven
hundred and ninety-eight, shall be, and the same is hereby continued in
force to the third day of March next.
STATuTr II.
CHAP. XXV.-n Act to continue in force for a limited time, a part of an act April 7, 1798.
intituled ".n act- making further provision fir securing and collecting the
duties on foieign and domestic distilled spirits;stills, wines, and teas."
[Expired.]
Be it enacted by the Senate and House of Representatives of the ActofJune5,
United States of America in Congress assembled, That the thirteenth 1794, continued
section of the act passed on the fifth day of June, one thousand seven to the end of
the sixth Con-
hundred and ninety-four, and intituled "An act making further provi- gress.
sion for securing and collecting the duties on foreign and domestic dis- 1794, ch. 49.
tilled spirits, stills, wines and teas," he, and the same hereby i6 continued
in force, until the end of the first session of the sixth Congress.
STATUTE I.
CHAP. XXVI.--.An At for the relief of the Refugees from the British provinees April 7, 1798.
of Canada and Nova &otia.(a)
SECTIOr 1. Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, That
(a) The subsequent acts on this matter, are: Act of February.18, 1801 ; act of March 3, 1803 ; act of
February 24, 1810; act of April 23, 1812; act of March 16,1804, ch. 16.

FIFTH CONGRESS. SEss. II. CH. 26. 1798.
Notice to be to satisfy the claims of certain persons claiming lands under the reso-
given by the lutions of Congress, of the twenty-third of April, one thousand stven
Secretary of the
Treasury to hundred and eighty-three, and the thirteenth of April, one thousand
claimants. seven hundred ard eighty-five, as refugees from the British provinces of
Canada and Nova Scotia, the Secretary for the-department of War be,
and is hereby authorized and directed to give notice in one or more of
the public papers,.of each of the states of Vermont, Massachusetts,
New York, New Hampshire, and Pennsylvania, to all persons having
claims under the said resolutions, to transmit to the war office, within
two years after the passing of this act, a just and true account of their
claims to the bounty of Congress.
What descrip. SEc. 2. And be it further enacted, That no other persons shall be
tion of persons entitled to the benefit of the provisions of this act, than those of the
shall be entitled
to the benefit of following descriptions, or their widows and heirs, viz : First, those heads
this act. of families, and single persons, not members of any such families, who
were residents in one of the provinces aforesaid, prior to the fourth day
of July, one thousand seven hundred and seventy-six, and who abandon-
ed their settlements, in consequence of having given aid to the United
Colonies or States, in the revolutionary war against Great Britain, or
with intention to give such aid, and continued in the United States, or
in their service, during-the said war, and did not return to reside in the
dominions of the king of Great Britain, prior to the twenty-fifth of
November, one thousand seven hundred and eighty-three. Secondly,
the widows and heirs of all such persons as were actual residents, as
aforesaid, who abandoned their settlements as aforesaid, and died within
the United States, or in their service, during the said war: And thirdly,
all persons who were members of families at the time of their coming
into the United States, dnd who, during the war, entered into their ser-
vice.
Before whom SEC. 3. And be it further enacted, That the proof of the several cir-
proof of facts cumstances necessary to entitle the applicants to the benefits of this act,
may be taken.
may be taken before a judge of the supreme or district court of the
United States, or a judge of the supreme or superior court, or the first
justice or first judge of the court of common pleas or county court of
any state.
Secretary of Stc. 4. And be it further enacted, That at the expiration of fifteen
War and Secre- months from and after the passing of this act, and from time to time
tary anto Comp-
troller of the thereafter, it shall be the duty of the SecretaIy for the department of
Treasury to ex- War, to lay such evidence of claims as he may have received, before the
amine and re- secretary and comptroller of the treasury, and with them, proceed to
port upon the
claims, examine the testimony, and give their judgment what quantity of land
ought to be allowed to the individual claimants, in proportion to the de-
gree of their respective services, sacrifices and sufferings, in consequence
of their attachment to the cause of the United States; allowing to those
of the first class, a quantity not exceeding one thousand acres; and to
In what man- the last class, a quantity not exceeding one hundred, making such inter-
ner their judg- mediate classes as the resolutions aforesaid, and distributive justice, may,
ment thereon is
to be regulated. in their judgment, require; and make report thereof to Congress. And
in case any such claimant shall have sustained such losses and sufferings,
or performed such services for the United States, that he cannot justly
be classed in any one general class, a separate report shall be made of
his circumstances, together with the quantity of land that ought to be
allowed him, having reference to the foregoing ratio: Provided, that
in considering what compensation ought to be made by virtue of this
act, all grants, except military grants, which may have been made by
the United States, or individual states, shall be considered at the just
value thereof, at the time the same were made, respectively, either in
whole or in part, as the case may be, a satisfaction to those who may
have received the same - Providedalso, that no claim under this law

FIFTH CONGRESS. SEss. II. C, 27,28. 1798.
shall be assignable until after report made to Congress, as aforesaid, Claims notas-
and until the said lands be granted to the persons intitled to the benefit signable until
of this act. grantsaremade.
SEC. 5. Be it further enacted, That all claims, in virtue of said Limitation of
resolutions of Congress, which shall not be exhibited as aforesaid, with- claims.
in the time by this act limited, shall forever thereafter be barred.
STATUTE II.
CHAP. XXVII.-An .qet to continue in force, the act, intituled ".2ln act Prohibit- April7, 1798.
ing, for a limited time, the exportation of arms and ammunition; and for
encouraging the importation theref." [Expired.]
SECTION 1. Be it enacted by the Senate and House of Representa. Four first sec-
tives of the United States of America in Congress assembled, That the tions continued.
first, second, third and fourth sections of the act, intituled "An act
prohibiting, for a limited time, the exportation of arms and ammunition; Ante, p. 520.
and for encouraging the importation thereof," be, and are hereby con-
tinued in force for one year from and after the present session of Con-
gress, and from thence to the end of the next session of Congress there-
after, and no longer.
SEC. 2. And be it further enacted, That the fifth section of the said
part of the
act, except so much thereof as relates to the importation of sulphur and fifth section
saltpetre, be, and is hereby continued in force for one year from and continued.
after the fourteenth day of June next, and from thence to the end of the
next session of Congress thereafter, and no longer; and that so much
of the said fifth sectiolL, as relates to the importation of sulphur and The remaining
saltpetre, be, and is hereby continued in force for one year from and part of the fifth
after the fourteenth day of June, in the year of our Lord one thousand section contin.
eight hundred, and from thence to the end of the next session of Con- ued.
gress thereafter, and no longer.
STATUTE 1I.
CHAP. XXVIII.-4.n Yct fir an amicable settlement of limits with the state of April 7, 1799.
Georgia, and authorizing the establishment tf a government inthe Mississippi
territory. Act of" M ty
10, 1800, ch.50.
SECTION 1. Be it enacted by the Senate and House of Representatives President au-
of the United States of America in Congress assembled, That the thorized to ap-
point Comm s-
President of the United States be, and he hereby is authorized to appoint sioners to adjust
three commissioners-. any two-of whom shall have power to adjust and the interfeiing
determine with such commissioners as may be appointed under the claims to certain
territory ;
legislative authority of the-state of Georgia, all interfering claims of the
United States and that state, to territory situate west of the river Chata-
honchee, north of the thirty-first degree of -north latitude, and south of and to receive
,the cession made to the United States by South Carolina: And also to proposals for
the cession of
receive any proposals for the relinquisfment or cession of the whole or other territory
any part of the other territory claimed by the state of Georgia, and out claimed by
of the ordinary.jurisdiction thereof. Georgia.
SEC. 2. Be ft further enacted,, That all the lands thus ascertained Lands ascer-
as the property of the United States, shall be disposed of in such manner tained to be the
as shall be hereafter directed by law; and the nett proceeds thereof property of the
shall be applied to the sinking and discharging the public debt of the United States
how to be dis-
United States, in the same manner as the proceeds of the other public posed of.
lands in the territoty riortblwept of the river Ohio. _
Certain ter.
SEC. 3. Be it futhert eiafited, Jhat all that tract of country bounded ritory constitu.
on the west by the Mississippi; on the north by a line to be drawn ted a district, to
due east Ifrorn the nouth of. the Yasous to the Chatahouchee river; be called the
Mississippi ter-
on the east. by the river Chatahouchee; and on the south by the ritory.

FIFTH CONGRESS. SEss. H1. Cr. 2&n. 1798.
thirty-first degree of north latitude, shall be, and hereby is constituted

President an- one district, to be called the Mississippi Territory: and the President
es- of the United States is hereby authorized to establish therein a govern-
tablish a to gov-
thorized
ernment and ap. ment in all respects similar to that now exercised in the territory north-
point oflicers west of the river Ohio, excepting and excluding the last article of the
therein, ordinance made for the government thereof by the late Congress on the
thirteenth day of July one thousand seven hundred and eighty-seven,
and by and with the advice and consent of the Senate to appoint all the
necessary officers therein, who shall respectively receive the same com-
pensations for their services; to be paid in the same manner as by law
established for similar officers in the territory northwest of the river
Ohio; and the powers, duties and emoluments of a superintendent of
Indian affairs for the southern department, shall be united with those of
governor: Provided always, that if the President of the United States
should find it most expedient to establish this government in the recess
of Congress, he shall nevertheless have full power to appoint and corn-
mission all officers herein authorized; and their commissions shall con-
tinue in force until the end of the session of Congress next ensuing the
establishment of the government.
Congress may SEc. 4. Be it further ena(ted, That the territory hereby constituted
hereafter divide one district for the purposes of government, may at the discretion of
it into two d - Congress be hereafter divided into two districts, with separate territorial
governments in each, similar to that established
by this act.
Saving or the SEC. 5. Be it further enarted, That the establishment of this govern-
right of Georgia merit shall in no respect impair the right of the state of Georgia, or of
and of individ-
uals to thcjuris- any person or persons either to the jurisdiction or the soil of the said
diction of soil territory, but the rights and claims of the said state and of all persons
thereof, interested, are hereby declared to be as firm and available, as if this act
had never been made.
The people of SEc. 6. And be it further enacted, That from and after the establish-
this territory to ment of the said government, the people of the aforesaid territory, shall
be entitled to e
certain rights, b entitled to and enjoy all and singular the rights, privileges and
&c. advantages granted to the people of the territory of the United States,
northwest o( the river Ohio, in and by the aforesaid ordinance of the
thirteenth day of July, in the year one thousand seven hundred and
eighty-seven, in as full and ample a manner as the same are possessed
and enjoyed by the people of the said last mentioned territory.
Penalty on the SEc. 7. And be it further enacted, That from and after the establish-
importation or ment of the aforesaid government, it shall not be lawful for any person
slaves from for-
eign parts. or persons to import or bring into the said Mississippi -territory, from
any port or place, without the limits of the United States, or to cause or
procure to be so imported or brought, or knowingly to aid or assist in
so importing or bringing any slave or slaves, and that every person so
offending, and being thereof convicted before any court within the said
territory, having competent jurisdiction, shall forfeit and pay, for each
and every slave so imported or brought, the sum of three hundred
dollars; one moiety for the use of the United States, and the other
moiety for the use of any person or persons who shall sue for the same;
and that every slave, so imported or brought, shall thereupon become
entitled to, and receive his or her freedom.
$10,000 ap- SEC. 8. And be it further enacted, That the sum of ten thousand
propriated for dollars be, and hereby is appropriated, for the purpose of enabling the
carrying the act
into effect. President of the United States to carry into effect the provisions of this
act; and that the said sum be paid out of any monies in the treasury
not otherwise appropriated.

FIFTH CONGRESS. SEss. II. CH. 29, 30. 1798. 551
STATUTE 1.
CHAP. XXIX.-dn .dct authorizingan expenditure, and making an appropria- April 18. 1798.
lion for the reimbursement of monies advanced by the Consuls of the United
States, in certain cases. [Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representa- Secretary of
tlives of the United States of America in Congress assembled, That the State authorized
to reimburse ad-
Secretary of State be, and hereby is authorized, under the direction of ,,,nceesmade by
the President of the United States, to reimburse such reasonable ad- the, consuls.
vances of money as have been made, or, during the present year, shall he
made by the consuls of the United States, in making and supporting the
claims of American citizens to captured property, before the tribunals
of foreign countries; or for the relief of sick and destitute seamen in
foreign countries, beyond the sum already allowed by law for that pur-
pose.
SEc. 2. And be it jurther enacted, That for the purposes aforesaid, $30,000 ap.
there be, and hereby is appropriated, a sum not exceeding thirty thou- propriated.
sand dollars, which shall be paid from any monies which may be in the
treasury, not otherwise appropriated.
STATUTE II.
CHAP. XXX.- n .ct supplementary to an act intiuled "n act authorizing a April 18, 1798.
loan for the use of the City of TWashington, in the Districtof Columbia; and
Ante, p. 461.
for other purposes therein mentioned."
(Obsolete.]
S eTIoN 1. Be it enacted by the Senate and House of Rcpresenta- President may
tives of the United States of America in Congress assembled, That the Ito
cause $100,000to
be loaned
President of the United States be, and he hereby is authorized, to cause the cotndhiso
to be loaned to the commissioners appointed under the act, intituled sioners of the
" An act for establishing the temporary and permanent seat ofthe govern- city or Wa -.
ment of the United States," the sum of one hundred thousand dollars, ington.
fifty thousand of which shall be advanced in the present year, and the Ante, p. 130.
remaining fifty thousand shall be advanced 'in the year one thousand
seven hundred and ninety-nine, at an interest of six per cent. per annum,
to be computed upon each instalment, from the time it shall be ad-
vanced; which sum of one hundred thousand dollars is declared to be
in full of the monies which the said commissioners are now authorized
to borrow, under the direction of the President of the United States,
by virtue of the act, intituled "An act authorizing a loan for the use of 1796, ch. 21.
the city of Washington, in the district of Columbia; and for other pur-
poses therein mentioned."
Sac. 2. Be it further enacted, That the sum herein authorized How the loan
to be borrowed shall be reimbursed by instalments of one fifth part of Isto be reim-
one thou-
said loan, and the interest thereon, commencing in the year
sand eight hundred and five, and continuing, annually thereafter, till the
whole shall be repaid; and all the lots in the city of Washington, now
vested inthe said commissioners, or in trustees, in any manner, for the
use of the United States and now remaining unsold, excepting those set
apart for public purposes, shall be, and are hereby declared and made
chargeable with the repayment of the sums which shall be advanced, in
pursuance of this act, and the interest accruing thereon, and shall be
disposed of in the manner, and under the regulations prescribed by the
act herein last mentioned.
Sac. 3. And be it further enacted, That the sum of fifty thousand Appropriation.
dollars for the.present year, and of fifty thousand dollars for the next
succeeding year, be, and hereby are appropriated for the purposes afore-
said, out of any money in the treasury of the United States, not other-
wise appropriated.

FIFTH CONGRESS. SEss. II. CH. 31, 33. 1798.
STATUTE II.
April27, 1798. CHAP. XXXI.-An .et to provide an additional.firmament for the further pro-
tection of the trade of the United States; and for other purposes.
[Obsolete.]
President au- SECTION 1. Be it enacted by the Senate and House of Representatives
thorized to of the United States of America in Congress assembled, That the Pre-
cause a number sident of the United States shall be, and he is hereby authorized and
of armed ves-
sels, not ex- empowered, to cause to be built, purchased or hired, a number of vesaels,
ceeding twelve, not exceeding twelve, nor carrying more than twenty-two guns each, to
to be procured be armed, fitted out and manned under his direction.
and fitted out.
Number and SEC. 2. And be it further enacted, That the number and grade of
grade of offi- the officers to be appointed for the service of the said vessels, shall be
cers, pay, sub- fixed by the President of the United States, as well as the number of
oistence, term men of which the respective crews shall be composed, who, as well cffi-
of service, &c.
cers as seamen and marines, shall receive the same pay and subsistence,
be entitled to the same advantages and compensations, be governed by
Ante, p. 523. the same rules and regulations, and be engaged for the same time, and
on the same conditions, as by an act of the United States, passed the
first of July, one thousand seven hundred and ninety-seven, entitled
" An act providing a naval armament," is ascertained and established,
as fully, as if the particular provisions of that act, having reference
thereto, were herein inserted at large. Provided always, and be it fur-
ther enacted, That the President of the United States be, and he is
hereby authorized to cause the term of enlistment of the seamen and
marines, to be employed in any vessel of the United States, to be ex-
tended beyond one year, if the vessel should then be at sea, and until
ten days after such vessel shall arrive in some convenient port of the
United States, thereafter; any thing contained in this act, or in the act
entitled "An act providing a naval armament," to the contrary not-
withstanding.
• During the re- SEC. 3. And be it further enacted, That the officers of the aforesaid
cess of the Sen. vessels may, during the recess of the Senate, be appointed and commis-
ate the Presi-
dent may ap- sioned by the'President alone.
point officers. SEc. 4. And be it further enacted, That the sum of nine hundred
Appropriation. and fifty thousand dollars be and are hereby appropriated out of any
monies in the treasury of the United States, beyond the appropriations
that may heretofore have been charged thereon, for the purpose of car-
rying the objects of this act into effect.
STATUTE II.
April 27, 1798. CHAP. XXXIII.--n qet to provide an additional regiment of .Srtilleristsand
- - Engineers.
[Obsolete.]
Additional SECTION 1. Be it enacted by the Senate and House of Representatives
regiment shall of the United States of America in Congress assembled, That an addi-
he engaged for tional regiment of artillerists and engineers shall and may be engaged,
by voluntary enlistments, to serve for the term of five years, unless sooner
discharged, and to be organized as follows; that is to say: There shall
Organization be one lieutenant-colonel commandant, one adjutant, one surgeon and
thereof, three baltalions, each to consist of one major, one adjutant and pay-
master, one surgeon's mate, and four companies, of one captain, two
lieutenants, two cadets with the pay, clothing and rations of a sergeant,
four sergeants, four corporals, forty-two privates, sappers and miners, ten
artificers to serve as privates, and two musicians in each company.
To form a part SEC. 2. And be it furtherenacted, That the additional regiment which
of the miFitary shall be raised pursuant to this act, shall be considered as a part of the
establishment. mifitary establishment of the United States, for the time being; and the
commissioned officers, non-commissioned officers, privates, artificers and
musicians, who shall engage in the said regiment, shall be entitled to the

FIFTH CONGRESS. SEss. II. Cu. 34, 35. 1798.
same bounty, pay and allowances, respectively, according to their cor- Bounty, pay,
respondent ranks, as are, or shall be by law, authorized and provided &c.
for the other parts of the same establishment, and shall be governed by
the same rules and articles of war, and shall be armed and accoutred, in
such manner as the President of the United States shall direct, and shall
and may be employed by him, in detachments, or otherwise, in the field,
or the fortifications upon the sea coast, as, in his opinion, the public ser-
vice shall require.
SFc. 3. And be it further enacted, That the Secretary of War shall Necessary
provide, at the public expense, under the direction of the President of books, &c. to
be provided.
the United States, all necessary books, instruments and apparatus, for Repealed
the use and benefit of the said regiment. 1802, ch. 9.
APPROVEXJ, April 27, 1798.
STATUTE II.
CeAP. XXXIV.-Snd
.ct for erecting Lighthosuses, and placing buoys and stakes April 27,1798.
at the places therein mentioned.
SECTION 1. Be it enacted by the Senate and House of Representatives Lighthouse to
of the United States of America in Congress assembled, That as soon as be built on Old
a cession shall be made by the state of Virginia to the United States, of Point Comort.
the jurisdiction over a tract of land proper for the purpose, the Secretary
of the Treasury be, and he is hereby authorized to provide, by contract,
to be approved by the President of the United States, for building a light-
house on Old Point Comfort, in the said state, and to furnish the same
with all necessary supplies; and also to agree for the salaries or wages
of the person or persons who may be appointed by the President for the
superintendence and care of the same, and that the President be autho-
rized to make the said appointments; and also, that the Secretary of the Buoys to be
Treasury be authorized to cause six buoys to be placed near the entrance placed near the
of Portland harbor, in the state of Massachusetts, at such places as, irr entrance of
Portland Har-
his opinion, will best secure the navigation of the said port; and to bor.
cause the channel of Warren river, from Narraganset Bay, to the port Warren river
of Warren, in the state of Rhode Island, to be staked out and distinctly to be staked.
marked.
SEc. e. And be it further enacted, That there be appropriated and Appropriation.
paid. out of the monies arising from imports and tonnage, the sum of
three thousand and fifty dollars, for the purposes aforesaid.
STATUTE I.
CHAP. XXXV.-dn dct to establish an Executive department, to be denominated April 30, 1798.
the Department of the Navy.
SECTION 1. Be it enacted by the Senate and House of Representatives Department
of the United States of America in Congress assembled, That there shall of the Navy.
be an executive department under the denomination of the Department Secretary of
of the Navy, the chief oIcer of which shall be called the Secretary of the Navy-hi
the Navy, whose duty it shall be to execute such orders as he shall
receive from the President of the United States, relative to the procure-
ment of naval stores and materials and the construction, armament,
equipment and employment of vessels of war, as well as all other matters
connected with the naval establishment of the United States.(a)
(a) The acts reating to the establishment of the department or the Navy, are: An act to establish an
executive department to he denominated the Department of the Navy, April 30, 1798, chap. 35; an act
concerning the naval establishment, March 3, 1815; an act for the gradual increase of the navy of the
United States, April 29, 1816; an act supplementary to an act entitled, ",An act concerning the naval
establishment," March 1, 1817; an act to amend the act entitled, "An act for the gradual increase of the
navy of the United States," March 3, 1821 : an act supplementary to "an act for the gradual increase of
the navy of the United States," May 17, 1826; an act for the gradual improvement of the navy of the
United States, March 3, 1837.
VOL. I.-70 3A

FIFTH CONGRESS. SEss. II. CH. 36, 37. 1798.
He may ap, SEC. 2. And be it further enacted, That a principal clerk and such
point clerks. other clerks as he shall think necessary, shall be appointed by the Secre-
tary of the Navy, who shall be employed in such manner as he shall
deem most expedient. In case of vacancy in the office of the secretary,
by removal or otherwise, it shall be the duty of the principal clerk to
take -the charge and custody of all the books, records and documents of
the said office.
He may take SEC. 3. And he it further enacted, That the Secretary of the Navy
possession of be and he is hereby authorized and empowered, immediately after lie
the books, &c. shall be appointed and shall enter upon the duties of his office, to take
in War Office,
which relate to possession of all the records, books and documents and all other matters
his department. and things appertaining to this department, which are now deposited in
the office of the Secretary at War.
Salary of the SEC. 4. And be it further enacted, That there shall be allowed to
Secretary and the Secretary of the Navy an annual salary of three thousand dollars, pay-
of his clerks. able quarter yearly at the treasury of the United States, and the respec-
tive clerks in the office of the said department shall receive the same
compensations and be subject to the same regulations, as are provided
by an act, supplemental to the act, establishing the treasury department,
and for a further compensation to certain officers in the offices of the
other executive departments.
Part of the SEC. 5. And be it further enacted, That so much of an act, entitled
act establishing "An act to establish an executive department, to be denominated the
the War De. department of war," as vests any of the powers contemplated by the pro-
partment re-
peal ed. visions of this act, in the Secretary for the department of War, shall be
. 1789, ch. 7. repealed, from and after the period when the Secretary of the Navy shall
enter on the duties of his office.
STATUTE I1.
May .3, 1798. CHAP. XXXVI.-Jn lqet to authorize certain Oficers and otherpersons to admin-
ister oaths.(a)
President of SECTION 1. Be it enacted by the Senate and House of Representatives
the Senate,
Speaker, &c. of the United States of America in Congress assembled, That the Pre-
authorized to sident of the Senate, the Speaker of the House of Representatives, a
administer chairman of a committee of the whole, or a chairman of a select com-
oaths, &c. to
witnesses. mittee of either house, shall be empowered to administer oaths or affirma-
tions to witnesses, in any case under their examination.
Penalty on SEc. 2. And be it further enacted, That if any person shall wilfully,
swearing false. absolutely and falsely swear or affirm, touching any matter or thing
ly.
material to the point in question, whereto he or she shall be thus
examined, every person so offending, and being thereof duly convicted,
shall be subjected, to the pains, penalties and disabilities, which by law
are prescribed for the punishment of the crime of wilful and corrupt
perjury.
APPROVED, May 3, 179S.
STATUTE II.
May 3, 1798. CHAP. XXXVI.-2/h; ./et supplementary to the act providingfor the further
defence of the ports and harbors of the United States. (b)
Additional sum SaCTIN 1. Be it enacted by the Senate and House qf Representatives
appropriated for of the United States of America in Congress assembled, That a sum not
fortifications. exceeding two hundred and fifty thousand dollars, in addition to the
sums heretofore appropriated, remaining unexpended, shall be, and is
hereby appropriated, and shall and may be paid out of any monies not
(a) An act to extend the provision of the act to authorize certain officers and other persons, to admin-
ister oaths, May 3, 1798; also act of February 8, 1817, chap. 10.
(b) An act to provide for the further defence of the ports and harbors of the United States, June 23,
1797, chap. 3.

