tf^' -«. m :^-,- % 1 LIBRARY OF THE T^L Theological S( 3mi nary , 1 1 Case,, Shelf, PRINCETON, sec :.. 1(25 Sec ^fR'fir9B "B^KS Book, ...No. ^(A^/ikvri 0Tr0UcJc,^e^ ^V ■k . A PASSED AT THE FIRST SESSION SECOND CONGRESS ' / OF THE UNITED STATES AMERICA. BEGUN AND HELD AT THE CITY OF PHILADELPHIA, IN THE STATE OF PENNSYLVANIA, ON MONDAY THE TWENTY-FOURTH OF OCTOBER, ONE THOUSAND SEVEN HUNDRED AND NINETY-ONE : AND OF THE INDEPENDENCE OF THE UNITED STATES, THE SIXTEENTH. IPtibltsijetJ h'2 ^utljoritp. PHILADELPHIA: PRINTED BY FRANCIS CHILDS AND JOHN SWAINE, Pi inters of the Laws of the United States, Congrefs of the United States, BEGUN AND HELD AT THE CITY OF NEW-YORK, ON WEDNESDAY THE FOURTH OF MARCH, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-NINE. THE Conventions of a number of the States having at the time of their adopting the Constitution exprcffed a defire, in order to prevent mifconflruB,ion or abufc of its powers, that further declaratory and re- flriElive claufes fhould he added : And as extending the ground of public confidence in the government will beji e.nfure the benifcent ends of its inftitution s RESOLVED by the Senate and Houfe of Repre- fentatives of the Ifnited States of America in Congrefs affemhled^ two thirds of both Houfes concurring^ That the following articles be propofed to the legiflatures of the feveral ftates, as amendments to the Conftitution of the United States, all or any of which articles, when ratified by three fourths of the faid legiflatures, to be valid to all intents and pm-pofes, as part of the faid Conftitution j viz. ARTICLES in addition to, and amendment of, the Constitutiom OF THE United States of Auekic/^, propofed by Congrefs, and ratified by the Legiflatures of the feveral States, purfuant to the fifth Article of the original Conflitution. Article the Firfi. AFTER the firft enumeration required by the firfl article of the Conftitution, there fnall be one reprefen- tative for every thirty thoufand, until the number fliall amount to one hundred, after which the proportion fliall be fo regulated by Congrefs, that there fliall be not lefs than one hundred reprefentatives, nor lefs than one reprefentative for every forty thoufand perfons, until the number of reprefentatives fliall amount to two hun- dred ; after which the proportion fliall be fo regulated by Cc^grefs, that there fliall not be lefs than two hun- ( 4 ) dred reprefentatives, nor more than one reprefentative for every fiftjr thoufand perfons. Article the Second. No law varying the compenfation for the fervlces of the fenators and reprefentatives, fhall take efieft, until an election of reprefentatives Ihall have intervened. Article the Third. Congrefs fhall make no law refpefting an eftablifh^ ment of religion, or prohibiting the free exercife there- of; or abridging the freedom of fpeech, or of the prefs ; or the right of the people peaceably to alfemble, and to petition the government for a redrefs of grievances. Ay-tick the Fourth. A well regulated militia being necelTary to the fecu- rlty of a free ftate, the right of the people to keep and bear arms fhall not be infringed, Artick the Fifth. No foldier fliall in time of peace be quartered in any houfe without the confent of the owner, nor in time of v/ar, but in a manner to be prefcribed by law. Article the Sixth. The right of the people to be fecure in their perfons, houles, papers, and effeds, againft unreafonablc fearches imd feizures, fhall not be violated, and no warrants fliall iifue, but upon probable caufe, fupported by oath or affirmation, and particularly defcribing the place to be fearched, and the perfons or things to be feized. Article the Seventh. No perfon fliall be held to anfwer for a capital or otherwife infamous crime, unlefs on a prefentment or jndiclment of a grand jury, except in cafes arifmg in the land or naval forces, or in the militia when in adlual i'ervice in time of war or public danger ; nor fhall any perfon be fubject for the fame offence to be twice put in jeopardy of life or limb j nor fliall be compelled in an)r ( 5 > criminal cafe to be a witnefs againfl njifiifelf, nor be de- prived of life, liberty or property, without due procefs of law; nor ihal I private property be taken for public ufe without juft compenfation. Article the Eighth. In all criminal profecutions the accufed fhall enjoy the right to a fpeedy and public trial, by an impartial jury of the ftate and diftrid wherein the crime fiiali have been committed, which diftrift fhall have been previoufly afcertained by law, and to be informed of the nature and caufe of the accufation ; to be confronted with the witneffes againfl him ; to have compulfory procefs for obtaining witnefles in his favor, and to have the alliftance of counfel for his defence. Article the Ninth. In fuits at common law, where the value in contro- verfy fliall exceed twenty dollars, the right of trial by jury fliall be preferved, and no fact, tried by a jury, fhall be otherwife re-examined in any court of the Uni- ted States, than according to the rules of the common law. Article the Tenth. ExcefTive bail fhall not be required, nor excefllve fines impofed, nor cruel and unufual puniflimcnts infli6led. Article the Eleventh. The enumeration in the Conftitution, of certain right?, fhall not be conflrued to deny or difparage others re- tained by the people. Avtuk the Tioeljth. The powers not delegated to the United States by the Conftitution, nor prohibited by it to the flates, are re- ferved to the flates refpeclively, or to the people. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- Preftdent of the United States, and Pref.dent of the Senate. «^ r John Beckley, Clerk of the Houfe of R'prefentalives. ^ !_ Sam. a. Otis, Secretary of the Senate. ( 6 ) RATIFICATIONS of the AMENDMENTS to the Constitution of the United States. NEW-JERSEY. State of New-Jersey. An ACT to ratify on the part of this State certain Amendments to the Confiitution of the United States. WHEREAS the Congrefs of the United States, begun and held at the city of New-York,on Wed- nefday the fourth day of March, one thoufand feven hun- dred and eighty-nine, refolved, two-thirds of bothHoufes concurring, That fundry articles be propofed to the le- giflatures of the feveral States as amendments to the Confiitution of the United States, all or any of which articles, when ratified by three-fourths of the faid le- giflatures, to be valid to all intents and purpofes as part of the faid Confiitution. And whereas the Prefident of the United States, did, in purfuance of a refolve of the Senate and Houfe of Re- prefentatives of the United States of America in Con^ grefs aifembled, tranfmit to the governor of this flate the amendments propofed by Congrefs, which were by him laid before the legillature for their confideration. Where- fore, I . Be it enabled by the Council and General AJfemhly of this St ate, and it is hereby enaded by the authority of the fame. That the following articles propofed by Congrefs, in ad- dition to and am.endment of the Confiitution of the United States, to wit : ♦ [Here follow, verbatim, the firfl, third, fourth, fifth, fixth, feventh, eighth, ninth, tenth, eleventh and twelfth articles of the faid amendments, propofed by Congrefs to the legiflatures of the feveral flates.J Be, and the fame are hereby ratified and adopted by the flate of New-Jerfey. Hoife of AJfemhly, IS^o-venihcr igih, 1789. This bill having been three times read in this Houfe, Refched, That the hmt do pais. By order of the Houfe, JOHN BEATTY, Sptaha: ( 7 ) Council-Chamber i November 20, 1789. This bill having been three times read in Council, Refohed, That the fame do pafs. By order of the Houfe, WIL. LIVINGSTON, Pres't, City of Burlington, State of Neiu-Jerfey, Augiijl 3, A. D. 1790. THESE are to certify that the annexed law is a true copy taken from the original, enrolled in my office. BOWESREED, Stc'y. MARYLAND. An ACT to ratify certain Articles in addition to, avd amendment of, the Con/titution of the United States of America, propofed by Congref to the Legijlatures of the fever al States. TT THERE AS it is provided by the fifth article of y V the Conftitution of the United States of Ame- rica, that Congrefs, whenever two-thirds of both Houfes Ihall deem it neceffary, fhall propofe amendments to the faid Conftitution ; or on the application of the legiflatures of two-thirds of the feveral States, fhall call a conven- tion for propofing amendments, vv^hich in either cafe fliall be valid to all intents and purpofes as part of the faid Conftitution, when ratified by the legiflatures of three- fourths of the feveral States, or by conventions in three- fourths thereof, as the one or the other modes of ratifi- cation may be propofed by the Congrefs. And whereas at a feffion of the United States, begun and held at the city of New-York, on Wednefday the fourth day of March, in the year of our Lord one thou- fand feven hundred and eighty-nine, it was refolved by the Senate and Houfe of Reprefentatives of the faid United States in Congrefs aflembled, two-thirds of both Houfes concurring, that the following articles be pro- pofed to the legiflatures of the feveral States, as amend- ments to the Conftitution of the United States, all or any of which articles, when ratified by three-fourths of ( 8 ) the faid leglflatilres, to be valid to all intents and pur- pofes, as part of the faid Conftitution, viz. [Here follow verbatim the firft, fecond, third, fourth, fifth, fixth, feventh, eighth, ninth, tenth, eleventh, and twelfth articles of the faid amendments, propofed by Congrefs to the legillatures of the feveral States.] Be it enabled by the General AJfemhly of Maryla?id, That the aforefaid articles and each of them be, and they are hereby confirmed and ratified. By the Houfe of Delegates, December ijth, ^7^9' Read and aifented to. By order. W. H A R W O O D, Clk. By the Senate^ Deer, igth, 1789. Read and aflented to. By order. H'y. R I D G E L Y, Clk. J. E. HOWARD. ( Seal) I HEREBY certify that the above Is a true copy from the original engroffed ad, as palTed by the legis- lature of the Hate of Maryland. T. J O II N S O N, jr. Clk Council. NORTH-CAROLINA. An ACT to ratify the Ammdments to the Conftitution oj the United Stales. WHEREAS the Senate and Houfe of Repre- fentatives of the United States of America in Congrefs alTembled, on the fourth day of March, did re- folve, two thirds of both Houfes concuring, that the fol- lowing articles be propofed to the legiflatures of the fe- veral dates, as amendments to the Conftitution of the United States, all or any of which articles when ratified by three fourths of the faid legiflatures, to be vaHd to all intents and purpofes as part of the faid Conftitution. [Here follow verbatim the firft, fecond, third, fourth, fifth, fixth, feventh, eighth, ninth, tenth, eleventh, and twelfth articles of the faid amendments, propofed by Congrefs to the legillatures of the feveral ftates.J ( 9 ) Be it thcrefcrc enaUcdhy the General A ffemhly of the State of North-Carolina^ and it is hereby ena^cd by the authority of the fame. That the faid amendments, agreeable to the fifth article of the original Conftitution, be held and ra- tified on the part of this ftate, as articles in addition to, and amendments of the Conftitution of the United Slates of America. CHA'^ JOHNSON, S. S, S. CABARRUS, S. H. C. Read three times and ratified in General Affembly, this 2 2d day of December, A. D. 1789. State of North-Carolina. I, James Glafgow, fecretary of the faid ftate, do hereby certify the foregoing to be a true copy of the original aft of the AfTembly, filed in the fecretary's office. In tefti- mony whereof, I have hereto fet my hand, this tenth day of February, 1790. J. Glasgow, SOUTH-CAROLINA. J?z/^^Houfe c/" Reprefentatives, January iSth, 1790. THE Houfe took into confideration the report of the committee, to whom was referred the refolu- tion of the Congrefs of the United States of the fourth day of March, one thoufand feven hundred and eighty- nine, propofing amendments to the Conflitution of the United States, viz. [Here follow verbatim the firft, fecond, third, fourth, fifth, fixth,feventh, eighth, ninth, tenth, eleventh, and twelfth articles of the faid amendments, propofed by Congrefs to the Legiflatures of the feveral States. J Which being read through, was agreed to j — Where- upon, Refohed, That this Houfe do adopt the faid feveral articles, and that they become a part of the Conftitu- tion of the United States. B ( lo ) Refohed, That the refolutions be fent to the Senate for their concurrence. By order of the Hou/e, JACOB READ, Speaker of the Hou/e of Rcprefcntatlves. In the SenTite, January igth, 1790. Re/ohed, That this Houfe do concur with the Houfe of Reprefentatives in the foregoing refolutions. By order of the Senate^ D. DE SAUSSURE, Prefident of the Senate. NEW-HAMPSHIRE. State of New-Hampshire. In theHouie ^Reprefentatives, Jany. i^ih, 1790. PON reading and maturely confidering the pro- pofed amendments to the federal Conflitution, Voted, To accept the whole of faid amendments, except the fecond article, which was rejefted. Sent up for concurrence. THOS. BARTLETT, Speaker, In Senate, the fame day, read and concurred. J. Pearson, Secy. A true Copy. Atteft. Joseph Pearson, Sec'y, DELAWARE. THE General Afifembly of Delaware having taken into their confideration the above amendments propofed by Congrefs, to the refpeftive legiflatures of the feveral ifates : Refohed, That the firfl; article be poflponed. Refohed, That the General AiTembly do agree to the fecond, third, fourth, fifth, fixth, feventh, eighth, ninth, tenth, eleventh and twelfth articles ; and we do hereby afient to, ratify and confirm the fame, as part of the Conftitutioii of the United States. ( " ) In teftlmony whereof, we have caufed the great feal of the ftate to be hereunto affixed, this twenty-eighth day of January, in the year of our Lord one thoufand feven hundred and ninety, and in the fourteenth year of the Independence of the Delaware flate. Signed by order of Council.^ GEO. MITCHELL, Speaker. Signed by order of the Houfe of Affe?nbly, JEHU D A'V I S, Speaker. N E W - Y O R K. The People of the State of Nezo-I^ork, by the Grace of God, free and independent. To all to zvhom theft Prefents Jliall come or may concern — greeting. KNOW YE, That we having infpeded the records remaining in our fecretary's office, do find there a certain acl: of our legiflature, in the words and figures following : '"'An ACT ratifying certain articles in addition to, and amendment of, the Conjlitution of the United States of America, propofed by the Congrefs. WHEREAS by the fifth article of the Conftitution of the United States of America, it is provided, that the Congrefs, whenever two thirds of both Houfes ffiall deem it neceflary, fliail propofe amendments to the faid Con- fliiution, which iliall be valid to all intents and purpofes as part of the faid Conftitution, when ratified by the le- giflatures of three-fourths of the feveral ftates, or by con- ventions in three-fourths thereof, as the one or the other mode of ratification may be propofed by the Congrefs. And whereas in the feffion of the Congrefs of the United States of America, begun and held at the city of New-York, on Wednefday the fourth of March, one thoufand feven hundred and eighty-nine, it was refolved by the Senate and Houfe of Reprefentatives of the Uni- ted States of America, in Congrefs affembled, two thirds of both Houfes concurring, that the following articles be propofed to the legiflatures of the feveral ftates, as ( 12 ) amendments to the Conftitution of the United States, all or any of which articles, when ratified by three-fourths of the faid legiflatures, to be valid to all intents and pur- pofes as part of the faid Conftitution, vizt, [Here follow verbatim the ift, 2d, 3d, 4th, 5th, 6th, yth, 8th, 9th, 10th, nth, and 12th articles of the faid amendments, propofedby Congrefsto the legiflatures of the feveral Elates.] And whereas the legiflature of this ftate have confi- dered the faid articles, and do agree to the fame, except the fecond article : Therefore, BE ItenadedhythepeopleoftheJiateoflSew-Yorh^ re- prefented in Senate and AJfenibly, and it is hereby enaBedhy the authority of the fame. That the faid articles, except the fecond, fliatl be and hereby are ratified by the legiflature of this ftate. iS/^/^i/ New- York, in Affembly, February 2 2d, 17900 This bill having been read the third time, Refoived, That the bill do pafs. By order of the Apmbly. GULIAN VERPLANCK, Speaker.. State of New-York, in Senate, Februy. 2Ath, 1790. This bill having been read a third time, Refohed, That the bill do pafs. By order of the Senate. ISAAC R.OOSEVELT, Prcfident pro hac vice. Council o/"Revificn, 2yth February, 1790. Refohed, That it docs not appear improper to the Council, that this bill, entitled, " An act ratifying cer- tain articles in addition to, and amendment of, the Con- ilitution of the United States of America, propofed by the Congrefsj" fliould become a law of this Itate. G E O : C L I N T O N." All which we have caufcd to be exempHfied by thefe prefents : In teftimony whereof, we have caufed thefe cur letters to be made patent, and the great feal of our ( 13 ) faid flate to be hereunto affixed : Witnefs our trufly arid well-beloved George Clinton, efquire, governor of our fald flate, general and commander in chief of all the mi- litia, and admiral of the navy of the fame, at our city of New- York, the tv^enty-feventh day of March, in the year one thoufand feven hundred and ninety, and in the four- teenth year of our independence. g^^^. GEO: CLINTON. PalTed the Secretary's Office, the 27th March, 1 790, Lewis A: Scott, Secretary, PENNSYLVANIA. In General Ajfembly. State of Pennfylvania, to wit. IN purfuance of a refolution of the General Affem- bly of the (late of Pennfylvania, being the legiflature thereof ; I do hereby certify, that the paper, hereunto annexed, contains an exa6l and true exemplification of the act whereof it purports to be a copy, by virtue where- of the feveral amendments therein mentioned, propofed to the Confiitution of the United States, were, on the part of the commonwealth of Pennfylvania, agreed to, ratified, and confirmed. Given under my hand, and the feal of the flate, this eleventh day of March, in the year of our Lord one thoufand feven hundred and ninety. RICHARD PETERS, Speaker. All ACT declaring the AJfent cf this State to certain Amendments to the ConJiitutio7i of the United States. Section I. "^"^THEREAS in purfuance of the fifth ar- V V ticle of the Conflitution of the United States, certain articles of amendment to the faid Con- flitution, have been propofed by the Congrefs of the Pnited States for the confideration of the Icgiflatures ( u ) of the feveral ftates : And whereas this Houfe, being the leglllature of the ftate of Pennfylvania, having ma- turely deliberated thereupon, have refolved to adopt and ratify the articles hereafter enumerated, as part of the Conftitution of the United States. SeSlion 2. Be it therefore enaEled^ and it is hereby enabled by the Reprefentatives of the Freemen of the Commonwealth of Pennfylvania^ in General Ajfembly met, and by the au- thority of the fame ^ That the following amendments to the Conftitution of the United States, propofed by the Congrefs thereof, viz. [Here follow the third, fourth, fifth, fixth, feventh* eighth, ninth, tenth, eleventh and twelfth articles, pro- pofed by Congrefs to the legiilatures of the feveral flates.] Be, and they are hereby ratified on behalf of this ftate, to become, when ratified by the legiilatures of three fourths of the feveral ftates, part of the Confti- tution of the United States. Signed by order of the Houfe. RICHARD PETERS, Sptakcr. Enafted into a law, at Philadelphia, on Wednefday the tenth day of March, in the year of our Lord one thoufand feven hundred and ninety. Peter Zachary Lloyd, Ckrk of ihe General AJfanbly. I, Mathew Irwin, Efqr. mafter of the rolls for the ftate of Pennfylvania, do certify the preceding writing to be a true copy (or exemplification) of a certain law remaining in my office. Witnefs my hand and feal of office, the nth March, 1790. ©Mathw. Irwin, M. R, ( '5 ) RHODE-ISLAND. Staii ^Rhode-Island and Providence Plantations, In General AJfcmbly, June SeJJlon, A. D. 1790. An ACT for ratifying certain