3dibram

N THE CUSTODY OF THE

BOSTON PUBLIC LIBRARY.

SHELF N°

ADA as

or.fr

fnt

LAWS

OF THE

UNITED STATES

IN THREE VOLUME!

VOL. II.

PUBLISHED BT AUTHORITY.

P'HJL AD EL PHI A:

t XI NT ED BY RICHARD SOL WELZ, No. 33, MULBERRY-STREET,

V*4«s

— ujjxi-^gafeaa."- ^mrrc

C T S

PASSED AT THE

FIRST SESSION

OF THE

SECOND CONGRESS

OF THE

United States of America,

BEGUN AND HELD AT THE CITY OF PHILADELPHIA-^

In the State of Pennsylvania, on Monday, the Twenty-Fourth of 06lobers

IN THE YEAR M,ncCp£CI : AND OF THE

Independence of the United States

THE SIXTEENTH.

e ju&sjmubujl .' /'.j ■■■g'aftt-.j.ifl'ia TgLtasr.Tmwftg

ACTS

OF

O N G RE S S.

««fr»..~,j..i»ilumii.iM,

CHAPTER I.

fn Ac! granting farther Time for making Re- turn of the Enumeration of the Inhabitants in the Di/iricl of South-Carolina.

E it enacted by the Senate and'Hjufe of Re* ,

prefentatives cf the United Slates of Ame- rica in Congrefs affembied^ That it (hall be law- ful for the manual of the diftrict of South- Carolina to complete and make return of the Ti:"e ^T enumeration of the inhabitants of the faid dif- tum'ef-* tricl, to the Prefident of the United States,- in ^nded to the form and manner prefcribed by the aft, /7^. intituled, " An a£t providing for the enume- ration of the inhabitants of the United States/' St any time on or before the firft day of March Siext, any thing in the faid acl to the contrary fiotwithftanding.

JONATHAN TRUMBULL, Speaker

of the Houfe of Reprefentatives.

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

Approved, November the eighth, 179 1 ; GEORGE WASHINGTON,

Prefident of the United States-

r 6 ]

C H AFTER II.

An Aft for the Relief of David Cook and Tho- mas Campbell.

Section i. "13 E li enacled by the Senate and jj^jl Honfe cf Reprefenfafives of the United States cf America, in Congrefs a(je?nbled, j->. Cook That David Cook, a captain of artillery in the srihnred a late war, and who. being mot through the ho- ' dy at the battle of Monmouth, is rendered in- capable to obtain his livelihood by labor, mall be placed on the penfion-lift of the United States, and mall be entitled to one-third of his. monthly pay, as a captain of artillery : Prc- ?. j ^ided, That he return into the treafury-office,

a fum equivalent to two-thirds of his commu- tation cf half-pay, being the proportion of his penfion to the amount of his commutation.

Sec. £. And be it further enacted, That Tho- . mas Campbell be placed on the penficn-lift, and that ihe half-pay of a captain of infantry t Campj be allowed to the laid- Thomas Campbell, wjfio hl- has been fo injures by repeated wounds in the

fervice of Ins country, that lie is unable t.o.fup- port himfelfby labor: Provided, That he re- turn into the treafury-office afum equivalent to the whole cf his commutation cf half-pay.

JONATHAN TRUMBULL, Speaker cf the Hoicfe of Reprefentati%cjs. JOHN ADAMS, Vicc-Prefideni file United States, and Prefident of the Senate.

^Approved, December flxtcenth, 1 791 :

GEORGE WASHINGTON, Prk'fid&d sf'i'he United States*

I 7 3

C H A P T E R III.

An Acl making Appropriations for the Support cf Government for the Tear one thoufand feven hundred and ninety-two.

Section i . TTB E it enuCled by the Senate and jL3 Houfe of Reprefen'aii-ves cfthe United States of America, in Congrefs ajfembled., That for the fervice of the year one thoufand SpeciSc^ feven hundred and ninety-two, and the fup- g™*Jr{£ port of the civil lift of the United States, in-7 37^. eluding the incidental and contingent expenfes of the feveral departments and offices thereof, there mail be appropriated a fum of money not exceeding three hundred and twenty-nine thou- fand, fix hundred and fifty-three aollars, and civiriiit fifty- fix cents ; that is to fay,

For the compenfations granted by law to the tio^roTi7J Prefident of the United States, the Vice-Prefi- p»fi4ent dent, Chief Juftice, AfTociate Judges, and At- pjeiidenu lorney General, fifty-three thoufand dollars. ^^ aild

■ . attorney- '

F©r the like compenfations to the Diftricl: general; Judges, nineteen thoufand eight hundred dol- difirict lars. ju-es;

For the like compenfations to the members members of the Senate and Houfe of Representatives, —/'SSfr and the officers and attendants of the two ofRepfe-' Houfes, eftimated on a feffions of fix months officSSd continuance, and including the travelling ex- attendants; penfes of the members, one hundred and twen- ty-nine thoufand, £even hundred and thirty

dollars. Secretary

• For the like compenfations to the Secretary of the tre" and officers of the feveral departments of the fiuy,<fcrfa Treafury of the United States 'including clerks daat^and ar/d attejadgnts, a.nd tjje fahries of the refpec- loaa oS"

:?:\>.

t 8 3

Kvc loan-officers, fixfy thoufand three hundred!

dollars-. Compeura- For the like compenfations to the Secretary Trctar/' of" aml officers of the department of State, fix natd and thoufand three hundred dollars.

Secretary ^ or the ^ke compenfations to the Secretary of war and and officers of the department of War, nine ° "' thoufand fix hundred dollars. Bodi-dcom- For the like compenfations to the members de&r&e- of the Board of Commiffioners, for the fettle- rnent of the accounts between the United States and the individual ftates, including clerks and attendants, thirteen, thoufand one hundred dol- lars. Governors, For the like compenfations to the Gover- othfroffi- nor's, judges and other officers of the Weftern cers of w. Territory of the United States, including con- tuncory. tingencies-, eleven thoufand dollars.

For the payment of the annual- grant to B.steufcen, Baron Steuben, purfuantto an act of Congrefs,i

two thoufand five hundred dollars,' jtenfions. For the payment of fundry pen-lions grant-

ed by the late government, two thoufand fever*

hundred and fixty-feven dollars, and feventy-

three cents.

incidental' For defraying all other incidental and con- cwinift °f thigent expenfes of the civil lift eftabMfhment, &c.andtrie including firewood,- ftationary, together with atcoHgreS tne printing work, and all other contingent &c expenfes of the two Houfes of Congrcfs, rent

and office-expenfes of the three feveral depart- ments, namelv, Treafury, State, War, and of the General Board of Commiffioners, twenty- one thoufand five hundred and fifty-five dol- lars, and eighty-three cents.

Sec. 2. And he it further enacled, That the

t 9 J ''

'cbnipenfation to the door-keepers of the two T«»thedoo* Houies, for fervices which have been hereto- scpers* fore rendered, or may be rendered in the recefs of Congrefs for the year one thoufand feven hundred and ninety-two, and certified by the President of the Senate or Speaker of thelioufe of Reprefentatives, in manner required by law, for like fervices during feflions, mall- be dif- charged out of the money herein before appro- priated for the contingent expenfes of the two Houfes of Congrefs*

Sec. 3. And be it fur the?- enacted, That for difcharging certain liquidated claims upon the *™ \}^ai United States, for making good deficiencies in claims, de- ormer appropriations for the fiipport of the cfvfnift51" civil lifi-eftablilnmentj and for aiding the fund payment of appropriated for the payment of certain officers ff Marts'0' of the courts, jurors and witneffes, and for the & ten cut* eftablifhment of teii cutters.; there mall be ap- ters' propnated a funl of money not exceeding one hundred and ninety-feven thoufand., one hun- dred, and nineteen dollars, and forty-nine cents j that is to fay.

For difcharging a balance due on a liquida- ted claim of his moft Chriflian Majefty ag'ainft Balance the United States, for fupplies during the late ^riffia war, nine thoufand and twenty dollars, and majefty, fixty-eight cents*

For payment of the principal and intereft on . a liquidated claim of Oliver Pollock, late com- o.aFoVockf iiiercial agent of the United StateSj at New- Orleans, for fupplies of clothing, arms and military ftores, during the late war, one hun- dred and eight thoufand, fix hundred and five dollars, and two cents: Provided^ That the Faid monies be aot paid to the faid Oliver Pol*

Vol. II, B

[ 1° ]

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

dcfofd'vii ^or ma^nK g°°d deficiencies in the laft ap-

iift. propriations for the compenfations to fundry

officers of the civil lilt-eltablifhment, five thou-

land four hundred and feventy-one dollar's.

For fundry f61. defraying fundry authorized expenfes to

cxpcuics. J O J A

tlie commiffioners of loans in the feveral ftates, twenty-one thoufand dollars.

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

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

For making good a deficiency in former ap- propriations, to difcharge the expenfes ":o cleiks, jurors and witneffes in the courts of the United States, five thoufand dollars.

For the maintenance and repair of iight- houfess beacons, piers, flakes and ouoys, fix- teen thoufand dollars.

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

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

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

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

Sec. 4. And be it further enabled, That for

[ « 1

the fuppoft of the military eftablifhment of the For miiiu- United States, in the year one thoufand feven ryeftabKfh- hundred and ninety-two, the payment of the x*g2. annual allowances to the invalid penfioners of the United States, for defraying all expenfes incident to the Indian department, and for de- fraying the expenfes incurred in the defenfive protection of the frontiers againft the Indians, during the years one thoufand feven hundred and ninety, and one thoufand feven hundred and ninety-one, by virtue of the authority vef- ted in the President of the United States, by the acts relative to the military eftablifhment, palfed the twenty-ninth of September, one thoufand feven hundred and eighty-nine, and the thirti- eth of April, one thoufand feven hundred and ninety, and for which, no appropriations have been made, there fhall be appropriated a fum of money, not exceeding five hundred and thir- ty-two thoufand, four hundred and forty-nine dollars, feventy-fix cents, and two thirds of a. cent ; that is to fay,

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

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

For clothing, forty-eight thoufand dollars.

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

For the hofpital-department, fix thoufand dollars.

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

For the ordnance department, feven thou-

c M j

fand two hundred and four dollars and fixty-. four cents,

For the contingent expenfes of the war de- partment, including maps, hire of exprefles, allowances to officers for extra-expenfes j print- ing, lofs of ftores of ail kinds, advertifing and apprehending deferters, twenty thoufand dol- lars. Ccmpenf»r J?oy the difcharge of certain funis due for tf'iy officers", pay and fubfiftence of fundry- officers of the &c- late army, and for pay of the late Maryland

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

„ . ,. , For the payment of the annual allowances

To ' mva4id . . . , A J n . , r . r ^

penfioners. to invalid penfioners, eignty-leven tnouland four hundred andfixty-three dollars, fixty cents, and two thirds of a cent, Indian de- For defraying all expenfes incident to the par mqn .. jnjjan department, authorized by law, thirty-- nine thoufand four hundred and twenty-four dollars, and feventy-one cents,, frontiers, For defraying the expenfes incurred in the defenfive protection of the frontiers, as before recited, thirty-feven thoufand, three hundred and thirty-nine dollars, and forty-eight cents. Sec. 5. And he it further enacled^ That the ibr^he f^ feveral appropriations, herein before made, (hall veraiap. be paid and difcharged out of the funds follow^ Km" ing, to wit ; firll,' out of the fum of fix hun- dred thoufand dollars, which, by the acl:, inti-. tuled, " An acl making provifion for the debt of the United States," is referved, yearly, for the fupport of the government of the United States, and their common defence j andfecond-* Jy, out of fuch furplus as fliall have accrued to,

[C *3 p

the end of the prefent year, upon die revenue? heretofore eftablifhed, over and above the funis neceffary for the payment of intereft on the public debt during the fame year, and for fa- tisfying other prior appropriations.

JONATHAN TRUMBULL, Speaker

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

States, and Prefident of the Senate » Approved, December twenty-third, 1791 : GEORGE WASHINGTON, Prefident of the United States*

nw.TiflUSBJa i1 y,'ft.ira

CHAPTER IV.

Jin Act for carrying into Effect a Contract be-> tween the United States and the State of Penn" fyhania.

1 OR duly conveying to the ftate of Penn- fylvania a certain tract of land, the right to the government and jurifdidlion whereof was relinquifhed to the faid ftate by a refolutioh of Congrefs of the fourth day of September, in the year one thoufand feven hundred and eighty eight, and whereof the right of foil has been . fold by virtue of a previous refolution of Con- grefs of the fixth day of June in the faid year ;

Be it enacted by the Senate and Houfe of Re- frs.& of prefentatives of the United States of America in ,and con- Congrefs affembled, That the Prefident of the Pennfyiva- United States be authorized, on fulfilment of ™a on cer- jhe terms ftipulated on the part of the ftate of dona™" l"

i

l U ]

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

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefenta lives. JOHN ADAMS, Yice-Prefident of the United

States , and Prefident of the Senate. Approved, January the third, 1792 :

GEORGE WASHINGTON, Prefident of the United States.

CHAPTER V.

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

Sec. 1. "13 E it enacled by the Senate and Jt3 Hot/fe °f Reprefentatives of the

United States of America, in Congrefs ajfembled, Board com- That the powers of the Board of Commiflion- for tmi& ers, which, by an act paffed in the fecond fef- m&rftofac. flon 0f the fij-ft Congrefs, was eftablifhed to ikiTedtm"' fettle the accounts between thg United States J??3- and individual ftates, fhall continue until the

firft day of July, one thoufand feven hundred

and ninety-three, unlefs the bufmefs fhall be

fooner accompliihed.

Sec. 2. And be it further enacled, That the

aforefaid a£t fhall extend to the fettlement of

C '5 1

the accounts between the United States and To fettfe the ftate of Vermont : and that until the firft with Ver- day of December next, (hall be allowed for the mont' faid ftate to exhibit its claims.

Sec. 3. And be it further enacled, That from and after the palling of this aft, the pay of the Pra^c°fal principal clerk of the faid Board fhall be the clerk, fame as the pay of the principal clerk in the Auditor's office.

JONATHAN TRUMBULL, Speaker

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

Approved, January the twenty-third, 1792-: GEORGE WASHINGTON,

Prefident of the United States.

CHAP T E R VI.

An Acl concerning certain Fijherics of the United Slates, and for the Regulation and Government of the Fifnermen employed therein.

Section 1 . "Wy E it enacled by the Seriate and _J~J| Houfe of Rcprejhitcrtives cf the' United Sta.tes of America in Congrefs aff'embled^ That the allowance now made upon the expor- A]lowance tation of dried fifh of the fifheries of the United in lieu of States, in lieu of a drawback of the duties paid ^p*rL on the fait ufed in preserving the fame, fhall tkm of dri- ceafe on all dried fifh exported after the tenth jJJJJf day of June next, and as a commutation and juie 1 792.. equivalent therefor, there fhall be afterwards

and as an pa]j on the laft day of December annually, to

equivalent, *, r rr 1 1 • i i

eachfifliF the owner or every veiiel or his agent, by the "li vc?1 collector °f the diftrid where fuch veiiel may fiim at- belong, that fhall be qualified agreeably to law, coding to for carrying on the bank and other cod fifli- to exceed eries, and that mall actually have been employ- 170 dollars. cc\ therein at fea for the term of four months at the leaft, of the fifhing feafon, next preced- ing which feafon is accounted to be from the laft day of February to the laft day of Novem- ber in every year, for each and every ton of fuch veffePs burthen according to her admea- furement as licenfed or enrolled,, if of twenty tons and not exceeding thirty tons, one and an half dollars ; and if above thirty tons,' two and an half dollars j of which allowance afore- i^id, three-eighth parts mall accrue and be- long to the Owner of fuch fifhirtg veffel, and the other five eights thereof mall be divided by him, his agent or lawful reprefentative, to and among the feveral fifhermen who fhall have been employed in fuch veffel during the feafon aforefaid, or a part thereof, as the cafe may be, in fuch proportions as the fifh they (hall re- fpeclively have taken may bear to the whole quantity of nih taken on board fuch veffel dur- ing fuch feafon : Provided* That the allow- ance aforefaid on any one. veiiel, for one fea- fon, fhall not exceed one hundred and feven- ty dollars.

Sec. 2. And be it further enacled, That on

Annual ai- the laft dav of December annually, as afore-

SSvrf- faid> there 'fhall alfo be paid to the owner of

-jch above 5 every timing boat or veffel of more than five

tons, and lefs than twenty tons, or to his agent

or lawful reprefentative, by the collector of the

diftrict where fuch boat or veffel may belong,

the fum of one dollar upon every ton admea-

C '7 ]

furement of fuch boat or veffel ; which allow- ance Avail be accounted for as part of the pro- ceeds of the fares of faid boat or veffel, and fhall accordingly be fo divided among all per- sons interefted therein : Provided however, That this allowance fhall be made only to fuch boats or veffels as mall have actually been em- ployed at fea in the cod filhery for the term of four months at the lead of the preceding fea- fon : And provided alfo, That fuch boat or veffel mall have landed in the courfe of faid d hat preceding feafon, a quantity of filh not lefs regulations, than twelve quintals for every ton of her ad-, meafurement ; the faid quantity of fifh to be afcertained when dried and cured fit for ex- portation, and according to the weight thereof, as the fame mall weigh at the time of delivery when actually fold ; which account of the weight, with the original adjuftment and fet- tlement of the fare or fares among the owners -and fiihermen, together with a written account of the length, breadth and depth of faid boat or veffel, and the time flic has actually been employed in the fifhery in the preceding fea- fon, fhall in all cafes be produced and fworn or affirmed to, before the faid collector of the dif- trict, in order to entitle the owner, his agent or lawful reprefentative, to receive the allowance aforefaid. And if at any time within one year after payment of fuch allowance, it fhall ap- pear that any fraud or deceit has been praclifed in obtaining the fame, the boat or veffel upon which fuch allowance fnall have been paid, if found within the diftrict. aforefaid, fhall be for- feited ; otherwife the owner or owners having praclifed fuch fraud or deceit, mall forfeit and pay one hundreddollars ; tobefued for, recover- ed and appropriated in like manner as forfeitures Vol. II. G

£ is ]

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

or veffels."

Sec. 3. And be it further enabled, That the fifbhiTvef- owner or owners of every fifhing veffel of ids how to twenty tons and upwards, his or their agent cbtahithe0 or lawful representative, mall previous to re- allowances ceiving the allowance which is provided for in thfsaa. y this a&3 produce to the collector who is authori- zed to pay the fame, the original agreement or agreements which may have been made with the fifliermeil employed on board fuch veffel, as is •herein before required, and alfo a certificate to hz by him or them fubferibed, therein men- tioning the particular days on which fuch vef- fel failed and returned on the feveral voyages or fares, me may havemade in the preceding fifhing feafon, to the truth of which they mall iwear or affirm before the collector aforefaid.