FIFTH CONGRESS. SEss. iI. Ci. 38 - 1798. 555
before appropriated, to make and complete, at the discretion of the Pre-
sident of the United States, the fortifications heretofore directed for cer-
tain ports and harbors, and to erect fortifications in any other place or
places as the public safety shall require, in the opinion of the Presi-
dent of the United States; and which other fortifications he is hereby
authorized to cause to be erected, under his direction from time to time
as he shall judge necessary.
SEC. 2. And be it further enacted, That where any state, which was States erect-
found indebted to the United States, by the report of the commissioners ing or complet-
for settling the accounts between
0 the United States, and the individual to
ingtfortifications
be credited
states, shall, with the approbation of the President of the United States, on account of
proceed to finish or complete any fortification heretofore commenced by balances report-
such state, for the defence of any port or harbor within the same, or 'd against them.
shall, under the direction of the President of the United States, make
and erect any additional fortifications, pursuant to the act, intituled
"An act to provide for the further defence of the ports and harbors 1797, ch. 3.
within the United States," as well the previous expenditures made since
the twentieth day of March, one thousand seven hundred and ninety-
four, which shall be approved by the President of the United States, as
the expenditures which have been, or which shall be directed by him,
shall be allowed and credited to such state, on account of the balance
found and reported, as aforesaid: Provided, that no expenditure ex- Proviso.
ceeding the balance found and reported against the respective state, shall
be allowed as aforesaid; and provided, that the fortifications for which
the whole, or any part of the expenditure, shall be so allowed and cre-
dited as aforesaid, with their privileges and appurtenances, shall be, and
shall be declared and established as the property of. the United States,
while maintained by them.
SEc. 3. And be it further enacted, That these words of the said act, part of former
intituled "An act for the further defence of the ports and harbors of the act repealed.
United States," that is to say, "Provided, the said states shall, and do 1797, ch l.
cede to the United States, the lands or places on which such fortifica-,
tions shall he so erected, in cases where the lands are the property of
such states," shall be, and the same are hereby repealed.
STATUTE I.
CHAP. XXXVIII.-Iqn .ct ti, enable the President.f the United Stales to pro- May 4, 1798.
cure Cannon, .Yrns and dmmunition, and for other purposes.
[Obsolete.]
SEcTION 1. Be it enacted by the Senate and House of Representatives Appropriation
of the United States of America in Congress assembled, That a sum not to purchase
exceeding eight hundred thousand dollars, shall be, and hereby is appro- cannon,
arms, &c.
small
priated, and shall and may be paid out of any monies not before appro-
priated, under the direction of the President of the United States, to
purchase, as soon as may be, a sufficient number of cannon, also a sup-
ply of small arms, and of ammunition and military stores, to be deposited,
and used, as will be mot conducive to the public safety and defence, at
the discretion of the President of the United States.
SEC. 2. And be it further enacted, That the President of the United President may
States be, and he is hereby authorized, in case he shall find it impracti- establish foun-
dries and ar.
cable, to procure by purchase, with certainty and dispatch proportionate mouries.
to the necessities of the public service, the cannon and arms hereby
required, and any considerable part thereof shall be likely to be deficient,
to take, by lease, for a term of years, or by sale in fee, to the United
States, one or more suitable place or places where cannon or small arms
may be advantageously cast and manufactured, and shall and may there
establish founderies and armouries for the manufacture of the same,
respectively, and shall cause suitable artisans and laborers to be there

FIFTH CONGRESS. SEss. II. Cu. 39, 41, 42. 1798.
employed for account of the United States; and shall and may appoint
one or more persons to superintend the said works, under the direction
Accounts to of the department of war. And an account of the expenditures which
be laid before shall be incurred in forming and employing these establishments; and
Congress re-
specting the of the cannon and arms which shall be cast and manufactured therein
same. respectively, shall be laid before the Congress of the United States at
their next session, and annually thereafter, so long as the same shall be
continued.
Appropriation SEc. 3. And be it further enacted, That the sum of one hundred
for the found- thousand dollars shall be and hereby is appropriated, and shall be paid
ries and ar-
mouries. out of any monies not before appropriated, for the hire, purchase and
employ of the said founderies and armouries, respectively, in case such.
establishments shall be found necessary, as hereinbefore provided.
STATUTE II.
May 4, 1798. CHAP. XXXIX.--.On.Act to authorize the President of the United States to cause to
be purchased, or built, a number of small vessels to be eguipped as gallies, or other-
[Ohsolete.]
wise.
President
rovide ten may
gal. SECTION 1. Be it enacted by the Senate and Hodtse of Representatives
es.
pi of the United States of America in Congress assembled, That the Pre-
lie sident of the United States be, and he is hereby authorized, if the same
shall appear to him necessary for the protection of the United States, to
Post, p. 569. cause a number of small vessels, not exceeding ten to be built, or pur-
chased, and to be fitted out, manned, armed and equipped as gallies, or
otherwise, in the service of the United States, the officers and men to
be on the same pay, and to receive the same subsistence, as officers of
the same rank and men are entitled to, in the navy of the United States.
Officers may SEC. 2. And be it further enacted, That the said officers shall be ap-
be
e appointed by pointed and commissioned by the President of the United States alone
th e-President in
th erecess-em- during the recess of the Senate; and the said gallies or vessels shall be
pIoyment of the stationed in such parts of the United States, as he may direct.
gaallies. SEc. 3. And be it further enacted, That there be appropriated for the
Appropriation. purpose aforesaid, the sum of eighty thousand dollars, out of any monies
in the treasury not otherwise appropriated.
STATUTE II.
May S, 1798. CHAP. X LI.-n getdirecting the payment of a detachment of Militia,for ser-
vices performed in the year one thousand seven hundred and ninety-four, under
Major James Ore.
[Obsolete.] Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the proper accounting
officers be, and they are hereby authorized to settle the accounts of the
militia who served on an expedition commanded by Major James Ore,
against the lower Cherokee Indians, in the year one thousand seven
hundred and ninety-four; and that the same be paid out of any monies
in the treasury, not otherwise appropriated.
APPROVED, May S, 1798.
STATUTE If.
May 8, 1798. CHAP. XLII.-n Act, to continue in force, apart of an act respecting the com-
pensation to the Officers and Marinersof the Revenue (itters.
tObsolete.] Be it enacted by the Senate and House of Representativesof the United
46
Ante, p. 1. States of America in Congress assembled, That the first section of an act
passed the sixth day of May, one thousand seven hundred and ninety-
six, intituled "An act making further provision relative to the revenue

FIFTH CONGRESS. SESS. II. C. 43, 46. 1798. 557
cutters," be, and the same is hereby continued in force to the end of the
next session of Congress.
STATUTE II.
CHAP. XLIII.---An ct to revive and continue in force, thejact respecting thecom- May 14, 1798,
pensation of clerks, and for otherpurposes. (Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Act respect-
tion comnpensa-
of the United States of America in Congress assembled, That the act Ing of clerks
passed on the thirtieth day of May, one thousand seven hundred and continued.
ninety-six, intituled "An act to regulate the compensation of clerks," 1796, ch. 40.
be and the same hereby is revived and continued in force, until the first
day of January next.
SEC. 2. And be it further enacted, That to the aggregate of compen- Additional
sations for clerks in the present year, as fixed, pursuant to the aforesaid compensation to
cerks inandthe
treasury
act, there shall be added, during the present year, the following sums, to
wit: In the War department, one thousand six hundred dollars, for such war depart-
additional clerks, and in such proportions, as the secretary of that de- ments ir the
partment shall think fit: In the Treasury department, three thousand present year.
dollars for enabling the Comptroller and Auditor to employ such clerks
as may be necessary in adjusting and settling the accounts which origi-
nated under the government of the United States, prior to the fourth
day 6f March, one thousand seven hundred and eighty-nine.
SEC. 3. And be it further enacted, That the sum of one hundred dol- Additional
lars be allowed and paid, for the year one thousand seven hundred and comPenstio
ninety-eight, to each of the principal and engrossing clerks in the office Senate and
of the secretary of the Senate, and of the clerk of the House of Repre- House of Rep-
sentatives; also, the like sum to the ser'geant-at-arms of the House of resntatves.
Representatives, and to each of the doorkeepers and assistant door-
keepers of the two Houses of Congress, in addition to the compensations
heretofore allowed them by law.
SEC. 4. And be it further enacted, That the aforesaid sums, together' Additional
with the sum of two hundred dollars additional allowance for a clerk in allowance to a
clerk in the
the Mint, granted by the aforesaid act, shall he paid out of the sum of mint.
six hundred thousand dollars, reserved by the act "making provision How these
for the debt of the United States." Sums are to be
APPROVED, May 14, 1798. paid,
Ante, p. 138.
_______STATUTE II.
CRAP. XLVI.-InAct to amend the act intiluled "An act to amend and repeal, May 22, 1798.
in part, the act intitaled An act to ascertain and f= the Military establishment
of the United States." [Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives The brigadier
of the United States of America in Congress assembled, That the Briga- general may
choose his bri-
dier General who is now, or may hereafter be in the service of the United gade major and
States be, and he hereby is authorized to choose his brigade-major and inspector from
inspector, or either of them, from the commissioned officers in the line the commission-
ed officers.
of the army; and that so much of the second section of the act, intituled
"An act to amend and repeal, in part, the act, intituled An act to Ante, p. 17.
ascertain and fix the military establishment of the United States," as
confines the choice of brigade-major and inspector to the captains and
subalterns of the line, be, and the same is hereby repealed.
SEc. 2. And be it further enacted, That the accounting officers of the Allowance to
Major Cushing
treasury shall allow to Major Cushing the monthly pay, rations, forage as inspector.
and allowances for the same, as established by law for an inspector,
during the time he has acted in said capacity by appointment of General
Wilkinson.
8A2

FIFTH CONGRESS. SEss. II. Cu. 47. 1798.
STATUTE I.
may "28, 1798. CHAP. XLVII.-in .Aet authorizing thre Presidentof the United States to raise a
[Repealed.] ProvisionalArmy.
Act of March SECTION 1. Be it enacted by the Senate and House of Representatives
16, 1802, ch. 9, of the United States of America in Congress assembled, That the Pre-
sec. 29. sident of the United States be, and he is hereby authorized, in the event
The President
may, on certain of a declaration of war against the United States,or of actual invasion
events taking of their territory, by a foreign power, or of imminent danger of such
place, raise an invasion discovered in his opinion to exist, before the next session of
army of 10,000
men for three Congress, to cause to be enlisted, and to call into actual service, a num-
years. her of troops, not exceeding ten thousand non-commissioned officers,
1799, ch. 48. musicians and privates, to be enlisted for a term not exceeding three
Bounty. years: each of whom shall be entitled to receive a bounty of ten dol-
lars, one half on enlisting, and the other half on joining the corps to
which he may belong.
The President SEC. 2. And be it further enacted, That the President be, and he is
may
those organize
troops, hereby authorized to organize, with a suitable number of major-generals,
and appoint and conformably to the military establishment of the United States, the
their officers in said troops into corps of artillery, cavalry and infantry, as the exigencies
the recess. of the service may require; and in the recess of the Senate, alone to
appoint the commissioned officers. The appointment of the field oficers
to be submitted to the advice and consent of the Senate, at their next
Those troops subsequent meeting. The commissioned and non-commissioned officers,
to be on the musicians and privates, raised in pursuance of this act, shall be subject
fi, g of the.
other troops of to the rules and articles of war, and regulations for the government of
the U.States. the army, and be entitled to the same pay, clothing, rations, forage and
all other emoluments, bounty excepted, and in case of wounds or disa-
bility received in service, to the same compensation as the troops of the
1798, ch. 57. United States are by law entitled.
The President SEC.3. And be it further enacted, That in addition to the aforesaid
may accept of number of troops, the President is hereby empowered, at any time
volunteers, in .within three years after the passing of this act, if in his opinion the pub-
add ition to
those troops. lic interest shall require, to accept of any company or companies of
volunteers, either of artillery, cavalry or infantry, who may associate
and offer themselves for the service, who shall be armed, clothed and
equipped at their own expense, and whose commissioned officers the Pre-
sident is hereby authorized to appoint; who shall be liable to be called
upon to do military duty at any time the President shall judge proper,
within two years after he shall accept the same; and when called into
actual service, and while remaining in the same, shall be under the same
rules and regulations, and shall be entitled to the same. pay, rations, for-
age and emoluments of every kind, excepting bounty and clothing, as the
1799, ch. 48. other troops to be raised by this act.
Allowance or SEe. 4. And be it further enacted, That in case any such volunteer,
injuries or loss while in actual service, and in the line of his duty, sustains any damage,
of horses, arms by injury done to his horse, arms or equipage, or by loss of the same,
or quipage to
be made to vol. without any fault or negligence on his part, a reasonable sum, to be
unteers. ascertained in such manner as the President shall direct, shall be
allowed for each and every such damnage or loss.
President may SEC. 5. And be it further enacted, That whenever the President shall
appoint a lieu- deem it expedient, he is hereby empowered to appoint, by and with the
tenant general. advice and consent of the Senate, a commander of the army which may
be raised by virtue of this act, and who being commissioned as lieuten-
ant-general may be authorized to command the armies of the United
States, and shall be entitled to the following pay and emoluments, viz.:
His pay and two hundred and fifty dollars monthly pay, fifty dollars monthly allow-
emoluments. ance for forage, when the same shall not be provided by the United
States, and forty rations per day, or money in lieu thereof at the current
price, who shall have authority to appoint, from time to time, such num.

ber of aids not exceeding four, and secretaries not exceeding two, as he Aids and sec-
may judge proper, each to have the rank, pay and emoluments of a lieu. retaries.
tenant-colonel.
SEc. 6. And be it further enacted, That whenever the President shall President may
deem it expedient, he is hereby empowered, by and with the advice and appoint an "n-
consent of the Senate, to appoint an inspector-general, with the rank of spectorgeneral.
major-general, and the major-generals and inspector-general shall each
be entitled to the following pay and emoluments, viz.: one hundred and Pay and e-ol-
sixty-six dollars monthly pay, twenty dollars monthly allowance for forage, uments of naj )r
when the same is not provided by the United States, and fifteen rations generals and in,-
spector general.
per day, or mopey in lieu thereof, at the current price; and shall he and They may ap-
they are hereby authorized to appoint two aids, each of whom shall have point aids.
the rank, pay and emoluments of a major. And at the time aforesaid,
the President is further empowered, by and with the advice and consent President may
of the Senate, to appoint an adjutant-general, who shall have the rank appoint an ad-
pay and emoluments of a brigadier.general. And the President is hereby Assistant in.
authorized alone to appoint, from time to time, when he shall judge pro- spectors to
per, assistant inspectors to every separate portion of the army, consisting every
portionseparate
of the
of one or more divisions, who shall be deputy adjutant-generals thereof army t
respectively, and who shall be taken from the line of the army, and
allowed, in addition to their pay, eight dollars per month; and likewise and inspectors
to appoint inspectors and sub-inspectors tb each brigade 9and corps of tors and to
sub-inspec-
each bri-
every description, at his discretion, taking them from the line of the gade and corps.
army, and they shall each receive, while acting in said capacity, an addi-
tional pay of six dollars per month.
SEc. 7. And be it further enacted, That in case the President shall Also a quar-
judge the employment of a quartermaster-general, physician-general and termaster gee.
era], physician
paymaster-general or either of them essential to the public interest, he general and
is hereby authorized, by and with the advice and consent of the Senate, paymaster gee.
to appoint the same accordingly, who shall be entitled to the rank, pay era].Proviso, en.
and emoluments which follow, viz. : quartermaster-general, the rank, pay 'abling the Pre-
and emoluments of a lieutenant-colonel; physician-general • and pay-
- sident to make
appointments
master-general each the pay and emoluments of a lieutenant-colonel. of certain offi.
Provided, that in case the President shall judge it expedient to appoint cers in the re.
a commander of the army, an inspector-general, adjutant-general, quar- cess, whose
termaster-general, physician-general and paymaster-general, or either of commissions
shall expire at
them, in the recess of the Senate, he is hereby authorized to make any the end or the
or all of said appointments and grant commissions thereon, which shall session of the
expire at the end of the next session of the Senate thereafter, Senate there.
after.
SEC. 8. And be it further enacted, That the laws of the United States, Former laws
respecting the regulations and emoluments of recruiting officers; punish- respecting the
military
ment of persons who shall procure or entice a soldier to desert or shall lishment estab- of the
purchase his arms, uniform clothing, or any part thereof; and the punish- U. States ex-
ment of every commanding officer of any ship or vessel who shall receive persons
tended matters
to the
on board his ship or vessel as one of his crew, knowing him to have and things with-
deserted, or otherwise carry away any soldier or refuse to deliver him up in the meaning
to the orders of his commanding officer; and the law respecting the ofthis act.
oath or affirmation to be taken by officers, non-commissioned officers,
musicians and privates; and respecting the inserting of conditions in
the enlistments; and all other laws respecting the military establishment
of the United States, excepting in such cases where different and specific
regulations are made by this act-shall be in force and apply to all per-
sons, matters and things within the intent and meaning of this act, in
the same manner, as they would, were they inserted at large in the
same.
SEE. 9. And be it further enacted, That the commander of the army, The President
inspector-general, adjutant-general, quartermaster-general, physician-gee- may at his dis-
cretion
ral, and paymaster-general, and the general,field and commissioned officers charge the dis.
who may be appointed by virtue of this act, shall respectively continue in whole or any

560 FIFTH CONGRESS. Sass. IL CiH. 47. 1798."
commission during such term only as the President shall judge requisite
part of the offi-
cers and sol. for the public service, a'nd that it shall be lawful for the President to dis-
diers raised or
accepted under charge the whole or any part ofthe troops, which may be raised or accepted
this act. under authority of this act, whenever he shall judge the measure con-
sistent with the public safety.
No commis- Sue. 10. And be it further enacted, That no commissioned or staff-
sioned or staff officer, who shall be appointed by virtue of this act, shall be entitled to
officer to been.
titled to pay or receive pay or emoluments until he shall be called into actual service,
emolument- but nor for any longer time than he shall continue therein. Provided,
for actual ser- nothing in this section shall be construed to prevent captains and subal-
vice. terns from receiving pay and emoluments while employed in the recruit-
ing service. And provided also, that no enlistment shall take place by
virtue of this act after three years from the passing thereof.
The President SEc. 11. And be it further enacted, That it shall be lawful for the
may loan field President of the United States, at his discretion, upon the request of any
tia orp, di- militia corps established by law, in any state, disposed to inform them-
posed to inform selves in the use of artillery, or of the executive of any state, in behalf
themselves in of such corps, to suffer to be loaned to them, such pieces, not exceeding
its use. two to any one corps, of the field artillery of the United States, as may
be most conveniently spared, to be taken, removed and returned, at the
expense of the party requesting: who are to be accountable for the same,
and to give receipts accordingly.
And also to Sec. 12. And be it further enacted, That the President of the United
loan field artil- States shall be, and he is hereby authorized, when, under his orders,
lery, arms, and
accoutrements any portion of the militia, or any volunteer corps, shall be called forth
to militia or col-
and engaged in the actual service of the United States, to suffer to be
unteer corps loaned, at the request of the executive of the state from which such
called forth and militia shal be called forth, or of such volunteer corps, appearing to be
engaged in ac.
tual service, unavoidably deficient, a supply of field artillery, arms and accoutrements
from the arsenals of the United States, as the case may require; proper
receipts and security being given to be accountable to return the same,
the accidents of the service excepted.
President may SEc. 13. And be it firtlr enacted, That the President of the United
procure certain States shall be, and be is hereby authorized to cause to be purchased and
equipage for
cavalry, which procured a quantity of caps, swords or sabres, and pistols wIth bolsters, not
may be loaned exceeding what may be sufficient for four thousand cavalry, and to be
as aforesaid, deposited in the parts of the United States, where he shall deem it most
convenient for the supply of any corps of cavalry which shall be called into
the actual service of the United States, and which the President of the
United States may loan upon the terms and the like receipts, to be account-
able as herein before provided. And for this purpose, and towards defray-
ing the expenses which may be necessarily incurred before the next ses-
Appropriation sion of Congress, in executing the other purposes of this act, a sum not
of $200,000. exceeding two hundred thousand dollars, shall be, and is hereby appro-
priated, and shall and may be paid at the treasury, under the orders of
the President of the United States, out of any money not already appro-
priated.
Privates ex- Sac. 14. And be it .further enacted, That the private soldiers who
empt from ar. are and who shall be enlisted and employed in the service of the United
rests for debt or
contract. States, shall be, and they are hereby exempted, during their term of
.service, from all personal arrests, for any debt or contract. And when-
ever any soldier shall be arrested, whether by mesne process, or in exe-
cution, contrary to the intent hereof, it shall be the duty of the judge of
the district court of the district in which the arrest shall happen, and of
any justice of the supreme court of the. United States, and of any court
or judge of a state, who, by the laws of such state, are authorized to
issue writs of habeas corpus, respectively, on application by any officer
of the corps in which such soldier shall be engaged, to grant a writ of
habeas corpus returnable before himself; and upon due hearing and