Articles as Amejidmcnts to the Conjlitu- tion of the United States of America, and which were propofed by the Congrefs ofthefaid States, at their fejfion in March, A. D. 1789, to the Legiflaturcs of the Jeveral States, purfuant to the ffth article of the aforefaid Confiitution. BE // enaded by this General Affembly^ and by the au-' thority thereof it is hereby ena^ed. That the follow- ing articles, propofed by the Congrefs of the United States of America, at their felTion in March, A. D. 1789, to the legillatures of the feveral dates for ratification, as amendments to the Conftitution of the faid United States, purfuant to the fifth article of the faid Conftitu- tion, be, and the fame are hereby fully aflented to, and ratified on the part of this State, to wit : [Here follow verbatim the ift, 3d, 4th, 5th, 6th, 7th, 8th, 9th, loth, nth, and 12th articles of the faid amendments, propofed by Congrefs to the Legifla- turcs of the feveral States.] It is ordered. That his excellency the Governor be, and he is hereby requefted, to tranfmit to the Prefidenc of the faid United States, under the feal of this ftate, a copy of this acl, to be communicated to the Senate and Houfe of Reprefentatives of the Congrefs of the faid United States. A true copy duly examined. Witnefs, Henry Ward, Sec'ry. PENNSYLVANIA. An ACT ratifying on behalf of the State of Pennfylvania, the fiiTc amendment propofed by Congrefs to the Coiflitution of thi United States. WHEREAS in purfuance of the fifth article of the Conftitution of the United States, certain ar- ticles in addition to, and amendment of the faid Coii- ( i5 ) flitution, have been propofed by the Congrefs of the United States, for the confideratlon of the legiflatures of the feveral dates ; and whereas the legiflature of the ftate of Pennfylvania, having maturely deliberated there- upon, have refolved to adopt and ratify the article here- after mentioned, as part of the Conftituiion of the United States. Sec. I. Be it enaSled by the Senate ajid Houfe of Repre- fentatives of the Commonwealth of Pennfylvania, in General Affembly met^ and it is hereby ena^ed by the authority of the fame. That the following article in addition to, and amendment of the Conflitution of the United States of America, propofed by the Congrefs thereof, vizt. [here article thefrfi was inferted verbatim] be, and it is hereby ratified on behalf of the ftate of Pennfylvania, to become, when ratified by the legifla- tures of three fourths of the feveral ftates, part of the Conftitution of the United States* Wm. Bingham, Speaker of the Hoiife of Reprsfentaiivesi Richard Peters, Speaker of the Senate. Approved September 21/?, 1791. THOMAS MIFFLIN, Governor of the Covimonziiealth of Pennjylvania, inrolledthe ift 0£tober, 179K I, Mathw. Irwin, Efquire, Mafler of Rolls for the flate of Pennfylvania, do certify, the preceeding writing to be a true copy [or exemplification] of a law inrolledin my office in law book No. 4, page 214, &c. In witnefs whereof I have hereunto fet my hand and feal of office the 1 2th day of October, A. D. 1 7 9 1 . (l. s.) Mathw. Irwin, M.R, V E R M O N T. An ACT ratifying certain articles propofed by Congrefs as amendments to the Confiitution of the United States. HEREAS the Congrefs of the United States, begun and held at the city of New- York, 01; Wednefday the fourth of March, one thoufand kv&n C ■; ) hundred and eighty-nine ; Refolved, that certain arti- cles, to the number of twelve, be propofed to the legif- latures of the feveral dates, as amendments to the Con- ftitution of the United States, which articles, when ra- tified by three-fourths of the faid legiflatures, (hould be valid to all intents and purpofes as part of the faid Conflitution ; Therefore, // is hereby enabled by the General Ajjemhly^ of the State of Vermont, That all, and every of faid articles fo pro- pofed as aforefaid, be, and the fame are hereby ratified and confirmed by the legillature of this Itate. State of Vermont, Secretary oj State' s-OJice, fc. I hereby certify that the within is a true copy of an aft, paffed by the legillature of this (late, the third day of November, one thoufand feven hundred and ninety- one, and depofited in this office according to law. Attefl. Res'. Hopkins, Secy, VIRGINIA. General Affembly, begun and held at the capitol in the city of Richmond, on Monday the feventeenth day of October, in the year of our Lord one thoufand feven hundred and ninety-one. ^; rnci t ^ , ■^ i^thofUaober 1791. TJ ESOLVED, That the firji article of the amend- X\^ ments propofed by Congrefs to the Conflitution of the United States, be ratified by this Commonwealth. John Pride, S. S. No-vember 3, 1 7 9 1 . Tho^ : Mathews, Sp. H. D. Agreed to by the Senate. Ex'd. Ex'd. Monday, the ^th of December, ^791* Refohed, That the ninth article of the amendments propofed by Congrefs to the Conilitution of the United States be ratified by this Commonwealth. John Pride, S. S. December 15/Z?, 179 1. Tho^ : Mathews, Sp. H. D. Agreed to by the Senate. ExM. Ex'd. Monday, the ^th of December, 1 79 1. Refolded, That the tenth article of the amendments propofed by Congrefs to the Conflitution of the United Scates be ratified by this Commonwealth. John Pride, S. S. December \<^th, 1791. Tho' : Mathews, Sp.H.D. Agreed to by the Senate. Ex'd. Ex'd, Monday, the ^th cf December, 1 79 1. Refohed, JThT^t the eleventh article of the amendments propofed by Congrefs to the Conflitution of the United States be ratified by this Commonwealth. John Pride, S. S. December isth, 179 1. Thqs : Mathews, Sp. H. D. Agreed to by the Senate. Ex'd. Ex'd. Monday, the ^th of December, 1791. Refohed, That the twefth article of the amendments propofed by Congrefs to the Conflitution of the United States, be ratified by this Commonwealth. John Pride, S. S. Dece?nber i^th, 1791. Tho^ : Mathews, Sp.H.D. Agreed to by the Senate, Ex'd. Ex'd. SECOND CONGREg^S OF THE UNITED STATES: AT THE FIRST SESSION, BEGUN AND HELD AT THE CITY OF PHILADELPHIA, IN THE STATE OF PENNSYLVANIA, ON MONDAY THE 'twenty-fourth OF OCTOBER, ONE THOUSAND SEVEN HUNDRED AND NINETY-ONE. CHAPTER I. \4n ACT granting farther Time for making Return of ^Ae Enumeration of the Inhabitants in the DifiriB of South-Carolina. BE // enaSled by the Senate and Houfe of Re- prefentathes of the United States of Ame- rica in Congrefs affejnbled. That it fliall be law- ^j^^ f^^. ful for the Marfhal of the diflrid of South- making re- Carolina to complete and make return of the ^"^jg"'^ enumeration of the inhabitants of the faid i a March diflrift, to the Prefident of the United States, ''«*• in the form and manner prefcribed by the aft, intituled, " An aft providing for the enume- ration of the inhabitants of the United States,'* at any time on or before the firfl day of March next, any thing in the faid aft to the contrary potwithftanding. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefdent of the United States, end Prefident of the Senate. Approved, November the eighth, 1791. G°: WASHINGTON, frefident of the United States. and C 22 ) CHAPTER II. An ACT for the Relief of David Cook ^n^ Thomas Campbell. Sec. I. XJ E if enaded by the Senate and Hoiife ji3 ofReprefentati-ves of the Ujiited States of America, i?i Congrefs affembled. That David D. Cook Cook, a captain of artillery in the late war, allowed a and who, being fliot through the body at the penfion, battle of Monmouth, is rendered incapable to obtain his livelihood by labor, Ihall be placed on the penfion-Hil of the United States, and fhall be entitled to one third of his monthly pay, as a captain of artillery : Provided, That he return into the treafury-office, a fum equi- valent to tv/o thirds of his commutation of half pay, being the proportion of'.his penfion to the amount of his commutatioru Sec. 2. And be it further enaBed, That Tho- T. Camp- "^^^ Campbell be placed on the penfion-lift, bell and that the half pay of a captain of infantry be allowed to the faid Thomas Campbell, who has been fo injured by repeated wounds in the fer- vice of his country, that he is unable to fupport himfelf by labor : Provided, That he return into the treafury-office a fum equivalent to the whole of his commutation of half pay. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- Pr^f. dent of the United States, and Prefident of the Senate. Approved, December ftxteenth, 1791. G°: WASHINGTON, Prejidait of the United States. ( n ) CHAPTER III. An ACT making A?vKOVK\ATioii% for the Support of Government for the year one thonfand feven hun- dred and ninety-two. Sec. I. "13 E // enaded by the Senate and Houfe _£3 of Reprefentativcs of the United States of America^ inCongrefs affenibled. That for the cpg^jfj^ap. fervice of the year one thoufand feven hundred prophations and ninety-two, and the fupport of the civil Hft ^""^ ''92- of the United States, including the incidental and contingent expenfes of the feveral depart- ments and offices thereof, there fhall be appro- priated a fum of money not exceeding three hundred and twenty-nine thoufand, fix hun- ^'^"^ ^'^* dred and fifty-three dollars, and fifty-fix cents ; that is to fay. For the compenfations granted by law to the tions to the Prefident of the United States, the Vice-Prefi- Prefuient& dent. Chief Juftice, Affociate Judges, and At- den?,judgei tornev General, fifty-three thoufand dollars. & attomey- ■' general; For the like compenfations to the Diftrift Diftria Judges, nineteen thoufand eight hundred dol- judges ; lars. For the like compenfations to the members ivfemberfof of the Senate and Houfe of Reprefentatives, and Seime&ii. the officers and attendants of the two Houfes, t,^^'.^^ eftimated on a feffions of fix months continu- officers and ance, and including the travelling expenfes of ^"^"^^^^^^ J the members, one hundred and twenty-nine thoufand, feven hundred and thirty dollars. For the like compenfations to the Secretary and officers of the feveral departments of the officers'Tf Treafury of the United States, including clerks thetreafury and attendants, and the falaries of the refpedlive attendams. loan-officers, fixty thoufand three hundred dol- ^"^ J"=^"- ■lars. °*''"- ( 24 ) Compenfa- For the like compenfations to the Secretary sTcTeuryof and officcrs of the department of State, fix State and thoufand three hundred dollars. oflicers, i ti r • Secretary of ^^ ^"^ ^^^^ compcnfations to the Secretary War and and officers of the department of War, nine officers, thoufand fix hundred dollars. Board com- For the like compenfations to the members miffioners, ^f ^^e Board of Commiffioners, for the fettle- clerks, &c. ^ , , i , t • . ment of the accounts between the United States and the individual ftates, including clerks and attendants, thirteen thoufand one hundred dollars. Governors, For the like compenfations to the Governors, ^"f " ^ffi'^ Judges and other officers of the Weftern Terri- cers'^ofV' tory of the United States, including contin- Territory. gencics, elcveu thoufand dollars. For the payment of the annual grant to Baron Steuben, purfuant to an act of Cong refs, two thoufand live hundred dollars. For the payment of fundry penfions granted by the late government, two thoufand feven hundred and fixty-feven dollars, and feventy- three cents. For defraying all other incidental and con- cxpenS^of tingent expenfes of the civil liil ellablifhment, civil lift, including firewood, ftationary together with n^o Houfc! ^^^ printing work, and all other contingent of Congrefs cxpenfes of the two Houfes of Congrefs, rent ^'^' and office-cxpenfes of the three feveral depart- ments, namely, Treafury, State, War, and of the General Board of Commiffioners, twenty- one thoufand live hundred and fifty-five dollars, and eighty-three cents. TotheJoor ^^^' ^' ^'^^ ^^ ^^ further enacted J That the keepers. compcnfation to the door-keepers of the two Houfes, for fervices which have been heretofore rendered or may be rendered in the recefs of Congrefs for the year one thoufand .itytn hun- B. Steuben, Fcnficns. ( =5 ) dred and ninety-two, and certified by the Prefi- dent of the Senate or Speaker of the Iloufe of Reprefentatives, in manner required by law, for like fervices during feflions, fliall be dif- charged out of the money herein before ap- propriated for the contingent expenfes of the two Houfes of Congrefs. Sec. 3. And be it further enaded. That for poriiquwia- difcharging certain liquidated claims upon the ted claims. United States, for making good deficiencies in fn^c^vnmi, former appropriations for the fupport of the r^y^^ent <^^ civil lift-eftablilhment, and for aiding the fund f',Z\l'^ appropriated for the payment of certain officers ten cutters. of the courts, jurors and witnelfes, and for the eftablirhment of ten cutters, there fhall be ap- propriated a fum 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- Balance due ted claim of his mofl Chriftian Majefty againfl his Giriai- the United States, for fupplies during the late ^^ Majefty, war, nine thoufand and twenty dollars, and fix- ty- eight cents. For payment of the principal and interefl on (.,^j^^ ^^ a liquidated claim of Oliver Pollock, late com- O, Poiiodt mercial agent of the United States, at New-Or- leans, for fupplies of clothing, arms and mili- tary flores, during the late war, one hundred and eight thoufand, fix hundred and five dollars, and two cents: Pro'vided, That the faid monies be not paid to the faid Oliver Pollock, with- out the confent of the agents of the court of Spain. For making good deficiencies In the laft ap- DeHciendss propriations for the compenfations to fundry of civil lift, officers of the civil lifl-eftablifhment, five thou- fand four hundred and feventy-one dollars. D ( ^6 ) For fundry "Por defraying fundry authorized expenfes to expen es. ^j^^ commiflioners 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 expenfe 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 to clerks, jurors and witnefTes in the courts of the Uni- ted States, five thoufand dollars. For the maintenance and repair of light- houfes, beacons, piers, flakes and buoys, 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 ufe of the officers in the execution of the laws of revenue, one thoufand dollars. For the farther expenfe of building and equip- ping ten cutters, two thoufand dollars. I'ormiiitary Scc. 4. And be it further ena6led^ That for thefupport of the military eflablifhment of the United States, in the year one thoufand feven hundred and ninety-two, the payment of the annual allowances to the invalid penfioners of the United States, for defraying all expenfes incident to the Indian department, and for defraying the expenfes incurred in the defenfive protedion of the frontiers againfl the Indians, eflablifh ment for 1792. ( ^7 ) during the years one thoufand feven hundred for military and ninety, and one thoufand feven hundred eftabiiftm't and ninety-one,by virtue of the authority vefled "^^ ''^*" in the Prefident of the United States, by the a6ls relative to the miHtary eftabHfhment, paifed 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 iliall be appropriated a fum of money, not exceeding five hundred and thirty, 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 dollars. 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-mailer's department, fifty thoufand dollars. For the ordnance department, feven thou- fand two hundred and four dollars and fixty- four cents. For the contingent expenfes of the war de- partment, including maps, hire of expreffes, al- lowances to officers for extra-expenfes, printing, lofs of flores of all kinds, advertifing and ap- prehending deferters, twenty thoufand dollars. For the difcharge of certain fums due for Compenfa- pay and fubfiftence of fundry officers of the late ^"'''J^^""" army, and for pay of the late Maryland line, ^V ""* ( 28 ) for which no appropriations have been made, ten thoufand four hundred and ninety doUarSj and thirty-fix cents. For the payment of the annual allowances to invalid penfioners, eighty-feven thoufan^ four hundred and fixty-three dollars, fixty cents, and two thirds of a cent. For defraying ail expenfes incident to the Indian department, authorized by law, thirty-, nine thoufand four hundred and twenty-four dollars, and feventy-one cents. For defraying the expenfes incurred in the defenfive proteftion of the frontiers, as before recited, thirty-feven thoufand, three hundred and thirty-nine dollars, and forty-eight cents. Sec. 5, And be it further enafled. That the for thefeve- fcvcral appropriations, herein before made, (hall rai appro- \^^ p^^j^j ^^^ difchargcd out of the funds fol- lowing, to Vv4t ; firit, out of the fum of fix hundred thoufand dollars which by the aft, intituled " An act making provifion for the debt of the United States," is referved, yearly, for thefupport of the government of theUnited States, and their common defence ; and fecond-*. iy, cut of fuch furplus as fhall have accrued to the end of the prefent year, upon the revenues heretofore eftablifhed, over and above the fums neceflary for the payment of intereft on the public debt during the fame year, and for fatis- fying other prior appropriations. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefcntatives. JOHN ADAMS, Vice-Pref dent of theUnited States, and Prefideni of the Senate. Approved, December twenty-thiwi, 1791. G°: WASHINGTON, Prejidcnt of the United Stales^ To invalid penlioners. Indian de partrnent. Frontierj. The funds pnationa. ( 29 ) CHAPTER IV. j-ln ACT for carrying ifito effeEl a ContraEl between tkt United States and the State of Pennsylvania. FOR duly conveying to the ftate of Penn- fylvania a certain trad of land, the right to the government and jurifdi6lion whereof was relinquiflied to the faid State by a refolution of Congrcfs 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 refoUition of Con- grefs of the fixth day of June in the faid year j BE it enatled by the Senate and House of Representatives of the United States of Ame- "^"^^^ "^ rica^ in Congrefs affembled^ That the Prefident veyed*^to' of the United States be authorized, on fulfil- Pennfyiva- ment of the terms ftipulated on the part of the "ain°condu" (late of Pennfylvania, to iiTue letters patent, tions. in the name and under the feal of the United States, granting and conveying to the faid State forever the faid tracl of land, as the fame was afcertained by a furvey made in purfuance of the refolution of Congrefs of the fixth day of June one thoufand feven hundred and eighty eight. JONATHAN TRUMBULL, Speaker oj thi Houfe of Reprejentatives. JOHN ADAMS, Vice-Prejtdent of the United States, and Prefident of the Senate. Approved, January the third, 1792. G^: WASHINGTON, Prefident of the United States. ( 30 ) CHAPTER V. ^« ACT to extend the Time limited for fettling the Kc^ COUNTS ofiheVNiTzv States with the indi vidua t States. Sec. I. TJ E // enaded by the Senate and J3 House' o/" Representatives of Board com- the United States of America, in Ccngrefs offembled^ fof Stie- '^^^^ ^^^ powers of the Board of Commiffioners mentofac- which, by an a£l paiTed in the fecond feffion counts con- ^f thc firfl CoH^refs, was eftabllflied to fettle tlllUed till , , ^ , TT • 1 O 1 1793. the accounts between the United btates and individual States, fliall continue until the firfh day of July one thoufand feven hundred and ninety three, unlefs the bufinefs fhall be fooner accomplifhed. To fettle Sec. 2. And be it further otaSled, That the with ver. aforefaid aft fliall extend to the fettlement of the accounts between the United States and the flate of Vermont : and that until the firll day of December next fliall be allowed for the faid State to exhibit it's claims. of rin ^^^* 3* '^^^ ^" it further enabled. That from cipli clerk, and after the pafling of this aft, the pay of the principal clerk of the faid Board fliall be the fame as the pay of the principal clerk in the Auditor's office. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United. States, and Prefident of the Senate. Approved, January the twenty-third, 1792. G°: WASHINGTON, Prefident of the United States, ( 31 ) C H A P T E R VI. An ACT concerning certain Fisheries of the United States, and for the regulation and government of the Fifh- ermen employed therein. Sec. I. TJ E ii enacted by the Senate and J3 House of Representatives of ths United States of America in Congrefs ajfcmhled^ A!!owar,:a That the allowance now made upon the expor- i" i^^u of tation of dried fifh of the fifherles of the United Jr^lpo,^,. States, in lieu of a drawback of the duties paid tioa of dried on the fait ufed in preferving the fame, iliall ^^ ^^Jf ^ ceafe on all dried fifh exported after the tenth 179^^ day of June next, and as a commutation and equivalent therefor, there fhall be afterwards paid on the lafl day of December annually, to ""^^^^^^ 1 -^ rr 1 !