Sec. 4. And he it further enacled, That no ihip or veffel of twenty tons or upward:;, em- ployed as aforefaid, mail be entitled to the al- lowance granted by this act, unlefs the napper or mafter thereof mall, before he proceeds on any fifhing voyage, make an agreement in wri- ting or in print, with every fifherman employ- ed therein, excepting only any apprentice or fervant of himfelf or owner ; and in addition to fuch terms of fhipment as may be agreed oh, fhall in fuch agreement exprefs whether the fame is to continue for one voyage or for the fifhing feafon, and fhall alfo exprefs that the flih cr the proceeds of fuch fifhing voyage or

C '9 ]

voyages which may appertain to the fimermen, owners of fhaii L>e diviaed among them in proportion to fds b°w to the quantities or number of faid fifti they may proceed to refpeclively have caught ; which agreement allowances fhall be endbrfed or counterfigned by the own- granted hf er of fuch foiling veffel, or his agent : And if 1Ibai" ' an] fiffye/nian having engaged himfelf for a voyage or for the fifhing feafon, in any timing veffel, and figned an agreement therefor as afor*efaid, (hall thereafter and while fuch a^ree- ment remains in force and to be performed, defert or abfent himfelf from fuch veffel, with- out leave of the mailer or fkipper thereof, or of the owner or his agent, fuch deferter mall be liable to the fame penalties as deferring fea- men or mariners are fubjecl to in the mer- chant's fervice, and may in the like manner, and upon the like complaint and proof, be appre- hended and detained j and all coils of procefs and commitment if paid by the mailer or own- er, ihall.be deducted out of the (hare of fifh, or proceeds of any fifhing voyage to which fuch deferter had or mail become entitled. And any fifherman, having engaged himfelf as aforefaid, who mall during fuch liming voyage, refufe or neglect his proper duty on board the fifhing veffel, being thereto ordered or requir- ed by the mafler or fkipper thereof, or fhall otherwife refifl his jufl commands, to the hin- drance or detriment. of fuch voyage, befide being anfwerable for all damages anting* there- by, mail forfeit to the ufe of the owner of fuch veffel, his fhare of the allowance, which fhall be paid upon fuch voyage as is herein granted. Sec. 5. And be it further enacted, That where an agreement or contract fhall be fo made and tigned, for a timing voyage or for the fifhing feafon, and any fiih which may have been

[ 20 ]

fin"-ncJSO/ cailgQt on board fuch veffel during the fame, te»s hbw tJ ftall be delivered to the owner or to his agent, proceed to for cure, and fhall be fold by faid owner or allowances agent, fuch veffel mall for the term of fix gmmed by m0nths after fuch fale, be liable and anfwera- ble for the fkipper's and every other fifher- man's fhare of fuch fifh, and may be proceeded againft in the fame form, and to the fame ef- fect as any other veffel is by law liable, and may be proceeded again ft for the wages of feamen or mariners in the merchant's fervice. And upon fuch procefs for the value of a fhare - or fhares of the proceeds of hfh delivered and fold as aforefaid, it mail be incumbent on the Owner or his agent, to produce a juft account of the fales and divifion of fuch fifh according to fuch agreement or contract, otherwife the faid veffel (hall be anfwerable upon fuch pro- cefs for what may be the highelt value of the fhare or fhares demanded. But in all cafes, the owner of fuch veffel or his agent, appear- ing to anfwer to fuch procefs, may offer there- upon his account of general fupplies made for fuch fifhing voyage, and of other fupplies there- for made, to either of the demandants, and fhall be allowed to produce evidence thereof in an- fwer to their demands refpeclively, and judg- ment fnali be rendered upon fuch procefs, for the refpe&ive balances, which upon fuch an enquiry fhall appear : Provided altvays, That when procefs fhall be iffued againft any veffel liable as aforefaid, if the owner thereof or his agent will give bond to each fifherman in whofe favour fuch procefs fhall be inftituted, with fufficient fecurity, to the fatisfaction of two pftices of the peace, one of whom fhall be named by fuch owner or agent, and the other fey the fiherman or fimermen purfuing fuch

c 2. 1

procefs ; or if either party fhall refufe, then the juflice f]ril appointed fhall name his affoci- ate, with condition to anfwer and pay what- ever fum mail be recovered by him or them on fuch procefs, there mail be an immediate dis- charge of fuch veflel : Provided, That nothing herein contained mail prevent any fifherman from having his action at common law, for his iliare or mares of fifh, or the proceeds thereof as aforefaid. t

Sec. 6. And be it further enacled, That the Drawback, drawback heretofore allowed on the exporta- on ialted tion of foreign dried and pickled fifh, and repealed^ other foreign faked provifions, be and the and fame is hereby repealed.

Sec. 7. And be it further enacled. That the mon;es arjL monies which fhall remain in confequence of fi«g tfore- the abolition, of the allowance on the exporta- pr00prtplCd tion of the dried filh of the United States, and to pay &i- of the drawback on foreign dried and pickled gZrS\y fifh, and other foreign faked provifions, be, thUafls) and the fame are hereby appropriated to the payment of the allowances granted by this act., and in cafe the monies fo appropriated fhall be inadequate, the deficiency mail be fupplied out of any monies which from time to time mall be in the treafury of the United States, and not otherwife appropriated.

Sec. 8. And be it further enacled, That any perfon who fhall declare falfely in any oath or ?eri"l}J °» affirmation required by this act, being duly falfely. convicted thereof in any court of the United States, having jurifdiclion of fuch offence, fhall fuffer the fame penalties as are provided for falfe fwearing or affirming, by the act before- mentioned, and to be in like manner fued for, recovered and appropriated.

t « ]

Limitation. Sec. 9* ^n^ ^c ?f farther enacted, That this aft fhall continue and be in force for the term of feven years, and from thence to the end of the next lemon of Congrefs, and no longer.

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentathes. JOHN ADAMS, Vice-Prcfident of 'the United

States, and Prefident of the Senate. Afproved, February fixteenth, 179- ;

GEORGE WASHINGTON, Prefident of the United Slates.

CHAPTER VII.

An Act to eflablifh the Pofi-Officeand Po/2-Rcads

within the United States.

(repealed.)

CHAPTER VIII.

An Acl j-elati<ve to the Eleclion of a Prefident and Vice -Prefident of the United States, and declar- ing the Officer who fhall act as Prefident in Cafe of Vacancies in the Offices both of Prefi- dent and Vice-Prefide?it. Section i."jn|E it enacled by the Senate and J|3 Houfe of Reprefenfatives of the states kow United States of America in Congrefs affembled, to appoint That except in cafe of an eleclion of a Prefident ekaiono/ ^nc^ Vice-Prefident of the United States, prior prefident & to the ordinary period as hereinafter fpecified^ den* fre " electors mall be appointed in each ftate for the election of a Prefident and Vice-Prefident of the United States, within thirty-four days pre- ceding the firil Wednefday in December, one moufand £even hundred and ninety-two, and

C 23 3

within thirty-four days preceding the firft Wed* nefday in December in every fourth year fuc- ceeding the laft election, whjch electors mall be equal to the number of Senators and Reprefen- tatives, to which the feveral dates may by law be entitled at the time, when the Prefident and Yice-Prefident, thus to be chofen, mould come into office : Provided always t That where no apportionment of Reprefentatives mail have been made after any enumeration, at the time of chufing electors, then the number of elec- tors mail be according to the exifting appor- tionment of Senators and Reprefentatives.

Sec. 2. And be it further enarled, That the when t© electors fliall meet and give their votes on the meet aud

o vote •

faid firft Wednefday in December, at fuch place in each ftate as mail be directed by the legifla- ture thereof ; and the electors in each ftate mail make and fign three certificates of all the votes to %» 3 by them given, and iha.ll feal up the fame; cer- ofaii th.e drying on each that a lift of the votes of fuch votesgivea, ftate for Prefident and Vice-Prefident is con- i10w t0 be tained therein, and mail by writing under their difpofedof, hands, or under the hands of a majority of them, appoint a perfon to take charge of and deliver to the Prefident of the Senate, at the feat of government before the firft Wednefday in January then next enfuing, one of the faid certificates, and the faid electors fliall forthwith forward by the poft-office to the Prefident of the Senate, at the feat of government, one other of the faid certificates, and fliall forth- with caufe the other of the faid certificates, to be delivered to the judge of that diftrict in which the feid electors fliall affemble.

Sec. 3. And be it further enacted, That the Duty of ex- executive authority of each ftate mall caufe ^^S three lifts of tlje names of the elector^ of fuch

r 24 ]

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

of Sec. of Sec. 4. And be it further enacled. That if a ftate on lift of votes, from any ftate (hall not have been

non-receipt , T r J r- i r • 1

of im of received at the feat ot government on the laid rotes. firft Wednefday in January, that then the Se- cretary of State fhall fend a fpecial meffenger to the diftrict judge, in whofe cuftody fuch lift fhall have been lodged, who fhall forthwith tranfmit the fame to the feat of government. Congrefsto Sec. 5. And be it further enacted, That Con- on^/wed11- grefs fl^11 be infpffion on the fecond Wednef- nrfday in day in February, one thoufand feven hundred Feb. 1793. anj nineiy-three, and on the fecond Wednef- day in February fucceeding every meeting of the electors ; and the faid certificates, or fo ma- ny of them as fhall have been received, mall then be opened, the votes counted, and the perfons who fhall fill the offices of Prefident and Vice-Prefident afcertained and declared, agreeably to the Conftitution. Duty of Sec. 6. And be it further entitled, That in

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

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

to theni. perfons appointed by the electors to deliver the

lifts of votes to the Prefident of the Senate,

fhall be allowed on the delivery ?f the faid lifts

votes ;

allowance

t 35 ]

twenty-five cents for every mile of the eflima- ted diftance by the mod ufual road, from the place of meeting of the electors, to the feat of government of the United States.

Sec. 8. And be it further enacted, That if Penalty on any perfon appointed to deliver the votes of *eir ne- ttle electors to the Prefident of the Senate, ty! mail after accepting of his appointment, neglect to perform the fervices required of him by this act, he mall forfeit the fum of one thoufand dollars.

Sec. 9. And be it further enacted, That in provifion cafe of removal, death, refignation or inability *n c*fe ^ , both of the Prefident and Vice-Prefident of the of pr'di United States, the Prefident of the Senate pro den'! fndv° tempore, and in cafe there fhall be no Prefident of the Senate, then the Speaker of the Houfe of Reprefentatives, for the time being, fhall a6l as Prefident of the United States until the dis- ability be removed or a Prefident fhall be elected.

Sec. 10. And be it further enacted, That duty of s. whenever the offices of Prefident and Vice- «f(|at,-"on

lucn event«

Prefident fhall both become vacant, the Secre- tary of State fhall forthwith caufe a notifica- tion thereof to be made to the executive of every flate, and fhall alfo caufe the fame to be publifhed in at leafl one of the newfpapers printed in each flate, fpecifying that electors of the Prefident of the United States fhall be ap- pointed or chofen in the feveral ftates within thirty- four days preceding the firfl Wednefday in December then next enfuing : Provided, There fhall be the fpace of two months be- tween the date of fuch notification and the faid firfl Wednefday in December; but if there fhall not be the fpace of two months between the date of fuch notification and the firfl Wednef- Vol. II. D

C 26 J

day in December, and if the term for wnicfif the Prefident and Vice-Prefident laft in office were elected mall not expire on the third day of March next enfuing, then the Secretary of State mail fpecify in the notification that the electors mail be appointed or chofen within thirty-four days preceding the firft Wednef- day in December in the year next enfuing, within which time the electors fhall according- ly be appointed or chofen, and the electors ihall meet and give their votes on the faid firft Wednefday in December,, and the proceedings and duties of the faid electors and others fhall be purfuant to the directions prefcribed in this ad*

Evidence Sec. ii. And be it further enacled, That the &crCof of-r Gnty eyidence °f a refufal to accept, or of a ficcofprefi- refignation of the, office of Prefident or Vice- dent, &c. prefident, fhall" be an inftrument in writing de- claring the fame, and fubfcribed by the perfon, refufing to' accept or. refigning, as the cafe may be, and delivered into the office of the Secre- tary of State..

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

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- Prefident of the United States r and 'Prefident of the Senate..

Approved, March the ift, 1792:

GEORGE WASHINGTON*

Pref.dent of the United States

When the term of 4 years fhall commence

I 27 ]

CHAPTER IX.

An Acl for making farther and more cffcclual Provifion for the Proteclion of the Frontiers of the United States.

{repealed.)

CHAPTER X.

An Acl declaring the Confent of Congrefs to a cer- tain Ac! of the State of Maryland, and to con- tinue for a longer Time, an Ad: declaring the Ajfent of Congrefs to certain Acls of the States of Maryland, Georgia, and Rhode-Jfland and Providence Plantations, fo far as the fame ■refpecls the States of Georgia, and Rhode- Ifland and Providence Plantations.

(expired.)

«MlL«.l«[JlA%ltf» |JH,|...i.—

€ H A P T E R XT.

An Acl to provide for the Settlement of the Claims of Widows and Orphans barred by the Limitations heretofore eflablijhed and to regulate the Claims >to invalid Penfions.

Section 1. "13-E ** cnacled by the Senate and jJ3 Houfe of Reprefentatives of the United States of America in Congrefs afjembled, Sufpcnfion That the operation of the refolutions of the loT a y<fars late Congrefs of the United States, pafled on refoiutiors the fecond day of November, one thoufand ^rcr""^ref£ ifeven hundred and eighty five, and the twen- claim*.0

[ *» ]

ty third day of July, one thoufand feven hun- dred and eighty feven, fo far as they have bar- red, or may be conflrued to bar the claims of the widow or orphans of any officer of the late army, to the feven years half pay of fuch officer, fhall, from and after the paffing this aft:, be fufpended for and during the term of two years. Difabied Sec. 2. And be it further enacled, That any

officers. &c, commiffioned . officer, not having received the

how to he , .• r r, ir j

placed on commutation or nalr-pay, and any non-com- thepeufion miffioned officer, foldier or feaman, difabied in the aclual fervice of the United States, during the late war, by wounds or other known caufe, who did not defert from the faid fervice, mall be entitled to be placed on the penfion lift of the United St tes, during life or the continu- ance of fuch disability, and fhall alfo be allow- ed fu h farther fum for the arrears ofpenfion, from the time of fuch difability, not exceeding the rate of the annual allowance, in confe- quence of his difability, as the circuit court of the di iric~t, in which they refpeclively refide, may think juft. Provided, That in every fuch cafe, the rules and regulations following mail be complied with ; that is to fay : Firft ; Every applicant fhall attend the court in per- fon, except where it fhall be certified by two magiftrates that he is unable to do fo, and fhall produce to the circuit court, the following proofs, to wit : A certificate from the com- manding officer of the fhip, regiment, corps or company, in which he ferved, fetting forth his difability, and that he was thus difabied while in the fervice of the United States ; or the affidavits of two credible witneffes to the fame effect : The affidavits of three reputable free- holders of the city, town, or county, in which he refides, afcertaining of their own know.

[ *9 ]

ledge, the mode of life, employment, labor, . or means of fupport of fuch applicant, for the lift twelve months. Secondly; The circuit court, upon receipt of the proofs aforciaiu, {hall forthwith proceed to examine into the nature of the wound, or other caufe of difability of fuch applicant, and having ascertained the de- cree thereof, mall certify the fame, and tranf- mit the refult of their enquiry, in caie, m their opinion, the applicant mould be put on the penfion-lift, to the Secretary at War, together with their opinion in writing, what proportion of the monthly pay of fuch applicant will be equivalent to the degree of difability ascertain- ed in manner aforefaid.

Sec. 3. And be ii further enacted. That the clerk of the diftricl court, in each diftricf., fhall crier': to publifh this ad in fuch manner as the judge of; ^b!'^'s the diftricl: court mall think effectual to give notice general information thereof to the people of JiftriA the diftricl:, and fhall give like information of court meets the times and places of holding the circuit &c' courts m fuch diftricl. And \\\ diftritls where- in a circuit court is not drrecxed by law to be holden, the judge of the diftricl court fhall be, and he hereby is authorized to exercife all the powers given by this aft to the respective circuit courts. And it mall be the duty of the judges duty of the of the circuit courts reflectively, during the Judscs' term of two years from the palling of this acl, to remain at the places where the faid courts fhall be holden, five days at the leaft from the time of opening the feflions thereof, that per- fons difabled as aforefaid, may have full oppor- tunity to make their application for the relief propofed by this acl.

$ec. 4. And be it further enacled, That the

t 3° ]

Secretary at War, upon receipt of the proofs, * war. *°' certificate and opinion aforefaid, mall caufe the fame to be duly filed in his office, and place the name of fuch applicant on the penfion-lifl of the United States, in conformity thereto : Provided ahvays , That in any cafe, where the faid Secretary fhall have caufe to fufpect im- pofition or miftake, he mail have power to withhold the name of fuch applicant from the penfion-lifl, and make report of the fame to Congrefs, at their next feflion.

Difabicd ^ec. 5* ^nd ^e ^ further enacted, That all

.peribns non-commiffioned officers, foldiers and feameri, r^lnl difabled in the a&ual fervice of the United

'imitations, ....

to be pia- States, during the late war, whofe difability £&n°m.Ca~ an^ rat€ °^ allowance have been afcertained, purfuant to the regulations prescribed by the late Congrefs, and have not applied to be placed on the penfton-lifl, until after the time, limited by the act of Congrefs for that pur- pose, was expired, fhall now be placed on the pennon-lift, and be entitled to demand and receive their refpective penfions, according to the allowances afcertained as aforefaid, any thing in this ac\ or any act. of the late Con- grefs, to the contrary, notwithftanding.

Sec. 6. And be it further enacled, That from Ac. of pen- and after the paffing of this act, no fale, tranf- fio«, before f^ or mortgage of the whole or any part of iid,'& how the penfion or arrearages of penfion, payable paid to at- t0 any non-commiffioned officer, foldier or fea- man, before the fame fhall become due, fhall be valid. And every perfon, claiming fuch pen- fion or arrears of penfion, or any part thereof, under power of attorney or fubftitution, fhall, before the fame is paid, make oath or affirma- tion before fome juftice of the peace of the place where the fame is payable, that fuch

[ 3' ]

power or fubftitution is not given by reafon of any transfer of fuch penfion, or arrears of pen- iion, and any perfon, who fhall fwear or affirm falfely in the premifes, and be thereof convic- ted, fhall fufFer, as for wilful and corrupt per- jury.

JONATHAN TRUMBULL, Speaker

of the Houfe of Reprefentatives.

JOHN ADAMS, Vke-Prefident. of the United

States, and Prejident of the Senate.

Approved, March the 23d, 1792:

GEORGE WASHINGTON,

Prefident of the United States.

CHAPTER XII.

An Ad providing for the Settlement of the Claims' of Perfons under particular Circumftances bar- red by the Limitations, heretofore eflablifhed.

Seclion 1. "0[E it enacled'by the Senate and J[3 Houfe of Reprefentatives of the United States of America in Congrefs ajfembled, That the operation of the refolutions of the Limitation* late Congrefs of the United States,, paifed on of claims the fecond day of November, one thoufand rdWutions feven hundred and eighty-five, and the twen- fufpended ty-third day of July, one thoufarrd feven hun- dred and eighty-feven, fo far as they have bar- red, or may be confbrued to bar the claims of any officer, foldier, artificer, failor or marine of the late army or navy of the United States,. for perfonal fervices rendered to the United States, in the military or naval department^

[ 3* 1

mall from and after the palling of this act, be fufpended, for and during the term of two years. And that every fuch officer, foldier, » artificer, failor and marine having claims for

fervices rendered to the United States, in the military or naval departments, who mah ex- hibit the fame, for liquidation, at the Treafury of the United States, at any time during the laid term of two years, mall be entitled to an adjustment, and allowance thereof on the fame sot to ex- principles, as if the fame had been exhibited, claims for within the term prefcribed by the aforefaid re- ratipos,&c. fqlutions of Congrefs : Provided, That nothing herein fliall be construed to extend to claims for rations or fubfiftance money.

Sec. 2. And be it further enacted, That no be rafter- balances hereafter to be certified, as due from ed fa name the United States, mall be regiftered in any claimant, other name, than that of the original claimant, &c: or of his heirs, executors or adminiftrators ;.

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

JONATHAN TRUMBULL, Speaker

of the Houfe of Reprefentathes.

JOHN ADAMS, Vice-Prefident of the United

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

GEORGE WASHINGTON, Prefident of the United States.

C 33 ] CHAPTER XIII.

An Ac! for the Relief of certain Widows, Orphans* Invalids, and other Perfons.

Sec. i. "13 E it enacled by the Senate and Jl3 Houfe of Reprefentatives of the United States of America, in Congrefs affembled, That the Comptroller of the Treafury adjufl Comptrok the claims of the widows and orphans refpec- }eT l° ac- tively, as the cafe may be, of the late colonel Sam^of Owen Roberts, captain William White, lieu- Jf"""1 Tfe tenant colonel Bernard Elliott, major Samuel orphans. Wife, major Benjamin Huger, lieutenant John Bam, and major Charles Motte, deceafed, all of whom were killed or died in the fervice of the United States, for the feven years half-pay for 7 years ftipulated by the refolve of Congrefs of the ^f-Payj twenty-fourth day of Auguft, one thoufand feven hundred and eighty ; and that the Re- gifler of the Treafury do iifue his certificates: accordingly.

Sec. 2. And be it further enacted, That the Secretary of the department of war be, and he hereby is required to place on the invalid lift, Timothy Mix, difabled in the late war, by the "J}£0*J lofs of his right hand, while in the fervice of Abel Tuf- the United States, at the rate of five dollars nc? pkced per montn, to commence on the rourth day lift. of February one thoufand feven hundred and eighty-three. That the faid Secretary place on the invalid lift, Abel Turney, mariner, difabled while in the fervice of the United States, at the rate of one dollar per month, to commence on the firft day of January, one thousand feven ;; hundred and eighty- one.

Sec. 3. And be it further 'enacted, That the Vol. -II. "E

[ 34 ]

Comptrol- ler to adjuft the account of Jofeph Pannil.

©f the late Brig. Gen. De Haas.

Thoihas M'Intire.

and regifter toifiue cer- tificates.

Comptrol- ler to adjuft the account of Francis £uzor De- bevere.

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

Sec. 4. And be it further entitled, That the Comptroller of the Treafury be, and he hereby is required to adjuft the accounts of Jofeph Pannil, a lieutenant-colonel in the fervice of the United States, as a deranged officer upon the principles of the aft of the late Congrefs, of the third of October one thoufand feven hun- dred and eighty, and to allow him the ufual commutation of the half-pay for life of a lieu- tenant-colonel, and that the Regifter of the Treafury be, and he hereby is required to grant a certificate for the amount of the balance due to him. That the Comptroller adjuft the ac- count of the late brigadier general De Haas, admitting to the credit of the faid account, fuch fums as by evidence fhall appear to have been advanced for the public fervice, and which have been charged by the United States to the ofH- •,'cers who have received the fame for the pub- lic fervice, and that the faid Regifter do grant a certificate for the balance due on fuch fettle- rnent. The faid Comptroller adjuft the account of Thomas 'M'Intire, a captain in the fervice of the United States, during the late warj and allow him the ufual commutation of the half- pay for life of a captain, and that the faid Re- gifter grant a certificate for the amount thereof accordingly.