FIFTH CONGRESS. S~ss. II. CH. 48,49. 1798.
examination, in a summary manner, to discharge the soldier from such
arrest, taking common bail, if required, in any case upon mnesne process,
and commit him to the applicant, or some other officer of the same
corps.
STATcUcE 11.
CHAP. XLVIII.-n ./2ct more effectually to protect the Commerce and Coasts of May 28, 1798.
the United States.
[Obsolete.]
WHEREAS armed vessels sailing under authority or pretence of autho- Preamble.
rity from the Republic of France, have committed depredations on the 1798, ch. 53.
commerce of the United States, and have recently captured the vessels 1793,.ch. 67.
1798, ch. 68.
and property of citizens thereof, on and near the coasts, in violation of
the law of nations, and treaties between the United States and the
French nation. Therefore:
President may
Be it enacted by the Senate and House of Representatives of the issue instruc-
United States of America in Congress assembled, That it shall be law- tions to the
ful for the President of the United States, and he is hereby authorized commanders of
public armed
to instruct and direct the commanders of the armed vessels belonging to ships to bring
the United States to seize, take and bring into any port of the United into port cer-
States, to be proceeded against according to the laws of nations, any tain French
armed vessels,
such armed vessel which shall have committed or which shall be found and to make re-
hovering on the coasts of the United States, for the purpose of commit- captures from.
ting depredations on the vessels belonging to citizens thereof;-and also them.
to retake any ship or vessel, of any citizen or citizens of the United States
which may have been captured by any such armed vessel.
STATUTE I.
CHAP. XLIX.-.2n .etproviding for the relief of persons imprisoned fr Deb.'s June 6, 1798.
due to the United States.
March 3, 1817.
SECTION 1. Be it enacted by the Senate and House of Representatives ch. 114.
Insolvent to
of the United States of America in Congress assembled, That any person make applica.
imprisoned upon execution issuing from any court of the United States, tion to the Sec-
for a debt due to the United States, which he shall be unable to pay, retary of the
may, at any time after commitment, make application, in writing, to the Treasury,
Secretary of the Treasury, stating the circumstances of his case, and his Ante, p. 482.
inability to discharge tbe debt; and it shall thereupon be-lawful for the who may cause
said Secretary to make, or require to be made, an examination and an examination
to be made of
inquiry into the circumstances of the debtor, either hy the oath or the facts of the
affirmation of the debtor, (which the said secretary, or any other person case ;
by him specially appointed, are hereby authorized to administer) or
otherwise, as the said secretary shall deem necessary and expedient, to
ascertain the truth; and upon proof being made to his satisfaction, that and upon proof
of certain facts,
such debtor is unable to pay the debt for which he is imprisoned, and he may receive
that he hath not concealed, or made any conveyance of his estate, in an assignment
trust, for himself, or with an intent to defraud the United States, or of the debtor'a
property ;
deprive them of their legal priority, the said secretary is hereby autho-
rized to receive from such debtor, any deed, assignment, or conveyance
of the real or personal estate of suc'h debtor, if any he hath, or any col-
lateral security to the use of the United States; and upon a compliance and on the debt.
bv the debtor, with such terms and conditions as the said secretary may or's complying
with the terms
judge reasonable and proper, under all the circumstances of the case, it prescribed by
shall be lawful for the said secretary to issue his order, under his hand, the Secretary;
to the keeper of the prison, directing him to discharge such debtor from he may order
him to be dis-
his imprisonment under such execution, and he shall be accordingly discharged.
charged, and shall not be liable to be imprisoned again for the said debt;
but the judgment shall remain good and sufficient in law, and may be
satisfied out of any estate which may then, or at any time afterwards,
belong to the debtor.
Vol,. 1.-71

562 FIFTH CONGRESS. Srss. II. CH. 50, 51. 1798.
Penalty on SE. 2. And be it further enacted, That if any person shall falsely
swearing falsely take an oath or affirmation under this act, he shall be deemed guilty of
under this act. perjury, and be subject to the pains and penalties provided in the third
section
19,e.8.for of an act, intituled "An act for the relief of persons imprisoned
debt."
This act not SEC. 3. And be it further enacted, That the benefit of this act shall
to extend to the not be extended to any person imprisoned for any fine, forfeiture or
tase ofa penal
ty Or Of monies penalty, incurred by a breach of any law of the United States,, or for
had and receiv- monies had and received by any officer, agent, or other person, for their
ed. use.
STATUTE IL.
June 6, 1798. CHAP. L.--n Jet supplementary to an act intituled ".in act for the relief tf
persons imprisonedfor Debt."
Be it enacted by the Senate and House of Representatives of the United
States of America i" (Ongress assembled, That any person imprisoned
upon process issuc from any court of the United States in any civil
action, againsi whom judgment has been, or shall be recovered, shall be
May 28,1796. entitled to the privileges and relief provided by an act, intituled "An
ch. 38. act for the relief of persons imprisoned for debt," under the regulations
and restrictions of the same act; after the expiration of thirty days from
the time such judgment has been, or shall be recovered, though the
creditor should not, within that time, sue out his execution, and charge
the debtor therewith.
STATUTE I1.
June 12, 1798. CHAP. LI.-In Stet respectn~- loan office
and final settlement certificates, indents
ofCinterest, and the unfunded or registered debt credited in the books of the
[Obsolete.] Treasury.
Law barring SECTION t. Be it enacted by the Senate and House of Representatives
loan office and of the United States of America in Congress assembled, That so much
final settlement
certificates and of the act, intituled " An act making further provision for the support
indents of inter. ef public credit, and for the redemption of the public debt," passed the
est suspended third day of March, one thousand seven hundred and ninety-five, as bars
for a year.
Ante, p. 433. from settlement or allowance, certificates, commonly called loan office
and final settlement certificates, and indents of interest, be, and the same
is hereby suspended for the term of one year from and after the time of
Notification the passing of this act; a notification of which temporary suspension of
thereof to be the act of limitation shall be published by the Secretary of the Treasury,
published by the
Secretary of the for the information of the holders of the said certificates, in one or more
Treasury. of the public papers in each of the United States.
On settlement SEC. 2. And be it further enacted, That on the liquidation and settle-
thereof the cre- ment of such of the said certificates, and indents of interest, as may be
ditors may re-
ceive certain presented at the treasury, pursuant to this act, the creditors shall be
stock. allowed to receive certificates of funded three per cent. stock of the
United States, equal to the said indents, and the arrearages of interest
due on their said certificates, prior to the first day of January, one thou-
sand seven hundred and ninety-one.
How the prin. SEC. 3. And be it further enacted, That the principal sums of the said
cipal of the loan
office and final loan office and final settlement certificates, with the interest thereon,
settlement cer- since the first day of January, one thousand seven hundred and ninety-
tificates and one, shall and may be discharged, after liquidation at the treasury, by the
certain interest
"ereon shall be payment of interest and reimbursement of principal, equal to the sums
discharged. which would have been payable thereon, if the said certificates bad been
subscribed, pursuant to the acts making provision for the debts of the
United States, contracted during the late war, and by the payment of

-
FIFTH- CONGRESS. Skss. II. Ci.52. 1798. 563
other sums, equal to the market value of the remaining fuhded stock,
which would have been created by subscriptions, as aforesaid; which
market value shall be determined by the Comptroller of the Treasury.
SEC. 4. And be it further enacted, That the sum of twenty thousand 'Appropriation
dollars shall be, and hereby is appropriated for the purposes aforesaid, therefor.
to be paid out of any monies in the treasury not otherwise appropriated.
SEC. 5. And be it further enacted, That from and after the passing Treasory not
of this act, it shall not be lawful for the officers of the treasury to issue ;cates
to issueof certifi-
regis.
or cause to be issued, any certificates of registered or unfunded debt; teredorunfund-,
and thijt to satisfy such claims for services, or supplies furnished or done ed debt.
prior to the establishment of the present constitution of the United States, forAppropriation
services
as shall be allowed according to law, and the course of settlement at the supplies priorand to
treasury, there be appropriated a sum not exceeding twenty thousand the presentcon
dollars, to be paid out of any monies in the treasury not otherwise ap- stitution.
propriated.
SEC. 6. And be it further enacted, That the commissioners of the Reimburse.
sinking fund shall be, and they are hereby required to reimburse, or menttobemade
cause to be reiibu'rsed,
Ior
the principal sums of the unfunded, or regis- of the unfunded
registered
tered debt of the United States, credited on the books of the treasury, debt.
aid commissioners of loans; and that they cause a notification to be Notification
published, informing the creditors generally,.of the said reimbursement, thereof to be
and that interest on the said debts will cease at the expiration of six published.
months after the date of the said notification; and that a sum not ex- Appropriation
ceeding ninety thousand dollars be appropriated for the reimbursement therefor.
of the debts aforesaid, out of any monies in the treasury not otherwise
appropriated.
SEc. 7. And be it further enacted, That it shall be lawful for the Creditors of
creditors of the unfunded or registered debt aforesaid, to receive certifi- unfunded or re-
gistered debt
cates of funded three per cent. stock, equal to the arrearages of interest may receive
due to them, respectively, prior to the first day of January, one thousand certificates of
seven hundred and ninety-one; and on the requisition of each or any stock tbrcertain
arrearages of
of the said creditors, the proper officers of the treasury are hereby re- interest.
quired to issue, or pause to be issued, the said certificates of funded
three per cent. stock accordingly.
STATUTE 11.
CHAP. LII.-sn Yet making appropriationsfor the Military establishment, for June 12, 1798.
the year one thousand seven hundred and ninety-eight ; and for otherpurposes.
[Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives Specific ap-
of the United States of America in Congress assembled, That for the propriations.
support of the military establishment, for the year one thousand seven
hundred and ninety-eight, the pay and subsistence of the officers and
men ; bounties and premiums; the clothing, hospital, ordnance, quar-
termasters and Indian departments; the defensive protection of the fron-
tiers; the contingent expenses of the war department, and the payment
of military pensions; the sum of one million four hundred and eleven
thousand seven hundred and ninety eight dollars (including the sum of
two hundred thousand dollars already appropriated on account) be, and
hereby is appropriated ; that is t6 say :
For the pay of the army of the United States, the sum of two hundred
and sixty-four thousand eight hundred and twenty-four dollars.
For the subsistence of the officers of the army, the sum of forty thou-
sand six hundred and sixty-one dollars.
For the subsistence of the non-commissioned officers and privates, the
sum of two hundred and forty-seven thousand one hundred and seventy-
eight dollars.
For forage, the sum of fifteen thousand eight hundred and sixteen
dollars.

FIFTH CONGRESS. SESS. II. CH. 52. 1798.
Specific ap- For equipments, for one company of cavalry, two thousand one hun-
propriations. dred and forty dollars.
For horses for the cavalry, to replace those which may die, or become
unfit for service, the sum of four thousand five hundred dollars.
For clothing, the sum of eighty-three thousand and fifty dollars.
For bounties and premium, the sum of thirty-eight thousand dollars.
For the hospital department, the sum of ten thousand dollars.
For the ordnance department, the sum of forty-three thousand dollars.
For the quartermaster's department, the sum of two hundred and
twenty-four thousand dollars.
For the Indian department, the following sums, that is to say:
For the payment of annuities to the Six Nations, Chickasaws, 'Chero-
kees and Creeks, the sum of fourteen thousand dollars.
For the expenses attending the transportation of goods, for the above
mentioned annuities, the sum of nine thousand dollars.
For promoting civilization, and pay of temporary agents, the sum of
fifteen thousand dollars.
For rations to Indians at the different military posts, and within their
respective nations, the sum of twenty thousand dollars.
For building a grist and saw mill for the use of the Stockbridge In-
dians, agreeably to a treaty in one thousand seven hundred and ninety-
four, three thousand dollars.
For contingent expenses for presents to Indians on their visits to the
seat of government, and expenses attending their journies, and during
their stay in Philadelphia, the sum of ten thousand dollars.
For the defensive protection of the frontiers of the United States, in-
cluding the erection and repair of forts and fortifications, the sum of
sixty thousand dollars.
For loss of stores, allowances to officers on being ordered to distant
commands, and for special purposes; advertising and apprehending
deserters, printing, for purchasing of maps, and other contingent ex-
penses, the sum of twenty thousand dollars.
For the annual allowance to the invalids of the United States, for their
pensions, from the fifth -of March, one thousand seven hundred and
ninety-eight, to the fourth day of March, one thousand seven hundred
and ninety-nine, the sum of one hundred and two thousand and sixty-
seven dollars, and seveD cents.
For the construction and repair of certain vessels on the lakes, in the
service of government, and the pay and subsistence of the officers and
crews of the same, sixteen thousand seven hundred dollars.
For making good a deficiency in the -appropriations for the subsist-
ence of the non-commissioned officers and privates of the army of the
United States, for the year one thousand seven hundred and ninety-seven,
the sum of one hundred and fourteen thousand one hundred and sixty-
seven dollars, and ninety-five cents.
For making good a deficiency in the appropriation for the expense of
the quartermaster's and Indian departments; the defensive protection
of the frontiers; bounties, and all other contingent expenses of the war
department, for the year one thousand seven hundred and ninety-seven,
the sum of fifty-four thousand six hundred and ninety-four dollars.
How these ap. SEC. 2. And be it further enacted, That the appropriations herein
propriations are
to be paid.
before made, shall be paid and discharged out of the surplus of the re-
venue and income beyond the appropriations heretofore charged thereon,
to the end of the present year.,
APPROVED, June 12, 1798,

'
FIFTH' CONGRESS SEs': .Ci: 53. 17J.
STATUTE 11.
CHAP. LIIl.-n Ac to suspend the commercil intercotrse between the United June 13, 1798.
States and France, and the dependencies thereof.(a)
[Expired.]
SECTION 1. Be it enacted by the Senate and House of Representatives After 1st July
of the United States of America in Congress assembled, That no ship 1798, vessels
or vessel, owned, hired, or employed, wholly or in part, by any person shall not go to
the dominions
resident within the United States, and which shall depart therefrom after of France, orbe
the first day of July next, shall be allowed to proceed directly, or from employed in
any intermediate port or place, to any port or place within the territory fortraffic
persons or
with,resi-
of the French Republic, or the dependencies thereof, or to any place in dent therein.
the West Indies, or elsewhere under the acknowledged government of
France, or shall be employed in any traffic or commerce with, or for any Post, p. 578.
person resident within the jurisdiction, or under the authority of the
French Republic. And if any ship or vessel, in any voyage thereafter
commencing, and before her return within the United States, shall be
voluntarily carried, or suffered to proceed to any French port or place as
aforesaid, or shall be employed as aforesaid, contrary to the intent here-
of, every such ship or vessel together with her cargo shall be forfeited, Penalty there.
and shall accrue, the one half to the use of the United States, and the 00.
other half to the use of any person or persons, citizens of the United
States, who will inform and prosecute for the same; and shall be liable
to be seized, prosecuted and condemned iii any circuit or district court
of the United States which shall be holden within or for the district where
the seizure shall be made.
SEC. 2. And be it further enacted, That after the first day of July Bond to be
next, no clearance for a foreign voyage shall be granted to any ship or .ing givenfor on clear-
a foreign
vessel, owned, hired, or employed, wholly or in part, by any person resi- voyage after ist
dent within the United States, until a bond shall be given to the use of July, 1798.
the United States, wherein the owner or employer, if usually resident or
present, where the clearance shall be required, and otherwise his agent
or factor, and the master or captain of such ship or vessel for the in-
tended voyage, shall be parties, in a sum equal to the value of the ship
or vessel, and her cargo, and shall find sufficient surety or sureties, to
the amount of one half the value thereof, with condition that the same
shall not, during her intended voyage, or before her return within the
United States, proceed, or be carried, directly or indirectly, to any port
or place within the territory of the French Republic, or the dependen-
cies thereof, or any place in the West Indies, or elsewhere, under the
acknowledged government of France, unless by distress of weather, or
want of provisions, or by actual force and violence, to be fully proved
and manifested before the acquittance of such bond; and that such ves-
sel is not, and shall not be employed during her intended voyage, or
before her return, as aforesaid, in any traffic or commerce with or for
any person resident within the territory of that republic, or in any of the
dependencies thereof.
SEC. 3. And be it further enacted, That from and after due notice French yes-
of the passing of this act, no French ship or vessel, armed or unarmed, sels and certain
other vessels
commissioned by or for, or under the authority of the French Republic, not to be allow.
or owned, fitted, hired or employed by any person resident within the ed to enter or
remain in the
territory of that republic, or any of the dependencies thereof, or sailingngUnited States
or coming therefrom, excepting any vessel to which the President of the unless theylhave
United States shall grant a passport, which he is hereby authorized to the President's
of any passport' "
grant in all cases where it shall be requisite for the purposes remain
entry, or to
political or national intercourse, shall be allowed an
within the territory of the United States, unless driven there by distress Post, 611.
of weather, or in want of provisions. And if contrary to the intent
(a) An act to declare the treaties heretofore concluded with France, as no longer obligatory , the
United States, July 7, 1798, chap. 67. 3B

FIFTH CONGRESS. SEss. I. Cn. 54. 1798.
In ease oftbeir hereof any such ship or vessel shall be found within the jurisdictional
being found limits of the United Stdtes, not being liable to seizure for any other
within the U.
States they shall cause, the company having charge thereof shall be required to depart
be ordered to and carry away the same, avoiding all unnecessary delay; and if they
depart; and on shall, notwithstanding, remain, it shall be the duty of the collector of
I on compliance
they shall be the district, wherein, or nearest to which, such ship or vessel shall be, to
seized and de- seize and detain the same, at the expense of the United States: Provided,
tained. that ships or vessels which shall be bona fide the property of, or hired
Vessels belong or employed by citizens of the United States, shall be excepted from
ing to citi zensbyecpd
of the U. States this prohibition until the first day of December next, and no longer:
excepted from And provided that in the case of vessels hereby prohibited, which shall
the prohibition
of be driven by distress ofweather, or the want of provisions into any port or
until the 1st
December 1798. place of the United States, they may be suffered to remain under the
Proceedings custody of the collector there, or nearest thereto, until suitable repairs or
to be had in
case of vessels supplies can be obtained, and as soon as may be thereafter shall be
entering in dis- required and suffered to depart: but no part of the lading of stich vessel
tress. shall be taken out or disposed of, unless by the special permit of such
collector, or to defray the unavoidable expense of such repairs or supplies.
Limitation of SEC. 4. And be it further enacted, That this act shall continue and
the act. be in force until the end of the next session of Congress, and no longer.
In therecess, SeC. 5. Provided, and be it further enacted, That if, before the next
the President session of Congress, the government of France, and all persons acting
may dissolve the by or under their authority, shall clearly disavow, and shall be found to
prohibitions of yclay
this act, of refrain from the aggressions, depredations and hostilities which have
being well as. been, and are by them encouraged and maintained against the vessels
certained of a and other property of the citizens of the United States, and against
disavowal and
cessation ofhos. their national rights and sovereignty, in violation of the faith of treaties,
tilities, &c. on and the laws of nations, and shall thereby acknowledge the just claims
the part of of the United States to be considered as in all respects neutral, and
France. unconnected in the present European war, if the same shall be con-
tinued, then and thereupon it s.Jll be lawful for the President of the
United States, being well ascertained of the premises, to remit and dis-
continue the prohibitions and restraints hereby enacted and declared;
and he shall be, and is hereby authorized to make proclamation thereof
Act not to ex- accordingly: Provided, that nothing in this act contained, shall extend
tend to vessels to any ship or vessel to which the President of the United States shall
to which the
President may grant a permission to enter or clear; which permission he is hereby
grant special authorized to grant to vessels which shall be solely employed in any
permissions, purpose of political or national intercourse, or to aid the departure of
any French persons, with their goods and effects, who shall have been
resident within the United States, when he may think it requisite.
APPUOVED, June 13, 1798.
STATUTr IT.
June iS. 1798. CHAP. LIV.- .n letsupplemnentary to and to amend the act, initiuled ".an act
ta erteblish an uniform rule of niaturalization; and to repeal the act heretofore
Ante, p. 414.
prssed on that subject."
[Repealed.]
Act of April SF.c'rioN 1. Be it enacted by the Senate and House of Representatives
14, 1802, h. 28, of the United States of America in Congress assembled, That no alien
see. .5.
sli:fllb admitted to become a citizeei of the United States, or of any
No alien may
become a citi- state. iniless in the manner prescribed by the act, intituled "An act to
zen, unless he an uniform rule of naturalization ; and to repeal the act here-
shall have de.
clared his inten.
tifor(- passed on that subject," he shall have declared his intention to
tion to become become a citizen of the United States, five years, at least, before his
such, five years admission, and shall, at the time of his application to be admitted,
before his ad- declare and prove, to the satisfaction of the court haiing jurisdiction in
mi ssion.
Ile shall de. the case, that he has resided within the United States fourteen years, at
clare and prove least, and within the state or terrilory where, or for which such court is
fourteen years
at the time held, five years, at least, besides conforming to the other

FIFTH CONGRESS. Spss. II. CH. 54. 1798.
declarations, renunciations and proofs, by the said act required, any thing residence with-
therein to the contrary hereof notwithstanding: Provided, that any in the United
States, and five
alien, who was residing within the limits, and under the jurisdiction of years in the
the United States, before the twenty-ninth day of January, one thousand state, &c. where
seven hundred and ninety-five, may, within one year after the passing he applies ; be.-
sides otherwise
of this act-and any alien who shall have made the declaration of his conforming to
intention to become a citizen of the United States, in conformity to the the former act.
provisions of the act, intituled " An act to establish an uniform rule of Provision in
favor of resi-
naturalization, and to repeal the act heretofore passed on that subject," dents before
may, within four years after having made the declaration aforesaid, be 29th Jan. 1795,
admitted to become a citizen, in the manner prescribed by the said act, and of persons
having made the
upon his making proof that he has resided five years, at least, within declaration of
the limits, and under the jurisdiction of the United States: And provided their intention
also, that no alien, who shall be a native, citizen, denizen or subject to become citi-
zens.
of any nation or state with whom the United States shall be at war, at Alien enemies
the time of his application, shall be then admitted to become a citizen cannot become
of the United Stales. citizens.
SEc. 2. And be it further enacted, That it shall be the duty of the Clerks of
clerk, or other recording officer of the court before whom a declaration courts to seal
has been, or shall be made, by any alien, of his intention to become a to the Secretary
of State ab-
citizen of the United States, to certify and transmit to the office of the stracts of the
Secretary of State of the United States, to be there filed and recorded, declarations of
an abstract of such declaration, in which, when hereafter made, shall be aliens intending
to become citi-
a suitable description of the name, age, nation, residence and occupation, zens.
for the time being, of the alien ; such certificate to be made in all cases,
where the declaration has been or shall be made, before the passing of
this act, within three months thereafter ; and in all other cases, within
two months after the declaration shall be received by the court. And Fees of the
clerks therefor.
in all cases hereafter arising, there shall be paid to the clerk, or record- Penalty on re-
ing officer as aforesaid, to defray the expense of such abstract and certi- fusing to make
ficate, a fee of two dollars; and the clerk or officer to whom such fee or certify such
abstracts.
shall be paid or tendered, who shall refuse or neglect to make and certify
an abstract, as aforesaid, shall forfeit and pay the sum of ten dollars.
SEc. 3. And be it further enacted, That in all cases of naturalization Clerks of courts
heretofore permitted or which shall be permitted, under the laws of the to send to the
Secretary of
United States, a certificate shall be made to, and filed in the office of the State certified
Secretary of State, containing a copsy of the record respecting the alien, copies of the
and the decree or order of admission by the court before whom the pro- records of natu-
ralization.
ceedings thereto have been, or shall be had: And it shall be the duty of the
clerk or other recording officer of such court, to make and transmit such
certificate, in all cases which have already occurred, within three months
after the passing of this act; and in all future cases, within two months
from and after the naturalization of an alien shall be granted by any court
competent thereto -- And in all future cases, there shall be paid to such Their fees
therefor.
clerk or recording officer the sum of two dollars, as a fee for such certifi-
cate, before the naturalization prayed for, shall be allowed. And the clerk Penalty on
wilfully ne-
or recording officer, whose duty it shall be, to make and transmit the glecting to
certificate aforesaid, who shall be convicted of a wilful neglect therein, transmit such
shall forfeit and pay the sum of ten dollars, for each and every offence. certificates.
S~eC. 4. And be it further enacted, That all white persons, aliens, All white
(accredited foreign ministers, consuls, or agents, their families and do- aliens residing
or arriving in
mestics, excepted) who, after the passing of this act, shall continue to the U. States to
reside, or who shall arrive, or come to reside in any port or place within be reported and
the territory of the United States, shall be reported, if free, and of the registered.
age of twenty-one years, by themselves, or being under the age of twenty-
one years, or holden in service, by their parent, guardian, master or
mistress in whose care they shall be, to the clerk of the district court of
the-district, if living within ten miles of the port or place, in which their
residence or arrival shall be, and otherwise, to the collector of such port