_• 1. -^ 1 equivalent the owner or every veilel or his agent, by the each fiHiing colleaor of the diflrid where fuch veilel may ^^^'^f^J^"" belong, that fhall be qualified agreeably to law, according for carrying on the bank and other cod fifli- *° i^urd-n cries, and that fliall actually have been employ- ceed 170 ed therein at fea for the term of four months ^oii^^s, at the leafl, of the fifliing feafon, next preceed- ing which feafon is accounted to be from the iaft day of February to the lafl day of Novem- ber in every year, for each and every ton of fuch veffel's 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 of which allowance afore- faid, three eighth parts fhalt accrue and be- long to the owner of fuch fifhing velTel, and the other five eights thereof fliall be divided by him, his agent or lawful reprefentative, to and among the feveral fifliermen who fhall have been employed in fuch velfel during the feafon aforefaid, or a part thereof, as the cafe may be, in fuch proportions as the fifh they fhall re- fpeftively have taken may bear to the whole quantity of fifli taken on board fuch vefTel du- ( 3^ ) ring fuch feafon: Provided, That the allowance aforefaid on any one veffel, for one feafon, fliall not exceed one hundred and feventy dollars. Sec. 2. And be it further enaded. That oa Wncl ^to ^^^ ^^^ ^^y ^^ December annually, as afore- fifhing vef- faid, there fliall alfo be paid to the owner of ids above 5 gverv fifhino: boat or veiTel of more than five tons, "^ 1 1 r 1 1 . tons, and iels than twenty tons, or to his agent or lawful reprefentative, by the colleftor of the diftrift where fuch boat or veffel may be- long, the fum of one dollar upon every ton admeafurement of fuch boat or veffel ; which allowance fhall be accounted for as part of the proceeds of the fares of faid boat or veffel, and Ihall accordingly be fo divided among all per- fons interefted therein : Provided however^ That this allowance (hall be made only to fuch boats or veffels as (hall have actually been em- ployed at fea in the cod fifliery, for the term •■ '^ of four months at the leaft, of the preceeding feafon : And provided alfo. That fuch boat or ""^TatTons! veffel Ihall have landed in the courfe of faid preceeding feafon, a quantity of filh not lefs than twelve quintals for every ton of her ad- meafurement 5 the faid quantity of fifh to be afcertained when dried and cured fit for expor- tation, and according to the weight thereof, as the fame Ihall v/eigh at the time of delivery when aftually fold ; which account of the weight, with the original adjuilment and fettlement of the fare or fares among the owners and fifher- men, together with a written account of the length, breadth and depth of faid boat or veffel, and the time Ihe has aftuaily been employed in the fifliery in the preceeding feafon, fnali in all cafes be produced and fvvorn or afnrmed to, be- fore the faid colleclor of the diflridl in order to entitle the owner, his agent or iav/ful repre* fentative, to receive the allowance aforefaid. And if at any time within one year after pay- ( 33 ) ment of fuch allowance, it flinll appear that any fraud *or deceit has been pradifed in obtaining tlic fame, th.^ boat or veffel upon v.'hich fuch al- lowance fliall have been paid, if found within the diftrid: aforefaid, ihali be forfeited ; other- wife the owner or owners having pradifed fuch fraud or deceit, fhall forfeit and pay one hun- dred dollars ; to be fued for, recovered and appropriated in like manner as forfeitures and penalties are to be fued for, recovered and ap- propriated for any breach of an aft, entitled, " An aft to provide more efFeftually for the col- left ion of the duties impofed by law on goods, wares and merchandize imported into the United States, and on the tonnage of fliips or veffels." Sec. 3. A?id be it further enaded^ That the Owners of owaier or owners of every fi filing veffel of twen- fe'isToJ^tt ty tons and upwards, his or their agent or law- proceed to ful reprefentative, fliall previous to receiving °!!'^'" ^*^^ , iV 1 • 1 • *^ • 1 t r • 1 • r>,^ allowances the allowance v.'hich is provided tor in this act, granted b/ produce to the coUeftor who is authorized to ^'"^'^ ^^• pay the fame, the original agreement or agree- ments v/hich may have been made v^^ith the fifliermen employed on board fuch veffel, as is herein before required, and alfo a certificate to be by him or them fubfcribed, therein mention- ing the particular days on which fuch veffel failed and returned on the feveral voyages or fares, flie may have made in the preceeding fifiiing feafon, to the truth of which they fhall fwear or affirm before the coUeftor aforefaid. Sec. 4. And he it further enaded. That no fhip or veffel of twenty tons or upwards, em- ployed as aforefaid, fhall be entitled to the al- lowance granted by this aft, unlefs the fkipper or mafter thereof Ihall, before he proceeds on any fifiiing voyage, make an agreement in wri- ting or in print, with every fifherman employ- fels how to proceed to obtain the allowances ( 34 ) Owners of cd therein, excepting only any apprentice or fi{hing vef- fervant of himfelf or owner ; and in addition to fuch terms of fliipment as may be agreed on, lliall in fuch agreement exprefs whether the grasuedby ^^^^^ IS to continuc for one voyage or for the ihis aci. fifhing feafon, and fliall alfo exprefs that the fifh or the proceeds of fuch fifliing voyage or voyages which may appertain to the fifher- men, fhall be divided among them in propor- tion to the quantities or number of faid filh they may refpeftively have caught ; which agreement Ihall be endorfed or counterfigned by the owner of fuch fifliing veilel, or his agent : And if any fifherman having engaged himfelf for a voyage or for the fifliing feafon, in any fdhing veflel, and figned an agreement therefor as aforefaid, fhall thereafter and while fuch agreement remains in force and to be perform- ed, defert or abfent himJeif from fuch veiTel, without leave of the mafter or ikipper thereof, or of the owner or his agent, fuch deferter fhall be liable to the fame penalties as deferting fea- men or mariners are fubjeft to in the m.er- chant's fervice, and may in the like manner, and upon the like complaint and proof, be apprehended and detained ; and all cofls of procefs and commitment, if paid by the mafler or owner, fhall be deducted out of the fhare of fifh, or proceeds of any fifhing voyage to which fuch deferter had or fliali become entitled. And any fifherman, having engaged himfelf as aforefaid, who fliall during fuch fifiiing voyage, refufe or neglect his proper duty on board the fifhing veflel, being thereto ordered or required by the mafler or fliipper thereof, or fliall other- wife refill his juil commands, to the hindrance or detriment of fuch voyage, befide being an- fwerable for all damages arifing thereby, fliall forfeit to the ufe of the owner of fuch veflfel, his fhare of the allowance, which fhall be paid upon fuch voyage as is herein granted. ( 3S ) Scc. 5. Andbeitfurthcrenaded, That where ownsrs of an agreement or contraQ: fhall be fo made and ^"''"s vef- llgned, for a fiflilng voyage or for the fiftiing p'oce^eTtr fcafoii, and any fifli which may have been "Lnain the cau'ght on board fuch veflel during the fame, glanted^by ijiali be deUvered to the owner or to his agent, th:s3ct. for cure, and Ihail be fold by faid owner or agent, fuch velfel fhall for the term of fix months after fuch fale, be liable and anfwerable for the ikipper's and every other filherman's fliare of fuch fiili, andmay be proceeded againfl in the fame form, and to the fame elied, as any other veffel is by law liable, and may be proceeded againft for the wages of feam.en or mariners in the merchant's fervice. And up- on fuch procefs for the value of a ihare or fnares of the proceeds of fifh delivered and fold as aforefaid, it (hall be incumbent on the owner or his agent, to produce a juft account of the fales and divifion of fuch filli according to fuch agreement orcontra£l:, otherwife the faid veil'el fhall be anfwerable upon fuch procefs for what may be the higheft value of the fhare or fhares demanded. But in all cafes, the owner of fuch veffel or his agent, appearing to anfwer to fuch procefs, may offer thereupon his ac- count of general fupplies made for fuch fifh- ing voyage, and of other fupplies therefor made, to either of the demandants, and fhall be allowed to produce evidence thereof in anfwer to their demands refpedlively, and judgment fhall be rendered upon fuch procefs, for the re- fpective balances, which upon fuch an enquiry fnall appear : Provided al-ujaysj That when pro- cefs fhall be iffued againft any veffel liable as aforefaid, if the owner thereof or his agent will give bond to each fiflicrman in whofe fa- vor fuch procefs fhall be inflituted, v/ith fuffi- cient fecurity, to the fatisfadion of two juflices of the peace, one of whom fhall be named by ( 36 .) fuch owner or agent, and the other by the iifherman or fifliermen purfuing fuch procefs ; or if either party ihall refufe, then the juilice firft appointed Ihall name his affociate, with condition to anfwer and pay whatever fum fhall be recovered by him or them on fuch procefs, there fliall be an immediate difcharge of fuch vefl'el : Provided, That nothing herein con- tained fhall prevent any fifherman from having his attion at common law, for his Ihare or fhares of fifh, or the proceeds thereof as aforefaid. Drawback Scc. 6. And bc it further enaded. That the fifli^&'^'^ drawback heretofore allov/ed on the exporta- pealed, and tion of foreign dried and pickled fifh, and other foreign faked provifions, be and the fame is hereby repealed. ^ec.j. And be it further cnaftcd^Th^t ihtmo- iTnV there- iiies which fhall remain in confequencs of the from appro- abolition of the allowance on the exportation ray allow- ^f the dried filh of the United States, and of ancesgrant- the drawback on foreign dried and pickled c^bythis £,^^ ^^^j Qj.|^^^ foreign faked provifions, be, and the fame are hereby appropriated to the payment of the allowances granted by this aft, and in cafe the monies fo appropriated fhall be inadequate, the deficiency fhall be fuppHed out of any monies which from time to time fhall be in the treafury of the United States, and not otherwife appropriated. Penalty on ^^^* ^' ^^ ^^ it further cTiaBed^ That any fwcaring pcrfon who fhall declare falfely in any oath, faifeiy. ^j. affirm.atlon required by this aft, being duly convlfted thereof in any court of the United States, having jurifdiftion of fuch offence, fhall fuffer the fame penalties as are provided for falfe fwearing or affirming, by the aft before- mentioned, and to be in like manner fued for, recovered and appropriated. ( 37 ) Sec. 9. And be it further enabled ^ Tl^^t this Limltaticn. act fhall continue and be in force for the term of feven years, and from thence to the end of the next feflion of Congrefs, and no longer. JONATHAN TRUMBULL, Speaker of the Hov.Jt of Rcprcfentativts. JOHN ADAMS, Vice-Prefident of the United States, and Prejidcnt of the Senate. Approved, February fixteenth, 1792. G°: WASHINGTON, Prefident of the United States. CHAPTER VII. ..'/; ACT to eJtaiUfathi Post-Office and Post-Roads within the United States. Sec. I. 13 E /■/ enabled by the Senate and Houfe of X5 Reprefentaiives of the United States of America., in Congrefs affembled. That from and EfiabUfh- after the firfl day of June next, the following ^^^l^ ^f?"^/ roads be eftabliflied as pofl-roads, namely : ift :une From Wifcaflett in the dift rift of Maine, to Sa- ""'* vannah in Georgia, by the following route, to wit; Portland, Portfmouth, Newburyport, Ipf- wich, Salem, Bofton, Worcefter, Springfield, Hartford, Middletown, New-Haven. Stratford, Fairfield, Norwalk, Stamford, New- York, New- ark, Elizabethtown, Woodbridge, Brunfwick, Princeton, Trenton, Briitol, Philadelphia, Cheder, Wilmington, Elkton, Charleflown, Havre de Grace, Hartford, Baltimore, Bla- denfburg, Georgetown, Alexandria, Colchefler, Dumfries, Frederickfburg, Bowling-Green, Hanover Court-houfe, Richmond, PeterilDurg, Halifax, Tarborough, Smithfield, Fayetteville, Newbridge over Drowning creek, Cheraw Court-houfe, Camden, Stateiburg, Columbia, Cambridge and Augufla ; and from thence to Savanna, and from Augufla by Wafliington •;a Wilkes County to Greenborough, and from.. ( 38 ) Efiabiifh. thence by the great falls of Ogechee and ment pc roads af ift June ment pod- George-town, to Augulla, and from States- roads after i^^^.^ ^^ Charlcfton, and from Charlefton to next. Georgetown, from Charlefton to Savannah, and from Savannah, by Newport bridge to Sunbury ; and alfo from Portfmouth by Exe- ter and Concord, to Hanover in New-Hamp- lliire ; and from Salem to Marblehead, and from Salem to Glouceiler ; and from Bofton, by Providence, Newport, and New-London, to New-Haven, and from Boiion, through Taun- ton, to New-Bedford ; and from Taunton, through Warren and Briilol, to Newport, and from Boflon, by Plymouth, to Barnflable ; and from Springfield in the ftate of MaiTachu- ietts, to Kinderhook in the ftate of New-York, and from Springfield, by Northampton, Brattle- borough, and Charleftown, by Windfor in Ver- mont, to Hanover, and from Plartford, by Middletown, to New-London ; alfo from Hart- ford to Norwich, and Providence ; and from Providence to "Worcefter, and from Philadel- phia, by Lancafcer, Yorktown, Carlille, Ship- penfburg, Chamberfburg, Bedford, and Greens- burg, to Pittfburg ; and from Philadelphia to Bethlehem ; from Bethlehem, by Reading and Harriiburg, to Carlille, and from Bethlehem, by Eaflon, Suilex Court-rhoufe, Gofnen, Ward's Bridge, and Kingfton, to Rhlnebeck ; from Philadelphia, by Salem, to Bridgetown ; and from Wilmington, by Warvvick, Georgetown, Crofs-roads, Cheftertown, Cheller-mills, and Eafton, to Vienna ; and from Vienna, by Salis- bury, to Snow-Hill ; alfo from Wilmington, by New-Caftle, Cantweli's Bridge and Duck- Creek, to Dover ; and from thence by Mil- ford, Dagfborough, Snow-Hill and Northamp, ton Court-houfe, to Norfolk in Virginia ; and from Baltimore to Annapolis, Upper-Marlbo- rcugh, Pifcatawa, Port-Tobacco, Allen's-Frefir, ( 39 ) Newport, and Chaptico, to Leonard-Town ; Eflabiiih- and from Richmond, by Wiliiamiburg, York- '"'•■"' p°^- town and Hampton, to Norfolk; and from Xjunc'^'^ Frederickfburg, by Port-royal and Tappaha- n^t. nock, to Urbanna ; and from thence, crolling Rappahanock, and proceeding by Northum- berland Court-houfe, to Kinfale on the river Yeocomico, thence by Weftmoreland Court- houfe, through Leed'stown, to Fredericks- burg ; and from Peterfburg, by Cabin-Point, Smithfield, and Suffolk, to Portfmouth, and from Suffolk, to Edenton, and by Plymouth to Wafhington ; and from Wafliington to New- bern, and thence to Wilmington ; and from Fayetteville, by Elizabethtown, to Wilming- ton ; and from Halifax, by Warrington, Plills- borough, Salem, to Saliibury ; from Halifax, byjBlunt's-ville, Williamfton, Daileys to Ply- mouth ; and from Edenton, by Hertford, Nix- onton, Sawyer's-Ferry, in Camden County, to Indian Town, in Currituck County ; and from New- York, by Albany, Bennington, Manchef- ter and Rutland, to Burlington, on Lake Cham- plain ; and from Albany, by Sclieneftady, to Connajorharrie ; from New-York to Hart- ford, through Whiteplains, North-Callle, Salem, Poundridge, Ridgefield, Danburv, Newtown, New-Milford, Litchfield, Harring- ton and Farmington ; from Newai:k or Eliza- bethtown, by Morriftown, to Sufiex Court- houfe ; from Woodbridge to Amboy ; from Alexandria, by Saliibury, Leefburg, Shepherd's town, Martinlburg, Winchefter, Stevenlburg, Strafburg, Woodffcck, and Rockingham court- houfe, to Staunton ; and from Richmond, by Columbia, Charlottefville, Staunton, Lexing- ton, Fincaftle, Montgomery Court-houfe, Wythe Court-houfe, Abingdon, and Kawkin's Court-houfe, in the territory South of the river Ohio, to Danvills in Kentuckey ; and { 40 ) from Baltimore, by Fredericktown and Sharpf- barg, to tlagarilown ; and from thence to Chamberfcvurg : Provided, That the route, by which the mails are at prefent conveyed, ftiall in no cafe be altered, without the confent of the contrafiors, till the contrafts made by the Pollmailer-General fliall be determined. P.M. Gen. Sec. 2. And be it further enabled. That it niay enter fliall and may be lawful for the Poftmader-Ge- tradsTr' ^^^^^^ ^'^ cHter iuto contrafts, for a term not carrying exceeding eight years, for extending the line Sieedt '° ^^ pofts, and to authorize the perfon or per- yeirs. fons, fo contracting, to receive, during the continuance of fuch contrad:, according to the rates by this a»St eftabliflied, all the poftage which Ihali arife on letters, newfpapers and packets, conveyed by any fuch poft ; and the roads, therein defignated, fhall, during the con- tinuance of fuch contract, be deemed and con- fidered as poft-roads, within the terms and proviiions of this a£t : Provided^ That no fuch contract fnall be made, to the diminution of the revenue of the general poft-office, and that a duplicate of every fuch contract, under hand and feal, fiiall, within fixty days, after the exe- cution thereof, be lodged in the office of the Comptroller of the Treafury of the United States. Gen. poft- Sec. 3, And be it further enaded. That there o:[iceatfeat f|iail bc eftabiifced, at the feat of the govern- govcrnmcnt ^^^^^ ^^ ^^^ .^^.