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

c 3s :

he hereby is required to grant a certificate for the amount which mail be found due for the fervices of the faid Francis Suzor Debevere. That the faid Comptroller adjuft the account of Robert King, as a lieutenant, deranged upon Robt.KJng. the principles of the act of the late Congrefs, paffed the twenty-fourth day of November, one thoufand feven hundred and feventy-eight, and that the faid Regifter grant a certificate accord- ingly. That the Comptroller adjuft the ac- count of Lemuel Sherman, as a failing mailer Lemuel of a galley on Lake Champlain, and as fuch taken prifoner ; and that the faid Regifter ^jf cr grant a certificate accordingly. certificates.

Sec. 6. And be it further enaded, That \hzro. be granted to Nicholas Ferdinand Weftfall, Nicholas f. who left the Britifh fervice and joined the army granta0f of the United States, during the late war, one iand and hundred acres of unappropriated land in the 33 ° ars* weftern territory of the United States, free of all charges, and alfo the fum of three hundred and thirty-fix dollars, out of any money ap- propriated to the contingent charges of go- vernment.

JONATHAN TRUMBULL, Speaker

of the Houfe of Reprefentatives.

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

Approved, March the 27th, 1792 :

GEORGE WASHINGTON, Prefident of the United States,

C 36 ]

CHAPTER XIV.

An Aft fupplemental to the Aft for making far- ther and more ejfeftual Provifwn for the Pra- te ft ion of the Frontiers cf the United States. (repealed.)

CHAPTER XV.

An Aft for finifhing the Light-Houfe on Bald- head at the Mouth of Cape Fear River in the State of North-Carolina. E it enafted by the Senate and lioufe of Re- prefentatives of the United States of Ame- rica in Congrefs ajfembled. That the Secretary of the Treafury, under the direction of the Prefident of the United States, be authorized, secretary ,. as foon as may be, to caufe to be finimed in tofoffhthe fucn manner as fhall appear advifable, the light-houfe Hght-houfe heretofore begun under the autho- headtnN. ritv of the ftate of North-Carolina, on Bald- Caroliaa. head, at the mouth of Cape Fear river, in the faid fiate : And that a fum, not exceeding four thoufand dollars, be appropriated for the fame, out of any monies heretofore appropriated, which may remain unexpended, after fatisfy- ing the purpofes for which they were appropri- ated, or out of any other monies, which may be in the Treafury, not fubjecl: to any prior appropriation.

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

States, and Prefident of the Senate. Approved, April the fecond, 1792 :

GEORGE WASHINGTON, Prefident of the United States.

I 37 1 C H AFTER XVI.

An Acl efcabliflnng a Mint y and regulating the Coin's of the United States.

Sec. i. O E' it enabled by the Senate and Mint en*.

J3 Houfe of Reprefentativsi of the United States of America in Congrefs affembled, and it is hereby enabled "and declared. That a mint for the purpofe of a national coinage, be, and the fame is eftablifhed ; to be fitiiate and car- ried on at the feat of the government of the United States, for the time being : And that for the well conducting of the bufmefs of the faid mint, there mail be the following officers and perfons, namely ; a Director, an Afiayer, a Chief Coiner, an Engraver, a Treafurer.

Sec. 2. And be it further enabled^ That the D;rea0r eo Director of the mint fhall employ as many employ clerks, workmen and fervants, as he mail from &°|" en' time to time find neceffary, fubject to the ap- probation of the Prefident of the United States.

Sec. 3. And be it further enabled, That the Dutyofth* refpective functions and duties of the officers officers- above mentioned fhall be as follow : The Di- rector of the mint fhall have the chief manage- ment of the bufinefs thereof, and fhall fuper- intend all other officers and perfons who mall be employed therein. The affayer fhall receive and give receipts for all metals which may law- fully be brought to the mint to be coined; fhall affay all fuch of them as may require it, and fhall deliver them to the chief coiner to be coined. The chief coiner fhall caufe to be coined all metals which fhall be received by him for that purpofe, according to fuch regu- lations as fhajl be prefcribed by this or any future law. The engraver Jhall fmk and pre-

C 33 J

pare the neceffary dies for fuch coinage, with* the proper devices and inscriptions, but it fhall be lawful for the functions and duties of chief coiner and engraver to be performed by one perfon. The treafurer mall receive from the chief coiner all the coins which mall have been Jiruck, and mail pay or deliver them to the perfons refpectively to whom the fame ought to be paid or delivered : He fhall moreover receive and fafely keep all monies which mall be for the ufe, maintenance and fupportof the- mint, and mall difburfe the fame upon warrants figned by the director.

To tatc Sec. 4. And be it further enabled, That eve-

oath° ry officer and clerk of the faid mint fhall, be- fore he enters upon the execution of his office, take an oath or affirmation before fome judges of the United States faithfully and diligently to perform the duties thereof. And give Sec. 5. And be it further enacled^ That the bond' faid alfayer, chief coiner and treafurer, previ- oufiy to entering upon the execution of their refpeclive offices, fhall each become bound to the United States of America, with one or more fureties to the fatisfaction of the Secreta- ry of the Treafury, in the fum of ten thoufand dollars, with condition for the faithful, and di- ligent performance of the duties of his office.

Salaries. Sec. 6. And be it further enacled, That there

fhall be allowed and paid as eompenfations for ■ their respective fervices : To the faid director, * a yearly falary of two thoufand dollars, to the faid afiayer, a yearly falary of one thoufand five hundred dollars, to the faid chief coiner, a yearly falary of one thoufand five hundred dollars, to the faid engraver, a yearly falary of one thoufand two hundred dollars, t© the faid

r 39 a

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

Sec. 7. And be it further enafled, That the Accounts accounts of the officers and perfons employed h(.)W and,

1 1 1 r • j • 1 r r • where to be

in and about the laid mint and for lervices per- fettled. formed in relation thereto, and all other ac- counts concerning the bufinefs and adminiftra- tk>n thereof, mall be adjufled and fettled in the treafury department of the United States, and a quarter yearly account of the receipts and difburfements of the faid mint mall be render- ed at the faid treafury for fettlement, according to fuch forms and regulations as mall have been prefcribed by that department $ and that once in each year a report of the tranfactions of the faid mint, accompanied by an abftract, of the fettlements which mall have been from time to time made, duly certified by the Comp- troller of the Treafury, fhall be laid before Congrefs for their information.

Sec. 8. And be it further eliicfed, That iii Prefident addition to the authority yelled in the Prefi- ^ V."£jJ. dent of the United States by a refolution of \a& to be the lad feffion, touching the engaging of ar- P10Vldea- tills and the procuring of apparatus for the faid mint, the Prefident be authorized, and he is hereby authorized to caufe to be provided and put in proper condition fuch buildings, and in fuch manner as fhall appear to him re- quifite for the purpofe of carrying on the bu- finefs of the faid mint ; and that as well the expenfes which mail have been incurred pur- fuant to the faid refolution as thofe which may

[ 4o j

be incurred in providing and preparing the faid buildings, and all other expenfes which may hereafter accrue for the maintenance and fupport of the faid mint, and in carrying on the bufinefs thereof, over and above the fums which may be received by reafon of the rate per centum for coinage herein after mention- ed, ihall be defrayed from the Treafury of the «\-pcnce United States, out of any monies which from defrayed.2 ^me to t^me ^a^ be therein, not other wife ap- propriated.

Species of Sec. 9. And he it further enabled, That there

beftmck16 ^a^ ^Q from ^me to ^me Atfuck and coined at the faid mint, coins of gold, filver and cop- per, of the following denominations, values and defcriptions, viz. Eagles : each to be of the value of ten dollars or units, and to con- tain two hundred and forty feven grains and four eighths of a grain of pure, or two hun- dred and feventy grains of ftandard gold. Half Eagles : each to be of the value of five dollars, and to contain one hundred and twenty three grains and fix eighths of a grain of pure, or one hundred and thirty five grains of ftandard gold. Quarter Eagles : each to be of the value of two dollars and a half dollar, and to contain fixty one grains and fe- ven eighths of a grain of pure, or fixty feven grains and four eighths of a grain of ftandard gold. Dollars cr Units : each to be. of the value of a Spanilh milled dollar as the fame is now current, and to contain three hundred and feventy one grains and four fixteenth parts of a grain of pure, or four hundred and fixteen grains of ftandard filver. Hale Dollars : each to be of half the Value of the dollar cr unit, and to contain one hundred and eighty five grains and ten fixteenth parts of a grain

L 4* 3

of pure, or two hundred and eight grains of flandard filver. Quarter Dollars : each to be of one fourth the value of the dollar or unit, and to contain ninety two grains and thir- teen fixteenth parts of a grain of pure* or one hundred and four grains of flandard filver. Dismes : each to be of the value of one tenth of a dollar or unit, and to contain thirty feven grains and two fixteenth parts of a grain of pure, or forty one grains and three fifth parts of a grain of flandard filver. Half Dismes : each to be of the value of one twentieth of a dollar, and to contain eighteen grains and nine fixteenth parts of a grain of pure, or twenty grains and four fifth parts of a grain of flan- dard filver. Cents : each to be of the value of the one hundredth part of a dollar, and to con- tain eleven penny-weights of copper. Half Cents : each to be of the value of half a cent, and to contain five penny weights and half a penny weight of copper.

Sec. io. And be it further enacled, That up- of what on the faid coins refpeclively there (hall be the devices, following devices and legends namely : Upon one fide of each of the faid coins there mall be an impreffion emblematic of liberty, with an infeription of the word Liberty, and the year of the coinage ; and upon the reverfe of each of the gold and filver coins there mall be the figure or reprefentation of an eagle, with this; infeription, " United States of America,'1 and upon the reverfe of each of the copper coins, there fhall be an infeription which fhall exprefs the denomination of the piece, name- ly, cent or half cent, as the cafe may require.

Sec. ii. And be it further enafled, That the Propor- proportional value of gold to filver in all coins o^J^J* which mail bv law be current as money wittin filver,

Vol. U. F

Standard for void

C 42 3

%lie United States, fhali be as fifteen to one„ according to quantity in weight, of pure gold or pure filver ; that is to fay, every fifteen pounds weight of pure filver (hall be of equal value in all payments, with one pound weight of pure gold, and fo in proportion as to any .greater or leis quantities of the refpective me- tals.

Sec. 12. And be it further enacled, That the ftandard for all gold coins of the United States,

coins and mall be eleven parts fine to one part alloy ;

tobe rcpi- anc^ accordingly that eleven parts in twelve of

feted. ' the entire weight of each of the faid coins mail confift of pure gold, and the remaining one twelfth part of alloy ; and the faid alloy fhali be compofed of filver and copper, in fuch pro^- portions not exceeding one half filver as fhali be found convenient ; . to be regulated by the Director, of the mint, for the time being, with the approbation of the Prefident of the United States, until further provifion fhali be made by - law. And to the end that the necenary in- formation may be had in order to the making of fuch further provifion, it fhali be the duty

Dire&or's of the Director of the mint, at the expiration ut5r' of a year after commencing the operations of the faid mint, to report to Congrefs the practice thereof during the faid year, touching the com* pofition of the alloy of the faid gold coins, the reafons for fuch practice, and the experiments and observations which fhali have been made concerning the effects of different proportions of filver and copper in the faid alloy.

standard Sec. 1 7. And be it further enacled, That the

tor iilvcr *-i *■'

coins ; ai- ftandard for all filver coins of the United States, loy how to fhaU be onethoufand four hundred and eighty

be regula- . .. v ' . - ■ ■ ° . '

ted. five parts fine to one hundred and feventy nine

[ 43 1

parts alloy ; and accordingly that one thon- fand four hundred and eighty five parts in one thoufand fix hundred and fixty four parts of the entire weight of each of the faid coins fhall confift of pure filver, and the remaining one hundred and feventy nine parts of alloy ; which alloy mail be wholly of copper.

Sec. 14. And be it further enacled, That it Perfons mall be lawful for any perfon or perfons to "Vg ^?e bring to the faid mint gold and filver bullion, diver bui- m order to their being coined ; and that the ^f-SL

o 7 coined tree

bullion fo brought mail be there allayed and afcexpeaofc. coined as fpeedily as may be after the receipt thereof, and that free of expence to the. per- fon or perfons by whom the fame mall have been brought. And as foon as the faid bullion fhall have been coined, the perfon or perfons- by whom the fame fhall have been delivered, fhall uport demand receive in lieu thereof coins of the fame fpecies of bullion which fhall have been fo delivered, weight for weight, of the pure gold or pure filver therein contained ; Provided neverthelefs, That it fhall be at the mutual option of the party or parties bring- ing fuch bullion, and of the director of the faid how the d;_ mint, to make an immediate exchange of coins redtor may for flandard bullion, with a deduction of one coins SEe- half per cent from the weight of the pure gold, for, deduc- or pure filver contained in the faid bullion, as j^cent. an indemnification to the mint for the time which will neceffarily be required for coining the faid bullion, and for the advance which mall have been fo made in coins. And it fhall be the duty of the Secretary of the Treafury -jutyofse- to furnifh the faid mint from time to time when- ^JT °£ ever the ftate of the treafury will admit thereof, hereto? with fuch fums as may be neceiTary for effec- ting the faid exchanges, to be replaced as fpee-

C 44 J

dily as may be out of the coins which mail

have been made of the bullion for which the

monies fo furnifhed mail have been exchanged;

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

ftltuteT"" confute a fund towards defraying the expen-

fund, &c. fes of the faid mint.

Order of Sec. *5« And be it further enacted. That the delivering bullion which mall- be brought as- aforefaid to perfons° tne mhit to be coined, mail be coined, and the bringing equivalent thereof in coins rendered, if de- pehait/oa manded, in the order in which the faid bullion giving un- fhall have been brought or delivered, giving eaeef&c* " priority according to priority of delivery only,, and without preference to any perfen or per- fons ; and if any preference mall be given con- trary to the direction aforefaid, the officer by whom fuch undue preference mall be given,, ihall in each cafe forfeit and pay one thoufand dollars ; to be recovered with cofts of fuit. And to the. end that it may be known if fuch preference mall at any time be given, the af- fayer or officer to whom the faid bullion mall? be delivered to be coined, Ihall give to the per- foil or perfons bringing the fame, a memoran- dum in writing under his hand, denoting the weight, finenefs and value thereof, together with the day and order of its delivery into the mint. Coinsmade Sec. 1 6. And 'Be 'it further enabled , That all tender!* ^le g°^ and filver coins which fhall have been ftruck at, and iifued from the faid mint, fhall,. be a lawful tender in all payments whatsoever ,_. thofe of full weight according to the respective •values herein before declared, and thofeof lef& than full weight at values proportional to their respective weights..

Sec. 17. And be it further enacted. That it

C 45 3

mall be the duty of the refpective officers of d b the faid mint, carefully and faithfully to ufe made con- their bed endeavours that all the gold and fil- [0J^lc ver coins which ihall be (truck at the faid mint ftandard fhall be, as nearly as may be, conformable to ^'f'ts' the feveral ftandards and weights aforefaid, and that the copper whereof the cents and half cents aforefaid may be compofed, fhall be of good quality.

Sec. 1 8. And the better to fecure a due con- The trea- formity of the faid gold and filver coins to their £""£ too^ refpeclive ftandards, B.e it further enacledx'Tha.t Ms than j. from every feparate mafs of ftandard gold or ^ch^cota filver, w7hich fhall be made into coins at the to be aflay- faid mint, there fhall be taken, fet apart by the ed' Treafurer and referved in his cuftody a cer- tain number of pieces, not lefs than three, and that once in every year the pieces fo fet apart and referved, fhall be affayed under the infpec- tion of the Chief Juftice of the United States, when and the Secretary and Comptroller of the Treafury, by wli0Rv the Secretary for the Department of State, and the Attorney General of the United States (who are hereby required to attend for that purpofe at the faid mint, on the laft Monday in July in each year) or under the infpecrion of any three of them, in fuch manner as they or a majority of them fhall direct, and in the prefence of the director, affayer and chief coin- er of the faid mint ; and if it frail be found that the gold and filver fo affayed, fhall not be inferior to their refpective ftandards herein be- fore declared more than one part in, one hun- dred and forty four parts, the officer or officers of the faid mint whom it may concern fhall be held excufable ; but if any greater inferiority fhall appear, it fhall be certified to the Prefi- dent of the United States3 and the faid officer

Penalty on

[ 46 ]

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

Sec. 19. And be it further enacled, That if . . v" any of the gold or filver coins which fliall be ins- ftruck or coined at the faid mint, fhall be de- bafed or made worfe as to the proportion of fine gold or fine filver therein contained, or ihall be of lefs weight or value than the fame ought to be purfuant to the directions of this act, through the default or with the conni- vance of any of the officers or perfons who mall be employed at the faid mint, for the purpofe of profit or gain, or otherwife with a fraudulent intent, and if any of the faid officers or per- fons fliall embezzle any of the metals which fhall at any time be committed to their charge for the purpofe of being coined, or any of the coins which fliall be ftruck or coined at the faid mintp every fuch officer or perfon who fhall commit any or either of the faid offences, fliall be- deemed guilty of felony, and fhall fuffer death. Mor>ev of Sec. 20. And be it further enacted, That the account to money of account of the United States fhall be fedinPdoir expreffed in dollars or units, difmes or tenths, fcus, cvc. cents or hundredths, and milles or thoufandths, a difme being the tenth part of a dollar, a cent the hundredth part of a dollar, a mille the thou- fandth part of a dollar, and that all accounts in the public offices and all proceedings in the courts of the United States fhall be kept and had in conformity to this regulation.

JONATHAN TRUMBULL, Speaker

of the Houfe of Reprefentatives. JOHN ADAMS, Vice-F refident of the United

States and Prefidcnt of the Senate. Approved, April the fecond, 1792 :•

GEORGE WASHINGTON, Prcfident of the United States,

C 47 ] CHAPTER XVII.

An Acl fupplementary to the Ad: for the cjlablifi- merit and Support of Light '-Houfes, Beacons, Buoys, and Public Piers.

Sec. i. ~Wy E // enacled by the Senate and Expcnfe*

J£j Houfe of Reprefentatives of the ^f b^js' United States of America in Congrefs. affembled, borne till That all expenfes which mall accrue from the July I7?3*/ firit day of July next, inclufively, for the ne- ceffary fupport, maintenance, and repairs of all light-houfes, beacons, buoys, the ftakeage of channels, on the fea coafl, and public piers, fhall continue to be defrayed by the United States, until the firfl day of July, in the year one thoufand feven hundred and ninety- three, notwithstanding fuch light-houfes, beacons, or public piers, with the lands and tenements thereunto belonging, and the jurifdifrion of the fame, fhall not in the mean time be ceded to, or veiled in the United States, by the ftate or dates refpeenveiy, in which the fame may. be, and that the faid time be further allowed, to the flates refpeclively to make fuch ceffion.

Sec. 1. And be it further enacled. That the ^ ^ .. Secretary of the Treafury be autnonzed to beacons to caufe to be provided, erected, and placed, a be Jj^kf- fioating beacon, and as many buoys, as may ton harbor be neceflary for the fecurity of navigation, at, ^k^aey*~ and near the entrance of the harbor of Charlef- ton, in the flate of South-Carolina. And alfo to have affixed three floating beacons in the bay of Chef apeak ; one at the north end of Willoughby's Spit, another at the tail of the

C 48 3

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

JONATHAN TRUMBULL, Speaker of the Hotife of Reprefe?iiativcs. JOHN ADAMS, Vice-Prefident of the United

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

GEORGE WASHINGTON, Prefident of the United States,

CHAPTER XVIII.

An Act to e reel a Light-Houfe on Mont ok Point in the State of New-Tork.

BE it enacled by the Senate and Hotife of Re- prefeniatives of the United States of Ameri- certa1n°n cat ln Congrefs ajfembled, That as foon as the conditions jurifdiclion of fuch land on Montok point in «n Montok tne ftzte of New-York, as the Prefident of the Point in United States mail deem fufficient and molt New-York, proper for the convenience and accommoda- tion of a light-houfe (hall have been ceded to the United States, it mall be the duty of the Secretary of the Treafury, to provide by con- tract, which fhall be approved by the Prefident of the United States, for building a light-houfe thereon, and for furniihing the fame with all neceflary fupplies, and alfo to agree for the fa- Jaries or wages of the perfon or perfons who may be appointed by the Prefident for the fu- perintendance and care of the fame ; and the Prefident is hereby authorized to make the faid appointments. That the number and difpofi-

C 49 'J

f

lion of the lights in the faid light-houfe ilialt be fuch us may tend to diftmguifh it froni others, and as far as is practicable, prevent miflakes.

JONATHAN TRUMBULL, Speaker of the Honfe of Reprefentativcs.

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

Approved, April twelfth, 1792:

GEORGE WASHINGTON,

Prefident of the United States,

-sHEZEEHSgBtKSESB^n-aaa*

CHAPTER XIX,

An Acl for afcertaining the Bounds of a TraB of Land pur chafed by John Cleves Syr/imes.