568 FIFTH CONGRESS. Szss. II. Cn. 54. 1798.
Manner of or place, or some officer or other person there, or nearest thereto, who
making the re- shall be authorized by the President of the United States, to register
port. aliens: And report, as aforesaid, shall be made in all cases of residence,
within six months from and after the passing of this act, and in all after
cases, within forty-eight hours after the first arrival or coming into the
territory of the United States, and shall ascertain the sex, place of birth,
age, nation, place of allegiance or citizenship, condition or occupation,
and place of actual or intended residence within the United States, of
the alien or aliens reported, and by whom the report is made. And it
Report to be shall be the duty of the clerk, or other officer, or person authorized, who
recorded, &c shall receive such report, to record the same in a book to be kept for
that purpose, and to grant to the person making the report, and to each
individual concerned therein, whenever required, a certificate of such
report and registry; and whenever such report and registry shall be
made to, and by any officer or person authorized, as aforesaid, other
than the clerk of the district court, it shall be the duty of such officer,
or other person, to certify and transmit, within three months thereafter,
a transcript of such registry, to the said clerk of the district court of
the district in which the same shall happen; who shall file the same in
his office, and shall enter and transcribe the same in a book to be kept
Fees for re- by him for that purpose. And the clerk, officer or other person autho-
gistering aliens. rized to register aliens, shall be entitled to receive, for each report and
registry of one individual or family of individuals, the sum of fifty cents,
and for every certificate of a report and registry the sum of fifty cents,
to be paid by the person making or requiring the same, respectively.
Certificates And the clerk of the district court, to whom a return of the registry of
thereof, how to any alien, shall have been made, as aforesaid, and the successor of such
be granted. clerk, and of any other officer or person authorized to register aliens,
Clerks of the who shall hold any former registry, shall and may grant certificates there-
district courts of, to the same effect as the original register might do. And the clerk
to make month.
Iyreturns to the of each district court shall, during one year from the passing of this act,
department of make monthly returns to the department of State, of all aliens registered
state, and returned, as aforesaid, in his office.
Penalty on SE. 5. And be it further enacted, That every alien who shall continue
or neglecting to to reside, or who shall arrive, as aforesaid, of whom a report is required
make a report, as aforesaid, who shall refuse or neglect to make such report, and to
&c. receive a certificate thereof, shall forfeit and pay the sum of two dollars;
and any justice of the peace, or other civil magistrate, who has authority
Surety of the to require surety of the peace, shall and may, on complaint to him made
peace may be thereof, cause such alien to be brought before him, there to give surety
required of of the peace and good behaviour during his residence within the United
them. States, or for such term as the justice or other magistrate shall deem
reasonable, and until a report and registry of such alien shall be made,
and a certificate thereof, received as aforesaid ; and in failure of such
surety, such alien shall and may be committed to the common gaol, and
shall be there held, until the order which the justice or magistrate shall
and may reasonably make, in the premises, shall be performed. And'
Penalty on every person, whether alien, or other, having the care of any alien or
persons having aliens, under the age of twenty-one years, or of any white alien holden
the care f in service, who shall refuse and neglect to make report thereof, as afore-
aliens refusingnelcrpothrof
or neglecting to said, shall forfeit the sum of two dollars, for each and every such minor
make report. or servant, monthly, and every month, until a report and registry, and a
Certificate of certificate thereof, shall be had, as aforesaid.
the registry of SEC. 6. And be it.further enacted, That in respect to every alien,
showrequired who shall come to reside within the United States after the passing of
aliento
commencement this act, the time of the registry of such alien shall be taken to be the
of their resi- time when the term of residence within the limits, and under the juris-
dence on appli. diction of the United States, shall have commenced, in case of an appli-
cation to he na-
turalized, cation by such alien, to he admitted a citizen of tie United States; and

FIFTH CONGRESS. SEss. II. CH. 55, 56, 57. 1798. 569
a certificate of such registry shall be required, in proof of the term of

residence, by the court to whom such application shall and may be made.
SEC. 7. And be itfirtherenacted, That all and singular the penalties Penalties how
established by this act, shall and may be recovered in the name, and to to be recovered.
the use of any person, who will inform and sue for the same, before any
judge, justice, or court, having jurisdiction in such case, and to the
amount of such penalty, respectively.
STATUTE II.
CHAP. LV.-.dn .Bct to amnend the act, intituled ".an act providing a Naval.#rma- June 22, 1798.
ment," and the act, intituled ".n act to authorize the Presidentof the United
States to cause to be purchsedor built, a number of small vessels, to be equipped [Obsolete.]
as galies or otherwise."
SEc'rloN 1. Be it enacted by the Senate and House of Representatives President may
of the United States of America in Congress assembled, That the Presi- increase the
strength of rev-
dent of the United States shall be, and he is hereby authorized, when he enue cutters.
shall think fit to increase the strength of any revenue cutter, for the pur- Ante, p. 523.
poses of defence, against hostilities near the sea coast, to employ on
board the same, at his discretion, not exceeding seventy marines and
seamed: any thing in the act, intituled "An act providing a naval arma-
ment," to the contrary hereof, notwithstanding.
SEc. 2. And be it fitrther enacted, That the President of the United President may
fix the rank, pay
States shall be, and he is hereby authorized to fix the degree of rank, and subsistence
and the rate of pay and subsistence, not exceeding what is allowed upon of the officers of
the naval establishment, which shall be granted and allowed to the small vessels
and gallies.
officers who shall be duly commissioned in the service of the United
States on board of any small vessel or galley, which shall be fitted out
under his orders, pursuant to the act, intituled "An act to authorize Ante, p. 556.
the President of the United States to cause to be purchased, or built, a
number of small vessels, to be equipped as gallies, or otherwise;" any-
thing therein to the contrary hereof, notwithstanding.
STATUTE H.
ChIAP. LVI.-.gn .Xet to extend the privilege of franking letters and packets to the June 22, 1798.
Secretary of the Navy.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That all letters and packets to
or from the Secretary of the Navy, shall be received and conveyed by Act of March
post, free of postage, under the like restrictions and limitations as are 2, 1799, ch. 43,
provided respecting letters and packets to or from the heads of the other
sec, 1
departments of the government, by the nineteenth section of the act,
entitled "An act to establish the post-office and post roads within the 1794, ch. 23.
United States."
STATUTE II.
CHAP. LVII.-Sn .Act supplementary to, and to amend he act, intiuled ".An act June 22, 179q.
authorizing the President tf the United States to raise a provisionalarmy."
[Obsolete.]
SECTION 1. Be it enacted by the Senate and Rouse of Representatives Volunteers to
of the United States of America in Congress assembled, That the com- observe the
rules tobe fixed
panies of volunteers, and the members of each company, who shall be by the President
duly engaged and accepted by the President of the United States, and for training and
organized with proper officers commissioned by him, pursuant to the disciplining
them.
third section of the act, intituled "An act authorizing the President of Ante, p. 558.
the United States to raise a provisional army," shall submit to, and
observe such rules of training and discipline, as shall be thought neces-
Vol L-..7-2 :3 r; '2

FIFTH CONGRESS. Srss. II. Cn. 58. 1798.
Exempted sary to prepare them for actual service; and which rules the President
from militia du. of the United States is hereby authorized to make and establish; and
ly. all such companies and volunteers are hereby exempted, until their dis-
charge, or during the time of their engagement, as aforesaid, from all
militia duty which is, or shall be required by the laws of the United
States, or of any state, and from every fine, penalty or disability, which
is or shall be provided to enforce the performance of any duty or service
in the militia.
President may Sec. 2. And be it further enacted, That the President of the United
appoint their States shall be, and he is hereby authorized, by and with the consent of
field officers, the Senate, or by himself in the recess of Congress, pursuant to the said
act, to appoint and commission, as soon as he shall think it expedient,
such and so many field officers as shall be necessary for the organizing
and embodying in legions, regiments or battalions, any volunteer com-
panies who shall engage, and shall be accepted, as aforesaid : and such
field officers shall have authority, accordingly, to train and discipline
such volunteer companies, pursuant to the rules therefor, which shall be
established, as afiresaid: Provided, that no officer or volunteer, who
shall be appointed, engaged or employed in any training or discipline,
as aforesaid, shall be considered as in the pay of the United States, until
called into actual service.
President may SEC. 3. And be it further enacted, That the President of the United
authorize the States may authorize the sale, at a reasonable rate, sufficient to indemnify
sate to them of
artillery, arms,the United States, to any company of volunteers who shall be accepted,
&c. as aforesaid, of such pieces of artilleri, small arms and accoutrements,
to be delivered from the public arsenals, as shall be found necessary for
or may loan the the equipment and training of such volunteers; or may loan the same
same. to them upon the receipts of their respective officers, to be accounted
for, or returned, at the expiration of their engagement, or other dis-
charge: And of such sales or loans, the necessary accounts shall be kept
in the War department, and the money accruing, by any sale, shall be
paid into the treasury.of the United States; and the same shall be, and
is hereby appropriated for the purchase of other artillery, arms and ac
coutrements, as the President of the United States shall direct.
President may SEc. 4. And be it further enacted, That the President of the United
proceed to ap- States may proceed to appoint and commission, in the manner pre-
point such ofthe
officers for the scribed by the said act, such and so many of the officers authorized
army of 10,000 thereby for the raising, organizing and commanding the provisional army
men as may be of ten thousand men, as, in his opinion, the public service shall more
more immedi.
ately requisite, immediately require; any thing which may be supposed in the said act,
to the contrary hereof, notwithstanding : Provided,that the officers who
shall be so appointed shall not be entitled to any pay, subsistence or
other emolument, by reason of such commission, until they shall be re-
spectively employed in the actual service of the United States: And
provided, that the further raising of the said army shall not be authorized
otherwise than as by the said act is provided.
STATUTE I.
June 25, 1798. CHAP. LVIII.-An Act concerning Aliens. (a)
of the United States of America in Congressassembled, That it shall be
(a) The act of July 6, 1798, having authorized the President to direct the confinement of alien enemies,
necessarily conferred all the means for enforcing such orders as he might give in relation to the execution
of those powers. Lockington u. Smith, 1 Peters's C. C. R. 466,
The marshals of the several districts are the proper officers to execute the orders of the President under
the act. Ibid.
After the President had established such regulations as he deemed necessary in relation to alien ene-
mies, it was not necessary to call in the aid of the judicial authority, on all occasions, to enforce them;
and the marshal may act without such authority. Ibid.

FIFTH CONGRESS. SEss. I. C. 58. 1798. 571
lawful for the President of the United States at any time during the con- President may
tinuance of this act, to order all such aliens as he shall judge dangerous order certain
to the peace and safety of the United States, or shall have reasonable aliens to depart.
grounds to suspect are concerned in any treasonable or secret machina-
tions against the government thereof, to depart out of the territory of
the United States, within such time as shall be expressed in such order,
which order shall be served on such alien by delivering him a copy Manner of
thereof, or leaving the same at his usual abode, and returned to the office serving the or-
of the Secretary of State, by the marshal or other person to whom the der.
same shall be directed. And in case any alien, so ordered to depart, Penalty upon
shall be found at large within the United States after the time limited in an alien being
such order for his departure, and not having obtained a license from the thereafter found
President to reside therein, or having obtained such license shall not have at large.
conformed thereto, every such alien shall, on conviction thereof, be im-
prisoned for a term not exceeding three years, and shall never after be
admitted to become a citizen of the United States. Provided always,
and be it further enacted, that if any alien so ordered to depart shall If an alien or.
prove to the satisfaction of the President, by evidence to be taken before dered to depart
such person or persons as the President shall direct, who are for that shall make cer-
tain proof, he
purpose hereby authorized to administer oaths, that no injury or danger may receive a
to the United States will arise from suffering such alien to reside therein, license to re-
the President may grant a license to such alien to remain within the main.
United States'for such time as he shall judge proper, and at such place
as he may designate. And the President may also require of such alien President may
to enter into a bond to the United States, in such penal sum as he may require security
direct, with one or more sufficient sureties to the satisfaction of the per- from such alien.
son authorized by the President to take the same, conditioned for the
good behavior of such alien during his residence in the United States,
and not violating his license, which license the President may revoke,
whenever he shall think proper.
SEC. 2. And be it further enacted, That it shall le lawful for the The President
President of the United States, whenever he may deem it necessary for may order cer-
the public safety, to order to be removed out of the territory thereof, any tairn aliensout
re oved to he
of
alien who may or shall be in prison in pursuance of this act; and to the'U. States.
cause to be arrested and sent out of the United States such of those
aliens as shall have been ordered to depart therefrom and shall not have
obtained a license as aforesaid, in all cases where, in the opinion of the
President, the public safety requires a speedy removal. And if any alien Penalty on
so removed or sent out of the United States by the President shall volun- their returning.
tarily return thereto, unless by permission of the President of the United
States, such alien on conviction thereof, shall be imprisoned so long as,
in the opinion of the President, the public safety may require.
SEc. 3. And be it further enacted, That every master or commander Masters ofves.
of any ship or vessel which shall come into any port of the United States sels to make re-
after the first day of July next, shall immediately on his arrival make port concerning
report in writing to the collector or other chief officer of the customs cers of the cus-
of such port, of all aliens, if ary, on board his vessel, specifying their tos.
names, age, the place of nativity, the country from which they shall have
come, the nation to which they belong and owe allegiance, their occu-
pation and a description of their persons, as far as he shall be informed
thereof, and on failure, every such master and commander shall forfeit Penilty on
and pay three hundred dollars, for the payment whereof on default of failure to'd,, so.
such master or commander, such vessel shall also be holden, and may by" c,,stoms Officers toof the
such collector or other officerorofthe
the duty of such collector other customs be detained.
officer of And
the customs, it shall be
forthwith to transmit cnies
of the returns.
By the provisions of the law, it was designed to make the judiciary auxiliary to the executive, in effect-
ing its great objects; and each department was to act independently of the other, except that thq former
was to make the ordinances of the latter, the rule of its decisions. "bid.

Circuit and transmit to the office of the department of state true copies of all such
district courts returns.
to have juris.
diction. SEC. 4. And be it further enacted, That the circuit and district
of all
Marshals, &c. courts of the United States, shall respectively have cognizance
to execute or- crimes and offences against this act. And all marshals and other officers
ders of the Pre- of the United States are required to execute all precepts and orders of
sident. the President of the United States issued in pursuance or by virtue of
this act.
Aliens order. SEC. 5. And be it further enacted, That it shall be lawful for any
ed to be re- alien who may be ordered to be removed from the United States, by virtue
moved may dis- of th
pose of their is act, to take with him such part of his goods, chattels, or other
property- property, as he may find convenient; and all property left in the United
States by any alien, who may be removed, as aforesaid, shall be, and re-
main subject to his order and disposal, in the same manner as if this act
had not been passed.
Limitation of SEC. 6. And be it further enacted, That this act shall continue and
lhe act. be in force for and during the term of two years from the passing
thereof.
STATUTE II.
CHAP. LX.-An/ct to authorize the defence of the Merchant Vessels of the United
June 25, 1798. States. against French depredations.
Merchant ves. of the United States of America in Congress assembled, That the com-
sels may op- mander and crew of any merchant vessel of the United States, owned
pose searches,
&c. attempted wholly by a citizen or citizens thereof, may oppose and defend against
by the French, any search, restraint or seizure, which shall be attempted upon such ves-
Ante, p. 561, sel, or upon any other vessel, owned, as aforesaid, by the commander or
565.
Post, p.'578. crew of any armed vessel sailing under French colours, or acting, or
pretending to act, by, or under the authority of the French republic;
and may repel by force any assault or hostility which shall be made or
repel assaults, committed, on the part of such French, or pretended French vessel,
capture the ag-
gressors, and pursuing such attempt, and may subdue and capture the same; and may
make recap. also retake any vessel owned, as aforesaid, which may have been cap-
tures. tured by any vessel sailing under French colours, or acting, or pretending
to act, by or under authority from the French republic.
SEC. 2. And be it further enacted, That whenever the commander
Captured ves- and crew of any merchant vessel of the United States shall subdue and
sels may be con- capture any French, or pretended French armed vessel, from which an
demned, sold
and distributed. assault or other hostility shall be first made, as aforesaid, such armed
vessel with her tackle, appurtenances, ammunition and lading, shall
accrue, the one half to the owner or owners of such merchant vessel of
the United States, and the other half to the captors: And being brought
into any port of the United States, shall and may be adjudged and con-
demned to their use, after due process and trial, in any court of the
United States, having admiralty jurisdiction, and which shall be holden
for the district into which such captured vessel shall be brought; and
the same court shall thereupon order a sale and distribution thereof,
accordingly, and at their discretion; saving any agreement, which shall
be between the owner or owners, and the commander and crew of such
Recaptured merchant vessel. In all cases of recapture of vessels belonging to citi-
American ves- zens of the United States, by any armed merchant vessel, aforesaid, the
sels to be re-
stored on pay- said vessels, with their cargoes, shall be adjudged to be restored, and
ing salvage. shall, by decree of such courts as have jurisdiction, in the premises, be
restored to the former owner or owners, he or they paying for salvage,
not less than one eighth, nor more than one half of the true value of the
said vessels and cargoes, at the discretion of the court; which payments
shall be made without any deduction whatsoever.

FIFTH CONGRESS. SEss. II. CH. 61. 179S
SEc. 3. And be it further enacted, That after notice of this act, at Security tobe
the several custom-houses, no armed merchant vessel of the United given previous
States shall receive a clearance or permit, or shall be suffered to depart of the
to clearing
armed mer.
therefrom, unless the owner or owners, and the master or commander chantvessels.
of such vessel for the intended voyage, shall give bond, to the use of the
United States, in a sum equal to double the value of such vessel, with
condition, that such vessel shall not make or commit any depredation,
outrage, unlawful assault, or unprovoked violence upon the high seas,
against the vessel of any nation in amity with the United States; and
that the guns, arms and ammunition of such vessel shall be returned
within the United States, or otherwise accounted for, and shall not be
sold or disposed of in any foreign port or place; and that such owner or
owners, and the commander and crew of such merchant vessel, shall, in
all things, observe and perform such further instructions in the premises,
as the President of the United States shall establish and order, for the
better government of the armed merchant vessels of the United States.
SEc. 4. And be it further enacted, That the President of the United The President
States shall be, and he is hereby authorized to establish and order suita- shall establish
ble instructions to, and for, the armed merchant vessels of the United instructions for
the government
States, for the better governing and restraining the commanders and of armed ner-
crews who shall be employed therein, and to prevent any outrage, cruelty chant vessels.
or injury which they may be disposed to commit; a copy of which
instructions shall be delivered by the collector of the customs to the
commander of such vessel, when he shall give bond, as aforesaid. And
it shall be the duty of the owner or owners, and commander and crew, Report to be
for the time being, of such armed merchant vessel of the United States, madetn the col-
at each return to any port of the United States, to make report to the lector into their
return on the
collector thereof of any rencounter which shall have happened with any United States.
foreign vessel, and of the state of the company and crew of any vessel
which they shall have subdued or captured; and the persons of such
crew or company shall be delivered to the care of such collector, who, Disposal of
with the aid of the marshal of the same district, or the nearest military prisoners.
officer of the United States, or of the civil or military offrcers of any
state, shall take suitable care for the restraint, preservation and comfort
of such persons, at the expense of the United States, until the pleasure
of the President of the United States shall be known concerning them.
SEC. 5. And be it further enacted, That this act shall continue and Limitation of
be in force for the term of one year, and until the end of the next ses- the act.
sion of Congress thereafter. 1800, ch. 27.
SEC. 6. Provided, and be it further enacted, That whenever the go- The President
vernment of France, and all persons acting by, or under their authority, may instructthe
shall disavow, and shall cause the commanders and crews of all armed armed merchant
French vessels to refrain" from the lawless depredations and outrages vessels to sub-
mit to searches,
hitherto encouraged and authorized by that government against the &,. when
merchant vessel [s] of the United States, and shall cause the laws of French armed
nations to be observed by the said armed French vessels, the President vessels shall ob-
serve the law of
of the United States shall be, and he is hereby atthorized to instruct nations, &c.
the commanders and crews of the merchant vessels of the United States
to submit to any regular search by the commanders or crews of French
vessels, and to refrain from any force or capture to be exercised by vir-
tue hereof.
STATUTE II.
CSAP. LXI.-Aqn dAct to punish frauds committed on the Bank of the United June 27,1798.
States. 1807, ch. 20.
Be it enacted by the Senate and House of Representatives of the Penalty on

United States of America in Congress assembled, That if any persnn forging or utter-
ing counterfeit
shall falsely make, alter, forge or counterfeit, or cause or procure to be bills, notes, or-

ders or checks, falsely made, altered, forged or counterfeited, or willingly aid or assist
by or upon the in falsely making, altering, forging or counterfeiting any bill or note
hankte issued by order of the president, directors and company of the Bank of
States, sudb peiet
the United States, and signed by the president, and countersigned by the
cashier thereof, or any order or check on the said cashier or corpora-
tion, for the payment of money, with intention to defraud the said cor-
poration, or any other body politic or person, or shall utter or publish,
as true, any f lse, altered, forged or counterfeited bill or note issued by
order of the president, directors and company of the Bank of the United
States, and signed by the president, and countersigned by the cashier
thereof, or any order or check on the said cashier or corporation, for the
payment of money, with intention to defraud the said corporation, or
any other body politic or person, knowing the same to be falsely altered,
forged or counterfeited, every such person shall be deemed and adjudged
guilty of felony, and being thereof convicted, according to the due
course of law, shall be sentenced to be imprisoned and kept at hard
labour for a period not less than three years, nor more than ten years,
or shall be imprisoned not exceeding ten years, and fined not exceeding
five thousand dollars: Provided, that nothing herein contained shall
be construed to deprive the courts of the individual states of a jurisdic-
tion under the laws of the several states over the offences declared pun-
ishable by this act.
STATUTE 11.
CHAP. LXII.-.In qlct uin addition to the act more effectually to protect the
June 28, 1798. Commerce and Coasts of tlhe United Stales.
[Obsolete.]
CapturedY SECTION 1. Be it enacted by the Senate and House of Representatives
armed vessels of the United States of America in Congress assembled, That all such
and goods m.y armed vessels as may be seized, taken and brought into any port of the'
be condemned United States, in pursuance of the act, entitled "An act more effect-
in the district
courts ually to protect the commerce and coasts of the United States," with the
Ante, p. 561. apparel, guns and appurtenances of such vessels, and the goods and
Post, p. 578. effects, which shall be found on board the same, shall be liable to for-
Forfeiture not feiture and condemnation,,and may be libelled and proceeded against in
orete to the district courts of the United States, for the district into which the
captured prop- same may be brought. .Provided,that such forfeiture shall not extend
erty of citizens to any goods or effects, the property of any citizen or person resident
or residents in within the United States, and which shall have been before taken by the
the U3. States.
crew of such captured vessel.
Recaptured SEC. 2. And be it further enacted,That whenever any vessel the pro.
property of cit- perty of, or employed by any citizen of the United States, or person
izens and resi- resident therein, or any goods or effects belonging to any such citizen
dents to be re- or resident shall be re-captured by any public armed vessel of the United
stored, paying
salvage. States, the same shall be restored to the former owner or owners, upon
due proof, he or they paying and allowing, as and for salvage to the re.
captors, one eighth part of the value of such vessel, goods and effects,
free of all deductions and expenses.
Disti ibution SEC. 3. And be it further enacted, That whenever any armed vessel,
of prizes, captured and condemned, as aforesaid, shall have been of superior or
equal force to the public armed vessel of the United States by which such
capture shall have been made, the forfeiture shall be and accrue wholly to
Salvagetob- the captors: and in other cases, one half thereof shall be to the use of
long wholly to the United States, and the residue to the captors. And all salvage
the otticers and which shall be allowed and recovered upon any vessel, goods or effects
re-captured, and to be restored, as aforesaid, shall belong wholly to the
Court con- officers and crew of the public armed vessel of the United States by
demning may which such re-capture shall be made: and the court before whom any
order&e.
a sale, condemnation shall be had, as aforesaid, shall and may order the sal'e of