^^^ g^^^^^^ ^ general poft- office. And there Ihall be one Poftmafter-Ge- neral, who fliall have authority to appoint an affiftant, and deputy poftmallers, at all places where fuch fliall be found neceffary. And he fnall provide for carrying the mail oi the United States, by ftage-carriages or horfes, as he may judge moft expedient ; and as often as he, having regard to the produdivenefs thereof, ( 41 ) as well as other circumflances, fhall think proper, and defray the expenfe thereof, with all other expenfes arifing on the collection and mana<>-ement of the revenue of the poft-office. He (hall alfo have power to prefcribe fuch regulations to the deputy poft-mallers, and others employed under him, as may be found neceflary, and to fuperintend the buhnefs of the department, in all the duties that are, or may be alTigned to it, and alfo to dircvTt the route or road, where there are more than one, between the places above eflabliflied, which route or road lliall be confidered as the poll- road. Sec. 4. And be it further enaBcd^ That the Poflmafter-General Ihall, once in three months, fjJJt'tj^ac- obtaln from his deputies, the accounts and counts q'rijr vouchers of their receipts and expenditures, and the balances due thereon, and render to the Secretary of the Treafury, a quarterly ac- count of all the receipts and expenditures in the faid department, to be adjuded and fettled, as other public accounts, and fhail pay, quar- terly, into the treafury of the United States, the balance in his hands. And the Poflmafter- . , General, and his affiilant, the deputy poll- pci-runs em- maiters, and fuch as they may employ in their pW^'i by offices, fliall, refpedlively, before they enter up- ^'''^■' on the duties, or be entitled to receive the emo- luments of their offices, and the contra£lors for carrying the mail, and their agents or fervants, to whom the mail fhall be entrulled, before they commence the execution of faid trufl, ihall, refpcftively, take and fubfcribe before fome juftice of the peace, the following oath or affirmation, and caufe a certificate thereof to be filed in the office of the Poflmafler-General.; " I do fwear (or affirm as the cafe may be) that to take oath. I will faithfully perform all the duties re^juired F ( 42 ) of me, and abftain from every thing forbidden by the law in relation to the eftablifhment of pofl-offices and poft-roads within the United States." Penalty on Sec. 5. And bc it farther ena^ed^ That if any obftruding perfon fiiall obftrucl or retard the paffage of the L^egi^gencf ni^il, or of any horfe or carriage carrying the ©ffcrrj-men fame, he {hall, upon conviftion for every fuch offence, pay a fine not exceeding one hundred dollars. And if any ferryman fliall, by wilful negligence, or refufal to tranfport the mail a- crofs any ferry, delay the fame, he fhall forfeit, and pay, for each half hour that the fame fhall be fo delayed, a fum not exceeding ten dollars. poftmafter Stc. 6. And be it farther enabled. That it fhall General to be the duty of the Poftmafter-General, to give pr'^^rus'to public notice in one or more of the newfpapers making publifhed at the feat of government of the ^coXlfml^ United States, and in one or more of the news- die mail,\ papers publifhed in the ftate or ftates where the contraQ: is to be performed, for, at leafl, fix weeks before the entering into any contrail for the conveyance of the mail that fuch con- tract is intended to be made, and the day on which it fhall be concluded ; defcribing the places, from and to which fuch mail is to be conveyed ; the time at which it is to be made up ; the day and hour, at which it is to be de- livered ; and the penalty or penalties for non- performance of the ftipuiations. He fhall, confraa in moreovcr, within thirty days after the making the comp. of any contraQ:, lodge the fame, together with ^Qs^^ ^ ^ ' the propofals which he fliall have received ref- pecling the fame, in the office of the Comp- troller of the treafury of the United States. Dep. p. M. ^^^- 7* -^'^^ ^^ it farther enaded. That every to keep an dcputy poflmafler fhall keep an office in which office. ^j-jg Qj. more perfons fhall attend at fuch houi'S as the Pollmafter-General fliall dired, for the C 43 ) purpofe of performing the duties thereof. And all letters brou;;^'T- 'O any pod-office, half an hour before the time of making up the mail at fuch office, fliall be forwarded therein. Sec. 8. And belt further enabled ^ That from Allowance and after the paffing of this a6t, the Poftmafter- 'o p. m.g. General fhall be allowed, for his fervices, at *^ ^ ^ ^'* the rate of two thoufand dollars per annum, his alliftant, at the rate of one thoufand dol- lars per annum, to be paid, quarterly, out of the revenues of the pofl-office : and no fees or perquifites fhall be received by either of them, on account of the duties to be performed in virtue of their appointments. Sec. 9. And be it further enacted.. That from and after the firft day of June next, the deputy rates of loH- poftmafter and perfons authorized by the ^fj'^'jyf. Poftmafter-General, fhall demand and receive, for the poftage and conveyance of letters and packets, except fuch as are hereinafter excepted, according to the feveral rates and fums following : For the poflage of every fmgle letter, to or from any place by land not exceeding thirty miles, fix cents ; over thirty miles, and not exceeding fixty, eight cents ; over fixty miles, and not exceeding one hundred, ten cents ; over one hundred miles, and not exceeding one hundred and fifty, twelve cents and a half; over one hun- dred and fifty miles, and not exceeding two hundred, fifteen cents ; over two hundred miles, and not exceeding two hundred and fifty, feventeen cents ; over two hundred and fifty miles, and not exceeding three hundred and fifty, twenty cents ; over three hundred and fifty miles, and not exceeding four hun- dred and fifty, twenty-two cents ; and to or from any place by land, more than four hundred and fifty miles, twenty-five cents j ( 44 ) and eviery double letter ihall pay double the faid rates ; every triple letter, triple ; every packet weighing one ounce avoirdupois, to pay, at the rate of four fmgle letters for each ounce, and in that proportion, for any greater weight. Rates of Sec, lo. And be it further enadcd. That all letters and Jettcrs and packcts, palling by fea to and from paffing^ by the United States, or from one port to another iea. therein, in packet boats or veffels, the pro- perty of, or provided by the United States, fhall be rated and charged, as follows ; For dvery fmgle letter, eight cents ; for every dou- ble letter, fixteen cents ; for every triple letter or packet, twenty-four cents ; for every letter or packet brought into the United States, or carried from one port therein to another by fea, in any private fliip or velTel, four cents, if delivered at the place where the fame fhall arrive ; and if directed to be delivered at any other place, with the addition of the like pofl- age, as other letters are made fubjed to the payment of by this aft. Pen It '^'"^'^' ^ ^ ' ■^'^'^ ^^ ^^ further enacled. That if demanding any dcputy poftmafler, or other perfon autho- or receiving yjzed by the Poftmafler-General, to receive the pXted ' portages of letters, fhall fraudulently demand portage, or receive any rate of poftage, or any gratuity or reward, other than is provided by this aft for the poftage of letters or packets, on con- viftion thereof, he fhall forfeit for every fuch offence, one hundred dollars, and fliall be rendered incapable of holding any office under the United States, Sec. 12. Ajid be it further cna&ed. That no Duty of flilp QY veffel, arriving at any port within the ^ffeifpre-^^-'^"^^^^^^^^'^^'^' whcrc apoft-officcis effabliflied, vious to fliall be permitted to report, make entry or L™^i;'' break bulk, till the mafter or commander fliall ( 45 ) have delivered to the poftmafler, all letters di* reeled to any perfon or perfons v.ithin the United States, which, under his care or within his power, fliall be brought in fuch (hip or veffel, other than fuch as are direded to the owner or confignee: but when a veffel fhall be bound to another port, than that, at which Ihe may enter, the letters belonging to, or to be delivered at the faid port of delivery, fhall not be delivered to the poftmafler at the port of entry. And it Iliall be the duty of the coUedor or other offi- cer of the port, empowered to receive entries of fhips or veffels, to require from every mailer or commander of fuch fiiip or vellel, an oath or afiirmation, purporting that he has delivered all fuch letters, except as aforefaid. Sec. 1 3, And be it further enaded. That the ^^.^ ^^ ^ poftmafters to whom fuch letters may be deli- :^'. on re- vered, (hall pay to the mafter, commander, or ^^^JP^ ^^^^^^^ other perfon delivering the fame, except the foreign commanders of foreign packets, two cents for packets,&c. every fuch letter or packet ; and fnall obtain from the perfon delivering the fame, a certifi- cate fpecifying the number of letters and packets, with the name of the fhip or veffel, and the place from whence fne laft failed ; which certificate, together with a receipt for the money, fliall be with his half-yearly ac- counts, tranfmitted to the Poftmafter-General, who fliall credit the amount thereof to the poftmafter forwarding the fame. Sec. 1 4. And be it further enacied. That if p^n^ity oh any perfon, other than the Poftmafter-General, perfons of- or'his deputies, or perfons by them employed, g,'|„ft^thi8 fliall take up, receive, order, difpatch, convey, a^i. carry or deliver any letter or letters, packet or packets, other than newfpapers, for hire or reward, or fhall be concerned in fetting up any foot or hovfe poft, waggon or other carriage, by ( 46 ) or in which any letter or packet fhall be carried for hire, on any eftablifhed pod-road, or any packet, or other veflel or boat, or any convey- ance whatever, whereby the revenue of the ge- neral pod-office may be injured, every perfon, fo offending, iliall forfeit, for every fuch offence, the fum of two hundred dollars. Provided, That it fliall and rnay be lawful for every perfon to fend letters or packets by fpecial meffenger. Deputies to ^^^* ^5* "^^^ ^^ it further enaBed, That the account deputy podmaders or agents of the Podmader- g" fo*^ b^e G^i^s^^U ^"^ d"^y account and anfwer to him, letterl ^ for all bye or way-letters, and diall fpecify the number and rates in the pod bill. And if any deputy podmader or agent fliall negleft fo to ^ ,, „ account, he or they fo oftendin^, fliall, on Penalty on ' r r r • r r i r r-cgiccting, conviclion thcreot, torieit, tor every lucn or- offence, a fum not exceeding one hundred dollars. Sec. 1 6. And be it further e7iaBed, That if detaining, ^j^„ perfon. employed in any of the depart- (delavmg.or •' ^ r i i i^ rr /I n i fccreting mcnts ot the general polt-omce, mail unlaw- ktters, &c. f^^y detain, delay, or open, any letter, packet, bag or mail of letters, with which he iTiall be entruded, or which fiiall have come to his poffeffion, and which are intended to be convey- ed by pod : Or if any fuch perfon fliall fecrete, embezzle or dedroy any letter or packet, en- truded to him, as aforefaid, and which fliall not contain any fecurity for, or affurance relating to money, as herein after defcribed, every fuch offender, being thereof duly convifted, fliall, for every fuch offence, be hned not exceeding three hundred dollars, or imprifoned not ex- ceeding fix months, or both, according to the circumdances and aggravations of the offence. And if any perfon, employed as aforefaid, fliall fecrete, embezzle or dedroy, any letter, packet, bag, or mail of letters, with which he fliall be ( . 47 ) cntrulled, or which Ihall have come to his pofleflion, and are intended to be conveyed by poft, containing any bank note, or hunk poft- bill, bill of exchange, warrant of ihe Treafury of the United States, note of aflignment of Hock in the funds, letters of attorney for re- ceiving annuities or dividends, or for felHng flock in the funds, or for receiving the in- terefc thereof, or any letter of credit, or note for, or relating to the payment of money, or other bond or warrant, draft, bill, or promif- fory note whatfoever, for the payment of money ; or if any fuch perfon, employed as aforefaid, (hall Heal or take any of the f^une out of any letter, packet, bag or mail of let- ters, that fhall come to his polTellion, he fiiall, on convidion, for any fuch offence, fuffer death. And if any perfon, who fliall have taken charge of the mail of the United States, fhall quit or defert the fame, before his arrival at the next pofl-of!ice, every fuch perfon, fo offending, fhall forfeit and pay a fum, not exceeding five hundred dollars, for every fuch offence. And if any perfon, concerned in carrying the mail of the United States, fhall coUeci:, receive or carry any letter or packet, or fliall caufe or pro- cure the fame to be done, contrary to this a61;, every fuch offender fhall forfeit and pay, for every fuch offence, a fum not exceeding fifty dollars. Sec. 1 7. Jnd be it further enaEled^ That if Penaity m any perfon or perfons fhall rob any carrier ofP^''^''"'''"'*- the mail of the United States, of fuch mail, or mail'"^ if any perfon fliall rob the mail, in which let- ters are fent to be conveyed by poll, of any letter or packet, or fhall fleal fuch mail, or fliall fleal and take from or out of the fame, or from or out of any pofl-office, any letter or packet, fuch offender or offenders fliall, on convictiou thereof, fuffer death. ( 48 ) Deputies to S^c. 18, And be it further enaded. That the pubiifti eve- dcputy poftmaftcrs fhall, refpe^lively, publifti fiift^net- *^'^ ^^^^ expiration of every three months, in tersthenon onc of the newfpapcrs publilhed at, or neareft band, &c. ^^^ place of his refidence, for three fucceffive weeks, a lift of all the letters then remaining in their refpeftive offices ; and at the expira- tion of the next three months, fhall fend fuch- of the faid letters as then remaui on hand, as dead letters, to the general poft-ofHce, where the fame fliall be opened and infpeded ; and if any valuable papers or matter of confe- quence, fliall be found therein, it fhall be the duty of the Poftmafter-General, to caufe a def- criptive lift thereof to be inferted in one of the newfpapers, publiflied at the place mofl conve- nient to where the owner may be fuppofed to refide, if within the United States, and fuch letter and the contents fhall be preferved, to be delivered to the perfon, to whom the fame fliall be addreiTed, upon payment of the poll- age, and the expenfe of publication. Sec. 19. And be it further enabled. That the ^^'^"^io^te fc>llovv^ing letters and packets, and no other, conveyed fliall be rcccivcd and conveyed by poft, free of free of poll- poftagc, undcr fuch reftriftions, as are herein ^^^' after provided ; that is to fay ; All letters and packets to or from the Prefident or Vice-Prefi'- dent of the United States, and all letters and packets, not exceeding tvvo ounces in weight, to or from any member of the Senate or Houfe of Reprefentatives, the Secretary of the Senate or Clerk of the Houfe of Reprefentatives, during their aduai attendance in any feffion of Congrefs, and twenty days after fuch fef- fion. All letters to and from the Secretary of the Treafury, and his affiftant, Comptroller, Regifler, and Auditor of the Treafury, the Treafurer, the Secretary of State, the Secre- ( 49 ) tary at War, the Commiirioners for fettling the certain let- accounts between the United States and indi- ters free of vidual ftates, the Poilmafter-General and his ^"^"^"' afiiilant : Provided, I'hat no perfon {hall frank or enclofe any letter or packet, other than his own ; but any public letter or packet from the department of the Treafury may be franked by the Secretary of the Treafury, or the allilf- ant Secretary, or by the Comptroller, Regifter, Auditor or Treafurer ; and that each perfon before named ihall deliver to the poft-office every letter or packet enclofed to him, which may be directed to any other perfon, noting the place, from v/hence it came by pod, and the ufuai poftage fliall be charged thereon. Sec. 20. And be it further enaded. That if Penalty on any perfon fliall counterfeit the handwriting ^^^"^''he"'* of any other perfon, in order to evade the pay- franking to ment of poftage ; fuch perfon or perfons, io ^^^^^ p*^^* offending, and being thereof duly convided, **^* fnall forfeit and pay, for every fuch offence, the fum of one hundred dollars. Sec. 2 1 . And be it further enacied. That Privilege of every printer of newfpapers may fend one "^^^.y" P""'"' paper to each and every other printer of news- papers within the United States, free of poft- age, under fuch regulations, as the Poftmafter- Generai fliall provide. Sec. 22. And be it further enacted. That all Newfpapers newfpapers, conveyed in the mail, (hall be i!^^ up* for under a cover open at one end, carried in fe- the mail, parate bags from the letters, and charged with the payment of one cent, for any diftance not more than one hundred miles, and one cent and a half for any greater diftance : And it ilrall be the duty of the Poftmafter-Generai and his deputy, to keep a feparate account for the newfpapers, and the deputy poftmafters G ( so ) fhall receive fifty per cent on the poflage of all newfpapers : And if any other matter or thing- be enclofed in fuch papers, the whole packet Ihall be charged, agreeably to the rates efta- bHflied by this ad, for letters or packets. And if any of the perfons employed in any depart- ment of the poft-office, fliall unlawfully detain, delay, embezzle or deftroy any newfpaper, with which he fhall be entrufted, fuch offend- ers, for every fuch offence, fhall forfeit a fum, not exceeding fifty dollars : Provided^ That P.M. Gen. the Poflmafler-General, in any contraQ:, he comrador" "^^Y ei'-^^'* i^^^^j for the conveyance of the mail, to carry may autlioHze the perfon, with whom fuch and^^^^^"' co^^traft is made, to carry newfpapers, other than thofe conveyed in the mail. allow fuch Sec. 23. And be it further enaded. That the commiffion Poflmafter-Gencral be, and he is hereby autho- Is heCay ^"ized to allow to the deputy poflmafters ref- deem ade- pe6lively, fucli commiffion on the monies 1^0^10 ex- arifmg from the poftage of letters and packets, ceed, &c. as he fhall think adequate to their refpeftive fer- vices : Provided, That the faid commiffion fhall not exceed forty per cent to any deputy, whofe compenfation thereby fhall not exceed fifty dol- lars, nor thirty per cent to any deputy, whofe compenfation thereby fhall not exceed one hundred dollars, nor twenty per cent to any other deputy, except the poftmafter at the port, where the European packets do, or fhall fleadily arrive : to whom fuch farther allowance, in addition to the emoluments of his office, fhall be made, as the Poflmafler-General fhall deem a reafonable compenfation for his extra-fervices in the receipt and difpatch of letters, origi- nally received into his office, from on board fuch packets, and by him forwarded to other ^goo^dok offices : And provided alfo. That the compen- per annum.' fations aforcfaid fhall not exceed eighteen ( 51 ) hundred dollars per annum to any one pofl- mafter for all fervices by him rendered. Sec. 24. And be it further enaded^ That if p. M.Gcn. any deputy poftmafter or other perfon, autho- to rro/ecme ] r J r ^ r' deputies 11c- rized to receive the poltage or letters and gieding to packets, fliall neglect or refufe to render his ^"^"'^ luar- accounts, and pay over to the Poftma(ler-Ge- penLy^"on neral, the balance by him due, at the end of ^'* negk^^j every three months, it fhall be the duty of the Poflmafter-General, to caufe a fuit to be com- menced againft the perfon or perfons fo nc- glecling or refufmg : And if the Poflmafter General fhall not caufe fuch fuit to be com- menced within three months, from the end of every fuch three months, the balances due from every fuch delinquent fhall be charged to, and recoverable from the Poftmafler- General. Sec. 25. Arid be it further enaded. That all Appropria- pecuniary penalties and forfeitures, incurred JJ°|";g°^PJ~ under this acl, fhall be, one half for the ufe of der this ail. the perfon or perfons informing and profecu- ting for the fame, the other half to the ufe of the United States. Sec. 26. Ajid be it further enacted. That It p.m. Gen. ftiall be lawful for the Poflmafter-General, to '"^^"}^J^ make provifion, where it may be neceflary, for for receipt the receipt of all letters and packets intended ^^ ^^"ers to be conveyed by any fhip or veffel, beyond cdvcd'^ "iby fea, or from any port of the United States to fe^. another port therein ; and the letters fo re- ceived fhall be formed into a mail, fealed up, and directed to the poftmafter of the port to which fuch fhip or veflel fhall be bound. And for every letter or packet fo received, there fhall be paid, at the time of it's reception, a poftage of one cent. And the Poftmafter-Ge- neral may make arrangements with the poft- ( 5^ ) mailers in any foreign country for the reci- procal receipt and delivery of letters and pack- ets, through the poll-offices. poftmafters Scc. 27. And he it furthcr cnaBcd^ That the &c. e::cnipt (Jeputv pollmallers, and the perfons employed frommilitia . \ -^ ^ ,, . r 1 •, n 11 1 ^ -' duty. in the traniportation or the mail, Ihall be exempt from miUtia duties, or any fine or penalty for negleQ; thereof. Appropria- Scc. 28. And he it further cnaBcd^ That all tionsoffur- ^j^g furplus-revcnuc of the general poll-office, plusie venue i • 1 n n i • i r a of gen. poft- which Ihall have accrued, previous to the nnt office. (Jay Qf jm^g next, not heretofore appropriated, be, and the fame is hereby appropriated to- wards defraying any deficiency which may arife in the revenue of the faid department for the year next enfuing. Former ads Scc. 29. And he it further end fied, 'I\i2X. iht continued a£l paffcd the lall feffion of Congrefs, inti- tiu iftjune. tuled, " An ad to continue in force, for a limited time, an acl intituled, " An ad for the temporary ellablilhment of the poll-office," be, and the fame is hereby continued in full force, until the firfl day of June next, and no longer. Limitation ^^^' 3°* And he it further enacted^ That this of this afl, act ffiail be jn force for the term of two years^ from the faid firfl day of June next, and no longer. JON A: TRUMBULL, Speaker of the Houfe of Rcprefcntatives. JOHN ADAMS, Vice- Prefi dent of theUnite^ States, and Prejident of the Senate, Approved, February the twentieth, 1792. G'^: WASHINGTON, Prefidcnt oj the United States, ( 53 ) CHAPTER VIII. A)2 ACT relative to the EleElion of a Presiden't avd Vic t-PRESiDENT of the United States, and dedarrng the OJiur whojliall aci as Prefident in cafe of Vacancies in the