E it enabled by the Senate and Houfe of Re- prefeniatives of the United States of Ame- rica in Congrefs affembled, That the Prefident . of the United States be and he hereby is au- Bounds of thorized at the requeft of "John Cleves Symmes J°hn c; or his agent or agents, to alter the contract purchafe^ made between the late board of .treafury and land* the faid John Cleves Symmes for the fale of a tract of land of one million of acres, in fuch manner that the faid tract may extend from. the mouth of the Great Miami, to the mouth of the Little Miami, and he bounded by the river Ohio, on the fcuth, by the Great Miami on. the weft, by the Little Miami on the eaft, and hy a parallel of latitude on the north extend* isig from the Great Miami to the Little ^iamij Vol. II, Q

I. .V

J

' i as to comprehend the propofed quantity of • one million of acres, provided that the nor- thern limits of the faid trad: (hall not interfere with the boundary line eltablifhed by the trea- ty of fort Harmar, between the Umied States, and the Indian nations, and provided alfo that refervati'oa the Prefident referveto the United States, fuch of lands at lands at and near fort Warning-ton as he may ton. ""£ think neceffary for the accommodation of a garrifon at that fort.

JONATHAN TRUMBULL, Speaker of the Moufe of Rcprcfcntaiives. JOHN ADAMS, Vice-Prefideni of the United

States, and Prefident of the Senate. Approved,- April twelfth; 1792 :

GEORGE WASHINGTON, Prefident of the United States.

CHAPTER XX.

An Acl for fixing the Compsnfations of the Door- keepers of the Senate and Houfe of Reprefenta- tives in Congrefs.

BE it enatled by the Senate and Houfe ofRe- prefentatives of the United States of Ame- rica, in Congrefs affembled, That from and af- ter the termination. of the prefent fefTion of Congrefs, the doorkeepers of the Senate and Salary of Houfe of Reprefentatives, fhall each be allow-

doer KC CD-

ers of Con- ed a falaiy of five hundred dollars per annum, grcf affef- *n £UW compenfation for their fervices in the iion. faid offices j and that the affi.ftant doorkeeper

piefc-jU fef- iioru

C 51 ]

to each Houfe fhall be allowed in full compen- Salary of fation for all his fervices, the fum of four hun- ^L^oiJ dred and fifty dollars per annum. And it fhall gred after be the duty of the faid doorkeepers to do the ufual fervices pertaining to their rerpe6iive of- fices during the feffioa of Gongrefs, andinthe recefs, under the direction of the Secretary of the Senate and Clerk of the Houfe of Repre- sentatives, to take care of the apartments occu- pied by the refpeuHy^ Houfes, and provide fuel and other accommodations for their fubfequent fefiion. And the faid compenfations fhall be certified and paid in like manner as is provided by law, for the other officers of the Senate and Houfe of Reprefentatives.

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prejident of the United

States., and President of the Senate. Approved, April twelfth, 1792 :

GEORGE WASHINGTON, Prefident of the United States,

CHAPTER XXI.

An Act for alter 'ihg the Times of holding the Cir- cuit Courts ', in certain Diflricis of the United States, and for other Purpofes*

Section 1. ]pl.E it entitled by the Senate and J3 Houfe of Reprefentatives of the United States of America in C'onrrefs ajjembled, That from and after the paffing of this act the circuit courts hi tlie -diitricls ofNcrth-CaroljU

t 51 J

fiitte for fia and Georgia fhall be held as follows, to wit : jBdipgciN in the diflrict of North- Carolina on the nril ,1'',,' day of June and the thirtieth day of Novem- 'difh-jcb al* ber at Newbern in the prefent and each fuc- ceeamg year. And all writs and recognizances returnable and fuits and other proceedings that were continued to the circuit court for the dif- tricl of North-Carolina on the eighteenth day of June next fnall now be returned and held continued to the fame court oil -the firfl day or June next. In the diflrict of Georgia on the twenty-fifth clay of April at Savannah, and on the eighth day of November at Augufta in the prefent and each fucceeding year except when any of thofe days mail happen on a Sunday in which cafe the court iKall be held on the Monday following.

. ... .. c Sec. 2. Ami be it further entitled- That the

When fef- _ „ c . . J - . '

s©hs of :he lemons or the circuit courts m iti-z ea-iern cir- feattcrp ar. €U{t f]la|| jn ^g prefeRt anj every fucceedinsj;

cGmmence. year commence at the times loilowing, that is to fay, in New- York diilricl on the fifth day of April and the fifth day of September. In Connecticut diflricl: on the twenty-fifth day of April and the twenty-fifth day of September. In Maifachufetts diflricl on the twelfth day of May and the twelfth clay of October. In New- Hampfhire diflricl on the twenty- fourth day of May and the twenty-fourth clay of Oclober and in Rhode-Ifiand diftrict on the feventh day of June and the feventh day of November except when any of thofe days mall happen on a Sun- day and then the fefiions mall commence on the next day following. And the fefiions of the circuit court fhall be held in the diftrict of Virginia at the city of Richmond only, In New- Hampshire diflricl at Portsmouth and Ex- eter alternately, beginning at the firfl. In Maf-

L S3 9

iitchufetts diftrict at Bolton, la Rhode-LIani. diitrict at New-Port and Providence alternate- ly beginning at the rirft. In Connecticut dif- tri.l at Hartford and New-Haven alternately* .beginning at the laft. And in New York dif- Jxict at trie city of New- York only.

Sec. 3. And be it enacled, That at. each fer- judges of iion of the f trpreme court of the United Scales i'«preihe ior as foon after as may be, the judges of the eacMctnoa fupreme court attending at fuch feffion ihall in ^deter- yriting fubfcribed with their names (which circuits writing fliali be lodged with the clerk of the <:hp ?JF fupreme court and fafely kept in his office) fytoaitcai afngn to the faid judges jrefpectively the cir-.&c' cuits which they are to attend at the enmmg feffions of the circuit courts ; which- alignment ihall be made in fuch manner that no judge, unlefs by his own -confent fliali have ailigned to him any circuit which he hath already at- tended until the fame hath been afterwards at- tended by every other of the faid judges. Pro- vided alwdy?, That if the public lervice or the convenience of the judges (hall at any time, in their opinion, require a different arrangement, the fame may take place with the confent of any four of the judges of the fupreme court- Sec. 4. And be it further enacted, That the Sbfiioa 6f diilricl court for the diftrict of Maine, which, MJ™ 4& by the act, intituled si An ac~t to efiablim the ■ ": judicial courts of tie United States/' is hoi- den on the firft Tuefday of June, annually,, at Portland, ihall, from and after the paring of this act, be holden on the third Tuefday of June, annually, any thing in the acf. aforefaid to the contrary notwithstanding : and ail writs and recognizances returnable, -and fuits and 'other proceedings, that were continued to the.

alter

r 54 ]

4iftricl court for the diflricl of Maine on the firli Tuefday cf June next, mall now be return- , able aacl held continued to the fame court, on the third TufcjPday of June next.

»nd of N. Sec. 5. And be it further eroded, That the Carolina, fhited diftrict courts for the diftrict of North- Carolina, fhall in future, be held at the towns of Newbcrn, Wilmington, and Edenton in ro- tation, beginning at Newbern, as the faid court now Hands adjourned.

JONATHAN TRUMBULL, Speaker cf the Honfe of Reprefentatives, JOHN ADAMS, Vice-Prefdent of the United States, and Prefident of the Senate. Approved, April thirteenth, 1792 : GEORGE WASHINGTON, Prejidcni of the United States:

cri'^^:.-iii^i^ rt25£jiL^*—

C H A P T E R XSlI.

An Acl to compenfaie the Corporation of Truftces ef the Public Grammar -School and, Academy cf Wilmington in the State of Delaware , for the Occupation of and Damages done to the faid School, during the Lite War.

SVE // enacled by the Senate and Hovfe cf Re- 13 prefntalives of the United States cf Amc- ica in Comrefs a^JemblecL That as an indemni- ication to the corporation of Truftees of the niblic srraminar-fchool and academy of Wil- nia'etb'h in the ita:c of Delaware, for the ufe tnd occupation of tlie faid fchool, and the da.

JKL

L ss 3

images done to the fame by the troops of thf 'United Stales, during the late war, there be- granted to the faM corporation of Trutt.ec?, a reafonable co:npenfation, payable out of any unappropriated money in the treafury of the. United States, which compensation mail be afcertained by the accounting officers of the treafury.

JONATHAN TRUMBULL, Speaker of the Houfe of Rcprcfentati-ves. JOHN ADAMS, Vice-P refident of the United States, and F refident of the Senate.

Approved, April thirteenth, 1792 :

GEORGE WASHINGTON, P^efdent of the United States,

CHAPTER XXIIL,

An Acl for apportioning Reprefeniatives among the fe-veral States, according to the firfc Enu.~ me rati on.

E it enacted by the Senate and Houfe of Re- Apportion. prefentatives of the United States of Ame- mentofrc- rica in Congrefs affembkd, That from and after j^irio " the third day of March one thoufand feven Congrefs hundred and ninety-three, the Houfe of Repre- to^S- fentatives iliall be compofed of members elec- ted agreeably to a ratio of one member for eve- ry thirty-three thoufand perfons in each flate, computed according to the rule prefcribed by the conftitution ; that is to fay : Within the ^ate of New-Hampfhire, four ; within the (late

Mi; on.

L S6 3

:>f Maflachufetts, fourteen ; within the ftate of Vermont, two ; within tile ftate of Rhode - Ifland, two ; within the ftate of Connecticut, feven ; within the ftate of New- York, ten ; within the ftate of New'-.jerfey, five ; within the ftate of Pennfytvania, thirteen ; within the ftate of Delaware, one ; v/ithin the ftate of Maryland, eight ; within the ftate of Virginia, nineteen ; within the ftate of Kentucky, two : within the ftate of North- Carolina, ten ; with- in the ftate oi South-Carolina, fix ; and within the ftate of Qeorgia, two members.

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives.

JOHN ADAMS, Vice-P reft dent of the United States, and Prejideni of the Senate.

Approved, April fourteenth, 1792 ::

GEORGE WASHINGTON,

Prefident of the United States,

CHAPTER XXIV.

An Ac! concerning Confuls and Vice-Confids. ■

lOR carrying into full effect the convention between the King of the French, and the United States of America, entered into for the purpofe of defining and eftabliihing the func- tions and privileges of their refpective Confuls and Vice- Confuls ;

Sec. 1. Be it enacled by the Senate and H-oufe if Representatives of the United States of Ame- rica im^ngrefs affembled, That where in the

t SI 1

IWerith' article of the faid convention, it is Duty ot- Screed that when there fhall be no conful or c?"'uls and

. . r i r i ir- r i r. i ill'1- incites

vice-conml Or the King or the trench^ to at- concerning tend to the laving of the wreck of any French wrccks- vefiels ftranded on the coafts of the United States, or that the residence of the faid conful, or vice-conful (he not being at the place of the wreck) fhall be more diftant from the faid place than that of the competent judge of the country, the latter mall immediately proceed to perform the office therein prefcribed $ the diflrict judge of the United States of the dif* trier, in which the wreck fhall happen, fhall proceed therein, according to the tenor of the* faid article. And in fiich cafes it fhall be the duty of the officers of the cuffoms within whofe diftriels fuch wrecks fhall happen, to give no- tice thereof, as foon as may be, to the faid judge, and to aid and affifl him to perform the duties hereby affigned to him. The diflrift judges of the United States fhall alfo, within their refpective diflricls, be the competent judges, for the purpofes expreffed in the ninth article of the faid convention, and it fhall be incumbent on them to give aid to the confute and vice-confuls of the Kirtg of the Frertch5 +

in arrefting and fecuring deferters from veifels of the French nation according to the tenor of the faid article.

And where by arty article of the faid Con- Duty of vention, the confuls and vice confuis of the marihalk* King of the French, are entitled to the aid of the competent executive officers of the Coun- try, in the execution of any precept, the mar- shals of the United States, and their deputies, mall, within their refpective dift'riels, be the competent officers, and fhall give their aid ac- eording to the tenor of the ftipulations.

Vol. II. H

I 53 J

WfcAi Antt whenever dbnimitmeMs to the jaifs of

MsBMnlaii t7iic coimtr)T ma^ become neceffary in pur: be ma.it. ance of any ftipulation of the faid Convention, they mall be to fuch jails within the lefpective diftricts as other commitments under the au- thority of the United States are by law made* And for the direction of the confuls and vice confuls of the United States in certain cafes. ■Right of Sec. 2. Be it enacled by the authority afar cf aid y

'.Vccoiv That they mall have right in the ports orpla- fk»kj ces to which they are or may be feveraily ap-

pointed of receiving the protefts or declara- tions, which fuch captains, mailers, crews, paf- fengers and merchants, as are citizens of the United States may refpeclively chufe to make there ; and alfo fuch as any foreigner may chufe to make before them relative to the per-* fonal inter-eft of any citizens of the United States ; and the copies of the faid acts duly authenticated by the faid confuls or vice con- fuls, under the leal of their confulates, refpec- tively, mall receive faith in law, equally as their originals would in all courts in the United States. It mall be their duty where the laws %a tafe of the country permit, to take poffeffion of the charge of perfonal eftate left by any citizen of the United eftates of States, other than feamen belonging to any deceafed {j^p or VefTel who fhall die within their confu-

penonsj&c. r .

late ; leaving there no legal repreientative, partner in trade or trullee by him appointed to To coiled take care of his effects, they fhall inventory the debts, &c. fame with the affiftance of two merchants of siit balance the United States, or for want of them, of any to the trea- others at their choice ; fhall collect the debts tLs.ffnot due to the deceafed in the country where he call£d ^or died, and pay the debts due from his eftate prefenta- which he fhall have there contracted ; fhall fell tive- at auction after reafonable public notice fuch

C 59 ]

$»art of the eftate as fhall be of a perifliab!e na- ture and fuch further part, if any, as fha.ll be necelfary for the payment of his debts, and at the expiration of one year from his deceafe, the reiidue ; and th- halance of the eftatethey ■fhall tranfmit to the treafury of the United States, to be holden in trull for the legal claim- ants. But if at any time before fuch tranfmif- fion, the legal reprefentative of the deceafed mall appear and demand his effects in their hands, they malt deliver them up, being paid their fees, and (nail ceafe their proceedings.

For the information of the reprefentative of r the deceafed, it fhall be the duty of the conful notify the or vice conful authorized to proceed as afore- de;lih ina faid in the fettlement of his eilate, immediate- pubiifhed ly to notify his death in one of the gazettes jjj*j CDl^ publifhed in the confulate, and alio to the Se- cretary of State, that the fame may be notified in the ftate to which the deceafed fhair belong ; and he fhall alfo, as foon as may be., tranfmit to the Secretary of State, an inventory of the effects of the deceafed taken as before direc- ted.

Sec. 3. And be it further enacJed, That the Duty as to faid confuls and vice coniuls, in cafes where folded fhips or veifels of the United States fhall be ftranded on the coafts of their eomulates re- flectively, lhall, as far as the laws of the coun- try will permit, take proper meafures, as well for the purpofe of faving the laid fhips or vei- fels, their cargoes and appurtenances, as for flaring and fecurinp- the effects and merchan- dize faved, and tor taking an inventory or in- ventories thereof; and the merchandize and effects faved with the inventory or inventories thereof taken as aforefaid3 mall3 after deduc*

velieis.

r 6° ]

ting therefrom the expenfe, be delivered to the owner or owners. Provided, That no conful or vice conful {hall have au-thority to take pok ieffion of any fuch goods, wares, merchandize or other property, when the mailer, owner or eonfignee thereof is prefent or capable of tal- king poffefhon of the fame,

fesf. Sec. 4. And be it further enacled? That it {hall

and may be lawful for every conful and vice conful of the United States, to take and re- ceive the following fees of office for the fervices which he mall have performed.

For authenticating under the confular feal, every protefl, declaration, depofition, or other act, which fuch captains, mailers, mariners, feamen? paffengers, merchants or others as are citizens of the United States may refpeclively chufe to make, the fum of two dollars.

For the taking into pcffeflion, inventorying, felling and finally fettling and paying, or frank mitting as aforefaid, the balance due on the perfonal efiate left by any citizen of the United States who fhall die within the limits of his confulate five per centum on the grofs amount, of fuch efiate.

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

And it fhall be the duty of the confuls and receipt' for vice-confuls of the United States, to give re- ilfe: ceipts for ail fees which they mail receive by

r 6i 1

virtue of this a£t, expreffing the particular fer- vices for which they are paid.

Sec. 5. And be it further enacted ', That in Proficient cafe it be found neceffary for the intereft of the l^mt United States, that a conful or confuls be ap- faiary to pointed to refide on the coaft of Barbary, the Barbary? Prefident be authorized to allow an' annual fa- iary, not exceeding two thoufand dollars to each perfon fo to be appointed: Provided, That 1 '.oh faiary be not allowed to more than one conful for any one of the dates on the faid coaft.

Sec. 6. And be it further enacled, That every „ , '

•j j j (Jon lit Is to

conful and vice conful mail, before they enter give bond on the execution of their trulls, or if already w.lth luLrc"

, . r V r 1 til • ties tv be

in tne execution or the lame, witnm one year approved from the pamng of this act, or if refident in b^ thc ft> Afia, within two years, give bond with fuch uate; jfureties as mail be approved by the Secretary of State, in a fum of not lefs than two thoufand nor more than ten thoufand dollars, condition- ed for the true and faithful discharge of the du- ties of his office according to law, and alfo for truly accounting for all monies, goods and ef- fects which may come into his poffemon by virtue of this aft : and the faid bond mall be , .

- •■.''. _ . - where fobs;

lodged m the office or the Secretary or the iod^ed. TPreafury.

Sec. 7. And be it further enacled, That to prov;flon prevent the mariners and feamen, employed in for marin veffels belonging to citizens of the United fo/dga*' States, in cafes of fhipwreck, ficknefs or cap- p^t*. tivity, from furTering in foreign ports, it mail be the duty of the confuls and vice confuls refpec- tively, from time to time to provide for them in the moft reafonable manner, at the expenfe pf the United States, fubieQ: to fuch inftruc-

I 6. ]

rions as the Secretary of State mall give, and not exceeding an allowance of twelve cents to a man per dirm ; and all matters and com- manders of veffels belonging to citizens of the United States, and bound to fome port of the fame, are hereby required and enjoined to take fuch mariners or feamen on board of their mips or velfels, at the requeit of the faid con- suls or vice confuls refpectively, and to tranf- port them to the port, in the United States to which fuch mips or veffels may be bound free of coils or charge ; but that the faid mariners or feamen (hall, if able, be bound to do duty on board fuch mips or velfels according to their feveral abilities : Provided, That no mailer or captain of any fliip or veffel, mail be obliged to take a greater number than two men to every one hundred tons burthen of the faid ihip or veifel, on any one voyage : and if any fuch captain or mailer iliall refufe the fame on the requefl or order of the conful or vice conful, fuch captain or mailer ihall forfeit and pay the fum of thirty dollars for each mariner or fea- man fo reluied, to be recovered for the benefit of the United States by the faid conful or vice- Gcnful in his own name, in any court of com- petent jurisdiction.

, Sec. 8. And Be it further e?iacled, That

maders of where a iliip or veffel belonging to citizens of

vci'.ei; J6- the United States is fold in a foreign port or

duchiii^ed place, the mailer, urJefs the crew are liable

fef;i;c>: and ky their contract or do confent to be difchar-

acgieiaiag ged there, iliall fend them back to the Hate

**■ where they entered on board, or furniih them

with means fufRcient for their return, to be

ascertained by the conful or vice conful of the

United States, having jurisdiction of the port

or place. And in cafe of the mailers refiu^.

. C 63 1

the faid confui or vice ccnfal m&f (if the taws of the land permit it) caufe his fhip, goods and perfon to be arretted and held until he fbali comply with his duty herein.

Sec. o. And be it further enacted- That the Vor"'T

r .'r . - .. r J. ,,•;, ... -''. linocft

ipecihcation or certain powers and auties, m this act, to be exercifed or performed by the confuls and vice confuls of the United States, fliall not be conttrued to the e-xclufion of others refulting from the nature of their appointments, or any treaty or convention under which they may a®,

' JONATHAN TRUMBULL, Speaker of the Houfe of Rcprefentaiives.

JOHN ADAMS, Vice-Prefident of the United States^ and Prefident {of the Senate,,

Approved, April fourteenth, lygl *

GEORGE WASHINGTON,

Prefident of the United States,

a*.