FIFTH CONGRESS. S~ss. IL Cn. 63, 64. 1798. 575
the vessel, goods and effects condemned, to be made at public auction,

upon due notice by the marshal of the district in which the same shall
be: and all expenses of condemnation and sale, being deducted from the
proceeds, the part thereof which shall accrue to the United States, shall
be paid into the public treasury, and the residue, and all allowances of
salvage, as aforesaid, shall be distributed to, and among the officers and
crews concerned therein, in the proportions which the President of the
United States shall direct.
SEC. 4. And be it further enacted, That it shall be lawful for the Officers and
President of the United States, to cause the officers and crews of the crews CC'cap-
and hostile
vessels so captured vessel so persons found on board any vessel, which tured
&. to vessels,
be con-
shall be re-captured, as aforesaid, to be confined in any place of safety fined.
within the United States, in such manner as he may think the public
interest may require, and all marshals and other officers of the United
States are hereby required to execute such orders as the President may
issue for the said purpose.
STATUTE 11.
CHAP. LXIII.-An A t making an appiopriationfor the expenses incident to the June 2S, 179.
new Regiment rf Artillerists and Engineers, during the year one thousandseven
hundred and ninety-eight.
United States of America in Congress assembled, That the sum of eighty-
eight thousand dollars be, and the same hereby is appropriated for the
pay, subsistence, clothing, forage, bounties, quartermaster's supplies, and
all contingent expenses, during the year one'thousand seven hundred
and ninety-eight, of the regiment of artillerists and engineers to be
raised for the service of the United States, pursuant to an act, intituled 1798, ch. 33.
"An act to provide an additional regiment of artillerists and engineers:"
The said sum of eighty-eight thousand dollars to be paid out of any
unappropriated money in the treasury of the United States.
STATUTE It.
CHAP. LXIV.-4n Act supplementary to the act intituled "An act to provide an June 30,1798.
additional.drmamentfor the further protectionof the trade of the United States,
and for other purposes." Ante, p. 552.
~[Obsolete.]
SECTION 1. Be it enacted by the Senate and House of Representatives The President
of the United States of America in Congress assembled, That the Presi- may accept yes.
dent of the United States shall be, and he is hereby authorized to accept,' sels offered on
the credit ofthe
in behalf of the United States, of the proposals of any persons who shall u. States;
offer and undertake to complete, provide and deliver, to the use, and whereupon he
upon the credit of the United States, on terms, in his opinion, advan- may cause evi.
deuce of the
tageous or convenient, any vessel or vessels, now building, or to be built debt or obliga-
within the United States, of a model and size which he shall approve- tio tobe given
and armed and equipped, or suitable to be armed for the public service: therefor.-
and upon the delivery of the vessel or vessels, according to such propo-
sals, or to the acceptance of the President of the United States, he may Limitation to
cause proper certificates, or other evidence--of the debt or obligation of twelve vessels.
the United States incurred thereby; to be made and given at the trea-
sury department, and which shall be there registered, to the use and -
benefit of the persons concerned: Provided,that not more than twelve No more than
vessels, in addition to those already authorized, shall and may be pro- sixbe per cent, on
allowed to
cured, by virtue hereof: And provided, that not more than six per cent. credits.
per annum, shall be allowed for any credit which shall be given under
this act. And all certificates of debt shall be redeemable at the will of
Congress.

FIFTH CONGRESS. SEss. TI. Cn. 65. 1798.
Rates of the SEc. 2. And be it further enacted, That the vessels authorized by
ships of war to the act, intituled "An act to provide an additional armament for the
be procured or
accepted, further protection of the trade of the United States, and for other
Ante, p. 552. purposes," and those which shall be authorized by this act, shall be pro-
cured and accepted according to the following rates, fis nearly as may
be; that is to say-six of them not exceeding eighteen guns each, and
twelve of them not less than twenty, or exceeding twenty-four guns
each, and six not less than thirty-two guns each; and the guns for each
vessel, to be of such caliber and weight of metal, as the President of
the United States shall approve; any thing in the said former act, to
the contrary hereof, notwithstanding.
The President Sac. 3. And be it further enacted, That the President of the United
may accept of States may, at his discretion, accept of any vessel armed and equipped,
vessels given to
the use of the or suitable to be armed, of a model, size and force proper for the public
U. States. service, which any state, body politic or corporate, citizen or citizens
of the United States, shall voluntarily offer and give, for the use of the
United States, to increase the naval armament.
may regulate States shall be, and he is hereby authorized to determine and direct,
the rank, pay,
&c. of officers,
according to the rate of each vessel which shall be furnished or accepted
and number of in pursuance of this act, the rank, pay, and subsistence of the commis-
men to be em- sioned and warrant officers, who shall be appointed thereto; and the
ployed, &c.
number of men to be engaged, and the pay to be allowed, them, not
exceeding the proportionable grades and allowances which are or shall
be authorized by law, for the navy of the United States. And all offi-
cers of the said navy, according to their respective ranks, shall be
appointed in the manner prescribed by the act, intituled "An act to
1794, ch. 12.
provide a naval armament."
may vary the States may, at his discretion, increase or vary the quotas of seamen,
quotas of sea. landsmen and marines, to be employed on board the frigates, and may
uen, landsmen,
&c. permit a proportion of boys for them, and the other vessels of the navy
of the United States, according to the exigencies of the public service.
STATUTe II.
July 6, 1798. CHAP. LXV.-qn .At providing Xrms for the Militia throughout the United
States.
30,000 stand SecTION 1. Be it enacted by the Senate and House of Representatives
of arms to be
provided, and of the United States of America in Congress assembled, That there
sold to the stateshall be provided, at the charge and expense of the government of the
governments, United States, thirty thousand stand of arms, which shall be deposited
and
Act of April by order of the President of the United States, at suitable places; for
23, 1808, ch. 55.the purpose of being sold to the governments of the respective States, or
the militia thereof, under such regulations, and at such prices as the
President of the United States shall prescribe.
those remaining SEC. 2. And be it further enacted, That the President of the United
unsold may be States be, and he is hereby authorized to cause all or any part of the
delivered to the
militia, when arms herein directed to be provided and deposited for sale, which shall,
called into ser- at any time, remain unsold, to be delivered to the militia, when called
vice. into the service of the United States, proper receipts and security being
given for the return of the same.
Amount of SEc. 3. And be it further enacted, That the monies arising from
sales to be paid such sales shall be paid into the treasury of the United States, and the
into the Treas- amount received shall be annually reported to Congress.
ury.
- SEC. 4. And be it further enacted, That for the purpose of carrying
Appropriation.
this act into effect, the President of the United States shall be, and he
is hereby authorized to draw from the treasury of the United States, a

FIFTH CONGRESS. SEss. II. Cm. 66. 1798.
sum not exceeding four hundred thousand dollars, to be paid out of any
money in the treasury not otherwise appropriated.
STATUTE II.
CHAP. LXVI.-#n ./2ct respecting ,llien Enemies.(a) July 6,1798.

SEcTroN 1. Be it enacted by the Senate and House of Representatives [Expired.]
of the United States of America in Congress assembled, That whenever In case of
there shall be a declared war between the United States and any foreign war, or actual
threatened in.
nation or government, or any invasion or predatory incursion shall be vasion, the Pre-
perpetrated, attempted, or threatened against the territory of the United sident shall
States, by any foreign nation or government, and the President of the make a procla-
United States shall make public proclamation of the event, all natives, mation.
citizens, denizens, or subjects of the hostile nation or government, Act. of July
being males of the age of fourteen years and upwards, who shall be 6,1812, ch. 130.
within the United States, and not actually naturalized, shall be liable
to be apprehended, restrained, secured and removed, as alien enemies.
And the President of the United States shall be, and he is hereby Alien enemies
authorized, in any event, as aforesaid, by his proclamation thereof, or how to be treat-
other public act, to direct the conduct to be observed, on the part of ed.
the United States, towards the aliens who shall become liable, as afore-
said; the manner and degree of the restraint to which they shall be
subject, and in what cases, and upon what security their residence shall
be permitted, and to provide for the removal of those, who, not being Ifnotcharge-
permitted to reside within the United States, shall refuse or neglect to able with crimes
depart therefrom; and to establish any other regulations which shill be against the pub-
lic dafety, time
found necessary in the premises and for the public safety: Provided, shall be allowed
that aliens resident within the United States, who shall become liable for their depart-
as enemies, in the manner aforesaid, and who shall not be chargeable ore.
with actual hostility, or other crime against the public safety, shall be
allowed, for the recovery, disposal, and removal of their goods and effects,
and for their departure, the full time which is, or shall be stipulated by
any treaty, where any shall have been between the United States, and
the hostile nation or government, of which they shall be natives, citizens,
denizens or subjects: and where no such treaty shall have existed, the
President of the United States may ascertain -and declare such reason-
able time as may' be consistent with the public safety, and according to
the dictates of humanity and national hospitality.
.Szc. 2. And be it further enacted, That after any proclamation shall All courts of
be made as aforesaid, it shall be the duty of the several courts of the criminal juris-
diction-and
United States, and of each state, having criminal jurisdiction, and of also the judges
the several judges and justices of the courts of the United States, and of the courts of
they shall be, and are hereby respectively, authorized upon complaint, the receive
may U. States
and
against any alien or alien enemies, as aforesaid, who shall he resident hear complaints
and at large within such jurisdiction or district, to the danger of the against alien
public peace or safety, and contrary to the tenor or intent of such pro- enemies, and
make an order
clamation, or other regulations which the President of the United States thereon.
shall and may establish in the premises, to cause such alien or aliens to
be duly apprehended and convened before such court, judge or justice;
and after a full examination and hearing on such complaint, and suffi-
(a) Alien enemy. The fact that the commander of a private armed vessel was an alien enemy at the
time of the capture, does not invalidate such capture. The Mary and Susan, I Wheat. 46; 3 Cond. Rep.
480.
Admitting it to have any operation, all that could result from it would be.the condemnation of his in-
terest to the government, as a droit of the admiralty; but his national character can in no case affect the
rights of the owners and crew of the privateer. Ibid.
An alien enemy cannot be permitted to make the declaratibn required by law, preparatory to the natu-
ralization of aliens. Ex parte Newman, 2 Gallis. C. C. R. 11.
An alien enemy cannot sustain a suit in a prize court, nor can a citizen claim the property of an alien
enemy in a prze court, upon an allegedsale since the war. The Emulous, I Gallis. C. C. R. 563.
VoL. I.--73 3 C

578 FIFTI CONGRESS. SEss. I. CH. 67, 68. 1798.
cient cause therefor appearing, shall and may order such alien or aliens
to be removed out of the territory of the United States, or to give sure-
ties of their good behaviour, or to be otherwise restrained, conformably
to the proclamation or regulations which shall and may be established
as aforesaid, and may imprison, or otherwise secure such alien or aliens,
until the order which shall and may be made, as aforesaid, shall be per-
formed.
Marshals of SEC. 3. And be it further enacted, That it shall be the duty of the
the district to marshal of the district in which any alien enemy shall be apprehended,
provide for their w
removal, for ho by the President of the United States, or by order of any court,
which he shall judge or justice, as aforesaid, shall be required to depart, and to be re-
have a warrant, moved, as aforesaid, tb provide therefor, and to execute such order, by
himself or his deputy, or other discreet person or persons to be employed
by him, by causing a removal of such alien out of the territory of the
United States; and for such removal the marshal shall have the warrant
of the President of the United States, or of the court, judge or julstice
ordering the same, as the case may be.
STATUTE II.
July 7, 1798. CHAP. LXVII.-3ndet to declare the treaties heretofore concluded with France, no
longer obligatory on the United States,
WHEREAS the treaties concluded between the United States and
Ante, p. 561, France have been repeatedly violated on the part of the French govern-
565, b78. ment; and the just claims of the United States for reparation of the
injuries so committed have been refused, and their attempts to nego-
tiate an amicable adjustment of all complaints between the two nations,
have been repelled with indignity: And whereas, under authority of the
French government, there is yet pursued against the United States, a
system of predatory violence, infracting the said treaties, and hostile to
the rights of a free and independent nation:
' Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the United States
are of right freed and exonerated from the stipulations of the treaties,
and of the consular convention, heretofore concluded between the United
States and France; and that the same shall not henceforth be regarded
as legally obligatory on the government or citizens of the United States.
STATUTE II.
July 9, 1798. CHAP. LXVIII.-an .let further to protect the Commerce of the United States. (a)
CExpired.] SECTON 1. Be it enacted by the Senate and House of Representatives
The President of the United States of America in Congress assembled, That the Pre-
may instruct the sident of the United States shall be, and he is hereby authorized to in-
commanders of
public armed struct the commanders of the public armed vessels which are, or which
vessels to cap. shall be employed in the service of the United States, to subdue, seize
ture any French and take any armed French vessel, which shall be found within the juris-
armed vessels.
Ante, p. 561, dictional limits of the United States, or elsewhere, on the high seas, and
565. such captured vessel, with her apparel, guns and appurtenances, and the
goods or effects which shall be found on board the same, being French
They shall be property, shall be brought within some port of the United States, and
condemned and hall be duly proceeded against and condemned as forfeited; and shall
distributed. .accrue and be distributed, as by law is or shall be provided respecting
(a) The commander of an armed vessel of the United States, has a right to stop vessels on the high
seas, for examination. Maley v. Shattuck, 3 Cranch, 458; 1 Cond. Rep. 597.
The right of capture is entirely derived from the law ; it is a limited right which is subject to all the
restraints which the legislature has imposed, and is to be exercised in the manner its wisdom has pre-
scribed. The Thomas Gibbons, 8 Cranch 421 ; 3 Cond. Rep. 193.

FIFTH CONGRESS. SESS. II. C1. 68. 1798.
the captures which shall be made by the public armed vessels of the
Unitetl States.
SEC. 2. And bc it further enacted, That the President of the United The President
States shall be, and he is hereby authorized to grant to the owners ofI may granttocom.
missions pri-
private armed ships and vessels of the United States, who shall make rate armed es.
application therefor, special commissions in the form which he shall sels, which shall
direct, and under the seal of the United States; and such private armed have the tosame
authority
vessels, when duly commissioned, as aforesaid, shall have the same license capture, as pub-
and authority for the subduing, seizing and capturing any armed French lic armed yes-
vessel, and for the recapture of the vessels, goods and effects of the peo- sels.
They shall be
pie of the United States, as the public armed vessels of the United States subject to in-
may by law have; and shall be, in like manner, subject to such instruc- structions of the
tions as shall be ordered by the President of the United States, for the President.
regulation of their conduct. And the commissions which shall be
granied, as aforesaid, shall be revocable at the pleasure of the President
SEC. 3. Provided, and be it further enacted, That every person in- Applicants for
tending to set forth and employ an armed vessel, and applying for a com- commissions
deliver aL writ-to
mission, as aforesaid, shall produce in writing the name, and a suitable ten description.
description of the tonnage and force of the vessel, and the name and
place of residence of each owner concerned therein, the number of the
crew and the name of the commander, and the two officers next in rank,
appointed for such vessel; which writing shall be signed by the person or
persons making such application, and filed with the Secretary of State,
or shall be delivered to any other officer or person who shall be em-
ployed to deliver out such commissions, to be by him trans'mitted to the
Secretary of State.
SEC. 4. And provided, and be it further enacted, That before any They shall give
commission, as aforesaid, shall be issued, the owner or owners of the security.
ship or vessel for which the same shall be requested, and the commander
thereof, for the time being, shall give bond to the United States, with at
least two responsible sureties, not interested in such vessel, in the penal
sum of seven thousand dollars; or if such vessel be provided with more
than one hundred and fifty men, then in the penal sum of fourteen thou-
sand dollars; with condition that the owners, and officers, and crews
who shall be employed on board of such commissioned vessel, shall and
will observe the treaties and laws of the United States, and the instruc-
tions which shall be given them for the regulation of their conduct:
And will satisfy all damages and injuries which shall be done or com-
mitted contrary to the tenor thereof, by such vessel, during her commis-
sion, and to deliver up the same when- revoked by the President of the
United States.
SEC. 5. And be it.further enacted, That all armed French vessels, French ships
together with their apparel, guns and appurtenances, and any goods or tured and goods cap-
by private
effects which shall be found on board the same, being French property, armed vessels,
and which shall be captured by any private armed vessel or vessels of to be condemn-
the United States, duly commissioned, as aforesaid, shall be forfeited, ed and distribu-
and shall accrue to the owners thereof, and the officers and crews by ted.
whom such captures shall be made; and on due condemnation had,
shall be distributed according to any agreement which shall be between
them; or in failure of such agreement, then by the discretion of the court
before whom such condemnation shall be.
SEC. 6. And be it further enacted, That all vessels, goods and effects, American
the property of any citizen of the United States, or person resident there- property recap.
tured, to be re-
in, which shaU be recaptured, as aforesaid, shall be restored to the law- stored on the
ful owners, upon-payment by them, respectively, of a just and reasonable payment or sal-
salvage, to be determined by the mutual agreement of the parties con- cage.
cerned, or by the decree of any court of the United States having mari-
time jurisdiction according to the nature of each case: Provided,

FIFTH CONGRESS. SESS. 11. CH. 69, 70. 1798.
that such allowance shall not be less than one eighth, or exceeding one
half of the full value of such recapture, without any deduction. And
Distribution such salvage shall be distributed to and among the owners, officers and
ofsalvage, crews of the private armed vessel or vessels entitled thereto, according
to any agreement which shall be between them; or in case of no agree-
ment, then by the decree of the court who shall determine upon such
salvage.
Captured yes. SEC. 7. And be it further enacted, That before breaking bulk of any
sels to bein and
brought vessel which shall be captured, as aforesaid, or other disposal or conver-
adjudicated. sion thereof, or of any articles which shall be found on board the same,
such capture shall be brought into some port of the United States, and
shall be libelled and proceeded against before the district court of the
same district; and if after a due course of proceedings, such capture
shall be decreed as forfeited in the district court, or in the circuit court
of the same district, in the case of any appeal duly allowed, the same
shall be delivered to the owners and captors concerned therein, or shall
be publicly sold by the marshal of the same court, as shall be finally
decreed and ordered by the court. And the same court, who shall have
final jurisdiction of any libel or complaint of any capture, as aforesaid,
shall and may decree restitution, in whole or in part, when the capture
and restraint shall have been made without just cause, as aforesaid;
and if made without probable cause, or otherwise unreasonably, may
order and decree damages and costs to the party injured, and for which
the owners, officers and crews of the private armed vessel or vessels by
which such unjust capture shall have been made, and also such vessel or
vessels shall be answerable and liable.
Prisoners to SEC. S. And be it further enacted,That all French persons and others,
be reported to who shall be found acting on board any French armed vessel, which
the Collector shall be captured, or on board of any vessel of the United States, which
and delivered to
the Marshal, shall be recaptured, as aforesaid, shall be reported to the collector of the
&c. port in which they shall first arrive, and shall be delivered to the custody
of the marshal, or of some civil or military officer of the United States,
or of any state in or near such port; who shall take charge for their
safe keeping and support, at the expense of the United States.
STATUTE I.
July 9, 1798. CHAP. LXIX.---n .Set limiting the time, within which claims against the
United States, for credits on the books of the Treasury, may be presented for
[Obsolete.] allowance.
Be it enactedby the Senate and House of Representatives of the United
States of America in Congress assembled, That all credits on the books
of the treasury of the United States, for transactions during the late
war, which, according to the course of the treasury, have hitherto been
discharged by issuing certificates of registered debt, shall be forever
barred and precluded from settlement or allowance, unless claimed by
the proper creditors, or their legal representatives on or before the first
day of March, in the year one thousand seven hundred and ninety-nine.
And the Secretary of the Treasury is hereby required to cause this act
to be published in one or more of the public papers of each state.
STATUTE II,
July 9, 1798. CHAP. LXX.-.n .Act to provide for the valuation of Lands and Dwelling-
Houses, and the enumeration of Slaves within the United States.(a)
[Obsolete.] SECTION 1. Be it enacted by the Senate and House qf Representatives
1813, ch. 37. of the United States of America in Congress assembled, That for the
(a) The acts of Congress relating to the assessment of lands, &c.,' and slaves, for direct taxes, have
been: An act to provide for the valuation of lands and dwelling.houses, and the enumeration of slaves

purpose of making the valuations and enumerations herein after directed, Divisions de.
there shall be, and are hereby designated and established, the following signated in-
divisions, to wit:
The state of New Hampshire shall contain five divisions, as follow: New Hamp-
The first division to consist of the county of Rockingham; the second shire
division to consist of the county of Straford; the third division to con-
sist of the county of Hilisborough; the fourth division to consist of the
county of Cheshire; and the fifth division to consist of the county of
Grafton.
The state of Massachusetts shall contain nine divisions, as follow: Massachusetts,
The first division to consist of the counties of Hancock, Washington
and Lincoln; the second division to consist of the counties of York and
Cumberland; the third division to consist of the county of Essex; the
fourth division to consist of the counties of Suffolk and Norfolk; the
fifth division to consist of the county of Middlesex; the sixth division to
consist of the counties of Bristol, Plymouth, Barnstable, Duke's county
and Nantucket; the seventh division to consist of the county of Wor-
cester; the eighth division to consist of the county of Hampshire; and
the ninth division to consist of the county of Berkshire.
The state of Rhode Island shall contain three divisions, as follow: Rhode Island,
The first division to consist of the counties of Newport and Bristol; the
second division to consist of the counties of Washington and Kent;
and the third division to consist of the county of Providence.
The state of Connecticut shall contain five divisions, as follow: The Connecticut,
first division to consist of the counties of Hartford and Tolland; the
second division to consist of the counties of New Haven and Middlesex;
the third division to consist of the counties of New London and Wind-
ham, the fourth division to consist of the county of Fairfield; and the
fifth divisipn to consist of the county of Litchfield.
The state of Vermont shall contain five divisions, as follow The Vermont,
first division to consist of the counties of Windham and Wind ; the
second division to consist of the counties of Bennington and Rutland;
the third division to consist of the counties of Orange and Caledonia;
the fourth division to consist of the counties of Addison and Chittenden;
and the fifth division to consist of the counties of Franklin, Orleans and
Essex.
The state of New York shall contain nine divisions, as follow: The New York,
first division to consist of the counties of Suffolk, Queen's, King's and
Richmond; the second division to consist of the city and county of
within the United States, July 9, 1798, chap. 70 ; an act to amend the act entitled, "An act to provide
for the valuation of lands and dwelling-houses, and for enumeration of slaves within the United States,"
February 28, 1799, chap. 20 ; an act supplementary to the act entitled, "An act to provide for the valua-
tion of lands and dwelling-houses, and the enumeration of slaves within the United States," January 2,
1800, chap. 3 ; an act to provide for equalizing the valuations of unseated lands, May 10, 1800, chap. 53;
an act to enlarge the powers of surveyors of the revenue, May 13, 1800, chap. 60; an act to provide for
completing the valuation of lands and dwelling-houses, and the enumeration of slaves in South Carolina,
and for other purposes, January 30, 1805, chap. 11 ; an act for the assessment and collection of direct
taxes, and internal duties, July 22, 1813, chap. 16; an act to provide additional revenues for defraying
the expenses of government, and maintaining the public credit, by laying a direct tax upon the United
States, and to provide for assessing and collecting the same, January 9, 1815, chap. 21 ; an act to fixthe
compensation, and to increase the responsibility of the collectors of the direct tax and internal duties,
and for other purposes connected with the collection thereof, March 3,-1815, chap. 100; an act to amend
the act entitled, "An act to provide additional revenues for the expenses of the government and main-
taining the public credit, by laying a direct tax on the United States, and to provide for collecting and
assessing the same," &c., March 3, 1815, chap. 91 ; an act to fix the commissions of the collectors of
the direct tax and internal duties, and to revive and continue in force " an act to provide -for the collec-
tion of duties on imports and tonnage," April 27, 1816, chap. 110; an act relating to the assessment and
collection of the direct tax, March 3, 1817, chap. 103; an act zupplementary to the several acts relative
to direct taxes and internal duties, April 20, 1818, chap. 83 ; an act extending the time allowed for the
redemption of land sold for direct taxes, in certain cases, May 1I, 1820; an act for reviving and extend-
ing the time allowed for the redemption of land sold for direct taxes in certain eases, February 4, 1822
chap. 4; an act to extend the time for the redemption of land sold for direct taxes in certain cases, March
3, 1823, chap. 45 ; an act to extend the time allowed for the redemption of land sold for direct taxes
in certain cases, May 16, 1826, chap. 59; an act to extend the time allowed for the redemption of land
sold for direct taxes in certain cases, April 28, 1828, chap. 39. See General Index.
3c2