ojices both of Prejident and Vice- Prefident, Sec. I. "O E // enabled by the Senate and X3 liG^fs of Reprefentatives of the ^^ United States of America^ in Congrefs ajfembled^ to appoint That except in cafe of an eledion of a Prefident ^J-^^^"^" '^^j and Vice-Prefident of the United States, prior pr''efidcnt & to the ordinary period as hereinafter fpecihed, vice-piefi- ele£tors fhali be appointed in each (late for the ^"'' election of a Prefident and Vicc-Prefideiit of the United States, within thirty-four days pre- ceding the firfl Wednefday in December, one thoufand feven hundred and ninety-two, and within thirty-four days preceding the firft Wed- nefday in December in every fourth year fuc- ceeding the lall election, which eleftors (hall be equal to the number of Senators and Reprefen- tatives, to which the fcveral (fates may by law be entitled at the time, when the Prefident and Vice-Prefident, thus to be chofen, fhould come into office : Provided always,, That where no apportionment of Reprefentatives fhall have been made after any enumeration, at the time of chufing electors, then the number of electors fnall be according to the exiiling apportionment of Senators and Reprefentatives. Sec. 2. And be it further enaded. That the when to electors (hall meet and give their votes on the '"'=''' """^ faid firft Wednefday in December, at fuch place in each (late as (hall be directed, by the legida- ture thereof; and the electors in each (late (liall make and fign three certificates of all the votes crniSes^ by them given, and (hall leal up the fame of all the certifying on each that a lift of the votes of ^°*"s»^*'"' fuch (late for Prefident and Vice-Prefident is how to be contained therein and (hall by writing under ^'^^''^''^ "*• ( 54 ) their 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 Wed- nefday in January then next enfuing, one of the faid certificates, and the faid electors fhail forthwith forward by the poft-office to the Pre- fident of the Senate, at the feat of government, one other of the faid certificates, and fliall forthwith caufe the other of the faid certifi- cates, to be dehvered to the judge of that diftri*^ in which the faid eiedors fliall aflemble. Duty of ex- Sec. 3. And be it furthe}- enacted. That the each'^ftate°- ^^^cutive authority of each ftate fhall caufe ' three Hits of the names of the eleftors of fuch ftate to be made and certified and to be deli- vered to the eleftors on or before the faid firft Wednefday in December and the faid electors ftiall annex one of the faid lifts to each of the lifts of their votes. of Sec. of Sec. 4. And be it further enabled. That if a State on \^^ of votcs, from any ftate ftiall not have been noD-receip^ received at the feat of government on the faid votes. firft Wednefday in January that then the Secre- tary of State ftiall fend a fpecial meffenger to the diftriO: judge in whofe cuftody fuch lift ftiall have been lodged, who fliall forthwith tranfmit the fame to the feat of government. CoD<^refsto Sec. 5. And he it further enabled. That beinfeffion Congrefs fliall be in felfion on the fecond ndday^ln Wednefday in February, one thoufand feven Feb. 1793. hundred and ninety-three, and on the fecond Wednefday in February fucceeding every meet- ing of the eleftors and the faid certificates, or fo many of them as fhall have been received, fhall then be opened, the votes counted, and the perfons who fhall fill the offices of Prefi- dent and Vice-Prefidcnt afcertained and de- clared, agreeably to the Conftitution. ( 55 ) Sec. 6. Jndbeit/m-t/jcrcm^ed,Th^tmc:ik^^2n.tnt there (hall be noPrefideiit of the Senate at the withiiOst^ Teat ot governmeRt on the arrival of the perfons ^'""' entrufted with the lilts of the votes of the elec- tors, then fuch perfons fliall deliver the lifts of votes in their cuftody into the otHce of the Secretary of State, to be fafely kept and deli- vered over as foon as may be, to the Prefident of the Senate. Sec. 7. And be it further enacled. That the f^^^^^''"" perfons appointed by the eleftors to deliver the lifts of votes to the Prefident of the Senate, iball be allowed on the delivery of the faid lifts twenty-five cents for every mile of the efti- mated diftance by the moft ufual road, from the place of meeting of the electors, to the feat of government of the United States. Sec. 8. Jnd be it further enaaed. That if P^"^i'y «" n • 111- 1 j^ their iic- any perlon appointed to dehver the votes oigieaaduty the eledors to the Prefident of the Senate, fhall after accepting of his appointment neglect to perform the fervices required of him by this ■act, he Ihall forfeit the fum of one thoufand dollars. Sec. 9. And be it further enaded. That in fXJf;"Jh cafe of removal, death, refignation or inabihty &c.ofpre- both of the Prefident and Vice-Prefident of the C'^^"' ^"^ United States the Prefident of the Senate pro tempore and in cafe there ftiall be no Prefident of the Senate, then the Speaker of the Houfe of Reprefentatives, for the time being ftiall act as Prefident of the United States until the difability be removed or a Prefident fliall be elected. Sec. 10. And be it further cnafled. That duty of s. whenever the offices of Prefident and Vice- "^^^f^^^.^^^;* Prefident ftiall both become vacant, the Secre- tary of State ftiall forthwith caufe a notification ( 56 ) Duty of s c. thereof to be made to the executive of every of State, &c. (i-ate, and fhall alfo caufe the fame to be pu- blifhedin at lead one of the newfpapers prmted in each ftate, fpecifying that eledors of the Prefident of the United States (liall be appoint- ed or chofen in the feveral jflates within thirty- four days preceding the firfl Wednefday in De- cember then next enfuing : Provided, There Ihall be the fpace of two months between the dateof fuch notification and the faid hrft Wed- nefday in December but if there fhall not be the fpace of two months between the date of fuch notification and the firft Wednefday in December and if the term^ for which the Pre- fident and Vice-Prefident laft in office were elefted fhall not expire on the third day of March next enfuing then the Secretary of State fliall fpecify in the notification that the eledors fhall be appointed or chofen within thirty-four days preceding the firfl Wednesday in December in the year next enfuing within which time the eledors fhall accordingly be appointed or chofen, and the eledlors fhall meet and give their votes on the faid firfl Wednefday in December and the proceedings and duties of the faid electors and others fhall be purfuant to the direftions prescribed in this acl. ^rfuft""°/ Sec. II. And be it further enaded. That the of office of only evidence of a refufal to accept, or of a prefident, rcfignation of the office of Prefident or Vice- Prefident, ihall be an inllrument in writing de- claring the fame and fubicribed by the perfon refufmg to accept or refigning as the cafe rriay be and delivered into the office of the SecrctT. y of State. When the Scc. 12. Atid 1)6 it furlher enacled. That the yea?s fifaif* ^crm of four yeais fo'r v/hich a Prefident and commence. Vice-PrefidcHt fhall be elected fliall in all cafes ( 57 ) commence on the fourth day of March next fucceeding the day on which the votes of the electors fliall have been given. JONATHAN TRUMBULL, Speaker of tht Houfc of Reprefaitativcs. JOHN ADAMS, Vice-Prefident of the United States, and Prefideni of the Senate. Approved, March the firft, 1792. G°: WASHINGTON, Prefideni of the United Stales. CHAPTER IX. An ACT for making farther and more effcBual Provifion for the ProtcElion of the Frontiers of the United States. Sec. I. ¥3 E // enaBed by the Senate and Hoiife _i3 of Reprefentatives of the United States of America^ in Congrefs affimbled. That the batcalion of artillery now in fervice be com- Battalion of pleted according to the eflabhfliment, and that artillery & the two regiments of infantry now in fervice, be ^ i^^^^^' "^^ completed to the number of nine hundred and be com- fixty non-commifiioned officers, privates and p'^"^'^ • muficians each. Sec. 2. And be it further enacted, That there 3 gjaitionai lliall be raifed for a term not exceeding three regiment* years, three additional regiments, each of"'^ which, exclufively of the commiffioned officers, fhall confifl of nine hundred and fixty non- commiffioned officers, privates and muficians ; and that one of the faid regiments be organ- ized in the following manner, that is to fay, two battalions of infantry, each of which, exclu- fively of the commiffioned officers, (liall confift of three hundred and twenty non-com.miffioned officers, privates and muficians ; and one fqua- dron of light dragoons which, exclufively of the cGmmiifioned officers, fnall confifl: of three hundred and twenty non-commiffioned officers, privates and muficians ; and that it /hall be a H ( 58 ) condition in the inliftment of the faid dragoons, to ferve as difmounted dragoons, whenever they SS°^^^" fhall be ordered thereto : That the organization of the faid fquadron of light dragoons fhall be, as follows, to wit ; one major, one adjutant, one quarter mafter, one furgeon's mate, and four troops, each of which fhall confift of one captain, one lieutenant, one cornet, four fer- jeants, four corporals, one farrier, one faddler, one trumpeter and fixty-nine dragoons ; and the Prefident may arm the faid troops, as he fhall think proper : Sec. 3. Provided always^ and be it further and b.y enabled. That it fhall be lawful for the Prefi- whom. dent of the United States to organize the faid five regiments of infantry, and the faid corps of horfe and artillery, as he fliall judge expe- dient, diminifhing the number of corps, or taking from one corps and adding to another, as fliail appear to him proper, fo that the whole number of officers and men lliall not exceed the limits above prefcribed : — Provided, That the faid three regiments fhall be difcharged as foon as the United States fhall be at peace with the Indian tribes. term of en- Sec. 4. And hc it fufiher e?2aded. That the lament. non-commifTioncd officers, privates and mufi- cians of the faid three regiments, fliall be in- lifted for the term of three years, unlefs pre- vioufly difcharged. bounty al- ^^^' 5" And be it further enaded, Tli^X QWtxy lowed. recruit who fhall be inliiled by virtue of this aft, fhall receive eight dollars bounty, and that the fame fliall be made up to the non-com- miffioned officers, privates and muficians now in fervice, who have inlifled for three years, fmce the pafling of the aft intituled " An aft for regulating the military eltabiifhment of the Ujiited Sfates, ( 59 ) Sec. 6. And be it further enroled. That the Allowance commiflioned officers, who fhall be employed ^^"'^^"^""'"^ to recruit for the ellablifliment, fhall be entitled ° "''"' to receive, for every recruit, duly inlifted and muftered, two dollars. Sec. 7 And be it further enabled. That the of pay to monthly pay of the commiflioned officers, non- ^ ^^"^"^P** commiflioned officers privates and muficians, on the military eftablifiiment of the United States, and of ihe three regiments authorized by this; acl, fhall be, in future, as follows, free of all deduftions, to wit : — General Staff — A major general, one hundred and f:xty-fix dol- lars. A brigadier general, one hundred and four dollars. C^iarter mafter, one hundred dollars. Adjutant, to do alfo the duty of in- fpedor, feventy-five dollars. Chaplain, fifty dollars. Surgeon, feventy dollars. Deputy quarter mafler, fifty dollars. Aid de camp, in addition to his pay in the line, twenty four dollars. Brigade major, to a£l alfo as de- puty infpeftor, in addition to his pay in the line, twenty-four dollars. Principal artificer, forty dollars. Second artificer, twenty-fix dol- lars. — Regimental — Lieutenant colonel com- mandant, feventy five dollars. Major com- mandant of artillery, and major of dragoons, fifty five dollars. Paymafler, in addition to his pay in the line, ten dollars. Quarter mafter, in addition to his pay in the Une, eight dollars. Adjutant, in addition to his pay in the line, ten dollars. Majors of infantry, fifty dollars. Cap- tains, forty dollars. Lieutenants, twenty fix dollars. Enfigns and cornets, twenty dollars. Surgeons, forty five dollars. Mates, thirty dollars. Serjeant majors and quarter-mafter ferjeants, fevcn dollars. Senior muficians, fix dollars. Serjeants, fix dollars. Corporals, five dollars. Privates, three dollars. Muficians, four dollars. Artificers allowed to the infantry, light dragoons, and artillery, and included as privates, eight dollars. Matrons and nurfes in the hofpital, eight dollars. Sec. 8. And be it further ejiacled. That the rations, or money in lieu thereof, for the com- millioned, non-commifiioned officers, privates and muficians of the additional troops herein mentioned, fliali be the fame, as defcribed in the aforefaid aft, intituled " An aft for regu- lating the military eflablifliment of the United States," and in the aft paffed in the third feffion of the firft Congrefs, intituled " An aft for raifmg and adding another regiment to the mi- litary eilablirhment of the United States, and for making farther provifion for the proteftion of the frontiers. Sec. 9. And be it further enatled. That the forage, to be allov/ed to the officers of the ad- ditional regiments authorized by this aft, be the fame as defcribed by the afts before mentioned. Sec. 10. And be it further ena&ed. That the allowance of clothing for non commiffioned officers and privates of the infantry of the faid three regiments, fliall be the fame, as is by law eftabliflied : that fuitable clothing be provided for the cavalry, and adapted to the nature of the fervice, and conformed as near as may be, to the value of the clothing allowed to the in- fantry and artillery. Sec. II. Amd be it further enaded^ That all h. the commiffioned, and non commiffioned of- ficers, privates and muficians of the faid three regiments, fiiall take the fame oaths, fliall be governed by the fame rules and regulations, and in cafes of difabilities, ihall receive the fame compenfations, as are defcribed in the before- mentioned aft, intituled *' An aft for regu- forajre ; lothin' To take an fcivii valry, &c. their pay ; ( 6i ) lating the military eftablifliment of the United States." Sec 12. And be it further enacted^ That it Difcretion- fhall be lawful for the Prefident of the United -y-- States, to forbear to raife, or to dilcharge, after they fhall be raifed, the whole or any part of the faid three additional regiments, in cafe events (hall in his judgment, render his fo doing confident with the pubHc fafety.. Sec. 13. And he it further enaBed, That the ^ caU into Prefident be, and he hereby is authorized, from ' time to time, to call into fervice, and for fuch periods as he may deem requifite, fuch number of cavalry as, in his judgment, may be necef- fary for the protection of the frontiers: Provided, That the non-commiiTioned officers fnali not be allowed more than one dollar per day, nor the privates more than feventy five cents per day, each perfon finding his horfe, arms and ac- coutrements, and at his own rifque, and twenty five cents per day in lieu of rations and forage : Provided he furnilh himfelf therewith. Sec. 14. And he it further cnaBcd^ That the prefident te Prefident alone be, and he hereby is authorized j-'Pg'^]^^^^^ to appoint, for the cavalry fo to be engaged, the proper commifTioned officers, who Ihall not exceed, in number and rank, the proportions affigned to the faid three regiments, and whofe pay^and other allowances fliall not, exclufively of fifty cents per day for the ufe and rifque of their horfes, exceed thofe of officers of corref- ponding rank, in the faid regiments. Sec. 15. And he it further enacJcd, That the ^,^,\ may Prefident of the United States be authorized, <^^J i"- in cafe he fliall deem the meafure expedient, to employ fuch number of the Indians, and for fuch compcnrations, as he may think proper : ( 62 ) Prcvided, The faid compenfatlons do not, in the whole, exceed twenty thoufand dollars. JONATHAN TRUMBULL, Speaker of the Hi'uft of Reprcfcntativcs. JOHN ADAMS, Vice- Pre fdenf of the United States and Prefident of the Senate. Approved, March the fifth, 179^- G^ WASHINGTON, Prefident of the United States, CHAPTER X. An ACT derlr.r:;ir the confcnt of Congrefs to a certain aEl oj the State of Maryland, and to continue for a longer tir/ie, an a&. declaring the affent of Congrefs to certain aEls ef the States of Maryland, Georgia, and Rhodc-Ifland and Providence Plantations, fo far as the fame rcfpecis the States of Georgia, and Rhode-Ifland and Providence Plantations. Sec. I. 'Wy^ ^f cnaclcdhy the Senate and Houfe of |p Reprcfentati-ves of the United States of America^ in Congrefs affcmblcd. That the con- Confent of ^^^^"^ ^^ Congieis be, and is hereby granted and Congrefs to declared to the operation of an act of the Gen- cmainTft^ eral Affembly of Maryland, made and palTed at ofMary- a feffion begun and held at the city of Annapo- !and; and jj^^ ^^ ^|^g 'A^.^^ Monday in November laft, inti- tilled, " An aft empowering the wardens of the port of Baltimore to levy and collect the duty therein mentioned.'* Sec. 2. ^"Ind he it further enacted., That the act cmain'ad>s i^tituled " Au act declaring the alTent of Con- Maryiand, grcfs to Certain acts of the itates of Maryland, .c.:c. conti- Qqqy^\2l and Rhode-Ifland and Providence Plan- nued as to o Geor-ia tatious," fliall bc continued, and is hereby de- & R.ir.and. clared to be in full force, fo far as the fame re- fpeds the ftates of Georgia and P^hode-Illand and Providence Plantations. Lirmtatio::. Sec. 3. And be it further enaSed., That this act fhali be and continue in force for the term ( ^3 ) of three years, and from thence to the end of the next feflion ofCongrefs, and no longer. JONATHAN TRUMBULL, Speaker of the Houje of Reprejentadvcs. JOHN ADAMS, Vice-PrefAent of the United States, and Prefidtnt of the Senate. .\ppROV£D, March the nineteenth, 1792. G^: WASHINGTON, Prejldcnt oj'thi Unih\l States. C li A P T E R XL An ACT to provide for the fettUment of the Claims of Widows and Orphans barred by the limitations heretofore ejlablified and to regulate the Claims to Invalid Pcnfions. Sec. I. TJE // enacted by the Senate and Houfe j3 of Reprefentatives of the United States of Arncric.i, in Congrefs afembled., That the operation of the refolutions of the late ^"/'^^"J"",, Congrefs of the United States, paffed on the le- of csrta'm cond day of November, one thoufand feven J^f f "',;°"^'r, hundred and eighty live, and the twenty third b^rnn/ day of July, one thoufand {QVtTi hundred and ''''""''■ eighty feven, fo far as they have barred, 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, Ihall, from and after the palling this act, be fufpended for and during the term of two years. Sec. 2. And be it further cnaciedy That any _ commiflioned officer, not having received the f,cc,-s, &c. commutation of half pay, and any non-com- ho^j t« !