■t|Pff|a|Mii.Wii.;BEB»«a*«"-

CHAPTER XXV,

An Ac! authorizing the Grant and Conveyance of lain La?ids to the Ohio Company of Affociates*

cert,

Bee. I* "13 E if enacled by the Senate and- JL3 Houfe of R.epreftmtatives of the United States of America in C ngrifs a[femblcdr That a certain contract expreffed in an inden- trSTf cure executed on the twenty feventh day of farad r0n- October, in the year one thoufand feven hun- 1^^%/* ired and eighty feven, between the then board i)f treafury for the United States of America*

C 64 1

of the one part, and Mahafjfeh' Cutler, and Winthrop Sergeant, as agents for the directors of the Ohio Company of ailbciates,- of the other part, fo far as the fame refpecls the fol- lowing defcribed tracl of land ; that is to fay J " Beginning at a ftation where the weflern boundary line of the feventh range of town- mips, laid out by the authority of the United States in Congrefs affembled, interfecls the river Ohio ; thence extending along that river icuth-weflerly to a place where the weflern boundary line of the fifteenth range of town- fhips, when laid out agreeably to the land or- dinance palTed the twentieth day of May, one thoufand feven hundred and eighty five, would touch the faid river ; thence running northerly on the faid weflern bounds of the faid fifteenth, range .of to wnfhips, 'till a line drawn due eaffc to the weflern boundary line of the faid feventh range of townfhips, will comprehend, with the other lines of this tract, feven hundred and fifty thoufand acres of land, befides the feveral lots and parcels of land in the faid contract refer- ved or appropriated to particular purpofes ; thence running eafl to the weflern boundary line of the faid feventh range of townfhips, and thence along the faid line to the place of be- eonflrmrd, §mnmg?" be and the fame is hereby confirmed: and Prefi- And that the Prefident of the United States be io'gtant' ' and he hereby is authorized and empowered letters pa- t0 \ffUQ letters patent in the name and undef name V ° l'ne feal of the United States, thereby granting Rufits Put- and conveying to Rufus Putnam, Manaffeh Cutler, Robert Oliver, and Griffin Green, and to their heirs and affigns, in fee fimple, the faid defcribed tract, of land, with the refervations in the faid indenture exprefTed, in truft for the perfons compofing the faid Ohio Company of

nam, &c.

t 65 3

kubciates, according to their fevcral rights .and intgreftsj arid for their heirs and affigns, as te- nants in common;

Sec. 2* And be it further enacted, That the to grant Prefident be and he hereby is further autho- OJ,e "ther

,.,«.,. . i J \ ' ; tract to , .

nzed and empowered, oy letters-patent as Rufus jpat- aforefaid, to grant and convey to the laid Ru- nam' &c- fus Putnam, Manaffeh Cutler, Robert Oliver and Griffin Green, and to their heirs an$l af- figns, in trull, for the ufes above exprelfed, one other tracl of two hundred and fourteen thoufand, two hundred and eighty-five acres of land. Provided, That the faid Rufus Put- . ,

nam, Manaffeh Cutler, Robert .Oliver and conditions/ Griffin Green, or either of them, mail deliver to the Secretary of the Treafury within fix months, warrants which iffued for army boun- ty-rights fufficientfor that purpofe, according to the provilion of a refolve of Congrefs of the twenty third day of July, one thoufand feven hundred and eighty-feyen/

Sec. 3. And be it further eriaSled, That the To.gWt Prefident be and he hereby is further autho- °ne othf ,

1 111 r tract to Ru-

rized and empowered by letters-patent as afore- fus L>ut- faid, to grant and convey to the faid Rufus nam' &c° Putnam, Manaffeh' -Cutler, Robert Oliver and Griffin Green,- and to their heirs and affigns, i in fee fimple, in trull for the ufes above ex- ; prelfed, a farther quantity of one hundred thou- I land acres of land.. Provided always fieverthe- \ lefs, That the faid grant of one hundred thou- I fand acres fhall be made on the exprefs condi- tion of becoming void, for fuch part thereof, pr"^^ ; as the faid company fhall not have, within five <*ition. ] years from the palling of this a6l, conveyed in I fee fimple, as a bounty and free of expenfe, in 1 traces of one hundred acres, to each male per-1

11. i

is con-

C 66 3

fon, not lefs than eighteen years of age, being an actual fettler at the time of fuch conveyance. Inhere to Sec. 4. J>ncl fc it further enacled, That the * faid quantities of two hundred and fourteen thoufand, two hundred and eighty-five acres, and of one hundred thoufand acres, mall be located within the limits of the tract of one million, five hundred thoufand acres of land, defcribed in the indenture aforefaid, and ad- joining to the tract of land defcribed in the fi'rft fection of this act, and in fuch form as the Prefident in the letters patent, mail prefcribe for that purpofe.

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE, Prefident prr tempore of the Senate.' Approved, April twenty firir., 1792 :

GEORGE WASHINGTON, Prefident of the United States*

CHAPTER XXVI.

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

sfote of "f^^ li enafted by the Senate and Houfe of Re- the late J[_j prefentdtives of the United States of Ameri- Green, in- cai in Congrefs ajfembled. That the United States demnified^ fhall and will indemnify the effcate of the late of a certain General Green, for the fum of eight thoufand ftond. fiX hundred and eighty eight pounds fix mil-

[ 67 ]

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

L 63 ]

of the And the officers of the Treafury are hereby

: t l'

pffldcrs of authorized to liquidate and fettle the fum due 1Ci:trcin." to the eftate of the faid General Green, to in

demnify the fame, as aforefaid, according to the true intent and meaning of this act, and to pay the fame, out of the Treafury of the United States, to the faid executors, to be accounted for by them, as part of the faid eftate.

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentathes. RICHARD HENRY LEE, Prefident pro tempore of the Senate. Approved, April twenty-feventh, 1792 : GEORQE WASHINGTON, Prefident of the United States.

CHAPTER XXVII.

An Acl for raijing a farther fum of Money for the Protection of the Frontiers ', and for other Purpofes therein mentioned,.

Sec. 1. TO E it enacled by the Senate and

JLJ? Houfe of Reprefentatives of the

@n 30th United States of America in Congrefs affembled,

duAsmow That from and after laft day of June next, the

in force on duties" how in force upon the articles herein-

tSS'to" after enumerated and described, at their im-

ceafeand portation into the United States, mall ceafe,

becoUec- and that m hW thereof, there mall be thence-

*ed in their forth laid, levied and collected upon the faid

articles, at their faid importation, the feveral

and refpective rates or duties following : viz :

E 69 ]

Wines, namely : Madeira, of the quality of specific du London particular, per gallon fifty fix cents : t«cs-oa cer Madeira, of the quality of London market, meratedar per gallon, forty nine cents : Other Madeira tlck>- wine, per gallon, forty cents : Sherry, per gallon, thirty three cents : Saint Lucar, per gallon, thirty cents : Lifbon, per gallon, twen- ty five cents : Oporto, per gallon, twenty five cents : Teneriffe and Fayall, per gallon, twen- ty cents : All other wines, forty per centum ad valorem, Provided that the amount of the duty thereupon mall, in no cafe, exceed thir-, ty cents per gallon.

Spirits, diililled wholly or chiefly from grain : Of the firfl clafs of proof, per gallon, twenty eight cents : of the fecond clafs of proof, per gallon, twenty nine cents : of the third clafs of proof, per gallon, thirty one. cents : of the fourth clafs of proof, per gallon, thirty four cents : of the fifth clafs of proof, per gallon, forty cents : of the fixth clafs of proof, per gallon, fifty cents.

All other distilled spirits : Of the fecond clafs of proof and under, per gallon, twenty five cents -r of the third clafs of proof and under per gallon, twenty eight cents : of the fourth clafs of proof and under, per gal- lon, thirty two cents : of the fifth clafs of proof and under, per gallon, thirty eight cents : of the fixth clafs of proof and under, per gallon, forty fix cents. Which feveral claffes or deno- minations of proof mall be deemed and taken to correfpond with thofe mentioned in the " act " repealing after the laft day of June next, " the duties heretofore laid upon diflilled fpi- " rits imported from abroad, and laying others " in their flead, and alfo upon fpirits diflilled

C 70 ]

specificdu- " within the United States, and for appropri-

5!r;rr- " ating the lame."

""fa Beer, ale and porter, per gallon, eight cents:

fteel, per hundred weight, one hundred cents: nails, per pound, two cents : cocoa per pound, two cents : chocolate, per pound, three cents : playing cards per pack, twenty live cents : Ihoes and flippers of hlk, twenty cents : all all other (hoes and flippers for men and wo- men, clogs and golofhoes, ten cents : all other ihoes and flioDers for children, feven cents : on hemp, for every one hundred and twelve pounds, one hundred cents : on cables, for every one hundred and twelve pounds, one hundred and eighty cents : on tarred cordage, for every one hundred and twelve pounds, one hundred and eighty cents : on untarred cor- dage and yarn, for every one hundred and twelve pounds, two hundred and twenty five cents : on twine and packthread, for every one hundred and twelve pounds, four hun- dred cents : on coal, per bufheJ, four and a half cents : on falts called Glauber-falts, for every one hundred and twelve pounds, two hundred cents.

Articles ad valorem : China wares, looking glafs, window and other glafs and all manufactures of glafs, black quart bottles ex- cepted ; mufkets, pi'ftcls, and other fire arms ; iwords, cutlaffes, hangers and other fide arms; itarch ; hair powder ; wafers ; glue ; laces, lines, fringes, taflels, and trimmings, common- ly ufe'd by upholfterers, coachmakers and fad- dlers, and paper hangings ; painters colors, whether dry or ground in oil, fifteen per cen- tum ad valorem ; caft, flit and rolled iron, and generally, all manufactures of iron, fteel, tin, pewter, copper, brafs, or of which either of

[ 7' 3

tliefe metals is the article of chief value, not being otherwife particularly enumerated, brafs and iron wire excepted ; cabinet wares ; lea- ther tanned and tawed, and ail manufactures of leather, or of which leather is the article of chief value, not otherwife particularly enume- rated ; medicinal drugs, except thofe com- monly ufed in dying ; hats, caps and bonnets of every fort ; gloves and mittens ; (lockings ; milinery ready made ; artificial flowers, fea- thers and other ornaments for womens head dreifes ; fans ; dolls dreffed and undreffed ; toys ; buttons of every kind ; carpets and car- peting, mats and floor cloths ; fail cloth ; iheathing and cartridge paper ; all powders, paries, balls, balfams, ointments, oils, waters, waihes, tinctures, elfences, or other prepara- tions or compofitions commonly called iweet fcents, odors, perfumes or ccfmetics : all denti- frice-powders, tinctures, preparations, or com- pofitions whatfoever for the teeth or gums, ten per centum ad valorem.

Sec. 2. Provided always, and be it further E entitled, That all articles which are excepted and exempted from duty by the " act making a&.ctini farther provifion for tKe payment of the debts nue '' of the United States," fnall continue to be fo excepted and exempted, and that, to the arti- cles heretofore made free from duty, the fol- lowing fhall be added, namely, copper in pigs and bars, lapis calaminaris, unmanufactured wool, wood, fuiphirr.

Sec. 3. And be it further entitled, That from j^^-fa and after the laft day of June next, in compu- fait after ting the duty heretofore laid upon fait, a bufhet ^ tJJf^ of fait fhall be deemed not to exceed the weight coHe^ed? of fifty fix pounds avoirdupois : and as often as the actual bufliel of fait mall exceed the fa id

Exempffosf of articles bv c jr:a:;v

t 7* J

weight, fuch fait fhall be charged in the prcH portion of the prefent rate of duty per bufhel for every fifty fix pounds of its actual weight*

•ip goods Sec. 4* And be it further enaclcd, That after

J^JV™* 1^le &$^ *aft ^ay °f June next? tnere ma^ °e

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

Certain ad- Sec. 5. And be it further enacled. That the dkionaidu- addition of ten per centum made by the fe- tent.coim- cond fection of the " act: making farther pro- tmcd, vifion for the debts of the United States,5' to the rates of duties on goods, wares and mer- chandize, imported in mips or veifels no: of the United States, mall continue in full force and operation, after the faid lafl day of June next, in relation to the articles herein before enumerated and defcribed.

Drawbacks ^ec. °^ And be it further enacled, That all not already drawbacks and allowances authorized by the continued ■ a<^- aforefaid, which have not been heretofore abolifhed or changed, mail continue to operate^ as in the faid acl prefcribed in relation to the feveral duties which fhall become payable by virtue of this aft, and that in addition thereto,* there fhall be allowed and paid upon provifions falted within the United States, except upon dried fiih$ upon the exportation thereof to any foreign port or place, as follows, to wit : On pickled fifh, at the rate of eight cents per bar- rel, and on other provifions at the fate of five cents per barrel ; and from and after the firfl day of January next, there fhall be an addition

C 73 1

of twenty per centum to the allowances, re*- jtotyim _ fpe&ively granted to fnips or veffels employed vinlt^ ei- £11 the bank or other cod-fimeries, and in the ported ;ai« terms provided by an act, intituled " An act veffeb "em- concerning certain fiflieries of the United States, ployed m raid for the regulation and government of the t-Ja, Fiiliermen employed therein,*' and during the continuance of the faid act.

Sec. 7. And be it further enacted. That all ^k*' . duties, drawbacks and allowances, which, by &c. toap.* virtue of this act, fha!l be payable or allowable* P'y t0. any

r .- ' • c 1 j quantity,

on any ipecmc quantity or goods, wares and merchandize, fhall be deemed to apply, in pro* portion, to any quantity more or lefs than fuch ipecific quantity.

Sec. 8. And be it further enacled, That the Termor term of credit for the payment of duties on fait <?editfor .

nil 1 « i-i 11 -i i payment eT

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

Sec. 9. And be it further enacled, That the certain act intituled, " An act to provide more effee- »<% *»ci»* tually for the collection of duties impofed by JJtodSS law|pn goods, wares and merchandize impor* fpecified 'm ted into the United States, and on the tonnage of fliips and veffels," and as touching the du- ties on diftilled fpirits only, the acl, intituted, " An acl; repealing, after the Tail day of June next, the duties heretofore laid upon diftilled

Voi. JI. K

this adt.

C 74 ]

Ipirits imported from abroad and laying others in their ftead ; and alfo upon fpirits (Milled within the United States, and for appropria* ting the* fame," fhall extend to, and be in full force for the collection of the duties fpecihed and laid in and by this act, and generally for the execution thereof, as fully and effectually, as if every regulation,, reflriction, penalty, pro* vifion, claufe, matter and thing therein con- tained had been herein inferted and re-ena&edi

wines im- Sec. io. And be it further enacled, That all

Fer a wnles> which, after the faid lad day of June

June, how next, fhall be imported into the United States,

ianded. jQiajj be landed under the care of the infpector

of the port where the fame fhall be landed, and

for that purpofe, every permit for landing any

wines, which fhall be granted by a collector,

fhall, prior to fuch landing, be produced to the

faid infpector who, by endorfement thereupon

, under his hand, mall fignify the production

thereof to him, and the time when, after which,

and not otherwife, on pain of forfeiture, it fhall

be lawful to land the faid wines. And the faid

Duty of m- infpe&or fhall make an entry of all fuch per-

ipcdor. . . i r i i j i

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

C 75 1

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

Sec. ii. And be it further enaSfed, That perfons. every perfon, who (hall have in his or herpof- having cer- lemon, wines which are intended tor lale, m tity 0f quantity exceeding one hundred and fifty gal- £J"ca8ftf°rr Ions, mail, prior to the faid lad day of June 3Cth June next, make entry thereof in writing at fome B£f,tof„

' . v . , o make entry

office of mfpecuon m the city, town, or coun- thereof,&c. ty where he or me mall refide, fpecifying and defcribing the calks, cafes, boxes and other packages containing the fame, and the kinds, qualities and quantities thereof, and where, and in whofe pofleflion they are ; and the of- ficer of infpe&ion at whofe office fuch entry may be made, fhall, as foon as may be there- after, vifit and mfpect, or caufe to be vifited and infpecled, the wines fo reported, and fhall mark, or caufe to be marked, the calks, cafes, boxes and packages containing the fame, with progreflive numbers, with the name of the per- fon to whom the fame may belong, the kind or kinds thereof, and the words u Old Stock," and fhall grant a certificate for each cafk, cafe, box or package, containing fuch wine, defcri- bing therein the faid cafk, cafe, box or pack- age, and the wines therein contained, which certificate fhall accompany the fame, wherever it may be fent. And if any perfon who may .have wines in his or her poffefiion for fale, fhall not, prior to the faid laft day of June next, make entry thereof, as above directed, he or

I 76 ]

fhe, for fuch omlffion or neglect, mall forfeit and pay the value of the wine omitted to be entered, to be recovered with cofls of fuit, for the benefit of any perfon who fhall give infor- mation thereof, and the wines fo omitted to be entered, mall be forfeited. How beer. Sec. 12. And be it further enabled, That from bvoulhxht and after the laft day of December next, no to u. states, beer, ale, or porter fhall be brought into the United States, from any foreign port or place, except in cafks or veffels, the capacity whereof mall not be lefs than forty gallons, or in pack- ages containing not lefs than fix dozen of bot- tles, on pain of forfeiture of the laid beer, ale or porter, and of the fhip or veifel, in which the fame mail be brought*

Sec. 13. And be it further enacled, That the Putksa- feveral and refpective duties aforefaid, except how long that mentioned in the fourth feclion of this a£t, £& Vq1" ^ia^ contmu'e to be levied, collected and paid, until the debts and purpofes, to and for which the duties, hereby directed to ceafe after the laft day of June next, were pledged and appro- priated, fhall have been fully paid and fatished j and that fo much thereof, as may be necetTary, fhall be, and are hereby pledged and appropri- ated, in the fame manner, for the fame purpo- fes, and with the fame force and effect, as thofe, which are hereby directed to ceafe after the faid laft day of June next, and that fo much of the refidue thereof, as may beneceiTary, fhall be, and are hereby appropriated for making good deficiencies in any funds, which may have been designated for fatisfying grants and ap- propriations heretofore made.

Sec. 14. And be it further enacled, That the additional duty of two and an half per centum

I 77 P

ad valorem, fpecified in the fourth feftion of g^jJ&J, this act, mail continue for the term of two rem duties years, from the commencement thereof, and ^c^0£ no longer.

Sec. 15*. And be it further enacled, That the Appr0pri- fum of one hundred and fifty thoufand dollars, J^01^0^ out of the furplus of the duties, which accrued tJ3J us to the end of the year one thoufand feven hun- dred and ninety one, and a farther fum of five hundred and twenty-three thoufand five hun- dred dollars, out of the furplus of the duties hereby eftabliflied as the fame fhall accrue, making together the fum of fix hundred and feven ty- three thoufand five hundred dollars* ihall be, and are hereby appropriated and ap- plied, in addition to any former appropriation for the military eflablifhment of the United States, towards carrying into execution the aft, intituled, " An act for making farther and more effectual provifion for the protection of the frontiers of the United States."

Sec. 16. And be it further enacled, That the Prefident Prefident of the United States be empower- °0 take *™ ed to take on loan, on account of the United loan fronl States, from the prefident, directors and com- &c. acer- pany of the bank of the United States, who are uin fum oi' hereby authorized and empowered to lend the raoney* fame, from any other body politic or corporate within the United States, or from any other perfon or perfons, the whole or any part of the aforefaid fum of five hundred and twenty-three thoufand five hundred dollars, to be applied to the purpofe, to and for wrhich the fame is above appropriated, and to be reimburfed out of the aforefaid furplus of the duties by this acl: impofed, which furplus is, accordingly, ap- propriated to the faid reimburfement. Frovi-

r 78 l

ded, That the rate of intereft of fuch loans mall not exceed five per centum per annum, and that the principal thereof may be reimbursed at the pleafure of the United States.

Rate of 11- Sec. if. And be it further enacled, That fo vre tour- much of the acl:, intituled " An acl to provide France ai- more effeclually for the colleclion of duties ««red' impofed by law on goods, wares and merchan- dize imported into the United States, and on the tonnage of mips or veffels," as hath rated the livre tournois of France at eighteen and an half cents, be and the fame is hereby re- pealed.

Mode of Sec. r8. And be it enafted and declared, That procedure if the principal, in any bond which fhall be insolvency given to the United States, for duties on goods,, ofprincipai wares, and merchandize imported, (hall be in- &c.. 9j folvent, or if fuch principal being dead, his or her eftate and effects, which fhall have come- to the hands of his or her executors or admi- niftrators, fhall be infufficient for the payment of his or her debts, and if, in either of the faid cafes, any furety in the faid bond, or the ex- ecutors and adminiftrators of fuch furety, fhall pay to the United States the monies thereupon due, fuch furety, his or her executors or ad- miniflrators fhall have and enjoy the like ad- vantage, priority and preference, for the reco- very and receipt of the faid monies out of the eftate and effects of fuch infolvent or deceafed principal, as are referved and fecured to the United States, by the forty fourth feclion of the acl:, intituled " An acl: to provide more effeclually for the colleclion of duties " impo- " fed by law on goods, wares, and merchan- *' dize imported into the United States, and on " the tonnage of fhips or veifels?" and fhall

£ 79 1

%ncl may bring and maintain a fuit Upon the faid bond, in law or equity, in his, her or their own name or names, for the recovery of the monies which mall have been paid thereupon. And it is further declared, That the cafes of infolvency in the faid forty fourth fedion men- tioned, mail be deemed to extend, as well to cafes in which a debtor, not having fufficient property to pay all his or her debts, (hall have made a voluntary alignment thereof, for the benefit of his or her creditors, or in which the eftate and effects of an abfeonding, concealed or abfent debtor fhall have been attached by procefs of law, as to cafes, in which an act of legal bankruptcy mail have been committed.