FIFTH CONGRESS. SEss. II. Cu. 70. 1798.
New York; the third division to'consist of the counties of West Chester,
Rockland, Orange and Ulster; the fourth division to consist of the
counties of Dutchess and Columbia; the fifth division to consist of the
counties of Rensselaer and Schoharie, and the city and county of
Albany; the sixth division to consist of the counties of Washington,
Clinton and Saratoga; the seventh division to consist of the counties of
Montgomery, Oneida and Herkemer; the eighth division to consist of
the counties of Delaware, Otsego and Chenango; and the ninth division
to consist of the counties of Tioga, Onandago, Steuben and Ontario.
New Jersey, The state of New Jersey shall contain five divisions, as follow: The
first division to consist of the counties of Bergen, Essex and Middlesex;
the second division to consist of the counties of Sussex and Morris; the
third division to consist of the counties of Hunterdon and Somerset;
the fourth division to consist of the counties of Burlington and Mon-
mouth ; and the fifth division to consist of the counties of Gloucester,
Cumberland, Salem and Cape May.
Pennsylvania, The state of Pennsylvania shall contain nine divisions, as follow: The
first division to consist of the city and county of Philadelphia; the second
division to consist of the counties of Delaware, Chester and Lancaster;
the third division to consist of the counties of Montgomery and Bucks;
the fourth division to consist of the counties of Berks and Dauphin; the
fifth division to consist of the counties of Northampton, Wayne and
Luzerne; the sixth division to consist of the counties of York, Cumber-
land and Franklin ; the seventh division to consist of the counties of
Northumberland, Lycoming and Mifflin; the eighth division to consist
of the counties of Bedford, Somerset and Huntingdon; and the ninth
division to consist of the counties of Westmoreland, Allegheny, Washing-
ton, Greene and Fayette.
Delaware, The state of Delaware shall contain three divisions, as follow: The
first division to consist of the county of New Castle; the second divi-
sion to consist of the county of Kent; and the third division to consist
of the county of Sussex.
Maryland, The state of Maryland shall contain seven divisions, as follow: The
first division to consist of the counties of St. Mary's, Charles and Cal-
vert ; the second division to consist of the counties of Montgomery and
Prince George's (including the city of Washington); the third division
to consist of the counties of Anne Arundel (including the city of
Annapolis) and Baltimore (including the city of Baltimore); the fourth
division to consist of the counties of Washington, Frederick and Allegany;
the fifth division to consist of the counties of Harford, Cceeil and Kent,
the sixth division to consist of the counties of Queen Anne's, Caroline
and Talbot; and the seventh division to consist of the counties of
Somerset, Dorchester and Worcester.
Virginia, Thestate of Virginia shall contain eleven divisions, as follow : The
first division to consist of the counties of Frederick, Berkeley, Shenan-
doah, Rockingham, Augusta, Rockbridge, Bath and Botetourt; the
second division to consist of the counties of Hampshire, Brooke, Hardy,
Pendleton, Harrison, Monongalia, Ohio and Randolph; the third division
to consist of the counties of Greenbrier, Kenhawa, Montgomery, Wythe,
Grayson, Washington, Russell and Lee; the fourth division to consist
of the counties of Patrick, Franklin, Henry, Bedford, Pittsylvania,
Campbell and Halifax; the fifth division to consist of the counties of
Charlotte, Prince Edward, Buckingham, Cumberland, Powhatan, Amelia,
Nottaway, Lunenberg and Mecklenburg; the sixth division to consist
of the counties of Chesterfield, Dinwiddie, Brunswick, Greensville,
Sussex and Prince George; the seventh division-to consist of the
counties of Surry, Southampton, Isle of Wight, Nansemond, Norfolk
and Princess Anne; the eighth division to consist of the counties of
Hanover, Henrico, New Kent, Charles city, James city, Matthews,

FIFTH :CONGRESS. Sass. II. Cn. 70. 1798.
Gloucester, York, Warwick, Elizabeth- city, Accomack and North

Hampton; the ninth division to consist of the counties of Caroline,
King and Queen, Essex, King William, Middlesex, Lancaster, North-
ampton, Richmond, Westmoreland and King George; the tenth
division to consist of the counties of Stafford, Culpepper, Fairfax,
Fauquier, Loudoun and Prince William; and the eleventh division to
consist of the counties of Spottsylvania, Orange, Madison, Louisa,
Fluvanna, Goochland, Albemarle and Amherst.
The state of Kentucky shall contain five divisions, as follow: The Kentucky,
first division to consist of the counties of Madison, Lincoln, Garrard,
Mercer, Washington, and that part of the county of Franklin which lies
on the south side of the Kentucky river; the second division to consist
of the counties of Nelson, Shelby, Jefferson, Bullitt and Hardin; the
third division to consist of the counties of Green, Logan, Christian and
Warren; the fourth division, to consist of the counties of Mason,
Flening, Bracken, Campbell, Harrison and Bourbon; and the fifth
division to consist of the counties of Fayette, Woodford, Scott, Clark,
Montgomery, and that part of Franklin county which lies on the north
side of the Kentucky river.
The state of North Carolina shall contain seven divisions, as follow: North Carolina,
The first division to consist of Edenton district.; the second division to
consist of Newbern district; the third division to consist of Halifax dis-
trict; the fourth division to consist of Hillsborough district; the fifth
division to consist of Salisbury district; the sixth division to consist of
Morgan district; and the seventh division to consist of Wilmington and
Fayette districts.
The state of Tennessee shall contain three divisions, as follow: The Tennessee,
first division to consist of the district of Washington ; the second divi-
sion to consist of the district of Hamilton; and the third division to
consist of the district of Mero.
The state of South Carolina shall contain five divisions, as follow: South Carolina,
The first division to consist of the districts of Charleston and George-
town; the second division to consist of the districts of Cambden and
Cheraw ; the third division to consist of the districts of Pinckney and
Washington; the fourth division to consist of the district of Ninety-six;
and the fifth division to consist of the districts of Orangeburg and
Beaufort.
The state of Georgia shall contain three divisions, as follow: The Georgia.
first division to consist of the counties of Chatham, Bryan, Liberty,
M'Intosh, Glynn, Cambden and Effingham; the second division to
consist of the counties of Washington, Montgomery, Scriven, Burke,
Richmond, Jefferson, Warren and Columbia; and the third division to
consist of the counties of Hancock, Wilkes, Green, Elbert, Oglethorpe,
Jackson, and Franklin.
And where any new county shall have been, or hereafter may be To what di-
formed, within any state, out of any one or more of the counties com- new
posing any one of the aforesaid divisions, such new county shall be con- belong.
sidered as part of such division; and if such new county shall have
been, or hereafter shall be formed out of counties lying in different
divisions, then the commissioners to be appointed in pursuance of this
act, shall determine to which of such divisions it shall belong.
SEc. 2. And be it further enacted, That the said commissioners shall, PtoCommissioners
take an oath
before they enter on the discharge of the duties enjoined by this act, or affirmation.
take and subscribe, before some competent magistrate, an oath or affir-
mation, truly, faithfully and impartially to discharge their trust; in de.
fault of taking which oath or affirmation, before entering on the discharge
of the duties aforesaid, the party failing shall forfeit and pay two hundred
dollars for the use of the United States, to be recovered in any court
having competent jurisdiction, with costs of suit.

FIFTH CONGRESS. SEss. II. Cn. 70. 1798.
One commis- SEc. 3. And be it further enacted, That there shall be one commis-
sioner to be ap- sioner appointed for each of said divisions, who shall reside within the
pointed for each
division-they same; and if the appointment of said commissioners, or any number
may be appoint. of them, shall not be made during the present session of Congress, the
ed in the recess. President of the United States shall be, and he is hereby empowered to
make such appointment during the recess of the Senate, by granting
commissions which shall expire at the end of their next session.
Commissioners .- SEC. 4. And be it further enacted, That the commissioners for each
for each state to
convene in a state shall, immediately, or as soon as may be, after their appointment,
general meet. convene in a general meeting, at such time and place as shall be ap-
ing. pointed and directed by the commissioner for each state, first named
and qualified, according to this act; and a majority of the commission-
ers so convened, shall have power to adjourn to such-time and place as
they shall judge proper: and a majority of the commissioners to be ap-
lointed in each state according to this act, when convened according
to rules to be adopted at their first meeting, shall, and are hereby declared
to be a board competent to transact and discharge any business or duties
enjoined by this act.
They may ap- SEC. 5. And be it further enacted, That the said commissioners, when
point a clerk- convened as aforesaid, shall and may appoint a suitable person to be their
clerk, who shall hold his office at the pleasure of the said commissioners;
his duty: whose duty it shall be to record and preserve all rules, proceedings and
documents of the said commissioners, and who shall take an oath or
he shall take an affirmation, diligently and faithfully to discharge his trust; which oath
oath, &c. or affirmation, either of the said commissioners is hereby authorized to
administer; and in default of taking such oath or affirmation, previous
to entering on the duties of the said appointment, or on failure to record
diligently and truly, all or any rules or proceedings of the said commis-
sioners, or to furnish transcripts or copies thereof, when directed by the
said commissioners, or required by the Secretary of the Treasury, in
writing, such clerk shall be discharged from office, and shall forfeit and
pay one hundred dollars, to be recovered for the use of the United States,
with costs of suit, in any court having competent jurisdiction.
Penalty on the SEC. 6. And be it further enacted, That it shall be the duty of the
non attendance said commissioners, to cause to be recorded and noted, the names of
of commission-
ers at a general such of the said commissioners as shall attend any general meeting, as
meeting, if not also the periods of their attendance, respectively; and if any commis-
excused. sioner shall fail to attend such general meeting, and shall not transmit
or cause to be transmitted to the said commissioners, at their said meet-
ing, or that next subsequently holden, an excuse for such absence, which
shall, by a majority of the commissioners then present, be accepted as
satisfactory and reasonable, such commissioner so failing, as aforesaid,
shall, for every day which he may be absent, during such, meeting, for-
feit and pay ten dollars, to be recovered for the use of the United States,
with costs of suit, in any court having competent jurisdiction ; or to be
deducted from the compensation as hereafter established for the said
commissioner : and a transcript from the records of the said commis-
sioners, certified by their clerk, by which it shall appear that any com-
missioner has failed to attend a general meeting, and to transmit, or
cause to be transmitted, an excuse, which shall have been accepted as
satisfactory and reasonable, as- aforesaid, shall and the same is hereby
declared to be conclusive and legal evidence that the penalty aforesaid
has been incurred.
They may di- SEC. 7. And be it further enacted, That the commissioners for each
vide their states state, convened as aforesaid, shall be, and hereby are authorized and
into assessment
disticts, and
empowered to divide their respective states into a suitable and conve-
appoint asses- nient number of assessment districts, within each of which/they shall
daoro. appoint one respectable freeholder to be principal assessor, and such
numbei of respectable freeholders to be assistant assessors, as they shall

FIFTH CONGRESS. SESS. II. Cli. 70. 1798. 1585i
judge necessary for carrying this act into effect: Provided, that the Proviso.
Secretary of the Treasury shall be, and hereby is authorized to reduce
the number of assessment districts in any state, or the number of assis-
tant assessors in any district, if either shall appear to him to be too great:
and each assessor, so appointed, and accepting the appointment, shall, Assessors' to
before he enters on the duties'of his appointment, take arid subscribe, take an oath.
before some competent magistrate, or some commissioner to be appoint-
ed by virtue of this act, the following oath or affirmation, to wit: I, A.
B.do swear or affirm, that I will, to the best of my knowledge, skill and
judgment, diligently and faithfully execute the office and duties of asses-
sor for (naming the assessment district)without favor or partiality,
and that I will do equal right and justice in every case in which I shall
act as assessor :" and a certificate of such oath or affirmation shall be
delivered to the commissioner of the district for which such assessor
shall have been appointed; and every assessor, acting in his said office,
without having taken the said oath or affirmation, shall forfeit and pay
for the use of the United States, one hundred dollars, to be recovered
with costs of suit, in any court having competent jurisdiction.
Szc. 8. And be it further enacted, That the commissioners for each Commissioners
state, convened, as aforesaid, shall be, and hereby are authorized and for each state
required to establish all such regulations, as to them, or a majority of establish
them, shall appear suitable and necessary, for carrying this act into
effect; which regulations shall be binding on each commissioner and
assessor, in the performance of the duties enjoined by, or under this act;
and also to frame instructions for the said assessors, informing them, and Frame insruc.
each of them, of the duties' to be by them respectively
y performed under tions and asses-
sors for direct
this act: Pursuant to which regulations and instructions, the said corn- them to inquire
nissioners shall, jointly or severally, direct and cause the said assessors, after all lands,
and each of them, to inquire after and.concerning all lands, dwelling- houses and
houses and slaves in their respective assessment districts, by reference slaves.
to any records or documents, and to any lists of assessment taken under
the laws of their respective states, and by all other lawful ways and
means; and to value and enumerate the said dwelling-houses, lands and and value and
slaves in the manner following, to wit: Every dwelling-house above the ernmerate
value of one hundred dollars, with the out-houses thereto appurtenant, them.
and the lot on which such dwelling-house and out-houses are erected,
not exceeding two acres, in any case, shall be valued at the rate such
dwelling-house,, with the lot and appurtenances aforesaid, are worth in
money with a due regard to situation.-All lands and town lots, except
lots on which dwelling-houses above the value of one hundred dollars,
with their appurtenances, are erected as aforesaid, shall be valued by
the quantity, either in acres, or square feet, as the case may be, at the
average rate which each separate and entire tract or lot is worth in
money, in a due' relation to other lands and lots, and with reference to
all advantages, either of soil or situation, and to all buildings and other
improvements of whatever kind, except dwelling-houses above the value
of one hundred dollars, and the out-houses appurtenant thereto.-And
all slaves, whether negroes, mulattoes or mestizoes, above the age of
twelve, and under the age of fifty years,' shall be enumerated in the
assessment district in which they may, respectively, be kept or employed,
at the time of the enumeration, except such as from fixed infirmity, or
bodily disability, may be incapable of labor: Provided, that all pro- Exemption of
perty, of whatever kind, coming within any of the foregoing descrip- certainproper-
tions, and belonging to the United States, or any state, or permanently ty.
exempted from taxation by the laws of the state wherein the same may
be situated or possessed, shall be exempted from the aforesaid valuation
and enumeration.
SEc. 9. And be it further enacted, That for the purpose of making
the aforesaid valuations and enumerations, the assessors to be appointed
VOL. I.-74

586 FIFTH CONGRESS. SEss. II. Cn. 70. 1798
Assessors in each assessment district, in pursuance of this act, shall be, and here-
shall distribute by are authorized and required to distribute their respective assessment
their districts
into divisions, districts, by mutual agreement, into such number of divisions as they
proceed through shall deem convenient, not exceeding the number of assistant assessors
the same and re. appointed for each district; after which, they shall, severally, proceed,
quire lists of
lands, &c. to be without delay, through their respective divisions, and in general through
delivered, every part of their respective assessment districts, and shall require all
persons owning or possessing any dwelling-houses, lands or slaves, or
having the care or management thereof, to deliver separate written lists,
specifying in one list, the dwelling-houses; in another, the lands; and in
a third, the slaves, owned, possessed, or superintended by them respect-
ively, in each and every assessment district of the state, or of any other
state, designating the state, county, parish, township or town, as the case
may be, where the property lies; and making separate lists, as aforesaid,
Form of the for the property in each: and the said lists shall specify in respect to
lists, dwelling-houses, their situation, their dimensions or area, their number
of stories, the number and dimensions of their windows, the materials
whereof they are built, whether wood, brick or stone, the number, de,
scription and dimensions of the out-houses appurtenant to them, and the
names of their owners or occupants: And in respect to lands, the said
lists shalt specify the quantity of each separate tract or lot, the number,
description and dimensions of all wharves and buildings thereon, except
dwelling-houses above the value of one hundred dollars, and the out-
houses appurtenant thereto; the name of the owner or occupant; and
the quantity of land which such owner or occupant may claim, as enti-
tled to exemption under this act, with the circumstances whereon the
claim rests; and in respect to slaves, the said lists shall specify the num-
ber above the age of twelve, and under the age of fifty years, owned or
possessed by, or under the -care of each person, with the name of such
person.
Assessors may Sc. 10. And be it further enacted, That if any person, as aforesaid,
make lists in shall not be prepared to exhibit a written list, when required, and shall
certain cases, consent to disclose the particulars of any and all lands, dwelling-houses
and slaves as aforesaid, then and in such case it shall be the duty of the
assessor to make such list, which being distinctly read and consented to,
shall be received as the list of such person.
Penalty on de. Sae. 11. And be it further enacted, That if any person shall deliver
livering or dis. or disclose to any assessor, appointed in pursuance of this act, and
closing a fraud.
ulent list. requiring a list or lists, as aroresaid, any false or fraudulent list, with
intent to defeat or evade the valuation or enumeration hereby directed
to be made, such.person so offending, and being thereof convicted before
any court having competent jurisdiction, shall be fined in a sum not
exceeding five hundred dollars, nor less than one hundred dollars, at the
discretion of the court, and shall pay all costs and charges of prosecu-
How the as- tion: And the valuation and enumeration of such person's property,
sessors in such shall in all such cases, be made as aforesaid, upon lists, according to the
proceed shall
case. form above described, to be made out by the assessors, respectively;
which lists the said assessors are hereby authorized and required to make,
according to the best information they can obtain, and for the purpose
of making which, they are hereby authorized to enter into and upon all
and singular the premises respectively, and from the valuations and enu-
merations so made, there shall be no appeal.
Lists to le SEc. 12. And be it further enacted, That the lists aforesaid shall be
taken with re- taken with reference to the first day of October next; and the commis-
ference to the
1st Oct. 1798, sioners aforesaid shall prescribe a time to the assessors of assessment
and transtmitted districts, within which time the said lists shall be taken and delivered to
to the principal the principal assessor, to be named for that purpose, in each assessment
assessors. district; which time shall not be more than thirty days from
the time
of receiving their precepts or warrants. And all lists of property, taken

FIFTH CONGRESS. S ss. If. Cit. 70. 1798.
with reference to any other assessment district, than that in which the
owner or possessor resides, shall be immediately transmitted to the com-
missioner superintending the district, and from him to the principal
assessor of the district within which such property is situated.
SEC. 13. And be it further enacted, That in case any person shall be Note to be
absent from his place of residence, at the time ant assessor shall call to left, requiring
receive the list of such person, it shall be the duty of such assessor to absentees from
their residence
leave at the house or place of residence of such person, a written note to present their
or memorandum, requiring him to present to such assessor the list or lists.
lists required by this act, within ten days from the date of such note or
memorandum.
SEC. 14. And be it further enacted, That if any person, on being How to pro-
required or notified as aforesaid, shall refuse or neglect to give such list ceed when per.
or lists, as aforesaid, within the time required by this act, it shall be the sons refuse or
neglect to give
duty of the assessors for the assessment district, within which such per- lisLs.
son shall reside, or of some two or more of them, and they, or some two
or more of them, are hereby authorized and required, to enter into and
upon the lands, dwelling-houses, and premises of such person so ne-
glecting or refusing, and to make, according to the best information
which they can obtain, and on their own view, such .list or lists of the
lands, dwelling-houses and slaves of such person, as are required by this
act; which lists, so made and subscribed, by such assessors, shall be
taken and reputed as good and sufficient lists of the lands, dwelling-
houses and slaves of such person, under and for the purposes of this
act: And the person so failing or neglecting, unless in case of sickness, Penalty on
or absence from home, for the whole period from the leaving of such such refusal or
notification to the expiration of the said ten days, shall, moreover, for- neglect.
feit and pay the sum of one hundred dollars, to be recovered, with costs
of suit, in any court having competent jurisdiction; one moiety to the
use of the assessors for the assessment district in which such person
shall reside, and the other moiety to the use of the United States.
SEC. 15. And be it further enacted, That whenever there shall be, in How to pro-
any assessment district, any dwelling-houses, lands or slaves, not owned ceed where
dwelling-houses
or possessed by any person or persons within such district, and no list of &c. are not pos-
which shall be transmitted to the principal assessor of such district, in sessed by any
the manner provided by this act, it shall be the duty of the assessors for person within
such district, or some one or more of them, and they, or some one or the assessment
district, and no
more of them, are hereby authorized and required to enter into and list is rendered.
upon all such dwelling-houses, lands and lots, and to make lists of the
same respectively, after the form prescribed by this act, and also to make
lists of all slaves as aforesaid; which lists, being subscribed by the said
assessor, or assessors, shall be taken and reputed as good and sufficient
lists of such lands, dwelling-houses and slaves, under and for the pur-
poses of this act.
SEC. 16. And be it further enacted, That the assessors, after col- After collect-
lecting the said lists of lands, dwelling-houses and. slaves, shall proceed ing lists the as-
to value and assess thesame, in a just proportion, according to this act, sessors shall
value and assess
and shall arrange and class the said lands, dwelling-houses and slaves, in the lands, &c.
three general lists; the first of which lists shall exhibit, in alphabetical and arrange and
class them in
order, the names of all proprietors and possessors, where known, of lots three lists.
and tracts of land in such assessment district, with the quantity and
valuation of each lot and tract, and the whole valuation of the lands be-
longing to, or possessed by any one person; the second list shall exhibit,
in alphabetical order, the names of all proprietors and possessors of
dwelling-houses above the value of one hundred dollars, with the descrip-
tion and valuation of each dwelling-house, and the appurtenances, and
the quantity of land valued therewith, according to this act; and the
third list shall exhibit, in alphabetical order, the names of all persons
owning, possessing, or having the care of any slaves, with the number

FIFTH CONGRESS. Srss. II. CH. 70. .179S.
of slaves, as aforesaid, owned by, or under the care of each person: And
the forms of the said lists shall be devised and prescribed by the de-
partment of the treasury.
Penalty on as- SEC. 17. And be it further enacted, That if any assessor shall fail to
sessor failing to perform any duty assigned by this act, within the time prescribed in his
perform his du.
ty. precept, warrant or other legal instructions, not being prevented there-
from by sickness, or other unavoidable accident, every such assessor
shall be discharged from office, and shall moreover forfeit and pay two
hundred dollars, to be recovered for the use of the United States, in any
court having competent jurisdiction, with costs of suit.
Principal as- SEC. 1S. And be it further enacted, That immediately after the valua-
sessor to give tions and enumerations shall have been completed, as aforesaid,the prin-
notice of valua-
tions and enu- cipal assessor in each assessment district, shall, by written notifications,
merations, and to be publicly posted up, in at least four of the most public places in such
that appeals will
be received. district, advertise all persons concerned, of the place where the said lists,
valuations and enumerations may be seen and examined; and that during
fifteen days after the publication of the notifications, as aforesaid, ap-
peals will be received and determined by him, relative to any erroneous
or excessive valuations or enumerations by the assessor.
Principal as- SEC. 19. And be it further enacted, That it shall be the duty of the
sessor to sub- principal assessor, in each assessment district, during fifteen days after
mit the pro-
ceedings and the date of public notification, to be made as aforesaid, to submit the
lists of the as- proceedings of the assessors, and the lists by them received or taken, as
sessors to in- aforesaid, to the inspection of any and all persons who shall apply for
spection and to
hear appeals. that purpose: And the said principal assessors are hereby authorized to
receive, hear and determine, in a summary way, according to law and
right, upon any and all appeals which may be exhibited against the pro-
ceedings of the said assessors: Providedalways, that the question to be
determined by the principal assessor, on an appeal respecting the valua-
tion of any lands or dwelling-houses, shall be, whether the valuation com-
plained of be, or be not, in a just relation or proportion to other
valuations in the same assessment district.
Manner of SEC. 20. And be it further enacted, That all appeals to the principal
making appeals. assessors, as aforesaid, shall be made in writing, and shall specify the
particular cause, matter or thing, respecting which a decision is re-
quested, and shall moreover state the ground or principle of inequality or
error complained of, by reference to some one or more valuations of lands
Principal as. or dwelling-houses in the same assessment district; and in all cases to
sessor may which reference may he rhade in any appeal, as aforesaid, the principal
equalize the
valuations; but assessor shall have power to re-examine and equalize the valuations as
they shall not shall appear just and equitable; but no valuation shall be increased,
be increased without a previous notice of at least five days to the party interested, to
without notice
to the party. appear and object to the same, if he judge proper; which notice shall
be given by a note in writing, to be left at the dwelling of the party, by
such assessor as the principal assessor shall designate for that purpose.
After the ex- SEc. 21. And be it further enacted, That immediately after the
piration of the expiration of the time for receiving, hearing and deciding on appeals,
time for appeals
the assegsors and within such period as shall be prescribed by the commissioners
shall transmit aforesaid, the principal assessor and other assessors of each assessment
copies of their district, shall make out, subscribe, and transmit to the commissioner
lists and ab.
stracts of their superintending the district, exact copies, certified under their hands, of
proceedings to all lists respectively taken by them or either of them, as aforesaid, to-
the commis- gether with three abstracts of their proceedings; one of which abstracts
sioners.
shall exhibit a summary view of the valuations of all lands; and another
abstract shall exhibit a summary view of the valuations of all dwelling-
houses; and a third abstract shall exhibit a summary view of the enume-
ration of all slaves, as aforesaid, in each district; the forms of which
abstracts shall be established and prescribed by the department of the
treasury.