>« millioned officer, foldier or feaman, dilabled in ^'''\V,p the adual fervice of the United States, during penfionlift. the late war, by wounds or other known caufe, who did not deiert from the laid fervice> ihall be entitled to be placed on the penfion lift of the United States, during life or the conti- nuance of fuch difability, and fntll alfo be al- ( 64 ) Difabied lowed fuch farther fum for the arrears of pen- on ccrs, &c, fion, from the time of fuch difabihty, not phced^on ^ exceeding the rate of the annual allowance, in penfioniifi. confcquence of his difability, as the circuit court of the dill:ri6t, in which they refpet'ilively refide, may think juft. Provided^ That in every fach cafe, the rules and regulations following fhall be complied with j that is to fay : — Firft. Every applicant fliall attend the court in perfon, except where it fhall be certified by two ma- giflrates that he is unable to do fo, and fliall produce to the circuit court, the following proofs, to wit : — A certificate from the com- manding officer of the Ihip, regiment, corps or company, in which he ferved, fetting forth his difability, and that he was thus difabled while in the fervice of the United States ; or the affidavits of two credible witnefTes to the fame effect. — The affidavits of three reputable freeholders of the city, town, or county, in which he refidqs, afcertaining of their own knowledge, the mode of life, employment, labor, or means of fupport of fuch applicant, for the lafl twelve months. — Secondly. The circuit court, upon receipt of the proofs afore- faid, fhall forthwith proceed to examine into the nature of the wound, or other caufe of dif- ability of fuch applicant, and having afcer- tained the degree thereof, fhall certify the fame, and tranfmit the refult of their enquiry, ill cafe, in their opinion, the applicant fliould be put on the peniAon-lifl, to the Secretary at War, together with i their opinion in writing, what proportion of the monthly pay of fuch appli- cant will be equivalent to the degree of difa- bility afcertained in manner aforefaid. Sec. 3. And be it further enaded^ That tlie clerk of thti diihict court, in each difl:ri6r, fhall publifii this aft in fuch manner as the judge of the diflrid court fliall think effedual when ( 65 ) to give general information thereof to the clerk people of' the diftrid, and fliall give like in- P"bi>"^. '^ formation of the times and places ot holding notice wh the circuit courts in fuch diftrict. And in dif- '^e dirtria tricls wherein a circuit court is not directed ^c. by law to be holden, the judge of the diftrid court fliall be, and he hereby is authorized to exercife all the powers given by this aft to the refpeclive circuit courts. And it fhall be the duty of the judges of the circuit courts ref- duty of the peclively, during the term of two years from J"'^^" ; the.paffing of this aft, to remain at the places where the faid courts fliall be holden, five days at the lead from the time of opening the fef- fions thereof, that perfons difabled as afore - faid, may have full opportunity to make their application for the relief propofed by this aft. Sec. 4. And he it further enaHed, That the , , ^ r> TT^ • r 1 r oft'ie Sec. Secretary at War, upon receipt or the proots, at w^ar. certificate and opinion aforefaid, fliall caufe the fame to be duly filed in his office, and place the name of fuch applicant on the pen- fion-lifl of the United States, in conformity thereto : Provided always^ That in any cafe, where the faid Secretary fliall have caufe to fulpeft impofition or miftake, he fliall have pov/er to withold the name of fuch applicant from the penfion-Hil, and make report of the fame to Congrefs, at their next feflion. Sec. 5. And he it further enaEled^ That all Difabled non-commiflloned officers, foldiers and feamen, pcrfonsbar- difabled in the aftual fervice of the United [adons.tobc States, during the late war, whofe difability P'^"'^ °" and rate of allowance have been afcertained, ^^" ^" ' * purfuant to the regulations prefcribed by the late Congrefs, and have not applied to be placed on the penfion-lifl:, until after the time, limited by the aft of Congrefs for that pur- 1 ( ^^ ) pofe, was expired, fhall now be placed on the penfion-lift, and be entitled to demand and receive their refpefliive penfions, according to' the allowances afcertained as aforefaid, any thing in this act, or any ad of the late Con- grefs, to the contrary, notwithftanding. Transfer, Sec. 6. Jfid be it further enaded. That from &c.of pen- and after thepaffing of this act, no fale, tranf- duJ'notvr ^^^ ^^ mortgage of the whole or any part of iid,'& how the penfion or arrearages of penfion, payable paid to at- |.Q g^j^y non-commiflioned officer, foldier or feaman, before the fame fliail become due, fhall be valid. And every perfon, claiming fuch penfion or arrears of penfion, or any part thereof, under power of attorney or fubftitu- tion, fhall, before the fame is paid, make oath or affirmation before fome juftice of the peace of the place where the fame is payable, that fuch power or fubftitution is not given by reafon of any transfer of fuch penfion, or arrears of penfion, and any perfon, who fliall fwear or affirm falfely in the premifes, and be thereof convided, fhall fuffer, as for wilful and corrupt perjury. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice-Preftdent of the United States, and Prefident of the Senate, Approved, March the twenty-third, 1792. G°: WASHINGTON, Prefident of the United States, ( 6; ) CHAPTER XII. An ACT providing for the Jtttkmcnt of the Claims oj Per- fons under particular circiwijlances barred by the limi- talions heretofore ejlablijhed. Sec. I. TJ E it enacted by the Senate and Houfe .. . . X) of Reprcfcntatives of the United States of chimUy of America, in Congrefs affembkd^ That the opera- "rtain re- tion of the refolutions of the late Congrefs of fufpe°ded the United States, pafled on the fecond day of for 2 years; November, one thoufand feven hundred and eighty-five, and the twenty -third day of July, one thoufand feven hundred and eighty-feven, fo far as they have barred, or may be conftrued to bar the claims of any officer, foldier, arti- ficer, 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 deparcment, fliall from and after the paffing of this aft, be fufpended, for and du- ring the term of two years. And that every fuch officer, foldier, artificer, failor and ma- rine having claims for fervices rendered to the United States, in the military or naval depart- ments, who fliall exhibit the fame, for Hquidati- on, at the Treafury of the ITnited States, at any time during the faid term of two years, ihall be entitled to an adjuftment, and allowance thereof on the fame principles, as if the fame had been ^^^, ^^ exhibited, within the term prefcribed by the tend to aforefaid refolutions of Congrefs: Provided, ^^^'!^^ ^^"^ riM , . , • n II 1 n 1 rations &.C. inat nothing herem Ihall be conltrued to ex- tend to claims for rations or fubfiflance money. Sec. 2. And be it further cnaded. That no Jj''^^^'''^'^J'' balances hereafter to be certified, as due from the J ii?namc United States, fhall be regiftered in any other ^^ "•■'g'"=»i name, than that of the original claimant, or of '^j^r^'"'' his heirs, executors or adminiitrators ; and fuch balances (hall be transferable only at the Trea- fury, by virtue of powers actually executed after ( 68 ) fuch regiftry, expreffing the fum to be trans- ferred, and in purfuance of fuch general rules, as have been, or fhall be prefer ibed for that purpofe. JONATHAN TRUMBULL, Speaker of the Hovfe of Reprefentatives. JOHN ADAMS, Vice- Prefident of the United States, and Preffdent of the Senate. Approved, March the twenty feventh, 1792. G°: WASHINGTON, Prefident of the United States. , 3, , CHAPTER XIII. An ACT for the relief of certain Widorvs, Orphans, Inva- lids-^ctnd other Perfons. Comptrol- Sec. I. X) E ^'^ enaftcd by the Senate and Houfe •uft^'the'^ -t3 of Reprefentatives of the Vmtcd iiaims of States of America in Congrefs affemhled., Thar 1 he ^"^'"a'd'" Comptroller of the Trealury adjull the claims of prphans. the widows and orphans refpcclively, as the cafe may be, of the late colonel Owen Roberts, cap- tain William White, lieutenant colonel Bernard Elliott, major Samuel Wife, major Benjamin Huger, lieutenant John Bufh,and major Charles Motte, deceafed, all of whom were killed or died in the fervice of the United States, for the feven fpryyears, years halF-pay ftipulated by the refolve of Ccn- haif-pay, ^^.^^g ^^ ^^ twcnty-fourth day of Augufi, one thou fan d feven hundred and eighty ; and that the Regiflier oftheTreafury do iiTue his certifi- cates accordingly. Sec. 2. And be it further enaded. That the Se- Timotliy cretaryof thedepartmentof warbe,and be hereby Abel Tur- IS required to place on the invalid Hfl, 1 imothy rcy placed Mix, difablcd in the late war, by the lofs of his ou penfion ^jgj^j hand, whilc in the fervice of the United States, at the rate of five dollars per month, to commence on the fourth day of February one thoufand feven hundred and eighty-three. That ( 69 ) the fald Secretary place on the invalid lift, Abel Turney, mariner, difabled while in the lervice of the United States, at the rate of one dollar per month, to commence on the firil day of Ja- nuary, one thoufand feven hmidred and eighty- one. Sec. 3. A?id be it further omcled^ That the ar- rears of the faid penfions be paid as the laws dired in fimilar cafes. Sec. 4. And he it further enaSied, That the Comptroller of the Treafury be, and he hereby ler'wadjuft is required to adjult the accounts of Jofeph '^^ account Pannil a lieutenant-colonel in the fervice of the "'anmh^ United States, as a deranged officer upon the principles of the act of the late Congrefs, of the third of Odober one thoufand ^evQv. hundred and eighty, and to allow him the ufual com- mutation of the half-pay for life of a lieuten- ant-colonel, and that the Regifter of the Trea- fury be, and he hereby is required to grant a certificate for the amount of the balance due to him. That the Comptroller adjuft the account ^f j,,,_. j^^^ of the late brigadier general De Haas, admit- Brig. Gea ting 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 officers who have received the fame for the public fervice, and that the faid Regifter do grant a certificate for the balance due on fuch fettlement. That the faid Comptroller adjuft the account of Thomas M'Intire, a captain in the fervice of the United States, during the M'lntirc. late war, and allow him the ufual commutation of the half-pay for life of a captain, and that andRegid- the faid Regifter grant a certificate for the certScato! amount thereof accordingly. De Haas. ( 70 ) Sec. 5. And he it further enadcd. That the lertoadjufi Comptroller of the Treafury be, and he hereby i^'^^^onvx jg required to adjufl the account of Francis Su- Suzor De- zor Dcbevere, a furgeon's mate in the fervice fcevcre. 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, and he hereby is reo^uired to grant a certificate for the amount which Hiall be found due for the fervices of the faid Francis Suzor Debevere. That the faid Comptroller adjufl the account RoV Kixi^ of Robert King, as a lieutenant, deranged upon " the principles of the acl of the late Congrefs, palled the twenty-fourth day of November, one ihoufand feven hundred and feventy-eight, and that the faid Regifter grant a certificate accord- ingly. That the Comptroller adjufl the ac- Lcmuei count of LemucI Sherman, as a failing mafter Sherman, of E galley on Lake Champlain, and as fuch and Re ipeedily as may be out of the coins which Ihall have been made of the bulHon for which the monies fo furniflied ihall have been exchanged ; and the the half p-r faid dedudllon of one half per cent (liall confti- cmttocoul tute a fund towards defraying the expenfes of f^nd'^^.^* the faid mint. Sec. 15. And be it further ehadcd. That the order of bullion which fhall be brought as aforefaid to <^t^|'^enng the mint to be coined, fhall be coined, ?nd the perrons'* equivalent thereof in coins rendered, if de- ["i'lgiiig manded, in the order in which the faid bullion penaky on fhall have been brought or delivered, giving giving un- priority according to priority of delivery only, r"ucrr£J"c. and without preference to any perfon or per- perfons ; and if any preference lliall be given contrary to the diretuioh aforefaid, the officer by whom fuch undue preference fnall be given, (hall 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 fliall at any time be given, the aflayer or officer to whom the faid bullion Ihall be delivered to be coined, Ihall give to the perfon or perfons bringing the fame, a memo- randum in writing under his hand, denoting the weight, finenefs and value thereof, toge- ther with the day and order of its deUvery into the mint. Sec. 16. And be it further enafted. That all coJns made the gold andfilver coins which fliall have been » i^^vfui ftruck at, and ifiued from the faid mint, fliail ^^'^^'^'' be a lawful tender in all payments whatfoever, thofe of full weight according to the refpeftive values herein before declared, and thofe of lefs than full weight at values proportional to their refpedive weights. Sec. 17. And he it further ena5led^ That it fhall be the duty of the refpcdive officers of ( So ) and to be the faid mint, carefully and faithfully to ufe made con- their bcft cndeavours that all the gold and SrftiU- Silver coins which fliall be (truck at the faid ard weights mint ftiall be, as nearly as may be, conforma- ^^' ble to the feveral ftandards and weights afore- faid, and that the copper whereof the cents and half cents aforefaid may be compofed, fliall be of good quality. The Trca- Scc. 1 8. And the better to fecure a due con- furer to re- formity of the faid gold and filver coins to their [JjT^jIj^jJ'' refpedive ftandards. Be it further ena^ed. That pieces of from cvcry feparate mafs of ftandard gold or each coin ([[y^j. ^v^jch Ihall be made into coins at the to DC ali«iy- ed . faid mint, there fhall be taken, fet apart by the Treafurer and referved in his cuftody a certain number of pieces, not lefs than three, and that once in every year the pieces fo fet apart and referved, fliall be affayed under the infpection when and of the Chief Juftice of the United Stales, the by^ whom, Secretary and Comptroller of the Treafury, 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 infpeclion of any three of them, in fuch manner as they or a majority of them fnall dired, and in the prefence of the diretlor, affayer and chief coiner of the faid mint ; and if it (l:iall be found that the gold and filver fo aiTayed, fliall not be inferior to their re- fpedive ftandards herein before declared more than one part in one hundred and forty four parts, the officer or officers of„the faid mint whom it may concern fliail be held excufable ; but if any greater inferiority fhall appear, it fhall be certified to the Prefident of the United States, and the faid ofHcer or officers fliall be deemed difqualified to hold their refpeclive offices. ( 8' ) Sec. 19. And be it further enabled. That if penaUy on any of the gold or filver coins which fliall be debafmg ftruck or coined at the faid mint fhall be debafed or made worfe as to the proportion of fine gold or fine filver therein contained, or fhall be of lefs weight or value than the fame ought to be purfu- ant to the directions of this a6l, through the de- fault or with the connivance of any of the officers or perfons who fhall be employed at the faid mint, for the purpofe of profit or gain, or otherv/ife with a fraudulent intent, and if any of the faid officers or perfons fhall embezzle any of the me- tals which fhall at any time be committed to their charge for the purpofe of being coined, or any of the coins which fliall be flruck or coined at the faid mint, every fuch officer or perfon who fliall commit any or either of the faid offences, fliall be deemed guilty of felony, and fliall fuffer death. Sec. 20. And be it further enaSfed^ That the Money of money of account of the United States fhall be account to expreffed in dollars or units, difmes or tenths, ^^^^ ^-^^^a- cents or hundredths, and milles or thoufandths, krs, &c, 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 Repreftntatives. JOHN ADAMS, Vice- Prefidcnt of the United States and Prefident of the Senate. Approved, April the fecond, 1792. G^ WASHINGTON, Prefident oj the United States, ( 82 ) CHAPTER XVII. An ACT fuppkmentary to the a6l for the ejtablijhment and Jupport of Light-houjes , Beacons, Buoys, and Public Piers, Ex encesof '^^^' ^* J\^^ it enadecl by the Seriate and Houfe of beacons &c Reprefeutatives of the United States of *°n ^ir"^ y^/7z^r/V^ in Congrefs ajjembled. That all expenfes J793'" ^ which fhall accrue from the firfl day of July next, inclufively, for the neceiTary fupporr, mainte- nance, and repairs of all Hght-houfes, beacons, buoys, the ftakeage of channels,on the fea coaft, and public piers, fhall continue to be defrayed by the United States, until the iirft day of July, in the year one thoufand feven hundred and ninety-three, notwithftandingfuch light-houfes, beacons, or public piers, with the lands and tenements thereunto belonging, and the jurif- diftion of the fame, (hall not in the mean time be ceded to, or vefted in the United States, by the ftate or ftates refpeftively, in which the fame may be, and that the faid time be further allowed, to the ftates refpedively to make fuch ceffion. Sec. 2. And be it further ena&ed. That the beSons^to Secretary of the Treafury be authorized to be placed at caufe to bc provided, ereOied, and placed, a hibor^^nd floating beacon, and as many buoys, as may chefapeak be necefTary for the fecurity of navigation, at, ^^"f- and near the entrance of the harbor of Charlef- ton, in the ftate of South-Carolina. And alfo to have affixed three floating beacons in the bay of Chefapeak ; one at the north end of WiU loughby's Spit, another at the tail of the Horfe- Shoe ; and the third on the ftioaleft place of the middle ground. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefeutatives, JOHN ADAMS, Vice- Pre ftdent of the United States, and Prefident of the Senate. Approved, April twelfth, 1792. G°: WASHINGTON, Prefident of the United States. ( 8,5 ) CHAPTER XVIII. An ACT to ered a Light-houj'c on Montok point m the flatc of New-York. B E // enacted by the Senate andHoufe of Repre- j_ j J,^I,o^f fentatives of the United States of America, in on certain Congrefs affemhlcd. That as foon as the jurifdic- to'jfjtu'if tion of fuch land on Montok point in the flate on Moutok of New York as the Prefident of the United P"'"'^,'^ States fliall deem fufficient and mod proper for the convenience and accommodation of a light houfe fliall have been ceded to the United States it fhall be the duty of the Secretary of the Treafury, to provide by contraft which fhall be approved by the Prefident of the United States, for building a light houfe thereon, and for furnifliing the fame with all neceffary fup- plies, and alfo to agree for the falarics or wa- ges of the perfon or perfons who may be ap- pointed by the Prefident for the fuperintend- ance and care of the fame ; and the Prefident is hereby authorized to make the faid appoint- ments. That the number and difpofition of the lights in the faid light houfe fhall be fuch as may tend to didinguifh it from others, and a3 far as is practicable, prevent miftakes. JONATHAN TRUMBULL, Speaker of tin Houjt of Reprefcntative^. JOHN ADAMS, Vice- Prefident of the United States, and Prefi(Unt of the Senate. Approved, April twelfth, 1792. G°: WASHINGTON, Prefident of the United States, CHAPTER XIX. An ACT for afcertaining the Bounds of a Traci of Land purchafed by John Cleves Symmes. BE // enaBed by the Senate and Hoife of Reprefentatives of the United States of America^ in Congrefs affembkd. That the Pre- ( 84 ) Bounds of ^i^^'^^ °^ *^^ United States be and he here. Tohn c by is authorized at the requefl: of John Cleves ^^"'w' f Synimes or his agent or agents, to alter the und : contrad made between the late board of trea- fury and the faid John Cleves Symmes for the fale of a trad of land of one million of acres, in fuch manner that the faid trad may extend from the mouth of the Great Miami, to the mouth of the Little Miami, and be bounded by the river Ohio, on the fouth, by the Great Mi- ami on the weft, by the Little Miami on the eaft, and by a parallel of latitude on the north extending from the Great Miami to the Little Miami, fo as to comprehend the propofed quan- tity of one million of acres, provided that the northern limits of the faid trad fhall not inter- fere with the boundary line eftabliflied by the treaty of fort Harmar,between theUnitedStates, rvation ^^^ ^^^ Indian nations, and provided alfo that of lands at the Prefident referve to the United States, fuch Wafliing- lantjs at and near fort Wafhington as he may think neceflary for the accommodation of a gar- rifon at that fort. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. JOHN ADAMS, Vice- Prefident of the United States, and Prefident of the SenrUe. Approved, April twelfth, 1792. G°: WASHINGTON, Prefident of the United States. CHAPTER XX. An aElforfxing the Compenfations of the Doorkeepers of the Senate and Houje of Reprefentatives in Cpngrefs. Fl E it enabled by the Senate and Houfe of Re- '- prefentatives of the United States of ^America, in Congrefs affcmhkd^ That from and after the termination of the prefent fefTion of Congrefs, the doorkeepers of the Senate and Houfe of ( 85 ) Reprefentatives, fhall each be allowed a falary salary of of five hundred dollars per annum, in full com- *^"o'' '''^'=p* penfation for their fervices in the laid ofiices ; gref" after and that the alliftant doorkeeper to each Houfe prctent fef> Ihall be allowed in full compenfation for all his fervices, the fum of lour hundred and fifty dollars per annum. And it fliall be the duty of the faid doorkeepers to do the ufual fervi- ces pertaining to their refpective offices during thefefiion of Congrefs, and in the recefs, under the direction of the Secretary of the Senate and Clerk of the Houfe of Reprefentatives, to take care of the apartments occupied by the refpeclive Houfes, and provide fuel and other accomodations for their fubfequent fefiion. And the faid compenfations ihall 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, Sp-'.aker of ths Houfe of Rcprefentahves. JOHN ADAMS, Vice- Prefdevt of the United States, and Prejident of the Senate, Approved, April twelfth, 1792. G°: WASHINGTON, Prefident of the United States. CHAPTER XXI. An ACT for altering the times of holding the Circuit Courts^ in certain difriCls of the United States, and for other purpofes. Sec. I . T^E // enacted by the Senate and Houfe ofReprefcntaii-ves of the United States cf America, in Congrefs affembled. That from and ^-^^^^ f^^ after the paffing of this act the circuit courts holding cir- in the diltricts of North Carolina and Georgia [^''^^J^'^'' ihall be held as follovvs to wit : in the diilrid diAri^is al- of North-Carolina on the firfl day of June and '^f^^- the thirtieth dav of November at Newbcrn in ( 86 ) the prefent and each fucceeding year. And all writs and recognizances returnable and fuits and other proceedings that were continued to the circuit court for the diHricl of North-Caro- lina on the eighteenth day of June next fhall now be returned and held continued to the fame court on the firft: day of June next. In the diftrift of Georgia on the twenty-fifth day 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 fhall happen on a Sunday in which cafe the court fhall be held on the Monday following. When fef- ^^^' ^' ^^^ ^^ ^^ further ejiaded. That the Cons or the fcffions of the circuit courts in the eaftern circuit ^'!^'^'" *^"' ^^^^ in the prefent and every fucceeding year CUlt li)uli I* P11* 1* r commence, commence at the tmies roUowmg, that is to lay, in New-York diftrid on the fifth day of April and the fifth day of September. In Connedlicutt diftri£t on the twenty-fifth day of April and the twenty-fifth day of September. In Maflachufetts diflrid on the twelfth day of May and the twelfth day of Odlober. In New-Hampfliire di- flrict on the twenty-fourth day of May and the twenty-fourth day of 06lober and in Rhode- Ifland diftrift on the feventh day of June and the feventh day of November except when any of thofe days fhall happen on a Sunday and then the feffions fliall commence on the next day following. And the feffions of the circuit court fhall be held in the diftrid of Virginia at the city of Richmond only. In New-Hampfhire diftridl at Portfmouth and Exeter alternately, beginning at the firft. In Maifachufetts diftridt at Bofuon. In Rhode-Ifland diftrid at New-Port and Providence alternately beginning at the firft. In Connefticutt diflrift at Hartford and New- Haven alternately, beginning at the laft. And in New-York diitrid at the city of New- York only. ( 87 ) Sec. 3. And be it enaBed^ That at each feflion judges of ofthefupreme court of the United States or as ^"F""- <^«"J.' foon after as may be, the judges of the fupreme %^^\q de- court attending at fuch feflion Ihall in writing tenninc the fubfcribed with their names (which writing (hall 3|'^*'"|.'f"^p: be lodged with the clerk of the fupreme court tively »oat- and fafely kept in his office) aflign to the faid tend, &c. judges refpeclively the circuits which they are to attend at the eiifuing feflions of the circuit courts ; which affignment fhall be made in fuch ma-nner that no judge, unlefs by his own con- fent (Iiall have affigned to him any circuit which he hath already attended until the fame hath been afterwards attended by every other of the faid judges. Provided always^ That if the pub- lic fcrvice or the convenience of the judges Ihall at any time, in their opinion, require a difi'er- ent arrangement, the fame may take place with the confent of any four of the judges of the fupreme court. Sec. 4. And he it further enad.cd^ That the jj^j^^^^ ^j. diftrift court for the diftrict of Maine, which, Maine dif- by the a6t, intituled " An acl to eitablifh the 'f'^' judicial courts of the United States," is hol- den on the firft Tuefday of June, annually, at Portland, (hall, from and after the paffing of this a£t, be holden on the third Tuefday of June, annually, any thing in the aft aforefaid to the contrary notwithflanding : and all writs and recognizances returnable, and fuits and other proceedings, that were continued to the diftrift court for the diilricl of Maine on the firfl Tuefday of June next, fliall now be return- able and held continued to the fame court, on the third Tuefday of June next. Sec. 5. And he it further enaded. That the and of N. dated diftrict courts for the didrift of North- Carolina, Carolina, fhall in future, be held at the towns '^'^'^^' of Ncwbern, Wilmington and Edenton in rota- ( 88 ) tion, beginning at Newbern, as the faid court now Hands adjourned. JONATHAN TRUMBULL, Sptaker of the Houfe of Reprefentatives. JOHN ADAMS, Vke-Prejideni of the Uni- ted Stales, and Prefident oj the Senate. Approved, April thirteenth,' 1792. G^ WASHINGTON, Prefident of the United States. CHAPTER XXII. An ACT to compenfate the Corporation of Trujiees of the Public Grammar-School and Academy of Wilmington in the State of Delaware, for the occupation of, and damages done to thefaid School, during the late war. B E it enacted by the Senate and Houfe of Re- prefentatives of the United States of America Compenfa- ^^ Cougrcfs affcmbled. That as an indemnification tionaiiow'd to the corporation of Truftees of the pubHc Wilming- arammar-fchooi and academy of Wilmington in mj/" " the (late of Delaware, for the ufe and occupa- tion of the faid fchool, and the damages done to the fame by the troops of the United States, during the late war, there be granted to th-e faid corporation of Truftees, a reafonable com- penfation, payable out of any unappropriated money in the treafury of the United States, which compenfation fliall be afcertained by the accounting officers of the treafury. JONATHAN TRUMBULL, Speaker of the Houje of Reprefentatives, JOHN ADAMS, Vice- Prefident of the United States, and Prefident of the Senate. Appkoved, April thirteenth, 1792. G^: WASHINGTON, Prefident of the United States. accoraingto lit. enu- meration. ( Sg ) CHAPTER XXin. An ACT for apportioning Reprefentatives among thefeveral States, according to thejirji enumeration, BE // enacted by the Senate and Houfe of Re- Anprrtion- prefentatives of the United States of Americ.r, mom of rc- in Congrefs affemhled. That from and after the pf^'^'"^- thirdday of March one thouland feven hundred congrefs and ninety-three, the Houfe of Reprefentatives (hall be compofed of members elected agreea- bly to a ratio of one member for every thirty- three thoufand perfons in each flate, computed according to the rule prefcribed by the Confti- tution ; that is to fay : Within the (late of New-Hampfliire, four ; within the ftate of MalTachufetts, fourteen ; within the (late of Vermont, two ; within the (late of Rhode-Illand, two ; within the ftate of Connecticut, feven ; within the Hate of New- York, ten ; within the flate of New-Jerfey, five ; within the Hate of Pennfylvania, thirteen ; within the flate of De- laware, one ; within the flate of Maryland, eight ; within the flate of Virginia, nineteen ; within the flate of Kentucky, two ; within the ftate of North-Carolina, ten ; within the llate of South-Carolina, fix ; and within the ftate of Georgia, two members. JONATHAN TRUMBULL, Speaker of the Houfe of Repnfntatives. JOHN ADAMS, Vice- Pre fident of the United States^ and Prefidentofthe Senate. Approved, April fourteenth, 1792. G°: WASHINGTON, Prefidcnt of the United States* M ( 90 )^ CHAPTER' XXIV. An ACT concerning Conusls a?^^ Vi ce-Consuls. FOR 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 refpedive Confuls and Vice Confuls ; Duty of ^^^' ^' -^^ ^^ enabled by the Senate and Confuls & Houfe of Reprefentatives of the United States did. Judges r America in Convrefs aljembled. That where wrecks. m the leventh aj-ticle ot the laid convention, it is agreed that when there fliall be no con- ful or vice conful of the King of the French, to attend to the faving of the* wreck of any French veflels flranded on the coafls of the United States, or that the refidence of the faid conful, or vice conful (he not being at the place of the wreck) ihall be more diflant from the faid place than that of the competent judge of the country, the latter fhall immediately pro- ceed to perform the office therein prefcribed ; the diftrift judge of the United States of the di- ilrid in which the wreck ihall happen, Inall proceed therein, according to the tenor of the laid article. And in fuch cafes it fhall be the duty of the officers of the cuftoms within whofe diftricls fuch v/recks ihall happen, to give notice thereof, as foon as may be, to the laid judge, and to aid and affift him to perform the duties hereby affigned to him. The diflrict judges of the United States ffiall alfo, within their re- fpedive diflricts be the competent judges, for the purpofes expreiTcd in the ninth article of the faid convention, and it fhall be incumbent on them to give aid to the confuls and vice con- fuls of the King of the French, in arrefting and fecuiing deferters from veffels of the French nation according to the tenor of the faid article. iC 91 ) And where by any article of the faid Con- ^"ty "f vention, the confuls and vice confuls of the King of the French, are entitled to the aid of the competent executive officers of the country, in the execution of any precept, the marlhals of the United States, and their deputies, fliall, within their refpeflive diflricls be the compe- tent officers, and fhall give their aid according to the tenor of the flipulations. And whenever commitments to the jails of T^,.„e the country fliall become neceffary in purfu- commit- ance of any ftipulation of the faid Convention, f'*^"^^/"'"^ they ihall be to fuch jails within the refpeQive diltricls as other commitments under the au- thority of the vity, from fuffering in foreign ports, it ffiall 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 of the United States, fubjeft to fuch inltruftions as the Secretary of State fhall give, and not State ; ( 95 ) exceeding an allowance of twelve cents to a man per diem ; and all mailers and commanders 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 ma- riners or leamen on board of their fliips or vef- fels, at the requefl: of the faid confuls or vice confuls refpedively, and to tranfport them to the port, in the United States to which fuch fhips or veffels may be bound free of cofts or charge ; but that the faid mariners or feamen fhall, if able, be bound to do duty on board fuch fliips or veffels according to their feveral abilities : Provided, That no mailer or captain of any (hip or vefiel, fhall be obliged to take a greater number than tv/o men to every one hundred tons burthen of the faid fliip or velfel, on anyone voyage : and if any fuch captain or mailer fhall refufe the fame on the requefl or order of the conful or vice conful, fuch captain or mailer fliall forfeit and pay the fum of thirty dollars for each mariner or feaman fo rcfufed, to be recovered for the benefit of the United States by the faid conful or vice conful in his own name, in any court of competent jurif- ditlion. Sec. 8. And be it further enocled,T\'i2it\vh E it enaSted by the Senate and Houfe q„ ^^^j^ 13 of Reprefentatives of the United States ]unt ijo^-. of America in Congrefi ajembled,i:h^t from and tXc^ after lafl day of June next, the duties now in certain arti- force upon the articles hereinafter enumerated ^Jj^^ ^"JJ^J^ and defcribed, at their importation into the to be c<\- United States, fhall ceafe, and that in Heu there- |^f^f^^^^'^ of, there fliall be thenceforth laid, levied and collected upon the faid articles, at their faid im- portation, the feveral and refpedive rates or du- ties following : — viz : Wines, namely : Madeira, of the quality of s^^^^jj^^ ^^. London particular, per gallon fifty fix cents : — tics on cer- Madeira, of the quality of London market, per '^ZT'tt gallon, forty nine cents : — Other Madeira wine, da. per gallon, forty cents: — Sherry, per gallon, thirty three cents : — Saint Lucar, per gallon, thirty cents: — Lifbon, per gallon, twenty five cents : — Oporto, per gallon, twenty five cents : — Teneriffe and Fayall, per gallon twenty cents — All other wines, forty per centum ad valorem. Provided that the amount of the duty thereupon {hall, in no cafe, exceed thirty cents per gallon. Spirits, diftilled wholly or chiefly from grain : — Of the firit 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 gal- lon, 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 : — of the third clafs of proof and under per gallonj twsnty eight cents :— -of ( 102 ) Specific du- the fourth clafs of proof and under, per gal- tieson cer- Ion, thn'ty two cents : — of the fifth clafs of proof tamenume- j i ,, , • . , *^ ^ rated arti- ^J^cl Under, per gallon, thirty eight cents : — of '^^es. the fixth clafs of proof and under, per gallon, forty fix cents . Which feveral claifes or deno- minations of proof fliall be deemed and taken to correfpond with thofe mentioned in the " ad " repealing after the lad day of June next, " the duties heretofore laid upon diftilled fpirits " imported from abroad, and laying others in " their ftead, and alfo upon fpirits diftilled " within the United States, and for appropria- " ting the fame." 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 five cents : — (lioes and flippers of filk, twenty cents : — ^ali other fhoes and flippers for men and wo- men, clogs and goloflioes, ten cents : all other fhoes and flippers 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 cord- age and yarn, for every one hundred and twelve pounds, two hundred and twenty five cents : — on twine and packthread, for every one hun- dred and twelve pounds, four hundred cents : — on coal, per bufliel, four and a half cents : — on fahs called Glauber-falts, for every one hun- dred and tv/elve pounds, two hundred cents. Articles ad valorem :— China wares, looking glafs, window and other glafs and all manufadures of glafs, black quart bottles ex- cepted ; muflcets, piftols, and other fire arms ; fwords; cutlaffes, hangers and other fide arms j ( 103 ) ftarch; hair powder; wafers; glue; laces, lines, specific du- fringes, taflels, and trimmings commonly ufed 'j^^^ °" "'^- by upholfterers, coachmakers and laddlers, and ratcd""arti' paper hangings ; painters colors, whether dry «^'es. or ground in oil, — fifteen per centum ad valo- rem, — caftjflit and rolled iron, and generally, all manufadtures of iron, fteel, tin, pewter, copper, brafs, or of which either of thefe metals is the article of chief value, not being otherwife par- ticularly enumerated, brafs and iron wire ex- cepted; cabinet wares; leather tanned and tawed, and all manufactures of leather, or of which lea- ther is the article of chief value, not otherwife particularly enumerated ; medicinal drugs, ex- cept thofe commonly ufed in dying ; hats, caps and bonnets of every fort ; gloves and mittens ; (lockings ; milinery ready made ; artificial flow- ers, feathers and other ornaments for womens head drefles ; fans ; dolls drefled and undreffed ; toys ; buttons of every kind ; carpets and car- peting, mats and floor cloths; fail cloth ; (heath- ing and cartridge paper ; all powders, partes, balls, balfams, ointments, oils, waters, waflies, tindlures, eflences,or other preparations or com- pofitions commonly called fweet fcents, odors, perfumes or cofmetics ; all dentifrice-powders, tindures, preparations, or compofitions what- foever for the teeth or gums, — ten per centum ad valorem. Sec. 2. Provided always^ and be it further Exemwion enaded,T'\\2i\. all articles which are excepted and of articles exempted from duty by the " ad making far- J^ "^'^^^^. ther provifion for the payment of the debts of nued/°" '" the United States," fhall continue to be fo ex- cepted and exempted, and that, to the articles heretofore made free from duty, the following Ihall be added, namely, copper in pigs and bars, lapis calaminaris, unmanufactured wool, wood, fulphur. ( 104 ) Duty on fait Scc. 3. And be it furtJjcr cnaded, T\[2itixon\ after .rth ^nd aftci" the lall day of June next, in com- Junehowto . , , , ^ 1 • , r i , ri , be coiiec putmg the duty heretotore laid upon fait, a bulhel ted; and of fait fliall be deemed not to exceed the weight of fifty fix pounds avoirdupois : and as often as the aftual bufhel of fait fhall exceed the faid weight, fuch fak fliali be charged in the propor- tion of the prefent rate of duty per bulhel for every fifty fix pounds of its a6lual weight. on goods Sec. 4. And he it further enaded. That after raTcdbTh's ^^^ ^^^^ ^^^ ^^y of June next, there fhall be laid, adt. " levied and coliecled, in addition to the prefent duty thereupon, a duty of two and an half per centum ad valorem, upon all goodsj wares and merchandizes, not above enumerated or defcri- bed, which, if imported in fhips or veffels of the United States, are now chargeable with a duty of five per centum ad valorem. Certain ad- Scc. 5. And be it further enacted^ That the ditionai du- addition of ten per centum made by the fecond cem. co°nt^- fc^ion of the " aft making farther provifion for nued. the debts of the United States," to the rates of duties on goods, wares and merchandize, im- ported in lliips or veffels not of the United States, fhall continue in full force and opera- tion, after the faid laft day of June next, in re- lation to the articles herein before enumerated and defcribed. Drawbacks ^^^* ^' ^^^ ^^ '^ further enacled. That all not already drawbacks and allowances authorized by the aboiinied, ^Q. aforefaid, which have not been heretofore aboliflied or changed, fhall continue to operate, as in the faid ad prefcribed in relation to the fe- veral duties which fhall become payable by vir- tue of this act, and that in addition thereto, there fhall be allowed and paid upon provifions falted within the United States, except upon dried fifh, upon the exportation thereof to any foreign port or place, as follows, to wit : On ( I05 ) pickled fifti, at the rate of eight cents per barrel, and on other provifions at the rate of five cents per barrel ; and from and after the firit day ^^^ ^^^^^^ of January next, there Ihall be an addition of edprovifi-' twenty per centum to the allowances, refpeclive- "J^"?."''" ly granted to fhips or velTels employed in the ancetovef- bank or other cod-fillieries, and in the terms ^'-^'^ employ. provided by an a6l, intituled " An acl concern- fifherL. ing certain filheries of the United States, and for the regulation and government of the filh- ermen employed therein," and during the con- tinuance of the faid act. Sec. 7. And be it further enacied^ That all j^^^j^^ duties, drawbacks and allowances, which, by drawbaci;*, virtue of this ad, (hall be payable or allowable f'-^^^PP^y on any Ipecmc quantity or goods, wares and tity. merchandize, fliall be deemed to apply, in pro- portion, to any quantity more or iefs than fuch fpecific quantity. Sec. 8. And he it further enaSied^ That the Terms of term of credit for the payment of duties on fait credit for fhall be nine months, and on all articles, the JX*?'' °' produce of the Weft-Indies, fait excepted, where the amount of the duty to be paid by one perfon or co-partner(hip fhall exceed fifty dollars, (liall be four months, and that the du- ties on all other articles, except wines and teas, which fliall be imported after the laft day of June next, fliall be payable, one half in fix, one quarter in nine, and the other quarter in twelve calendar months from the time of each refpec- tive importation. Sec. 9. And be it further enacled. That the Certain aa» afl: intituled, " An act to provide more effe6tu- fJl^'jf^ j" ally for the collection of duties impofedbylaw duties fpe- on goods, wares and merchandize imported J^J'^^^'"''^'' into the United States, and on the tonnage of ^^ " Ihips and veffels," and as touching the duties O ( io6 ) on diflilled fplrits only, the a6l, Intituled, " An aft repealing, after the lail day of June next, the duties heretofore laid upon diftilled fpirits imported from abroad and laying others in their Head ; and alfo upon fpirits diftilled with- in the United States, and for appropriating the fame," fliall extend to, and be in full force for the colledion of the duties fpecified and laid in and by this ad:, and generally for the execu- tion thereof, as fully and effedually, as if every regulation, reftridion, penalty, provifion, claufe, matter and thing therein contained had been herein inferted and re-enaded. Wines I'm- Sec. lo. And be it further cnaBed^ That all ported aft-r •^^ines, which, after the faid laft day of June how laSed J^^ext, ftiall be imported into the United States, fhall be landed under the care of the infpeftor of the port where the fame fhall be landed, and for that purpofe, every permit for landing any wdnes, which fhall be granted by a colledor, fhall, prior to fuch landing, be produced to the faid infpeftor who, by endorfement thereupon under his hand, fhall fignify the produftion 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 Duty of m- ^^^^ infpeftor fiiall make an entry of all fuch fpedtor. permits, and of the contents thereof, and each pipe, butt, hogfhead, caili, cafe, box or package whatfoever, containing fuch wines, fliall be marked by the officer under whofe immediate infpediion the fame fhall be landed, in legible and durable characters, with progrefTive num- bers, the name of the faid officer, and the qua- lity or kind of wine, as herein before enume- rated and diftinguifhed. And the faid officer fhall grant a certificate for each fuch pipe, butt hogfliead, cafl-:, cafe, box or package, fpecifying therein the name or uanies of the importer or ( I07 ) importers, the fhip or vefiel in which the fame fhall have been imported, and the number there- of, to accompany the fame wherefoever it fliall be fent. And if any pipe, butt, hogfhead, caik, cafe, box or package, containing wine, fliall be found without fuch marks and certificates, the fame Ihall be liable to be feized, and the want of fuch marks and certificates fliall be prefump- tive evidence, that fuch wine was unlawfully imported and landed. Sec. 1 1. And be it further enacted, That eve- p^^.