Sec 19. And be it further enacted, That the ^f^' ^Prefident of the United States be, and hereby to appoint is authorized to appoint fuch place within the P°rt °*j?£ diftrict of Vermont to be the port of entry and livery in delivery within. the, faid diftricl:, as he may deem Vcnnont- expedient, any thing in the act, intituled " An -act giving effect to the laws of the United States within the (late of Vermont/' to the contrary notwithftanding.

JONATHAN TRUMBULL, Speaker

of the Houfe of Reprefentatives.

fUCttARD HENRY LEE, Prefident pre tempore of the Senate.

Approved, May fecohd, 1792 :

GEORGE WASHINGTON,

Prefident of the United States,,

t «° I

CHAPTER XXVIIL

An Aci to pro-vide for calftrtg forth the, Militia to xecute the Laws of the Union, fupprefs InfurreBions and repel Invajions.

(repealed.)

CHAPTER XXIX.

An Ac! for the Relief of P erf ons imprifoned for Debt.

(expired.)

CHAPTER XXX.

An Acl authorizing the Grant and Conveyance of certam hands to "John Clevcs Symmes, and his Affociates. '

Sec. i. "jO> E it enacled by the Senate and JL3 Houfe of Reprefentatives of the Prefident United States of America in Congrefs affembled, authorized That the Prefident of the United States be certain1 and he hereby is authorized and empowered number of to jffue letters patent in the name and under

stcrcs to T

csymmes, the feal of the United States, thereby granting °n "rfain and conveying to John Cleves Symmes and his affociates, and to their heirs and amgns, in fee fimple, fuch number of acres of land as the payments already made by the faid John Cleves Symmes, his agents or affociates, under their contract of the fifteenth day of October one thoufand feven hundred and eighty eight, will pay for, eftimating the lands at two thirds of

[ 8i ]

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

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

Sec. 3. And be it further enacled, That the one town- Prefident be and he is hereby authorized and ^f^" empowered, by letters patent as aforefaid, to miuaries of grant and convey unto the faid John Cleves learnins- Symmes and his alfociates, their heirs and af- figns, in trull for the purpofe of eltablifliing an academy and other public fchools and fe- minaries of learning, one compleat townfhip, conformably to an order of Congrefs of the fecond of October, one thoufand feven hun- dred and eighty-feven, made in confequence of the application of the faid John Cleves Symmes, for the purchafe of the tract aforefaid.

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

Vol. II. L

C 82 ]

The lands conveyed as aforefaid, fhall be included and

to be loc?.- iocatecl within fuch limits and lines of boun-

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

former a& agreeably to an act palTed the twelfth day of

April, one thoufand feven hundred and ninety

two, " for afcertaining the bounds of a trac\

of land purchafed by John Cleves Symmes."

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE, Prefident pro tempore of the Senate. Approved, May fifth, 1792 :

GEORGE WASHINGTON, Prefident of the United States.

mil mill "nirr-

CHAPTER XXXI.

An Acl to alter the Time for the next annual Meeting of Congrefs.

(expired.)

CHAPTER XXXII.

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

Sec. 1 . ¥3 E ;/ enacled by the Senate and _J3 Houfe of Reprefentatives of the ties'after u United States of America, in Congrefs affembled, the laiiday That from and after the lafl day of June next, waTcfand the prefent duties upon fpirits diftilled within

Former du-

C 83 ]

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

For every gallon of thofe fpirits of the firft other du- clafs of proof, ten cents ; for every gallon of paTd'upon thofe fpirits of the fecond clafs of proof, eleven fpirits dif- cents ; for every gallon of thofe fpirits of the f^ign ma- third clafs of proof, twelve cents ; for every teriais. gallon of thofe fpirits of the fourth clafs of proof, fourteen cents ; for every gallon of thofe fpirits of the fifth clafs of proof, eighteen cents j for every gallon of thofe fpirits of the fixth clafs of proof, twenty five cents. And upon all fpirits which after the faid day fhall , be diftilled within the United States from ma- terials of the growth or produce of the United States, in any city, town or village, at any diftillery at which there fhall be one or more flills which hngly or together fhall be of the capacity of four hundred gallons or upwards, there fhall be paid the duties following, that is to fay ;

For every gallon of thofe fpirits of the firft On fpirits

, r r r r r 11 r diftilled 01

clals or proof, leven cents ; ror every gallon or the materi- thofe fpirits of the fecond clafs of proof, eight a,s of the cents ; for every gallon of thofe fpirits of the third clafs of proof, nine cents; for every gallon of thofe fpirits of the fourth clafs of proof, eleven cents ; for every gallon of thofe fpirits of the fifth clafs of proof, thirteen cents ; for every gallon of thofe fpirits of the fixth clafs of proof, eighteen cents. And upon ftills which after the faid day fhall be employed in diftil- gg on ling fpirits from materials of the growth or produce of the United States, at any other

[ 84 ]

place than a city, town or village, or at any dif- tillery in a city, town or village at which there fhall be one or more frills, which fingly if only one, or together if more than one, lhall be of lefs capacity than four hundred gallons, there lhall be paid the yearly duty of fifty four cents for every gallon Englifh wine meafure of the capacity or content of each and every fuch ftill including the head thereof: Provided, how paid. That it mall be at the option of the proprie- tor or pofTefTor of any fuch {till, inftead of the faid yearly duty, either to pay feven cents for every gallon of fpirits by him or her diflilled, or to pay at the rate of- ten cents per gallon of the capacity for each and every month of owners in the employment of any fuch ftill ; and in cafe lohow'to the faid Proprietor or pofTefTor lhall elect to make entry pay either the faid rate of feven cents per gal- offtiiiSj&c. lonj of the fpIritg by him or her diflilled, or

the faid monthly rate of ten cents, according to the capacity of his or her ftill or ftills, he or fhe at the time of making entry of his or her ftill or ftills in manner herein after direc- ted, fhall by writing under his or her hand, tain licence left at the office of infpection where fuch en- for work- try lhall be made, notify the faid election, and mg em. .^ ^e fame fhaii De to pay the faid monthly rate of ten cents, fhall demand a licence for the term of time, fpecifying the day of com- mencing and the day of ending, during which he or Ihe lhall intend to work his or her ftill or ftills, which licence fhall without delay or expenfe to the faid proprietor or pofTefTor be granted, and fhall be figned by the fupervifors of the revenue and counterfigned by the of- ficer at whofe office application for the fame fhall have been made. And in the cafe of an election to pay the faid monthly rate of ten

C §5 ]

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

Sec. 2. And be it further ena died- That there nfl- f.

1 • i J t 1 1 ■ 1 • Office of iu-

be in each county comprehended within any fpe&ion m diftrid, at leaft one office of infpeftion, at TfoAT" which every perfon having or keeping a ftill try of mils, or ftills within fuch county, fhall between the &c' laft day of May, and the firft day of July in each year, make entry of fuch ftill or ftills ; and at which every perfon, who being a refl- uent within the county .mall procure a ftill or ftills, or who removing within a county, mail bring therein a ftill or ftills, fhall within thirty days after fuch procuring or removal, and be- fore he or me fhall begin to ufe fuch ftill or ftills, make entry thereof. And every entry befides defcribing each ftill and the. capacity

[ 36 ]

thereof, fhall fpecify the place where, and the perfon in whofe poffeffion it is, and the pur- pofe for which it is intended, as whether for fale or ufe in diftilling ; and in the cafe of re- moval, mall fpecify the place from which eve- ry fuch ftill mail have been brought. Proprietors Sec. 3. And be it further enacled, That Sefordu- every proprietor and poffeffor of a ftill mall tyon mils be jointly and feverally liable for the duty thereupon ; and that every owner of land, upon which any ftill mall be worked, mall be liable for the duty thereupon, unlefs the fame fhall be worked by a lawful and bona fide te- nant of the land of an eftate, not lefs than for the term of one year, or unlefs fuch owner can make it appear, that the pofleffor of, or perfon by whom fuch ftill fhall have been worked, was during the whole time of work- ing the fame, a trefpaffer or intruder on his land. officers to Sec. 4. And be it further enatled^ That eve- r°rl^fr m" ry officer of infpeftion within whofe furvey any diftiiiery of diftillery of geneva or fweet cordials, fubjecl: gChours &r to t^e payment of duty by the gallon of the fpirits diftilled thereon may be, fhall forbear to vifit or infpect for a fpace not exceeding two hours in each day, fuch part of the faid diftillery as he may be required by the propri- etor, poffeffor or manager of fuch diftillery to forbear to vifit and infpecl, for which purpofe on written it fhall be neceflary for the faid proprietor, pof-

noticelrom r rr • a.' • • •

the propri lellor or manager, to give notice m writing to etors. the faid officer, defcribing therein particularly the part of fuch diftillery, which it fhall be his defire that the faid officer may forbear to vi- fit and infpecl:, and fpecifying the time of each day for which fuch forbearance fhall be de- fired»

C 87 3

Sec. 5. And be it further enacled, That it sec'yofthc fhall be in the difcretion of the Secretary of treafury to the Treafury, to regulate as well the marks, to Sksup* be fet upon the cafks, veffels and packages con- «n "&*> taining diftilled fpirits, as the forms of the certificates which are to accompany the fame, and that when any calk or veffel in which dif- tilled fpirits have been contained, fhall have been emptied of its contents, it fhall be lawful for the marks thereupon to be effaced by, or in the prefence of an officer of infpec- tion, and if the faid calk or veffel fhall after- wards be ufed for putting therein other fpirits, the fame may be marked anew.

Sec. 6. And be it further enacted? That in- Notice to {bead of a notice of twenty-four hours hereto- f0ergXain- fore required to be given of the intent to ex- ing draw- port diftilled fpirits in order to the benefit of J^ts°"x_ the drawback of the duties thereupon, fix hours ported. fhall be fufficient.

Sec. 7. And be it further enacted, That there Abatement' be an abatement for leakage at the rate of two for leakage. per cent, in every cafe in which the duty fhall be payable by the gallon of the fpirits diftilled, to' be allowed at the diftillery where fuch fpi- rits fhall be made.

Sec. 8. And be it further enacted, That the Dutyof 0f_ officer of inflection within whofe furvey any ficers of in- ftill fhall be, the duty whereupon is payable f^n." according to the capacity of the ftill, fhall identify by progreffive numbers and other pro- per marks, -every fuch ftill within his furvey, and the duty thereupon fhall operate as a fpe- cific lien upon the faid ftill.

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

[ S3 ]

DiaiHcr?, not marked or certified, purfuant to the acT, ^c.offpi- intituled, " An adt repealing after tire laft day

nts* wlicn . ^ *

to report of June next, the duties heretofore laid upon the n"™'1- diftilled fpirits imported from abroad, and lay-

ty on hand;. r , ,1 J # J

mg others in their ltead, and alio upon fpirits diftilled within the United States, and for ap- propriating the fame," mail prior to the laft day of September next, report the fpirits in his or her 'poffeffion, in writing at fome office of infpe&ion, to the end that fuch fpirits may « „,. be marked and certified as old ftock. And

calks not lr i r • i n

marked ac- that from and after the faid laft day of Sep- k^'iifbie tember next, cafks and vefTels of the capacity to ieizure, of twenty gallons and upwards, containing diftilled fpirits, which mall be found in the poffeffion of any diftiller or dealer in fpirits, except at a diftillery where the fame were made, or in going from one place to another, without being marked according to law, or without having a certificate from fome pro- per officer, fhall be liable to feizure and for- feiture, and that it mall be the duty of the fe- veral officers of infpeclion, upon requeft of officefto11 any dealer or diftiller to take meafures for the mark cafks, marking of calks, vefTels and packages con- &c* taining diftilled fpirits, and to furniih fuch

dealer or diftiller, free from expenfe, with cer- tificates to accompany the fame ; Provided, That it fhall not be incumbent upon any fuch officer to mark or certify any cafk, veffel or package which ought to have been before marked or certified according to any law of the United States.

prii 1795, Sec. 10. And be it further ena&ed, That lpiritsto from and after the laft day of April, one thou- to u. states fand feven hundred and ninety-three, no dif-, in calks of tilled fpirits, except arrack andfweet cordials, &c.sa )ns' mail be brought into the United States from

C s9 ]

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

Sec. ii. And be it further enacied, That no Drawbacks drawback of the duty on diftilled fpirits which JjJ^gJf ihall be exported after the 1 aft day of June allowed, next, fhall be allowed upon any quantity lefs than one hundred Gallons*

. Sec. 12. And be it further enricied, That af- ^fter jUnd ter the laft day of June next, no diftilled fpi- fiext: how tits fhall be brought into the United States, be'lmpor* from any fpreign port or place, in any calk or t^ veifel, which fhall have been marked pUrfuant to any law of the United States concerning diftilled fpirits, on pain of forfeiture of the fpi- rits fo brought, and of the fhip or veffel in which they fhall be brought.

Sec. 13* And be it further enacted, That ii p j^ m the owner or pofTeftor of any ftill or ftills fhall negiedUng neglect to make entry thereof, within the time J°™*kftuj2~ and in the manner prefcribed by the feeond fection of this act, fuch owner or pofTeffor fhall forfeit and pay the fum of two hundred and fifty dollars ; and if any diftilled fpirits, except arrack and fweet cordials, fhall, after the laft day of April next, be brought into the United q^^ States in calks or veifels of lefs capacity than fpirits im- ninety gallons, all fuch fpirits, and the calks biTt0dfor-~ and veffels containing the fame, fhall be rub- feiture: ject, to feizUre and forfeiture, and every fuch how^tfpo* penalty or forfeiture lhall be one half to the fed of. ufe of the United States, and the other half to the ufe of the perfon who fhall firft difco- Ver and make known the matter or thing whereby the fame fhall have been incurred.

Sec* 14. And be it further cnacled, and de* dared, That the duties hereby laid fhall con* tinue in force, for the fame time, and are

You II* M

C 9° ]

Continua- hereby pledged and appropriated to and for tjonof da- the fame purpofes, as thofc, in lieu of which herein,' for they are laid, and purfuant to the aft, intitled, what pur- « An aft repealing after the lad day of June priateSf °" next, the duties heretofore laid upon diftilled fpirits imported from abroad, and laying others in their Head, and alfo upon fpirits dif- tilled within the United States, and for ap- propriating the fame/'

Kedu'vSHon Sec. 15. And "be it further enacledy That to herein7 make good any deficiency which may happen made good, in confequence of the reduction hereby made Jgrprodua in the rates of the duties on fpirits diftilled tain adt. within the United States, and on frills, fo much of the pro duel: of the duties laid by the act in- titled, " An act for raifing a farther fum of money for the. protection of the frontiers, and for other purpofes therein mentioned," as may be neceffary, mall be and is hereby pledged and appropriated to the fame purpofes, to and for which the duties, hereby reduced, were pledged and appropriated. Allowance Sec. 1 6. And be it further enacled, That the ££XVi" Prefident of the United States be authorized to make fuch allowances! for their refpective fervices to the fupervifors, infpectors, and other officers of infpection, as he fhall deem reasona- ble and proper, fo as the faid allowances, to- gether with the incidental expenfes of collect- ing the duties on fpirits diftilled within the United States, fhall not exceed feven and an half per centum of the total product of the duties on diftilled fpirits, for the period to which the faid allowances fhall relate, comput- ing from the time the act intitled " An act repealing after the laft day of June next, the duties heretofore laid upon diftilled fpirits im- ported frcm abroad, and layirg others in

t 91 ]

their ftead, and alfo upon fpirits diftilled with- in the United States, and for appropriating the faiiie, tco\ effect : And provided al/o, That fuch allowance fhall not exceed the annual amount ceeVyofooo o feventy thoufand dollars, until the fame dollars. flail be further afcertained by law.

Sec. 1 7. And be it further enacled, That the certain a<a acl: intitled, " An act repealing after the lad >n force fo» day of June next, the duties heretofore laid ofthedu- upon diftilled fpirits imported from abroad *iea» .&c* and laying others in their Head, and alfo upon fpirits diftilled within the United States, and for appropriating the fame," fhall extend to and be in full force for the collection of the fe- veral duties herein before mentioned, and for the recovery and diftribution of the penalties and forfeitures herein contained, and generally for the execution of this acl, as fully and ef- fectually as if every regulation, reftriction, pen- alty, provifion, claufe, matter and thing therein contained were infer ted in and re-enacted by this prefent acl:, fubject only to the alterations hereby made.

JONATHAN TRUMBULL, Speaker

of the Houfe of Reprefentatives.

RICHARD HENRY LEE, Prefident pre tempore of the Senate.

Approved, May eighth, 1792:

GEORGE WASHINGTON,

Prefident of the United States.

[ ft* ] CHAPTER XXXIII.

An Ad more effectually to provide for the National Defence, by ejiablijhing an Uniform Militia throughout the United States.

Sc£t. i ."|3 E it enacledby the Senate and Houfc Militia jfj' of Reprefentativcs of the United

thomntoS States of America, in Congrefs afembled, That enrolled, each and every free able-bodied white male- citizen of the re/pe&ive ftates, refident therer in, who is or mall be of the age of eighteen years, and under the age of forty- five years, (except as is herein after excepted) (hall fede- rally and refpe&ively be enrolled in the mili- tia by the captain or commanding officer of the company, within whofe bounds fuch citizen fhall refide, and that within twelve months after the palling of this act. And it fhall at all times' hereafter be the duty of every fuch captain or commanding officer of a company to enrol every fuch citizen, as aforefaid, and alfo thefe who fhall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty- five years (except as before excepted) ifiall come to refide within his bounds ; and fhall without delay notify fuch citizen of the faid enrollment, by a proper non-commiffioned of- ficer of the company, by whom fuch notice may be proved. That every citizen fo enrolled and notified, mall within fix months thereafter, f?qw to be provide himfelf with a good mufket or fire- lock, a fufficient bayonet and belt, two fpare flints, and a knapfack, a pouch with a box there- in to contain not lefs than twenty four car- tridges, fuited to the bore of his mufket or fire- lock, each cartridge to contain a proper quan- tity of powder and ball : or with a good rifle?

armed and

accoutred

C 93 ]

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

Seel, 2. And be it further enacled0 That the Execute Vice-Prefident of the United States ; the of- J*Jj^J» ficers, judicial and executive of the govern- empted. ment of the United States ; the members of both houfes of Congrefs, and their refpective officers ; all cuftom-houfe officers with their clerks; all poft officers, and ftage-drivers, who are employed in the care and conveyance of the mafl of the p'bft- office of the United - States ; all ferrymen employed at any ferry on the poft-road; all infpe&ors of exports ; alt pilots ; all mariners actually employed in the fea-fervice of any citizen or merchant within ; the United States ; and all perfons who now are or may hereafter be exempted by' the laws- of- the refpective flates, fhall be, and are here- by exempted from^ militia duty, notwkh- ftanding their being above the age of eighteen, and under the age of forty^five years.

C 94 ]

ilolT b ^e<a* 3* ^/7^ ^ z/ further enafled, That arranged, within one year after the palling of this a6t, and the militia of the refpeclive ftates (hall be ar-

ranged into divifions, brigades, regiments, bat- talions and companies, as the legiilature of , each Hate fhall direct ; and each divifion, bri- gade and regiment, mall be numbered at the formation thereof ; and a record made of fuc'h numbers in the adjutant-general's office in the Hate ; and when in the field, or in fervice in the Hate, each divifion, brigade, and' regiment fhall, refpeclively, take rank according to their numbers, reckoning the firft or loweft num- ber higheft in rank. That if the fame be con- venient, each brigade fhall ccnfift of four re- giments ; each regiment of two battallions ; each battallion of five companies ; €ach com- fcy whom pany of fixty-four privates. That the faid rriili- efficercd. tja ^ajj ^e 0{fLCtYed by the refpeclive ftates, as follows : To each .divifion, one major-general and two aids-de-camp, with the rank of major ; to each brigade, one brigadier-general, with one brigade-infpecl:or, to lerve alfo as brigade- major, with the rank of a major ; to each re- giment, one lieutenant-colonel commandant ; . and to each battallion one major ; to each company one captain, one lieutenant, one en- iign, four ferjeants, four corporals, one drum- mer and one fifer or bugler. That there fhall be a regimental ftaff, to confrft of one adjutant and one quarter- mafter, to rank as lieutenants; one pay- mafter, one furgeon, and one furgeon's mate ; one ferjeant-major ; one drum-major, and one fife-major.