FIFTM CONGRESS. SEss. II. (H. 70. 1793.
SEC. 22. And be it.further enacted, That the commissioners, as afore- The commis-
said, shall have power, on consideration and examination of the ab- sioners may re-
stracts to be rendered by the assessors, as aforesaid, and of the lists vive the valua.
tions.
aforesaid, to revise, adjust and vary, the valuations of lands and dwelling-
houses in any assessment district, by adding thereto, or deducting there-
from, such a rate per cetume, as shall appear to be just and equitable:
Provided, that the relative valuations of the different lots or tracts of Relative val.
land, or dwelling-houses, in the same assessment district, shall not be uations not to
be changed.
changed or affected: Provided, nevertheless, that if manifest error or
If manifest
imperfection shall appear in any of the said abstracts, the commissioners error, &c. ap-
shall and may require of the assessors, that the said abstracts be ex- pear in the ab-
plained and corrected, and shall and may remove from office, any and stracts they may
require the as-
all of the said assessors, and otherwise proceed against them according sessors to cor-
to this act; and if necessary, in the opinion of a majority of the com- rect them, &c.
missioners, convened in a general meeting, a new valuation may be
directed, and after such valuations shall have been completed and con-
firmed, in the manner prescribed by this act, the said commissioners
shall cause the aforesaid abstracts and lists to be transmitted to the Abstracts and
Secretary of the Treasury; in default of which, they shall severally for- lists to be trans-
feit and pay, for the use of the United States, two hundred dollars, to be ,nitted to the
Treasury.
recovered with costs of suit, in any court having competent jurisdiction.
SEc. 23. And be it further enacted, That the said commissioners, The commis.
as aforesaid, shall and may direct the principal assessors of each assess- sioners shall and
ment district, to register and record the lists, valuations and enumera- may direct the
tions made by the assessors, as aforesaid; and to add to, or deduct from principal asses-
sors to record
the valuations of the lands and dwelling-houses of each individual, such the lists, &c.
a rate per centum, as shall be determined by the commissioners, as and add to or
aforesaid. deduct from the
valuations.
SEC. 24. And be it further enacted, That after the valuations, enu- Supervisors
merations, and records thereof, shall have been completed, according to and inspectors
this act, it shall be lawful for the supervisors of districts comprehending to depute a per-
but one survey of inspection, and the inspectors of surveys in districts son in each as-
sessment dis-
comprehending more than one survey of inspection, with the concur- trict to be sur.
rence of the supervisors of such districts, to depute one skilful and fit veyor of the re-
person, in each assessment district, to be surveyor of the revenue ; and venue.
every surveyor of the revenue, so appointed, shall give bond, with surety,
in a sum not less than five hundred nor more than two thousand dollars,
for the diligent and faithful execution of his office, and shall take and
subscribe an oath or affirmation, truly, faithfully and impartially to dis-
charge the duties enjoined by this act; and a certificate of the said oath
or affirmation, with the said bond, shall be transmitted to, and lodged in
the office of the supervisor of the district.
SEC. 25. And be it further enacted, That it shall be the duty of the Surveyors of
surveyors of the revenue to receive and safely preserve the records of the revenue to
the lists, valuations and enumerations herein before mentioned; and the receive the re-
cords of the
said surveyors shall keep true and exact accounts of the valuation of the lists, &c.
lands and dwelling-houses belonging to each and every individual, dis-
tinguishing each tract, lot and dwelling-house. And whenever any Their duty on
lands or dwelling-houses, included in the said valuation, shall be alien- sale or division
ated, or in any way transferred, it shall be the duty of the surveyor of of lands, &c.
the revenue for the district, if a dwelling-house, or an entire tract or lot
has been alienated, to charge the amount of the valuation thereon, to an
account with the purchaser, 'and to credit the account of the person dis-
posing of the same; and whenever a tract of land, lot, or dwelling-house,
shall be divided by sale or partition, the said-surveyor shall by entry and
view of the said land or dwelling-house, or by other lawful ways and
means, inform himself of the relative value of the different parts of the
original tract or lot, or dwelling-house so divided, and shall apportion
the value of the entire tract or lot, or dwelling-house, as shall be just
3D

590 FIFTH CONGRESS. SEss. II. Cir. 70. 1798.
and equitable; and shall enter and record the same, in manner afore-
On the erec- said. And whenever, and so often as a new dwelling-house shall be
tion of new erected and inhabited, after the first day of October next, or any dwell-
dwelling-
houses, &c. or ing-houses or lands, which, at the time of making the said valuation,
the ceasing of shall be exempted from taxation by the laws of the state where the same
property to be shall be situated, shall cease to be so exempted, the said surveyors shall
exempted from
taxation, under and may, in their respective districts, proceed to value and assess the
the state laws; same, in like manner, and on the principles herein before prescribed, in
respect to valuations of dwelling-houses and lands, and shall add the
same to the valuations to be made by assessors, as aforesaid And
and on a house whenever, and so often as any dwelling-house shall be destroyed or
being by damaged, by fire, or other accident, it shall be lawful for the surveyors
destroyed
or damaged
accident, to cancel the valuations thereon, if such house be wholly destroyed; or
if such house be merely damaged or impaired, to reduce the valuation
Proviso. thereon, to such sum as shall be just and equitable: Provided,that no
change of the valuation of any dwelling-house, shall be valid, until the
same shall have been approved by the inspector of the survey, or the
supervisor of the district,' if comprehending but one survey of inspection.
On receiving SEC. 26. And be it further enacted, That it shall be the duty of the
warrants, sur- surveyors of the revenue, whenever they shall receive precepts or war-
revenueshall rants for that purpose, from the inspectors of surveys, or the supervisors
enumerate of districts comprehending but one survey of inspection, to enumerate
slaves,
the and any and all slaves in their respective districts above the age of twelve
report
number
value of houses, and under the age of fifty years, except such as from fixed infirmity, or
&Q. bodily disability, may be incapable of labour, as aforesaid, and to report
the number thereof, as also the number of houses, with the valuations
thereof, respectively, and the valuation of any and all lands, and also to
compute and state the taxes which may be due and payable by each and
every individual; and to deliver true and correct lists thereof, to the
persons who may be appointed to r'eceive the same.
They shall sub. SEc. 27. And be it further enacted, That the said surveyors of the
it their books, revenue shall, at all times, submit the inspection of their books and re-
&c. to inspec-
tion, and grant cords, to the supervisors and inspectors of the internal revenues of the
copies. United States, or to any person authorized and deputed by the Secretary
of the Treasury, for that purpose; and shall, moreover, grant and certify
copies or transcripts therefrom, to any persons who shall apply for the
same, and who shall previously tender or pay the fees hereafter allowed
and established therefor.
Compensations. SEC. 28. And be it further enacted, That the following compensations
shall be allowed to the commissioners, clerks and assessors aforesaid, for
services to be performed under this act.
To commis. To each commissioner, one hundred and fifty dollars, in addition to
sioners. an allowance of three dollars per diem, for each and every day, in going
to, attending at, and returning from any general meeting of the said com-
missioners, or in visiting the several assessment districts, in pursuance
of any resolution of the said commissioners.
To clerks. To each clerk of the commissioners, a compensation for the time they
may be employed, not exceeding the rate of five hundred dollars per
annum.
To assistant To each assessor, other than principal assessors, one dollar and fifty
assessors. cents per diem, for every day employed in collecting lists; and also one
dollar per diem for every day employed in arranging the said lists, and
making the valuations and enumerations.
To principal To each principal assessor, one dollar and fifty cents for every day
assessors, employed in receiving and arranging lists, and hearing appeals, and in
recording the lists, valuations and enumerations aforesaid, and corre-
sponding with commissioners : and in addition to the said allowances
Chargesta- and compensations, the said commissioners and assessors shall be allowed
books and sta- their necessary
tionery, and easa cmissior
and reasonable s and ands stationery:
charges for hooks allobe a and d

FIFTHt CONGRESS. SESS. II. Cm. 71. 1798. 591
the accounts of the assessors shall be certified by, and presented to the
commissioners, in the name of the principal assessor of each assessment
district, who shall be responsible to the other assessors. And the ac- How accounts
counts of the assessors and commissioners in each state, shall be pre- the
are to be pre-
sented.
sented at the treasury, for adjustment, in the name of some one of
commissioners, to be designated for that purpose, by the other commis-
sioners, who shall distribute the sums payable to the principal assessors,
aforesaid: Provided, that no allowance shall be made to the assessors, N, allowance
other than for the expense of books and stationery, until it shall be ascer- to be made to
tamed and certified to the satisfaction of the commissioners, that th sessors until,
services directed by this act have been performed. And all letters or Letters, &c.
packets to or from any commissioner, appointed under this act, shall, to and from
wi commissioners
free, &c.
within the limits of the state for which such commissioner is appointed,
be conveyed by post, free of postage.
SEC. 29. And be itfurther enacted, That the surveyors of the revenue Compensation
shall be allowed the following compensations, for services to be per- to surveyors of
formed under this act: For recording each and every transfer of the the revemue.
valuation of every entire tract of land, or dwelling-house, twelve and an
half cents: For apportioning each and every valuation of a tract of land,
lot or dwelling-house, and recording the same, in consequence of any
division or partition thereof, fifty cents for every division of the original
tract, lot or dwelling-house: For viewing each and every dwelling-house,
in consequence of an application for the reduction of a valuation, and
for recording the proceedings thereon, one dollar: For every official
certificate, except such as may be required by the treasury department,
or the supervisors, inspectors or collectors of the revenue, twenty-five
cents. And the compensations aforesaid shall be paid by the party or
parties applying for such reduction, record, exoneration, or apportion-
ment.
SEc. 30. And be it further enacted, That for the purpose of defraying Appropriation
the expenses incident' to the valuations and enumerations directed by for the objects
this act, there be appropriated the sum of one hundred and fifty thousand of the act.
dollars, to be paid out of any monies in the treasury of the United States,
not otherwise appropriated.
STATUTE II.
CH Ay. LXXI.-9Rn .,Set to regulateand fix the compensations of the officers em- July 11, 1798.
ploayed Oncollecting the internalrevenues if the United States, and to insure more Repealed.]
effectually the settlement of their accounts.
SECTION 1. Be it enacted by the Senate and House of Representatives Allowances,in
of the United States of America in Congress assembled, That in lieu of lieu rier,ofto the for-
super-
the compensations now established, there shall, from and after the first visors.
day of July, instant, be allowed, for the collection of the internal duties
which have heretofore been imposed by law, the respective compensa- 1791, ch. 15.
tions following, to wit: 1802, ch. 19.
To the supervisor of the district of Virginia, an annual salary of one
thousand three hundred and fifty dollars.
To the supervisor of the district of Pennsylvania, an annual salary of
one thousand two hundred dollars.
To each of the supervisors of Massachusetts, New York, Maryland,
North Carolina, and South Carolina, an annual salary of one thousand
dollars.
To each of the supervisors of Connecticut and Ohio, an annual salary
of seven hundred dollars.
To each of the supervisors of Rhode Island and New Jersey, an annual
salary of six hundred dollars.
To each of the supervisors of New Hampshire, Vermont, Delaware,
Tennessee, and Georgia, an annual salary of five hundred dollars.

592 FIFTH CONGRESS. SEss. IT. Cm 71. 1798.
Allowance SEC. 2. And be it further enacted, That the following sums shall be
for clerk hire.allowed to the supervis6rs for clerk hire, in their respective offices, to
wit:
To the supervisors of Massachusetts, New York, Pennsylvania, Mary-
land, Virginia, North Carolina, and South Carolina, eight hundred dol-
lars per annum, each.
To the supervisors of New Hampshire, Rhode Island, Connecticut,
New Jersey, and Georgia, four hundred dollars per annum, each.
To the supervisors of Vermont, Delaware, Ohio and Tennessee, three
hundred dollars per annum, each.
Commissions SEC. 3. And be it further enacted, That the supervisors shall, severally.
allowed to the be allowed, in addition to the salaries aforesaid, the same commissions
upervisors. on the product of all the internal duties heretofore imposed and collected
in their respective districts, as have been heretofore allowed under the
authority of the President of the United States.
Annual salary SEC. 4. And be it further enacted, That the inspectors of surveys now
to inspectors of established under the authority of the President of the United States, in
surveys. the several districts, not being also supervisors, shall each be allowed an
annual salary of five hundred dollars.
Allowance to SEC. 5. And be it further enacted, That each of the inspectors, not
inspectors for- being also a supervisor, shall, in addition to the salary aforesaid, and to
clerk hire. the commissions heretofore allowed to them by the President of the
United States, be allowed two hundred dollars per annum for clerk hire
in their respective offices.
Commissions SEC. 6. And be it further enacted, That the collectors of the revenue
to collectors, shall be allowed a commission of six per centum on the product of all
the internal duties heretofore imposed, and by them respectively received;
except that in the districts of Massachusetts and Rhode Island, a com-
mission of four per centum, only, shall be allowed to the said collectors
upon the amount of duties arising from spirits distilled from foreign
materials.
Annual sala- SEC. 7. And be it further enacted, That it shall be lawful for the
ries toecollectors
and auxiliary supervisors of districts, to apportion and allow to such of the collectors
officers. of the revenue, and auxiliary officers, as, for the execution of the public
service, it shall appear to them really necessary so to compensate, yearly
salaries, not exceeding the medium rate of eighty dollars to the collect-
ors of the revenue actually employed, nor exceeding the medium rate
of thirty dollars to the auxiliary officers actually employed, nor exceed-
ing the sums following, in the respective districts, to wit: In New
Hampshire, four hundred and twenty dollars; in Massachusetts, one
thousand four hundred and sixty dollars; in Rhode Island, two hundred
and fifty dollars; in Connecticut, six hundred dollars; in Vermont, four
hundred and twenty dollars; in New York, one thousand and ninety
dollars; in New Jersey, eight hundred and twenty dollars; in Pennsyl-
vania, one thousand six hundred and ten dollars; in Delaware, three
hundred and thirty dollars; in Maryland, one thousand five hundred
dollars; in Virginia, four thousand 'six hundred and fifty dollars; in
Ohio, seven hundred and ninety dollars; in Tennessee, three hundred
and thirty dollars; in North Carolina, two thousand seven hundred and
eighty dollars; in South Carolina, two thousand three hundred and forty
dollars; and in Georgia, six hundred and sixty dollars.
Other allow- SEC. S. And be it further enacted, That the supervisors shall be
visors,uisper- allowed, for preparing, stamping and distributing among the inspectors,
tors, &e. one cent for every certificate to accompany foreign or domestic spirits,
wines or teas, actually issued in the surveys and ports of their respective
districts; that the inspectors of surveys, and such of the supervisors as
perform the same duties, shall be allowed two cents and one half for each
certificate signed by them and issued to accompany domestic distilled
spirits, and one cent for each certificate signed by them, and issued to

FIFTH'.CONGRESS.; SESs.IL"Cii; 71' -1798.
accompany foreign distilled spirits; that the inspectors of the revenue

for ports, shall be allowed one cent and one half, for every certificate
issued in their ports, respectively, to accompany foreign distilled spirits,
and two cents and one half, for every certificate to accompany wines or
teas; and to the deputies of such inspectors, the sum of two cents and
one half for every cask or package of foreign distilled spirits, wines or
teas, by them marked, according to law, and returned to their respective
principals; and for gauging wines, whereon the duties are payable ac-
cording to the value thereof, six cents for every cask actually gauged,
and that the collectors of the revenue shall be allowed for measuring and
marking, according to law, each still under the capacity of one hundred
gallons, sixty cents, and for each still of the capacity of one hundred
gallons, or more, seventy-five cents, and for marking each cask of do-
mestic distilled spirits, and for issuing and countersigning a certificate
to accompany the same, two and one half cents, and for every cask
which they respectively gauge or cause to be gauged, six cents.
SEC. 9. And be it further enacted, That it shall be lawful, this act not- Fee to collect.
withstanding, for the collectors of the revenue to demand of individuals ors under the
the fee or extra compensation authorized by the seventh section of the actlayingduties
act passed on the twenty-eighth day of May, one thousand seven hundred
on carriages.
478
and ninety-six, intituled "An act laying duties upon carriages for the Ante, p. .
coliveyance of persons; and repealing the former act for that purpose;"
in the manner and on the conditions thereby prescribed.
SEc. 10. And be it further enacted, That from and after the first day Officers em-
of July, instant, it shall be the duty of the several officers employed or to ployed in ofthe
collection the
be employed in collecting the internal revenues of the United States, to internal rove-
keep accurate accounts of their official emoluments and expenditures, nues to keep
and the same to transmit annually, on the last day of December, to the accounts of
their emolu,
commissioner of the revenue; abstracts of which accounts shall, an- ments, &c.
nually, be laid before Congress, by the Secretary of the Treasury.
SEC. 11. And be it further enacted, That the necessary expenses of Allowancefor
procuring books, stationery, printed forms, certificates, and other docu- books, printing,
ments, necessary for the collection of the internal revenues, shall and Sc.
may be allowed to the supervisors, inspectors and collectors of the reve-
nue, in the settlement of their accounts. And all letters and packets to Free letters.
and from the said supervisors and inspectors of the revenue, on business
of their respective offices, shall be received and conveyed by post, free
of postage.
SEC. 12. And be it further enacted, That the supervisors of districts, Supervisors,
inspectors of surveys, and collectors of the revenue, shall, within three inspectors and
months after being thereto required, give bonds, with sureties, for the collectors to
of give bond.
true and faithful execution of their respective offices, and settlement
their accounts, according to law, in manner following, to wit: The super-
visors of Massachusetts, New York, Pennsylvania, and Virginia, in the
sum of twenty-five thousand dollars, each; the supervisors of New Hamp-
shire, Rhode Island, Connecticut, New Jersey, Maryland, North Caro-
lina and South Carolina, in the sum of fifteen thousand dollars, each; and
the supervisors of Vermont, Delaware, Ohio, Tennessee and Georgia, in
the sum of ten thousand dollars, each; and the inspectors of the several
surveys, in the sum of ten thousand dollars, each; which bonds shall be
severally approved by the comptroller of the treasury, and shall be filed
in his office, to be by him put in suit for the benefit of the United States,
upon any breach of the conditions thereof; and the collectors of the
revenue shall severally give like bonds, with sureties, in a sum not less
than three thousand dollars; which bonds shall be approved by the super-
visors of the respective districts, and shall be filed in their offices to be
by them put in suit, upon any breach of the conditions thereof.
SEc. 13. And be it further enacted, That all suits on bonds taken Suits on suech
in pursuance of this act, shall be instituted and determined in the man- bonds howto be
VoL. L.-75 3 rn2

FIFTH CONGRESS. Sass. TI. Cit. 72. 1798.
instituted and ner prescribed by the act, passed on the third day of March, one thou-
determined. sand seven hundred and ninety-seven, intituled "An act to provide more
effectually for the settlement of accounts between the United States and
Ante, p. 512. receivers of public money ;" and in all suits instituted against an inspec-
tor of any survey, or collector of the revenue, transcripts from the books
of the supervisor of the proper district, or copies of any papers or other
What shallbe documents relating to the accounts of such inspector or collector, duly
evidence, authenticated, under the seal of the said supervisor, shall have equal
validity, and be entitled to the same credit which would be due to the
original papers, if produced in open court; subject nevertheless to the
condition mentioned in the second section of the act above recited.
When the SEc. 14. And be it further enacted, That the bond of any supervisor
bonds of super- or other officer of the revenue, who shall neglect or refuse, for more
visors &c. shall
be forfeited, than six months, to make up, and render to the proper officer, his
accounts of all duties collected or secured, pursuant to such forms and
regulations as have been, or shall be prescribed, according to law, or to
verify such accounts on oath or affirmation, if thereto required, or to
pay over the monies which shall have been collected, shall be deemed
Judgment forfeited, and judgment thereon shall and may be taken at the return
thereon at the
return term. term, on motion, to be made in open court, by the attorney of the
United States, unless sufficient cause to the contrary be shown to, and
allowed by the court: Provided always, that the -writ or process, in
such case, shall have been executed at least fourteen days before the
return day thereof.
Lien upon the SEC. 15. And be it further enacted, That the amount of all debts
real estate of due to the United States, by any supervisor or other officer of the
officers of the
revenue for revenue, whether secured by bond or otherwise, shall, and hereby is
debtsdue to the declared to be a lien upon the lands and real estate of such supervisor
United States. or other officer of the revenue, and their sureties, from the time when
a suit shall be instituted for recovering the same; and for want of goods
and chattels, or other personal effects of such supervisor, or other officer
of the revenue, or their sureties, to satisfy any judgment which shall or
may be recovered against them, respectively, such lands and real estates
Mode of sale may be sold at public auction, after being advertised for at least three
of their real es- weeks, in not less than three public places in the proper district, survey
tate. or division, and in one newspaper printed in the county, if any
there be,
at least six weeks prior to the proposed time of sale; and for all lands
and real estate sold in pursuance of the authority aforesaid, the convey-
ances of the marshals, or their deputies, executed in due form of law,
shall afford a valid title against all persons claiming under such supervi-
sor, or other officer of the revenue, or their sureties, respectively.
Repeal of laws SEc. 16. And be it further enacted,That from and after the said first
authorizing the day of July, instant, so much of any law or laws as authorizes the Presi-
President to e dent of the United States to fix or vary the compensation of the officers
or vary the
compensations, employed in the collection of the internal revenues, or limits the yearly
&c. sums to be allowed to them, be, and the same is hereby repealed.
SrTTT II.
July 1, 1798. CHAP. LXXI.---n .ct for the establishing and organizing a Marine Corps.(a)
SECTION 1. Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That in addi-
(a) The acts passed by Congress relating to the marine corps, are: An act for 'the establishing and
organizing a marine corps, June 11, 1-798, chap. 72; an act authorizing an augmentation of the marine
corps, March 2, 1799, chap. 37; an act authorizing an augmentation of the marine corps, March 3, 1809,
chap. 33; an act authorizing an augmentation of the marine corps, and for other purposes, April 16,
1814, chap. 58; resolution in relation to the compensation of officers of the marine corps, May 29, 1830;
an act concerning certain officers of the marine corps, July 14, 1832, chap. 223; resolution respecting the
pay of the marine corps, May 25, 1832; an act to improve the condition of the non-commissioned officers
and privates of the army and marine corps of the United States, and to prevent desertion, March 2, 1833,

tion to the present military establishment, there shall be raised and organ- A corps of
ized a corps of marines, which shall consist of one major, four captains, marines to be
raised.
sixteen first lieutenants, twelve second lieutenants, forty-eight sergeants,
forty-eight corporals, thirty-two drums and fifes, and seven hundred and
twenty privates, including the marines who have been enlisted, or are
authorized to be raised for the naval armament; and the said corps may Formation of
be formed into as many companies or detachments, as the President of it.
the United States shall direct, with a proper distribution of the com-
missioned and non-commissioned officers and musicians to each com-
pany or detachment.
SEc. 2. And be iffarther enacted, That the pay and subsistence of Pay and sub-
the said officers, privates and musicians, shall be as follows, to wit: To sistenee.
a major, fifty dollars per month, and four rations per day; to a captain,
forty dollars per month, and three rations per day; to a first lieutenant,
thirty dollars per month,'and three rations per day; to a second lieuten-
ant, twenty-five dollars per month, and two rations per day; and to the
non-commissioned officers, privates and musicians, conformably to the Ante, p. 523.
act, intituled "An act providing a naval armament," as shall be fixed
by the President of the United States: And the President of the United President may
States shall be, and is hereby authorized to continue the enlistment of commission of-
marines, until the said corps shall be complete; and of himself, to ficers in the re-
appoint the commissioned officers, whenever,'in the recess of the Senate,
an'appointment shall be necessary. And the enlistments, which shall be Enlistmentsfor
made by virtue hereof, may be for the term of three years, subject to three years, &c.
be discharged by the President of the United States, or by the ceasing or
repeal of the laws providing for the naval armament. And if the marine
corps, or any part of it, shall be ordered by the President to do duty on If ordered to
shore, and it shall become necessary to appoint an adjutant, paymaster, do duty on
quartermaster, sergeant-major, quartermaster-sergeant, and drum and shore, staff offi-
cers how to be
fife-major, or any of them, the major or commandant of the corps, is appointed.
hereby authorized to appoint such staff officer or officers, from the line
of subalterns, sergeants and music, respectively, who shall be entitled,
during the time they shall do such duty, to the same extra pay and
emoluments, which are allowed by law, to officers acting in the same
capacities in the infantry.
SEc. 3. And be it further enacted, That the detachments of the corps Detachments
of marines hereby authorized, shall be made in lieu of the respective of the corps to
quotas of marines, which have been established or authorized for the be in lieu of the
quotas estab-
frigates, and other armed vessels and gallies, which shall be employed lished for the
in the service of the United States: And the President of the United frigates, &c.
States may detach and appoint such of the officers of this marine corps,
to act on board the frigates, and any of the armed vessels of the United
States, respectively, as he shall, from time to time, judge necessary; any
thing in the act "providing a naval armament" to the contrary hereof
notwithstanding.
SEc. 4. And be it further enacted, That the officers, non-commis- They shall
sionedandofficers, privates and musicians aforesaid, shall take the same take an oath;
oath, shall be governed by the same rules and articles of war, as are and how they
prescribed for the military establishment of the United States, and by erned.
the rules for the regulation of the navy, heretofore, or which shall be
established by law, according to the nature of the service in which they
shall be employed, and shall be entitled to the same allowance, in case Allowance in
of wounds or disabilities, according to their respective ranks, as 'are case of wounds,
granted by the act "to ascertain and fix the military establishment of &c.
the United States." Ante, p. 463.
Suc. 5. And be it further enacted, That the non-commissioned of-
chap. 68;' an act for the better organization of the marine corps of the United States, June 30, 1834,
chap. 132 ; an act making certain allowances, and granting certain arrearages to the captains and subal.
terns in the United States corps of marines June 30, 1834, chap. 142.

FIFTH CONGRESS. SEss. IL CH. 73, 74. 1798.
Exemption ficers, musicians, seamen and marines, who are or shall be enlisted into
fiom
debts arrest tbr the service of the United'States; and the non-commissioned officers and
and con.
tracts. musicians, who are or shall be enlisted into the army of the United
States, shall be, and they are hereby exempted, during their term of ser-
vice, from all personal arrests for any debt or contract.
What duty SEC. 6. And be it further enacted, That the marine corps, established
they shall be by this act, shall, at any time, be liable to do duty in the forts and garri-
subject to do. sons of the United States, on the sea-coast, or any other duty on shore,
as the President, at his discretion, shall direct.
STATVTE 11.
July 14, 1798. CHAP. LXXIII.=-.n S2ct establishing an annual salaryfor the Surveyor of the
port (f Gloucester.
[Obsolete.] Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there be allowed
to the surveyor of the port of Gloucester, in the state of Massachusetts,
the yearly salary of two hundred and fifty dollars; to commence from the
last day of March, in the year of our Lord one thousand seven hundred
and ninety-seven.
STATUTE II.
July 14, 1798. CHAP. LXXIV.-,In ilct in addition to the act, entitled "aQn act for the pun-
ishment of certain crimes against the United States."
[Expired.]
Penalty on un. SECTION 1. Be it enacted by the Senate and House qf Representatives
lawful combina- of the United States of America, in Congress assembled, That if any
tions to oppose
the measures ot persons shall unlawfully combine or conspire together, with intent to
government, oppose any measure or measures of the government of the United
&c.. States, which are or shall be directed by proper authority, or to impede
Ante, p. 112. the operation of any law of the United States, or to intimidate or pre-
vent any person holding a place or office in or under the government of
the United States, from undertaking, performing or executing his trust
And with such or duty; and if any person or persons, with intent as aforesaid, shall
intent counsel. counsel, advise or attempt to procure any insurrection, riot, unlawful
ling &c. insur-
rections, riots, assembly, or combination, whether such conspiracy, threatening, coinsel,
&c. advice, or attempt shall have the proposed effect or not, he or they shall
be deemed guilty of a high misdemeanor, and on conviction, before any
court of the United States having jurisdiction thereof, shall be pun-
ished by a fine not exceeding five thousand dollars, and by imprisonment
during a term not less than six months nor exceeding five years; and
further, at the discretion of the court may be holden to find sureties for
his good behaviour in such sum, and for such time, as the said court may
direct.
Penalty on li- SEc. 2. And be it further enacted, That if any person shall write,
belling the go- print, utter or publish, or shall cause or procure to be written, printed,
vernment.
uttered or published, or shall knowingly and willingly assist or aid in
writing, printing, uttering or publishing any false, scandalous and mali-
cious writing or writings against the government of the United States,
or either house of the Congress of the United States, or the President
of the United States, with intent to defame the said government, or
either house of the said Congress, or the said President, or to bring
them, or either of them, into contempt or disrepute; or to excite against
them, or e~ther or any of them, the hatred of the good people of the
United States, or to stir up sedition within the United States, or to ex-
cite any unlawful combinations therein, for opposing or resisting any law
of the United States, or any act of the President of the United States,
done in pursuance of any such law, or of the powers in him vested by

FIFTH CONGRESS. SEss. IL Cu. 75. 1798.
the constitution of the United States, or to resist, oppose, or defeat any

such law or act, or to aid, encourage or abet any hostile designs of any
foreign nation against the United States, their people or government,
then such person, being thereof convicted before any court of the United
States having jurisdiction thereof, shall be punished by a fine not ex-
ceeding two thousand dollars, and by imprisonmenf-hot exceeding two
years.
SEC. 3. And be it further enacted and declared, That if any person Truth or the
shall be prosecuted under this act, for the writing or publishing any libel matter may be
aforesaid, it shall be lawful for the defendant, upon the trial of the cause, given in evi-
dence.
to give in evidence in his defence, the truth of the matter contained in The jury shall
the publication charged as a libel. And the jury who shall try the cause, determine the
shall have a right to determine the law and the fact, under the direction law and the fact,
under the
of the court, as in other cases. court's direc-
SEc. 4. And be it further enacted, That this act shall continue and tion.
be in force until the third day of March, one thousand eight hundred Limitation.
and one, and no longer: Provided, that the expiration of the act shall
not prevent or defeat a prosecution and punishment of any offence
against the law, during the time it shall be in force.
STATUTE IX.
CHAP. LXXV.-n .ct to lay and collect a direct tax within the UnitedStates. July 14, 1798.
SECTION 1. Be it enacted by the Senate and House of Representa- [Obsolete.]
tives of the United States of Amerioa in Congress assembled, That a Act of July 9,
1798, ch. 70.
direct tax of two millions of dollars shall be, and hereby is laid upon the A direct tax
United States, and apportioned to the states respectively, in the manner of two millions
following:- laid.
1802, ch. 12.
To the state of New Hampshire, seventy-seven thousand seven hun- Apportionment.
dred and five dollars, thirty-six cents and two mills.
To thestate of Massachusetts, two hundred and sixty thousand four
hundred and thirty-five dollars, thirty-one cents and two mills.
To the state of Rhode Island, thirty-seven thousand five hundred and
two dollars and eight cents.
To the state of Connecticut, one hundred and twenty-nine thousand
seven hundred and sixty-seven dollars, and two mills.
To the state of Vermont, forty-six thousand eight hundred and sixty-
four dollars eighteen cents and seven mills.
To the state of New York, one hundred and eighty-one thousand
six hundred and eighty dollars, seventy cents and seven mills.
To the state of New Jersey, ninety-eight thousand three hundred and
eighty-seven dollars, twenty-five cents, and three mills.
To the state of Pennsylvania, two hundred and thirty-seven thousand
one hundred and seventy-seven dollars, seventy-two cents and seven
mills.
To the state of Delaware, thirty thousand four hundred and thirty
dollars, seventy-nine cents, and two mills.
To the state of Maryland, one hundred and fifty-two thousand five
hundred and ninety-nine dollars, ninety-five cents, and four mills.
To the state of Virginia, three hundred and forty-five thousand four
hundred and eighty-eight dollars, sixty-sixcents, and five mills.
To the state of Kentucky, thirty-seven thousand six hundred and
forty-three dollars, ninety-nine cents, and seven mills.
To the state of North Carolina, one hundred and ninety-three thou-
sand six hundred and ninety-seven dollars, ninety-six cents, and five
mills.
To the state of Tennessee, eighteen thousand eight hundred and six
dollars, thirty-eight cents, and three mills.

FIFTH CONGRESS. Sass. IL Cii. 75. 1798.
To the state of South Carolina, one hundred and twelve thousand

nine hundred and ninbty-seven dollars, seventy-three cents and nine
mills.
And to the state of Georgia, thirty-eight thousand eight hundred and
fourteen dollars, eighty-seven cents, and five mills.
How it shall SEC. 2. And be it further enacted, That the said tax shall be col-
be collected. lected by the supervisors, inspectors and collectors of the internal reve-
nues of the United States, under the direction of the Secretary of the
Treasury, and pursuant to such regulations as lie shall establish; and
It shall be as- shall be assessed upon dwelling-houses, lands and slaves, according to
sessed on dwell- the valuations and enumerations to be made pursuant to the act, inti-
ing houses,
lands and
tuled "An act to provide for the valuation of lands and dwelling-houses,
slaves; and the enumeration of slaves within the United States," and in the fol-
1798, ch. 70. lowing manner:
At what rate Upon every dwelling-house which, with the out-houses appurtenant
upon dwelling thereto, and the lot whereon the same are erected, not exceeding two
houses, acres in any case, shall be valued in manner aforesaid, at more than one
hundred, and not more than five hundred dollars, there shall be assessed
in the manner herein provided, a sum equal to two tenfths of one per
centum on the amount of the valuation: upon every dwelling-house
which shall be valued as aforesaid, at more than five hundred, and not
more than one thousand dollars, there shall be assessed a sum equal to
three tenths of one per centum on the amount of the valuation: upon
every dwelling-house which shall be valued as aforesaid, at more than
one thousand dollars, and not more than three thousand dollars, there
shall be assessed a sum equal to four tenths of one per centum on the
amount of the valuation: upon every dwelling-house which shall be
valued as aforesaid, at more than three thousand, and not more than six
thousand dollars, there shall be assessed a sum equal to one half of one
per centum on the amount of the valuation: upon every dwelling-house
which shall be valued as aforesaid, at more than six, and not more than
ten thousand dollars, there shall be assessed a sum equal to six tenths of
one per centum on the amount of the valuation: upon every dwelling.
house which shall be valued as aforesaid, at more than ten, and not more
than fifteen thousand dollars, there shall be assessed a sum equal to seven
tenths of one per centum on the amount of the valuation: upon every
dwelling-house which shall be valued as aforesaid, at more than fifteen,
and not more than twenty-thousand dollars, there shall be assessed a sum
equal to eight tenths of one per centum on the amount of the valuation:
upon every dwelling-house which shall be valued as aforesaid, at more
than twenty, and not more than thirty thousand dollars, there shall be
assessed a sum equal to nine tenths of one per centum on the amount of
the valuation; and upon every dwelling-house which shall be valued as
aforesaid, at more than thirty thousand dollars, there shall be assessed a
sum equal to one per centum on the amount of the valuation.
At what rate And upon every slave which shall be enumerated according to the act
upon slaves: aforesaid, there shall be assessed fifty cents.
and the residue And the whole amount of the sums so to be assessed upon dwelling-
of the appor- houses and slaves within each state respectively, shall be deducted from
tionment shall
be assessed up- the sum hereby apportioned to such state, and the remainder of the said
on lands, sum shall be assessed upon the lands within such state according to the
valuations to be made pursuant to the act aforesaid, and at such rate
Saving oflands per centum as will be sufficient to produce the said remainder: Provided,
and houses ex- that no part of said tax shall be assessed upon such lands or dwelling-
ermpted by the houses and slaves as at the time of passing this act are especially ex-
laws of the
states. empted from taxes by the laws of the states, respectively.
SEC. 3. And be it further enacted, That the aforesaid assessments
shall be made by the supervisors of the several districts within the United
States respectively, and pursuant to instructions from the Secretary of

FIFTH CONGRESS. Sass. I. Cn. 75. 1798.
the Treasury; which instructions the said Secretary shall be, and here- Assessments
by is authorized and required to issue to such supervisors or any of them, to be made by
so soon as the valuations and enumerations directed to be made by the the supervisors.
aforesaid act shall have been completed in the state to which such super-
visor belongs. And the said tax shall become due and payable from and When the tax
after the expiration of three months after the instructions aforesaid shall shall become
if, on
have been received by the supervisors respectively: Provided,that
maki'ig the assessments as aforesaid, it should appear that the sums so
to be assessed on houses and slaves within any state will exceed the sum What is to be
hereby apportioned to such state, then the supervisor shall be, and here- done, if assess-
by is authorized and required to deduct from the sums so to be assessed mentson houses
and slaves ex-
on houses, such rate per centum as shall be sufficient to reduce the whole ceed the appor.
anount of the said assessments, to the sum apportioned to such state, ment.
as aforesaid.
SEc. 4. And be it further enacted, That the said supervisors shall Supervisors
be, and hereby are authorized and required to appoint such and so many shell appoint
suitable persons in each assessment district within their respective dis- collectors.
tricts, as may be necessary for collecting the said tax, and shall assign
to them, respectively, their collection districts therein ; which persons
shall be collectors within their respective collection districts, and shall
collect the said tax under the direction of the supervisors respectively,
and according to the regulations and provisions contained in this act,
or to be established pursuant thereto.
SEc. 5. And be it further enacted, That so soon as the aforesaid as- Surveyor of
sessment shall have been completed, the said supervisors shall, by special the revenue to
warrants, under their hands, respectively, cause the surveyors of the make out lists
of taxes.
revenue within their respective districts, to make out lists containing the
sums payable, according to such assessments, for every dwelling-house,
tract or lot of land, and slave, within each collection district, respect-
ively; which lists shall contain the name of the proprietor or occupant
of each dwelling-house, tract or lot of land and slave, within the collec-
tion district, or of the person having the care or superintendence of
them, or any of them, where such proprietor, occupant or superintend-
ent is known, and the whole sum payable by each person within' the said
district, distinguishing what is payable for dwelling-houses, what for
slaves, and what for lands. And where there are lands, slaves or dwel-
ling-houses within any collection district, not owned, or occupied by, or
under the care or superintendence of any person resident therein, there
shall be a separate list of such lands, dwelling-houses and slaves, specify.
ing the sums payable for each, and the names of the proprietors or
superintendents, respectively, where known.
SEC. 6. And be it further enacted, That each of the collectors, to be Collectors to
appointed as aforesaid, shall be furnished by the surveyor of the revenue be furnished
for the assessment district within which he shall have been so appointed, wt lists.
with one or more of the said lists, signed and certified by such surveyor.
And each collector, on receiving a list as aforesaid, shall subscribe three
receipts; one of which shall be given on a full and correct copy of such
list, and the other two on aggregate statements thereof, exhibiting the
number and valuation of dwelling-houses, the number of slaves, and the
amount of the valuation of lands in such collection district, with the
amount of the taxes assessed thereon. And the list first mentioned, and
receipt, shall remain in .the office of the surveyor of the revenue, and
shall be opened to the inspection of any person who may apply to inspect
the same; and the aggregate statements and receipts aforesaid, shall be
transmitted to the inspector of the survey, and one of them shall be by
him transmitted to the supervisor of the district.
SEc. 7. And be it further enacted, That each collector, before receiv- Collectors to
ing any list as aforesaid, for collection, shall give bond, with one or give bond.

FIFTH CONGRESS. SEss. II. Cii. 75. 1798.
more good and sufficient sureties, in at least double the amount of the
taxes assessed on the collection district for which he may be appointed;
which bond shall be payable to the United States, with condition for
the true and faithful discharge of the duties of his office, according to
law, and particularly, for the due collection and payment of all monies
assessed upon such district.
Tax to be a Sec. 8. And be it farther enacted,That the aforesaid tax shall be, and
lien upon the remain a lien upon all lands, and other real estate, and all slaves, of the
land, &c. individuals who may be assessed for the same, during two years after the
time when it shall become due and payable according to this act; and
the said lien shall extend to each and every part of all tracts or lots of
land, or dwelling-houses, which shall be valued according to the afore-
said act,,notwithstanding the same may have been divided or alienated,
in part, unless an apportionment of the valuation thereof shall have been
made and recorded pursuant to the aforesaid act, prior to the time
when the collection lists shall have been stated, in manner herein before
prescribed.
How the col- Sec. 9. And be it further enacted, That each of the said collectors
lectors shall de- shall, immediately after receiving his collection list, advertise, by notifi-
mand and en- cations, to be posted up in at least four public places in each collection
force payment, district, that the said tax has become due and payable and the times and
places at which he will attend to receive the same; and, in respect to
persons who shall not attend, according to such notifications, it shall be
the duty of each collector to apply once at their respective dwellings,
within such district, and there demand the taxes payable by such per-
sons; and if the said taxes shall not be then paid, or within twenty days
thereafter, it shall be lawful for such collector to proceed to collect the
said taxes, by distress and sale of the goods, chattels or effects of the
persons delinquent as aforesaid, with a commission of eight per centum
upon the said taxes, to and for the use of such collector : Provided, that
it shall not be lawful to make distress of the tools or implements of a
trade or profession, beasts of the plough necessary for the cultivation of
improved lands, arms, or the household utensils, or apparel necessary for
a family.
SEc. 10. And be it further enacted, That except, as aforesaid, all
goods, chattels, and personal effects whatever, being or remaining on
lands, subject to the said tax; and all grass, or produce of farms, stand-
ing arid growing thereon, shall and may be taken and sold for the pay-
ment of the said tax, under such regulations as have been or may be
made for the sale of goods or effects taken and sold by distress: Pro-
vided, that nothing herein contained shall invalidate or impair any con-
tract or agreement between any landlord, tenant, or other person, relative
to the payment of taxes.
Provision for SEc. 11. And be it.further enacted, That in respect to lands, dwelling-
the case where houses and slaves, which shall not be owned by, or in the occupation,
lands, &c. are or under the care or superintendence of some person within the collec-
not possessed d
by a person in tiou district where the same shall be situated or fund at the time of
the collection the assessment aforesaid, the said collectors respectively, upon receiving
district, lists of such lands, dwelling-houses, or slaves, in manner aforesaid, shall
transmit copies of such lists, certified under their hands respectively, to
the surveyors of the revenue for the assessment districts respectively
within which the persons owning, or having the care and superinten-
dence of such dwelling-houses, lands, or slaves, may reside, if such per-
sons be known, together with a statement of the amount of taxes assessed
as aforesaid upon such dwelling-houses, lands or slave's, respectively, and
a notification to pay, or cause to be paid the said taxes to the said col-
lectors respectively, within thirty days after such notification shall be
served as is herein provided ; which copies, statements and notifications

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Citation: 1 Stat. 401 1789-1799

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IV. RESOLVED by the Senate and House of Representatives of the [Obsolete.]

V. RESOLVED by the Senate and House of Representatives of the [Obsolete.]

V1. REsoLvzD by the Senate and House of Representatives of the [obsolete.]

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Amendment VIII. RESOLVED by the Senate and House of Representatives of the

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compensation, as is or may be allowed by law, to the members of the

Dec. 12,1794. CHAP. III.-nde the act

[Expired.] SECTION 1. Be it enacted by the Senate and House of Representatives

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collectors of the revenue, in relation to the embargo, five hundred

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CHAP.XVII .-- A .et making-furtherprovision in cases of Drawbacks. Jan. 29, 1795.

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than three months; in which case, such debenture shall be payable in

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(a) See note to act of May 8, 1792, chap. 37.

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[Obsolete.] SECTION 1. Be it enacted by the Senate and House of Representatives

Bank or U. SECTION 1. Be it enacted by the Senate and House of grpriscnfatives

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SECTION 1. Be it enacted by the Senate and House of Representatives [Obsolete.]

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tendence and control of the department of the treasury according to the

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to cause to be carried the unexpended residue thereof, to the said

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which may hereafter be directed and established by the accounting offi-

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