Sec. 4. And be it further enabled, That out

of the militia enrolled, as is herein directed,

(hall be formed for each battallion at

; apany of grenadiers, light infantry

[ 95 3

or riflemen ; and that to each divifton, there Eacji b-at- mall be at lead one company of artillery, and hl^one one troop of horfe : there {hall be to each company of company of artillery, one captain, two lieute- &£"* nd ' nants, four ferjeants, four corporals, fix gun- onecomp*. ners, fix bombardiers, one drummer and one J1^0 fifer. The officers to be armed with a fword office's or hanger, a fufee, bayonet and belt, with a how t© be cartridge-box to contain twelve cartridges ; arme ' and each private or matrofs mall furnifii him- felf with all the equipments of a private in the infantry, until proper ordinance and field ar- tillery is provided. There mail be to each „

J r i r • i • Troops of

troop or none, one captain, two lieutenants, horfe how one cornet, four ferjeants, four corporals, one o[r'ecred> faddler, one farrier, and one trumpeter. The commiffioned officers to furniih themfelves with good horfes, of. at leaf! fourteen hands and an half high, and to be armed with a fword, and pair of pidols, the holders of which to be covered with bearikin caps. Each dragoon to furmih himfelf with a ferviceable horfe, at lead fourteen hands and an half high, a good faddle^ bridle, mail-pillion and valife, holders, and a bread-plate and crupper, a pair of boots and fpurs, a pair or pidols, a fa- bre, and a cartouch-box, to contain twelve cartridges for pidols. That each company of artillery and troop of horfe mall be formed of ^orfJJ f volunteers from the brigade, at the difcretion whom to be of the commander in chief of the date, not Iormed * exceeding one company of each to a regiment, „ ,

o i J o ? to be urn ■

nor more in number than one eleventh part formiy clad of the infantry, and (hall be uniformly cloathed *phJjj°WU: in regimentals, to be furnifhed at their own expenfe ; the colour and faOiibri to be deter- mined by the brigadier commanding the bri- gade to which they belong.

C f 1

What co- Sec. 5. And be it further enabled, That each jors, &c. battallion and regiment mall he provided with

and by in * • » 7 , 1 ^ 1 »

^vjomtobc the kateand regimental colours by the field funmhtd. 0fficerSj anc| each company with a drum and fife cr bugle-horn, by the commhTioned offi- cers of the company in fiich manner as the legillature of the refpetiive ftates mall direct.- ',. v Sec. 6* And be it further enabled, That

Adjutant- J ' .

general in there mall be an adjutant-general appointed Ssdiuy6 *n eac^ ^ate' wn°fe duty it mall be to diftri- bute all orders from the commander in chief of the ftate to the feveral corps ; to attend all public reviews when the commander in chief of the ftate lhall review the militia, or any part thereof ; to obey all orders from him re- lative to carrying into execution and perfec- ting the fyftem of military difcipline .eftablifti- e_d by this act ; to furnifli blank forms of dif- ferent returns that may be required, and to explain the principles on which they fhould be made ; to receive from the feveral officers of the different corps throughout the ftate, returns of the militia under their command, reporting the actual fituation bf their arms, accoutrements and ammunition, their delin- quencies and every other thing which relates to the general advancement of good order and difcipline : All which the feveral officers or the divifions, brigades, regiments and battaU lions, are hereby required to make in the ufu-* al manner, fo that the faid adjutant-general may be duly furnifhed therewith : From all which returns, he fhall make proper abftracls, and lay the fame annually before the com- mander in chief of the ftate. Rules of Sec. 7. And be it further enabled, That the

difcipline. rules of difcipline, approved and eftablifhed by Congrefs in their reiblution, of the twen*

[ 97 3

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

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

Sec. 9. And be it further enaclcd, That if provifion any peribn, whether officer or foldier, belong- ia cafc ot" ing to the militia of any Hate, and called out &c. into the fervice of the United States, be woun- ded or difabled while in actual fervice, he mall be taken care of and provided for at the pub- lic expenfe.

Sea 10. And be it further enacled- That it „ . , . mail be the duty of the brigade mfpector, to fpe&or's attend the regimental and battallion meetings dut?- of the militia compofing their feveral brigades, during the time of their being under arms, to infpect their arms, ammunition and accoutre- ments ; fuperintend their exercife and ma- noeuvres, and introduce the fyftem of milita- ry difcipline before defcribed throughout the brigade, agreeable to law, and fuch orders as they (kail, from time to time, receive from the

Vol. II. N

[ 98 ]

Brigade in-

fpciilor's

duty.

Artillery, &(N now ■exifting,

to retain their pri- vileges. .

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

< And whereas fundry corps of artillery, ca- valry and infantry, now exift in feveral of the faid fiates, which by the laws, cuftoms or ufages thereof have not been incorporated with, or fubject to the general regulations of the mi- litia :

Sec. ii. Be it further enabled, That fuch corps retain their accuftomed privileges, fub- je£L> neverthelefs, to all other duties required by this act in like manner with the other mi- litia.

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefeniatives.

RICHARD HENRY LEE, Prefident pro tempore of the Senate.

Approved, May eighth, 1792 :

GEORGE WASHINGTON,

Prefident of the United States.

C 99 J

CHAPTER XXXIV.

An Acl relative to the Compenfations to certain Officers employed in the Cdicclion. of the Duties. cf Impoft and Tonnage.

Section i.TFJE it enacted by the Senate and JL-3 Houfe of Representatives of th$ United States of America in Congrefs a/fembled, That from and after the Iaft day of June next, in addition to the fees and emoluments which may accrue to the officers employed in the: fpec|filc a*_ collection of the duties of impoft and tonnage, lowance by the proviftens already made, they fhall fe- ju]'y next verally have, and be entitled to the refpeclive to certain

nl J r n • • 1-t-" r iurveyors

allowances following., to wit ; ifte iurveyors. andcoikc- of Newburyport, Salem, Saint Mary's and tora- Wilmington in North- Carolina, the yearly fum of. one hundred dollars, each ; the fur- veyors of Beverley, North-Kmgflon, Eaft- Greenwich, Warren, Briftol, Pawcatuck-ri- ver, Providence, Patuxet, New-Haven, Lew- ellenfburg,. Alexandria, Beaufort, Hertford,, Winton, Bennet's creek, Plymouth, Windfor,. Skewarkey, Murfreefborough, Nixonton, In- dian-town, Currituck-inlet, Pafquotank-river bridge, and Newbiggen creek, the yearly fum of eighty dollars, each ; the furveyor of Portf*- mouth, the yearly fum of fixty dollars ; the furveyors of Ipfwich, Portland, Newport, Stonington, Middleton, Bermuda-Hundred,. Peterfburg, Richmond and Savannah, the yearly fum of fifty dollars, each ; the furvey- ors of Gloucefter, New London and Swanfbo- rough, the yearly fum of thirty dollars, each ; the furveyors of Hudfon, Little Egg-harbor, Suffolk, Smithneld, Urbanna, and Frederickf- burgf the yearly fum of twenty dollars, each 5 the collector of the diftrift of Wilmington in,.

[ ioo ]

Additional North-Carolina, the yearly fura of one hull* lowance tired and fifty dollars ; the collectors of the STa/it ^^ri^s olC Portfmouth, Gloucefter, Albany, to certain Annapolis, Vienna, Nottingham, York-town, furveyors Dumfries and Louifville, the yearly mm of

unci coll CO ^

tors. one hundred dollars, each ; the collector of

the diftridt of Fairfield, the yearly fum of eigh- ty dollars ; the collectors of the diftricls of Marblehead, Plymouth, Barnftable, Nantuc- ket, New Bedford, Digliton, York, Bidde- ford and Pepperelborough, Bath, WifcaiTet, Machias, Newport, New-Haven, Perth Am- boy, Great Egg-harbor, Wilmington in De- laware, Chefter, Cedar-point, George-town, Hampton, South Quay, Washington, Plank- bridge and George-town in South-Carolina, the yearly fum of fifty dollars, each ; the na- val officer of the dlfhrlct of Portfmouth, the yearly fum of one hundred dollars ; the naval officers of the diftricts of Newburyport, New- port, Providence, Wilmington in North- Caro- lina and Savannah, the yearly fum of fifty dollars, each ; the collector of the dillrict of Salem and Beverley, one fourth of one per centum on the amount of all monies by him received on account of the faid duties ; and to the collectors of the diftricts of Portfmouth, Newburyport, Gloucefter, Marblehead, Ply- mouth, Nantucket, Edgartown, New Bed- ford, Dighton, York, Biddeford and Peppe- relborough, Portland, Bath, WifcaiTet, Penob- fcot, FrenchmanVbay, Machias, Newport, Providence, New-Haven, Fairfield, Perth Am- boy, Burlington, Great Egg-harbor, Wilming- ton in Delaware, Oxford, Vienna, Snowhill, Annapolis, Nottingham, Cedar-point, George- town in Maryland, Hampton, York-town, Yeocomico, Dumfries, Foley-landing, Cherry-

C ioi 3

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

Sect. 2. And be it further enabled, That from and after the laft day of June next, the allow- To C0'Iec- ance of three-fourths or one per centum to the York and collectors of the diftri&s of Pennfylvania and Pennfyiva, the city of New- York, on the amount of all per cent, monies by them refpectively received, on ac- &c- count of the duties of impofl and tonnage, mail ceafe, and inftead thereof, they (hall, af- ter that time, be entitled to one-half of one per centum on all fuch monies by them reflec- tively received.

Sec. 3. And be it further enabled. That from and after the lad day of June next, the expenfe office rent, of fuel, office-rent and neceffary ftationary, ^fr °l^' for the collectors of the diflricts of Salem and le^ors, Beverley, Bolton and Charleftown,the cities of h°™ tobc New- York, Philadelphia and Charlefton, the towns of Baltimore, Norfolk and Portfmouth, mail be paid, three-fourths by the faid col- lectors, and the other fourth by the refpective naval-officers in thofe diftricls.

Sec. 4. And be it further enabled, That when- ever a Collector fhall die, the commiffions, to J™^1" which he would have been entitled on the re- death of a ceipt of all duties bonded by him, fhall be Sw^S*. equally divided between the legal reprefenta- fed of. tives of fuch deceafed collector and his fuccef- for in office, whofe duty it fhall be to collect the fame ; and for this purpofe the faid repre- fentatives fnall deliver over to fuch fuccerlorall

[ 102 ]

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

JONATHAN TRUMBULL, Speaker of the Houfc of Reprefentaii-ves. RICHARD HENRY LEE, Prefident pri

tempore of the Seriate., Approved, May eighth, 1792 :

GEORGE WASHINGTON,

Prefideni of the United States,

CHAPTER XXXV.

An Acl to continue in Force the Act, intitledy i' An act to pro-vide for mitigating or remit- ting the Penalties and Forfeitures accruing under the Revenue-Laws in certain Cafesy" and to make further Provifion for the Payment of Penfions to Invalids.

(expired.)

CHAPTER XXXVI.

An Acl for regulating Proceffes in the Courts of the United States , and providing Compenfa- tion for the Officers of the faid Courts, and for furors and IVitneffes.

Secb. 1 . "IQI E it enacled by the Senate and Floufe

J13 of Reprefeniatives of the United

Writs by States of America, in Congrefs afembled, That all

Sf''*1'? writs and proceffes iffuino- from the iupreme or

ted. a circuit court, ihall bear teil of the chief juf-

[ W3 ]

tice of the fupreme court (or if that office mall be vacant) of the affociate jultice next in pre- cedence ; and all writs and proceffes iffuing from a diftrict court, mall bear left of the judge of fuch court, (or if that office fhall be vacant,) of the clerk thereof, which faid writs and pro- cefies mall be under the feal of the court from whence they ifliie, and figned by the clerk thereof. The feals fhall be provided at the ex- penfe of the United States.

Sec. 2. And be it further enabled. That the ancj feaia form of writs, executions and other procefs, provided, except their ftile and the forms and modes of

* ■ i • r • • i ■ r r i Forms of

proceeding m iuits m thole or common law write| &c. fhall be the fame as are now ufed in the faid courts reflectively in purfuance of the act, in- titled, 4i An act to regulate praceffes in the courts of the United States," in thofe of equity and in thofe of admiralty and maritime juris- diction, according to the principles, rules and ufages which belong to courts of equity and - to courts of admiralty, refpe&ively, as eontra- difiinguifhed from courts of common law ; ex- cept fo far as may have been provided for by the act to eftablifh the judicial courts of the United States, fubject however to fuch altera- tions and additions as the faid courts reflec- tively fhall in their difcretion deem expedient,, s or to fuch regulations, as the fupreme court of the United States fhall think proper from time to time by rule to prefcribe to any circuit or diftrict court concerning the fame : Provided, when That on judgments in any of the cafes afore- ^"take faid, where different kinds of executions are out a ca- ifluable in fucceffion, a capias ad fatisfaciendum ^faciea-'" being one, the plaintiff fhall have his election d»ni,-in to take out a capias ad fatisfaciendum. in the firft nanceT mftance.

[ 104 ]

fees for Sec. 3. And be it further enacted, That

ftrving from and after the palling this act, the fees ' ' and compensations to the feveral officers and other perfons hereafter mentioned, (hall be as follows : that is to fay, to the marfhals of the feveral diftricls of the United States, for the fervice of any writ, warrant, attachment or procefs in chancery, on each perfon named in the fame, two dollars : for his travel out in ferving each writ, warrant, attachment or pro- cefs aforefaid, five cents per mile, to be com- puted from the place of fervice to the court where the writ or procefs mall be returned ; and if more perfons than one are named there- in, the travel (hall be computed from the court to the place of fervice which is mod remote, adding thereto the extra travel neceffary to ferve it on the other : Provided, That the fee for travel where there is one perfon named in fuch writ, warrant, attachment or procefs, feall in no cafe exceed feven dollars, and when there are more than one, the fee for extra tra- vel fhall not exceed one dollar above feven for bail dollars for each perfon. For each bail bond, fdiin* Vef- ^y cents : f°r felling goods and veifels con- fds and demned, and receiving and paying the money, goods; three per cent : for every commitment or dif- ment or charge or a prifoner, fifty cents : for fummon- ofa'prifen- mS witneffes, where he does it, each thirty er- fum- cents : for fummoning a grand or petit jury,

zoning ju- each th].ee dolkrs . prov}dedi That in thofe

dates where jurors by the laws of the flate are

Provifo in drawn by conftables or other officers of cor-

favor of porate towns or places by lot, the marfhals

ibbfe ; mall "receive for the ufe of fuch conftables or

officers the fees allowed for fummoning juries :

For attending the fupreme, circuit or diflridt

courts, five dollars per day, and at the rate of

[ io5 ]

ten cents per mile for his expenfes and time for m?v< in travelling from the place of his abode to; ing coum ; either of the faid courts : For levying an ex- icvy;IlS ex- ecution, and for all other fervices not herein e^tion, enumerated, fuch fees or compenfation as are c allowed in the fupreme court of the (late where the fervices mall be rendered : To the fces ()f clerk of the fupreme court of the United cljrkw States, ten dollars per day for his attendance in court, and For his other fervices m discharg- ing the duties of his office, double the fees of the clerk of the fupreme court of that Hate in which the fupreme court of the United States mall be holden. To the clerk of the di Uriel and circuit courts, fuch fees in each flate ref- pecdvely as are allowed in the fupreme courts of the fame ; and five dollars per day for his attendance on any circuit or dift.net. court, and at the rate of tzn cents per mile for his expenfes and time in travelling from the place of his abode to either of the faid courts. And in. cafe any clerkof a court of the UniteckStates mail in difchaging the duties of his office per- form any kind of fervice which is not per- formed by the clerks of the courts of the ftate, and for which the laws of the ftate make no allowance, the court in which fuch fervice mail be rendered may allow a reafonable com- penfation therefor. To each grand and petit . . juror fifty cents per day for attending in court, and for travelling at the rate of five cents per every mile from their refpective places of abode to the place where the court is held, and the like allowance for returning; : To ,,- ~ witneffes fummoned in any of the courts of the United States the fame compenfations in each ftate refpeclively as are allowed in the fupreme courts of the fame : To the attorney Vol. II. O

I 1 06 J

Attofnies. 0f tfte United States for thediftricl:, fuch fees in each ftate refpeftiveiy as are allowed in the fupreme courts of the fame, and alfo the like compenfation for travelling as is above allow- ed to the clerk of the diflrid and circuit courts.

Marfliai to Sec. 4* &*d be it further enacltd, That the' have the " marfhal fliall have the cullody of all vefitk veffeis'feiz- an<^ goods feized by any officer of the revenue, td, and be and {hall be allowed fuch compenfation there- uiopen- f°r as *:ne court may judge reafonable : And fesoffud,. there fhallbe paid, to the marfhal the amount. ceive^nT of the expenfe for fuel, candles, and other paythefecs reafonable contingencies that may accrue in Sfc,Ur0rS' holding the courts within his diurict, and pro- viding the books neceffary to record the pro- ceedings thereof: and fuch amount, as alfo the compenfations aforefaid to the grand and petit jurors : To the witnelfes fummoned on the part of the United States, to the clerk of the fupreme court for his attendance ; to the clerks of the difirict and circuit courts for their travelling and attendance ; to the attor- ney of the diitricl: for travelling to court ; to- to the marmal for his .attendance at court ; for fummoning grand and petit jurors and wit- neffes in behalf of any prifoner to be tried for- a capital offence ; for the maintenance of pri- soners confined in gaol for any criminal of- fence, and for the commitment or difcharge of fuch prifoner ; and alfo the legal fees of the clerk, attorney and marmal, in criminal profecutions,. mall be included in the account of the marfhal ; and the fame having been x examined and certified by the court or one of the judges of it in which the fervice mail, have- been rendered, mail be paifed in the ufual manner at and the amount thereof paid out •£ the treafury of the United States, to th&

[I 107 ]

inaririal, and by him mall be paid over to the perfons entitled to the fame, and the marfhal (hall be allowed two and an half per cent on his allow, •the amount by him fo paid over, to be charged J£fe tacre" in his future account.

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

Sec. 6. And be it further enacled, That the Fees herein fees and compenfations to the feveral officers iSv^S! and perfons herein before mentioned, other than thofe which are above directed to be paid out of the treafury of the United States, mail . be recovered in like manner as the fees of the officers of the ftates refpectively for like fervi- ces are recovered.

C io3 ] RhuUv on Sec. 7. ^rtd & // jtofe ehafled, That if any

demanding / . , , J . ' . /

unlawful oihcer herein beiore mentioned, or his depu- "'"• ty, ihall by reafon or colour of his office, wil-

fully and corruptly demand and receive any greater fees than thofe allowed by this acl, he ihall on conviction thereof in any court of the United States, forfeit and pay a fine not ex- ceeding five hundred dollars, or be iinprifon- ed not exceeding fix months, at the difcretion of the court beiore whom the conviction {hall be.

Certain ^ Sec. 8. And be if further endcled. That the a^srepev- ^ pa|^e(j at jjjg |a^. feff10I1 0f Congrefs, inti- tled, " An act. to continue in force for a limi- ted time, an aft palled at the firft feffion of Congrefs, intitled, " An acl to regulate pro- ceffes in the courts of the United States;'5 and alfo another aft paffed at the laft feffion of Congrefs, intitled, " An act providing eom- •penfations for the officers of the judicial courts of the United States, and for jurors and wit- nefTes, and for other purpofes," be, and the fame are hereby repealed. .Ckricof sec. ^. JLnd $g it further enacted, That it

trlnrmk'to fhall be the duty of the clerk of the Supreme clerks of C.ourt of the United States, forthwith to tranf- courtb the mit to tjie clerks of the feveral circuit courts, form of a tlie form of a writ of error, to be approved by %m-. ' any two of the Judges of the Supreme Court, and it (hall be lawful for the clerks of the laid circuit courts to iffue writs of error agreeably to fuch forms, as nearly as the cafe may ad- mit, under the feal of the faid circuit courts, returnable to the Supreme Court, in the fame manner as the clerk of the Supreme Court may iffue fuch writs, in purfuance of the act, •intitled, " An act to eflablifh the judicial ^courts of the United States,"

<[ log ]

Sec. i'o. And be it farther enacled, That it whfa iliall and may be lawful for the clerks of the take \ceag. difirict and circuit courts, in the abfence, or in nizanees &

bene eFe

cafe of the difability of the judges, to take re- - f>' cognizances of fpecial bail, de bene cfji\ in any .action depending in either of the faid courts, and alio the affidavits of all furveyors relative and affida- to their reports, and to adminifier oaths to all veyo«f&o perfons identifying papers found on board of vefTels or elfewhere, to be ufed on trials in ad- miralty caufes.

Sec. ii. And be it further enacled, That 7™er? ■ In all fuits and aclions in any diilricl: court of Jas counfel" the United States, in which it mail appear that f^ a party. the judge of fuch court is, any ways, concern- ed in intereft, or has been of counfel for cither party, it {hall be the duty of fuch judge on application of either party, to caufe the fact, their duty to be entered on the minutes of the court, and c"fe"cl1 alfo to order an authenticated copy thereof, with all the proceedings in fuch fuit or action, . to be forthwith certified to the next "circuit court of the diftricl:, which circuit court (hall, thereupon, take cognizance thereof, in the like manner, as if it had been originally com- menced in that court, and fhall proceed to hear and determine the fame accordingly.

Sec. 12. And be ii frrther enacled* That Records ci all the records and proceedings of the court court f

' c ii r i • appeals to

or appeals heretofore appointed, previous to be depo the adootion of the prefent conflitution, {hall fitetJwi{^

A ■* , citric of

be depofited in the office of the clerk of the fupreme fupreme court of the United States, who is court- hereby authorized and directed to give copies or all fuch records and proceedings, to any perfon requiring and paying for the fame, in like manner, as copies of the records and other proceedings of the laid court are by \yw

I *10 ]

4ire£ted to be given : which copies mall have like faith and credit, as all other proceedings ©f the faid court.

JONATHAN TRUMBULL, Speaker of the Houfe of Representatives,

RICHARD HJLNRY LEE, Prefidenl pft tempore of the Senate,

Approved, May eighth, 1792:

GEORGE WASHINGTON,

Prefident of the United States,

.Account- ant in the war dc-

-Mrtmcnt. Sib duty.

CHAPTER XXXVII.

An Ac! making Alterations in the Treafury and War Departments.

Section

1.

E it enacted by the Senate and Houfe of Reprefentatives of the United States of America^ in Congrefs ajfembltd^ That there be an accountant to the depart- ment of jwar, who mall be charged with the fettlement of all accounts relative to the pay of the army, the fubfiftence of officers, boun- ties to foldiers, the expenfes of the recruiting fervice, the inciderW al and contingent expenfes of the department ; and who fliall report from time to time, all fuch fettlements as mail have been made by him, for the infpeclion and re- vifion of the accounting officers of the treafii/- ry ; and the faid accountant mail alfo be charg- ed with the fettlement of all claims for perfon- al fervice authorized by the act of this Con- grefs of the twentv-feventh of March laft, and of all military claims lodged in -the late office . of the paymafter general and commiffioner @f

army accounts, which are not foreclofed by the acts of limitation of the late Congrefs, and he fhall report from time to time, all fvch ibttlements as have been made by him, for the infpeclion and revifion of the Comptroller of the Treafury. The compenfation of the laid accountant mall be a yearly falary of one thou- ShhrY: and two hundred dollars.

Sec. 2'. And be it farther enacled, That the Duty cf the Treafurer of the United States mall difburfe '^feflwj all fuch monies- as mall have been previoufl-y hereki. ordered for the ufe of the department of war by warrants from the treafury ;■ which difburfe- ments flia.ll be made purfuant to warrants, from, the Secretary at War, counterfigned by the accountant.

Sec. 3. And be it b.e further eqacled, That Paymafter there be a paymafter to refide near the head ^ops Ms quarters of the troops of the United States: duty. That it mall be the duty of the faid paymaf- ter, to receive from the treafurer all the monies which fhall be entrufted to him for the puroofe of paying the pay, the arrears of pay, fubfif- tence or forage, due to th? troops of the Uni- ted States.- That he fhall receive the pay ab- ftra&s of the paymafters of the fever al regi- ments or corps, and compare the fame with the returns or mufter rolls which fhall accom- pany the faid pay abftra&s. That he fhall cer- tify accurately to the commanding officer, the- funis due to the refpeclive corps, which flialE have been examined as aforefaid, who fhali thereon iffue his warrant on the faid deputy- paymafter, for the payment accordingly. That copies of all reports to_the commanding offi- cer, and the warrants thereon, fhall be duly tranfmitted to the office of the accountant of the war department, in order to be. there ex-

bond.

His Hilary.

[ !M ]■

amined and finally adjusted at the treafury. That the faid paymafter mall give bond in the To give Aim of twenty thouCand dollars., with two suf- ficient fureties, for the faithful difcharge of his duty, and he mall take an oath faithfully to ex- ecute the duties of his office. That the com- penfation to the faid. paymafter fnall be fixty dollars monthly, with the fame rations and forage as a major.

Aflignment Sec. 4. And be it further -enacted) That no of pay by a afrip-nment 0f pay made after the fir ft day ol

foiclier at- a r j rr

tenajune June next, by a non-commiiiioned officer or next nut privat (hall be valid.

valid. r ' _

Sec. 5. And be it further enacted. That all for fuppiy- purchafes and contracts for fupplymg the army i»g the with provisions, clothing, fupplies in thequar- niadeander ter-ma'fter's department, military (lores, Indian the Secre- goods, and all other fupplies or articles for the

tarv of the *J

•jreai'ur'y. ufe of the department or war, be made by or under the direction ©f the treafury depart- ment.

To direia sec, £, And be it further enatled. That the twr/ofdu- Secretary of. the Treafury ihall direct the fu- ries, &c. perintendance cf the collection of the duties

on impost and tonnage as he mall judge beft.

That tlie prefent office of Afiiftant to the Se- Affift-mt. eretary cf the Treafury, be aboliihed, and that aboiiihed& instead thereof there be an officer in the de- Commif- partment of the Treafury, to be denominated

jioncr or * " ' ' '■* * '' *" —

the Reve- Commiffioner of the Revenue, who ihall be nue fubfh- chaj-ged with fuperintending, under the direc- tion of i he head of the department, the collec- tion of the other revenues of theUnitedStat.es, His. duty. anj £| a|| execute luch other fer vices, being conformable to the constitution of.the depart- ment, as fnall be directed by the Secretary cf the Treafury. That the compenfation of the

[ "3 ]

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

Sec. 7. And be it further enabled, That in And _ every cafe of an account or claim not finally ers, with adjufted, upon which the prefent Comptroller JJr-aSdSt- of the Treafury, as Auditor, may have deci- tomey Ge- ded, it fhall be the duty of the Commiffioner nera1, of the Revenue, and of the Auditor of the Treafury, finally to adjuft the fame, and in cafe of difagreement between the faid Com- miffioner and Auditor, the decifion of the At- torney General fhall be final.

Sec. 8. And be it further enabled, That in p0werof cafe of the death, abfence from the feat oT 'he pJje£V government, or ficknefs of the Secretary of death, &c. State, Secretary of the Treafury, or of the Se- ? . ^ of cretary of the War Department, or of any the three officer of either of the faid departments whofe dePart>

. ,r r -l merits,

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

Sec. 9. And be it further enacled, That the Jer^"ry

forms of keeping and rendering all public ac- mmt to

counts whatfoever, {hall be prefcribed by the PJ^'/^

deparinent of the Treafury, . keeping ac-

counts.

Sec. 1 o. And be it further enacled, That in

addition to the compenfations allowed to the }Tedl]y aJ-

. y lowance to

Comptroller, Auditor, Treafurer, 'and Regif- certain of- ter of the Treafury, by. the " acl for eflablilh. f,""^- ng the falaries of the executive officers of go. fury& At, Vol. II. P '

r "'4 i

torney Ge- neral.

Secretary op the Treafury allowed 2 principal clerks.

ReftriiSr.ion on his clerk' as to carry Tag on trade abolished ; and that as to the funds extended to all reve- nue o ni- cer s, &c.

Privilege of franking extended to commif- iioner of the reve- nue.

vernment, their affiftants and clerks," and 't<r the Attorney General by the " Act for alloy/- ing certain compenfations to the judges of the fupreme and other courts, and to the Attorney General of the United States," the faid officers refpectively fhall be allowed the following year- ly fums, viz. the Comptroller four hundred dollars; the Auditor four hundred dollars; the Treafurer four hundred dollars ; the Regifter five hundred dollars ; the Attorney General four hundred dollars.

Sec. 1 1 . And be it further enabled, That the. Secretary of the Treafury be authorized to have two principal clerks, each of whom to have a falary of. eight hundred dollars per an- num; and that, the falary of the chief clerk o£ the department of war, be at the rate of eight hundred dollars per year.

Sec. 1 2. And be it further enafled. That, the rellriclion on the clerks of the depart- ment of the treafury, fo far as refpects the car- rying on of any trade or bufmefs, other than in the funds, or debts of the United States or of any ftate, or in any kind of public proper- ty, be aboliihed, and that fuch reftriclion, fo far as refpecls.the funds or debts of the United States, or of any (late, or any public property of either, be extended to the commiffioner of the revenue, to the feveral commifiioners of loans,, and to all perfons employed in their refpe&ive offices, and to all officers of the United States concerned in the collection or difburfement of the revenues thereof,, under the penalties pre.- fcribedin the eighth feclion of the aft, intitled, " An act- to e.ftablim the treafury department,'* and the provifions relative to the officers in the treafury department, contained in the " Act to eftablifh. the pod office and poll roads,'**

I vs ]

rfhall be and hereby are extended and applied ?to the commiffioner of the revenue.

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE, Prefident pm tempore of the Senate.. .Approved, May eighth, 1792 :

GEORGE WASHINGTON, Prefident of the United States,

CHAPTER XXXVIIL

A n Ail fupplementary to the Acl making Pre- vflon for the Debt of the United States.

Sec. 1. TO> E it enacled by the Senate and J[3 Houfe of Reprefentatives of the United States of America, in Congrefs ajembled, That the term for receiving on loan that part Temsibr of the domeftic debt of the United States, recfivins,

i»ii- 1 • r 'on loan the

which hath not been fubfcribed purfuant to mifubfcn-

the terms propofed in the a&, intitled, " An Jj^SJ1^

■aft. making provifion for the debt of the Uni- u. states

ted States," mall be, and it is hereby extend- extended-

ed, on the fame terms, as in and by the faid

#ct is provided, to the firft day of March next ;

,sxid books, for receiving fuch farther fubfcrio- s«ibfcrip-

n ,,, , & , r r ,x turn books.

tions, mall be opened at the treat ury or the to be open- United States, and by the commimoners of ed- loans, in each of the laid dates, on the firft: day of June next, which (hall continue open until the faid firft day of March next inclu- sively $ for which purpofe, the faid eomm&.

[ "6 ]

fioners, refpeclively, are hereby Inverted with the like powers, and required to perform the like duties, as in and by the laid acl is directed.

intercft to ^ec. 2* ^n ^ be it further ena&ed, That p'oh fub- fuch of the creditors of the United States, as Scditofs. have not fubfcribed and fhall not fubfcribe to the faid lean, (hall neverthelefs receive a rate per centum on the amount of fo much of their refpective demands, as well for interefl as principal, as, on or before the lirfl day of March, (hall be regiftered, conformably to the directions of the faid acl, as fliall be equal to the interefl payable to the fubferibing cre- ditors, which fliall be payable at the fame times and places, and by the fame perfons, as in and by the faid acl is directed.

Term for Sec. 3* ^nd ^e ^ further enacled, That the receiving term for receiving upon loan that part of the extendeV8 debts of the refpective ftates, which hath not been fuofcribed purfuant to the terms propo- fed in the acl aforefaid, mail be, and it is here- by enlarged on the fame terms, as in and by the faid acl is provided, until the frrft day of March one thoufand feven hundred and ninety three inclufively ; for which purpofe, books fubicrip- mall be opened at the treafury of the United sion books States, and by the commiffioners of loans in $t. e each of the faid ftates, on the firfl day of June 'next, which fliall continue open until thefirfl day of March, one thoufand feven hundred and ninety three inclufively ; for which pur- pofes the faid commiffioners are hereby in- verted with the like powers, and required to perform the like duties, as, in and by the faid acl, is directed.

Sec. 4. Provided ahv ays ^ and be it further cnaffed, That the commiiTioner of loans for

C "7 ]

North-Carolina mall not be allowed to receive Certain

cert i iic.h tcs

any certificate ifTued by Patrick Travers, com- <><- n. caro- miiiioner of Cumberland county, or by the Jjn* exclu" commiiiioners of army accounts at Warren- ton.

Sec. c. And whereas the United States are r>ebt due

i -i ' T r • rr to certain I

indebted to certain foreign officers, on ac- jorejgn f)fj count of pay and fervices during the late war, ficers.pj*-

i • n i r r l T "dent to

the lritereft whereor, puriuant to the certiu- Caufe to be cates granted to the faid officers by virtue of a Pald- refolution of the United States in Congrefs affembJed, is payable at the houfe of

Grand, banker, at Paris, and it is ex- pedient to difcharge the fame ; Be it therefore enafted. That the Prefident of the United States be, and he hereby is authorised to caiife to be discharged the principal and intereft of the faid debt, out of any of the monies, which have been or mall be obtained on loan, in vir- tue of the act aforefaid, and which fhali not be necefiary ultimately to fulfil the purpofes for which the faid monies are, in and by the faid act, authorized to be borrowed.

Sec. 6. And be 'it further enabled. That the Certain11 Prefident of the Senate, the Chief Mice, the Perfon;a9-

_ pointed

Secretary of State, the Secretary of the Trea- coirimiiiv. furv, and the Attorney General, for the time OTXrrf, ll° bemg, mail be commimoners, who, or any debt of the three of whom, are hereby authorized, with LJ" s' *:c' the approbation of the Prefident of the Uni- ted Slates, to purchafe the debt of the United States, at its market price, if not exceeding the par or true value thereof ; for which pur- chafe the intereft on fo much of the public debt, as has already been, or may hereafter be purchafed for the United States, or as fhall be paid into the treafury, and fo much of the monies appropriated for the payment of the in-

I 1.8 ]

tereft on the foreign and domeftic debt, as mall exceed what may be fufficient for the pay- ment of fuch interefl to the creditors of the United States, mail be and are hereby appro- priated. And it mail be the duty of the faid commimoners to render to the legiilature, with- in two months after the commencement of the foil, feffion thereof in every year, a full and precife account of all fuch purchafes made* and public debt .redeemed, in purfuance of this aft.

•out of a Sec. 7. And .whereas it is expedient to efla- iund erec- klifh a fUnd for the gradual redu&ion of the

ted for tne o

imrpoie public debt ; Be it further enacled, That the interefl on fo much of the debt of the United States, as has been or mall be purchafed or re- deemed for or by the United States, or as fhall he paid into the treafury thereof in fatisfa&ion of any debt or demand, and the furplus of any fum or fums appropriated for the payment of the interefl upon the faid debt, which fhall re- main after paying fuch interefl, mail be, and hereby are appropriated and pledged firmly and inviolably for and to the purchafe and redemp- hrwtobe tion of the faid debt, to be applied under the applied. direction of the Prefident of the Senate, the Chief juflice, the Secretary of State, the Se- cretary of the Treafury and the Attorney Ge- neral for the time being, or any three of them, with the approbation of the Prefident of the United States, for the time being, in manner following, that is to fay : Firft, to the purchafe of the feveral fpecies of flock conflituting the debt of the United States, at their refpective market prices, not exceeding the par or true value thereof, and, as nearly as may be, in equal proportions, until the annual amount of the faid funds, together with any other provi- sions which may be made by law, fhall be equal

C "9 3

to- two per centum of the whole amount of the outftanding funded flock bearing a prefent in- terefl of fix per centum : Thenceforth, Se- condly, to the redemption of the faid laft men- tioned flock, according to the right for that, purpofe referved to the United States, until the whole amount thereof fhall have been redeem- ed : And Laflly, after fuch redemption, to the purchafe, at its market price, of any other flock confiding of the debt of the linked. States, which may then remain unredeemed : and fuch purchafe, as far as the fund fhall at any time extend, fhall be made within thirty days next after each day, on which a quarter- ly payment of interefr. on the debt of the Uni- ted States, fhall become due, and fhall be made by a known agent, to be named by the laid ccmmimoners.

Sec. 8. And be it further enacled? That all , future purchafes of public debt on account of how to bL the United States, mail be made at the lowefl made- price, at which the fame can be obtained by open purchafe, or by receiving fealed propo- falSj to be opened in the prefence of the com- miflioners, or perfons, authorized by them to make purchafes, and the perfons making fuch proposals.

Sec 9, And be it further enacled, That Qnarteriv* quarter yearly accounts of the application of apolkatib* the faid fund fhall be rendered for fettlement, of faidfund as other public accounts, accompanied with dered^&d returns of the fums of the faid debt, which mail have been from time to time purchafecl or redeemed ; and full and exact report of the proceedings of the faid commiflioners, inclu- ding a flatement of the difburfements, which fhall have been made, and of the fums which fhall have been purcfnfed or redeemed under-

[ L20 ]

their direction, and fpecifying dates, prices, parries, and places, fhall be laid before Con- gress, within the hrft fourteen days of each fefiion which may enfue the prefent, during the execution of the faid truft.

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE,, Prejdent pro tempore of the Senate. Approved, May eighth, 1792:

GEORGE WASHINGTON, President of the United States.

CHAPTER XXXIX.

An Act to provide for a Copper Coinage.

Sec. 1 . "JO E it enacled by the Senate and Hnfe Jl3 °f Reprefentatives of the United

States of America in Congrefs affembled. That Director of t|le director of the mint, with the approbation purchafe of the Prefident of the United States, be au- coppcr and tli orIz;ed to contract for and purchafe a quan-

rii-ivc coin*

ed into tity of copper, not exceeding one hundred and cents, &c. far j-oris? 2iad that the faid director, as fbon as the needful preparations fhall be made, caufe the copper by him purchafed to be coined at the mint into cents and half cents, purfuant to " the act eftablifhing a mint, and regulating the coins of the United States ;" and that the faid cents and half cents, as they fliall be coin- ed, be paid into the trcafury of the United

■whence -to ,-,, , ^ • rr • . • i .•

iffue. States, thence to nine into circulation.

C i« ]

Sec. 2. And be it further enacled, That after DirecW , the expiration of fix calendar months from the t0,p^l{h time when there fhall have been paid into the certain fum treafury by the faid director, in cents and half h"dTJJ^ cents, a fum not lefs than fifty thoufand dollars, the treafu- which time mall forthwith be announced by r?' the treafurer in -at leaft two gazettes or news- papers, publifhed at the feat of the government of the United States for the time being, no copper coins or pieces whatfoever, except the faid cents and half cents, fhall pafs current as money, or fhall be paid, or offered to be paid or received in payment for any debt, demand, claim; matter or thing whatfoever ; and ail copper coins or pieces, except the faid cents Penalty for and half cents, which fhall be paid or offered paf"0nther to be paid or received in payment contrary to copper the prohibition aforefaid, fhall be. forfeited,, coms° and every perfon by whom any of them fhall fiave been fo paid or offered to be paid or re-, ceived hi payment, fhall alfo forfeit the fum of ten dollars, arid the faid forfeiture arid penalty fhall and may be recovered with cofls of fuit for the benefit of any perfon or perfons by. whom information of the incurring thereof fhall have been givenv

JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives.

RICHARD HENRY LEE, Prefident pro tempore of the Senate ••

Approved, May eighth, 1792 :

GEORGE WASHINGTON,

Prefident of the United States*

foL. II. <£..

LlC I22 ] CHAP T E R XL.

/fa y/<:7 for making Compcnfations to the Com- miffloners of Loans fir extraordinary Expenfes.

( EXriRZD.)

m m I. IPHW-"9K^W4 ."*H

appropria- tions.

CHAPTER XLI.

^/z ./#£? making certain Appropriations therein fpecified.

Sec. i . "|3 E & enacled by the Senate and Houfe Jf~3 c/* Reprefentatives of the United Specific Stafej of America in Congrefs afembkd, That there be granted and appropriated the follow- ing fums for the following purpofes, to wit : For the difcharge of a balance to the commif- fioners appointed under the acl; of Congrefs of the fifteenth of March one thoufand feven hundred and eighty five, two thoufand feven hundred and eighty feven dollars and eighty eight cents ; For additional falary to the firft clerk of the commiffioners for fettling accounts between the United States and individual ftates, one hundred and eighty feven dollars and ninety one cents ; For defraying the ex- penfe of flating and printing certain public ac- counts, purfuant to the order of the Houfe of Reprefentatives of the thirtieth of December one thoufand feven hundred and ninety one, eight hundred dollars ; For difcharging the accounts of officers of the courts of the United States, jurors and witnefles, in aid of the fund heretofore appropriated, feventeen thoufand dollars ; For making good deficiencies in for- mer appropriation, for defraying the expenfe

[ 123 ]

©f the- enumeration of the inhabitants of the g ;fic United States, four thoufand fix hundred and appropr»- ninety five dollars, and fifty nine cents ; For tioii*- difcharging certain accounts againfl the trea- fury department, to the end of the year one thoufand feven hundred and ninety one, in- cluding a fum of fix hundred dollars, for fur- nifhing the fupervifors of the revenue with icrew-preffcs, feals, and other articles, one thoufand nine hundred and fifty five dollars, and lixty one cents ; For a balance due to lieu- ;

tenant John Freeman of the late Maryland line, on account of fubfiftence for the years one thoufand feven hundred and eighty two and one thoufand feven hundred and eighty three, forty one dollars and feventy five cents ; For cornpenfations to the clerks of the acling commiilioner of army accounts, and contin- gencies of his office, one thoufand three hun- dred and twenty nine dollars and fixteen cents ; For additionalcompenfations to the doorkeepers of the Houfe of Reprefentatives, purfuant to a refolution of the Houfe, of the twenty fourth of March lalt, feven hundred dollars ; For the difcharge of fuch demands againft the United States, not otherwife provided for, as fhall have been afcertained and admitted, in due courfe of fettlement at the treafury, and which are of a nature, according to the ufage thereof, to re- quire payment in fpecie, five thoufand dollars : All which faid fums, amounting together, to thirty four thoufand four hundred aud ninety feven dollars and ninety cents, ftiail and may be paid out of the funds following, any, or all of them; namely; the „furplufes which may outofwha* remain of appropriations heretofore made, af- a^e