^.^^^ ry perfon, who fliall have in his or her pofleflion, having ccr, wines which are intended for fale, in quantity ^^''^Y^\nt% exceeding one hundred and fifty gallons, fliall, fo/faic'af- prior to the faid lad day of June next, make en- '''^ ^^^^ try thereof in writing at fome office of infpec- to""^ niaiseen- tion in the city, town, or county where he or try thereof, fhe fliall refide, fpecifying and defcribing the '^' calks, cafes, boxes^and other packages contain- ing the fame, and the kinds, qualities and quan- tities thereof, and where, and in whofe poflTef- fion they are ; and the oflicer of infpedion at whofe office fuch entry may be made, fPiall, as foon as may be thereafter, vifit and infpecl, or caufe to be vifited and infpecled, the wines fo reported, and fliall mark, or caufe to be mark- ed, the cafl^s, cafes, boxes and packages con- taining the fame, with progreffive numbers, with the name of the perfon to whom the fame may belong, the kind or kinds thereof, and the words " Old Stock," and fhall grant a certificate for each calk, cafe, box or package, containing fuch wine, defcribing therein the faid cafl^, cafe, box or package, and the wines therein contained, which certificate fliall accompany the fame, wherever it may be fent. And if any perfon who may have wines in his or her poifeflion for fale, fliall not, prior to the laid lafc day of June next, make entry thereofj as above directed, ( io8 ) he or fhe, for fuch omifficn or negle£l, fliall forfeit and pay the value of the wine omitted to be entered, to be recovered with coils of fuit, for the benefit of any perfon who fhall give in- formation thereof, and the wines fo omitted to be entered, fliall be forfeited. How beer, Sec. 12. jind be if further cnaclcd, Th^t hom brou^hJVr and after the lad day of December next, no to u5:'tates. beer, ale or porter fliail be brought into the United States, from any foreign port or place, except in cafes orveifels, the capacity whereof iliall 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 faid beer, ale or porter, and of the fhip or veffel, in which the fame fhall be brought. Sec. 13. And be it further enndedj Tliat the Sis'd how ^'^^^r^l ^^•^'^ refpective duties aforefaid, except long to be that mentioned in the fourth feclion of this acl, coiieaed. ^-j^ij continue 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 fatisfied; and that fo much thereof, as may be neceffary, fliall be, and are hereby pledged and appropri- ated, in the fame manner, for the fame purpo- fes, and with the fame force and eftecl, as thofe, which are hereby direded to ceafe after the faid lafl day of June next, and that fo much of the refidue thereof, as may b^ neceffary, fliall be, ajid are hereby appropriated for making good deficiencies in any funds, which may have been defignated for fatisfying grants and appropria- tions heretofore made. . Sec. 14. And be it further enaBed, That the of""nU'io- additional duty of two and an half per centum i«m ouucs ^^ valorem, fpecified in the fourth fedion of ( 109 ) this aa, ihall continue for the term of two years, J/^'feaion from the commencement thereof, and no longer. Sec. 15. And he it further cna^ed^ That the ^p^P'^^J;*; fum of one hundred and fifty thoufand dollars, ^^^ duties out of the furplus of the duties, which accrued 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 eflablifhed as the fame fhall accrue, mak- king together the fum of fix hundred and fe- venty-three thoufand five hundred dollars, fliall be, and are hqreby appropriated and applied, in addition to any former appropriation for the military eflablifhment of the United States, towards carrying into execution the a£tj inti- tuled, " An a£t for making farther and more effeclual provilion for the protection of the fron- tiers of the United States." Sec. 16. And be it further enaSied, That the Prefident of Prefident of the United States be empowered u- state, to to take on loan, on account 01 the United btates, ban from from the prefident, directors and company of ti^e bank, the bank of the United vStates, who are hereby fum of mo- authorized and empowered to lend the 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 afore- faid fum of five hundred and twenty-three thoufand five hundred dollars, to be applied to tue purpofe, to and for which the fame is above appropriated, and to be reimburfed out of the aforefaid furplus of the duties by this act im- pofed, which furplus is, accordingly, appro- priated to the faid reimburfement. Provided, That the rate of interefl of fuch loan fliall not exceed five per centum per annum, and that the principal thereof may be reimburfed at the pleafure of the United States. ( no ) Rate of n. Sec. 17. And be it further ena6led^ That fo 7p~ much of the aft, intituled « An ad to provide skered. morc cffcclually for the colledion of duties im- pofed by law on goods, wares and merchandize imported into the United States, and on the ton- nage of fliips or veffels," as hath rated the Hvre tournois of France at eighteen and an half cents, be and the fame is hereby repealed. Mode tf Sec. 18. And be it enacted and declared ^Th.2it procedure if the principal, in any bond which fhall be given infokency ^0 the United States, for duties on goods, wares, of principal and merchandize imported, (liall be infolvent, ic. "" *' o^ i^ f^ch principal being dead, his or her eftate and effefts, which lliall have come to the hands of his or her executors or adminiftrators, fliall be infufficient for the payment of his or her debts, and if, in either of the faid cafes, any fure- ty in the faid bond, or the executors and admi- niftrators of fuch furety, (liall pay to the United States the monies tliereupon due, fuch furety, his or her executors or adminiftrators ftiall have and enjoy the like advantage, priority and preference, for the recovery and receipt of the faid monies out of the eftate and efFeds of fuch infolvent or deceafed principal, as are referved and fecured to the United States, by the forty fourth fedion of the aft, intituled " An act to provide more effedually for the colledlion of du- ties "Impofed by law on goods, wares, and mer- " chandize imported into the United States, " and on the tonnage of fiiips or veflel^," and fhall and 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 fliall have been paid there- upon. And it is further decIared,Th:it the cafes of infolvency in the faid forty fourth fedion men- tioned, fliall be deemed to extend,as well to cafes in which a debtor, not having fufficient pro- ( III ) perty to pay all his or her debts, fliall have made a voluntary aflignment thereof, for the benefit of his or her creditors, or in which the eftate and elfetls of an abfconding, concealed or abfent debtor fhall have been attached by procefs of law, as to cafes, in which an a6l of legal bank- ruptcy fhall have been committed. Sec. 19. And be it further enaded. That the rrefidrntof Prefident of the United States be, and hereby ';^^^^^^,^^, is authorized to appoint fuch place within the of entry and diftrid of Vermont to be the port of entry and ^'^^;';;^y" delivery within the faid diftrid, as he may deem expedient, any thing in the ad, intituled " An ad giving effed to the laws of the United States within the flate of Vermont," to the contrary notwithlfanding. JONATHAN TRUMBULL, Speaker of the Houft of Reprefentativcs. RICHARD HENRY LEE, Prefident pro tempore of the Senate. Approved, May fecond, 1792. G^: WASHINGTON, Prefident oj the United States. CHAPTER XXVIII. An ACT to provide for calling forth the MiLiTi A to exe- cute the Laws of the Union, fupprefs Infurretlions and re' ■ pel Lruajions. Sec. I. "j3 E it enabled by the Senate andHoufe Ij of Reprefentatives of theUnited States Frefidentof r /f ^^^^- n r rr 1 1 i n-u . u U. 5. how to of America in Longrefs alJembled^ Ihat when- proceed in ever the United States Ihall be invaded, or be ^afe o. m- in imminent danger of invafion from any ]l^^^^n nl- foreign nation or Indian tribe, it fhall be law- tion.,&c- ful for the Prefident of the United States, to call forth fuch number of the militia of the Itate or ftates moll convenient to the place of danger or fcene of adion, as he may judge ne- cefTary to repel fuch invafion, and to iffue his ( "2 ) orders for that purpofe, to fuch officer or offi- cers of the militia as he lliail think proper : and infurrcdion ^^ ^^^^ ^^ ^^ infurredion in any ftate, againft jgainft the the government thereof, it fliall be lawful for TanyftaTe-the Prefident of the United States, on applica- ' tion of the legiflature of fuch ftate, or of the executive (when the legiflature cannot be con- vened) to call forth fuch number of the militia of any other ftate or ftates, as may be applied for, or as he may judge fufficient to fupprefs fuch infurredion. or oppofiti- Sec. 2. And be it further enaded. That when- cxecmicn of ^^^^ ^^^ ^^^^ ^^ ^^^^ United States fliall be op- the law. of pofcd, or the execution thereof obftrucled, in u. states, j^j^y. ^2ite, by combinations too powerful to be fuppreflfed by the ordinary courfe of judicial proceedings, or by the powers vefted in the marflials by this aft, the fame being notified to the Prefident of the United States, by an aflfoci- ate juftice or the diftrid judge, it fliall be lawful for the Prefident of the United States to call forth the militia of fuch ftate to fupprefs fuch combinations, and to caufe the laws to be duly executed. And if the militia of a ftate, where fuch combinations may happen, fliall refufe, or be infufficient to fupprefs the fame. It fliall be lawful for the Prefident, if the Legiflature of the United States be not in fefiion, to call forth and employ fuch numbers of the militia of any other ftate or ftates moft convenient thereto, as may be neceflary, and the ufe of militia, fo to be called forth, may be continu- ed, if necefl~ary, until the expiration of thirirty days after the commencement of the enfuing feffion. By procla- Scc. 3. Provided always, and be it further en- mationtoor ^^^^^ That whenever It maybe neceflfary, in ^odifpafl*' the judgment of the Prefident, to ufe the mili- tary fores hereby directed to be called forth. ( "3 ) the Prefident fxrall forthwith, and previous there o, by proclamation, command fuch insur- gents to diiperle, and retire peaceably to their rcipedive abodes, within a limited time. Sec. 4. And be if further enaled. That the Pay of the ir.ilitia, employed in the Tervice of the United ""i'^'=^ «™- States, fliall receive the fame pay and allowan- u.^tatssf ces as the troops of the United States, who may be in fervice at the fame time, or who were laft in fervice, and (hall be fubjecl to the fame rules and articles of war : And that '^^ oiTicer, non comraiffioned ofncer or private of the militia fliall be com.pelled to ferve more than three months in any one year, nor more than in due rotation with every other able bo- died man of the fame rank in the battalion to which he belongs. Sec. 5. And be it further enncfed^ That "cnaity on every officer, non-commiliioned oScer or pri- •^-^^'-eyin^ vate or the militia, who ihali tail to ooey toe sutes. orders of the Prefident of the United Staies, in any of the cafes before recited, fhall forfeit a fum not exceeding one year's pay, and not lefs than one month's pay, to be determined and adjudged by a court martial ; and fuch officer fhall, moreover be liable to be cafhiered by fentence of a court martial ; and fuch non- commiffioned officers and privates fhall be liable to be imprifoned by a like fentence, on. failure of payment of the fines adjudged againfl them, for the fpace of one calendar month for every five dollars of fuch fine. Sec. 6, And be it further enaFied,^ That c^'unsm-.r- courts martial for the trial of militia fliall be ''-^i 'i'^^*" compofed of militia officers only. ""'^''' Sec. 7. And be it further enacted. That all Fines to be fines to- be alTeired, as aforcfaid, fhall be certi- «^^i-^=«it°. fied by the prefiding officer of the court raar- P herein. ( 114 ) tial before whom the fame (hall be affelTed, to the marfhal of the diftrid:, in which the deUn- quent fhali refide, or lo one of his deputies ; and alfo to the fupervifor of the revenue of the fame diftrift, who fliall record the faid certifi- cate in a book to be kept for that purpofe. The and dut of ^^^^ marfhal or his deputy fhall forthwith pro- marfiiais cccd to Icvy the faid fines with cofls, by diflrefs and fale of the goods and chattels of the delin- quent, which cofls and the manner of proceed- ing, with refped: to the fale of the goods dif- trained, fhall be agreeable to the laws of the ftate, in which the fame fliall be, in other cafes of diflrefs ; and where any non-commiffioned oflicer or private fhall be adjudged to fuffer im- prifonment, there being no goods or chattels to be found, whereof to levy the faid fines, the marfhal of the diflri6l or his deputy may commit fuch delinquent to gaol, during the term, for which he fhall be fo adjudged to imprifonment, or until the fine fliall be paid, in the fame man- ner as other perfons condemned to fine and im- prifonment at the fuit of the United States, may be committed. To pay the Scc. 8. Aiid be it further e?ia^ed, T\i2it the fries to the niarflials and their deputies fhall pay all fuch ^pernor, ^^^^ by them levied to the fupervifor of there- venue, in the diflrid in which they are colledled, within two months after they fliall have received the fame, deducting therefrom five per centum, as a compenfation for their trouble ; and in cafe of failure, the fame fhall be recoverable by ac- tion of debt or information in any court of the United States, of the diflrift, in which fuch fines fliall be levied, having cognizance thereof, to be fuied for, profecuted and recovered, in the name of the fupervifor of the diflrift, with in- tereil and cofls. ( ^'5 ) Sec. 9. And be it further enaded. That the f/"^"^f, marflials of the feveral dillricls and their depa- ties fliall have the fame powers in executing the laws of the United State?, as flieriffs and their deputies in the feveral ftates have by law, in executing the laws of their refpedive flates. Sec. 10. And he it further enabled ^ That this CommuatF- a6l fhall continue and be in force, for and dur- ^^ °^ ''^'^ ing the term of tv/o years, and from thence to the end of the next feflion of Congrefs there- after, and no longer. JONATHAN TP.UMBUI.L, Speaktr ofthcHoufc of Reprefentatives. RICHARD HENRY LEE, Prejident pro tanpore. of the Senate, Approved, May fecond, 1792. G°. WASHINGTON, Prefident of the United States. CHAPTER XXIX. An ACT for the relief of perfons Imprifoned for Debt. Sec. 1 . 13 E it enaded by the Senate and Houfe _I3 of Reprefentatives of the United States Pe'^«"slm- of America^ in Congrefs afjembled^ That perfons execudon!' imprifoned on executions iiluing from any court iffuingfrom of the United States for fatisfaclion of judg- u'states^'to ments in any civil a(51ions ihall be entitled to like ''^ve Hke privileges of the yards or limits of the refpec- are'^JiWe^d tive goals as perfons confined in fuch goals bv fiate for debt on judgments rendered in the courts '^°""^* of the feveral itates are entitled to, and under the like regulations and reftriclions. Sec. 2. And be it further enacJed, That any Mode of perfon imprifoned as aforefaid, may have the fJ"J"rt'^ oath 01: affirmation herein after expreffcd ad- ipcA to pe r fon States, or of the general or fupremc court of miniftered to him by any judge of the ITnitcd J-""^,,}'"^'''" C "6 ) hw of the ftate in which the dehtor is impri- foned, the creditor his agent or attorney, if either live within one hundred miles of the place of imprifonment, or within the diftric!: in which the judgment was rendered having had at lead thirty days previous notice, by a citation ferved on him, iiTued by any luch judge, to appear at the time therein mentioned, at the laid goal, if he fee fit, to fliew caufe why the faid oath or affirmation fhould not be i'o adminiftered ; at which time and pi ce, if no fufficient caufe in the opinion of the judge, be, ihewn or doth from examination appear to the contrary, he may at the requeil of the debtor, proceed to adminifter to him the following oath or affirmation, as the cafe may be, viz. '- You folemnly fwear (or affirm) hat yovi have not eftate, real or perfonal, nor is any to your knowledge holden in truft lor you to the amount or value of twenty dollai?, nor fufficient to pay the debt for which ycu are imprlioned." Which oath or affirmaii( n being adminiftered, the judge ffiall certify the fame mider his hand, to the prilon keeper, and iiiall fix a reafonable allowance for the debtor's fup- port, not exceeding one dollar per week ; and if the creditor ffiall thereafter any week fail ;o furniOi the debtor with fuch weekly iuppor:\, by paying or advancing the money to him, or to the prifon-keeper,for his ufe, the debtor ihall be difcbarged from his imprifonment on fuch judgment, and Ihali not be liable to be impri- foned again for the faid debt ; but the judgment fliall remain good and fuffiicient in law, and may be fatisficd out of any eftate which may then or at any time afterwards belong to di- debtor. Penalty on Scc. 3. And be H further enaf'ed. That li any faife fwear. p^j-fon flnll falfcly take the oath or affirrnarion aforefaid, fuch ptrfon fnall be deemed guiky of ( 1^7 ) perjury, and fuffer the pains and penalties in that cafe provided. Sec. 4. And be it further enacted. That this LifnitatJon a6l fiiall continue and be in force, for the fpace of tin aa. of one year from the pafTmg thereof, and from thence to the end of the next feflion of Con- grefs, and no longer. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE, Prc/zdent pro tempon of tki Senate. Apr ROVED, May fifth, 179^. G°. WASHINGTON, Pref.dent of the United States. CHAPTER XXX. An ACT authorizing the grant and conveyance of certain Lands io John Cleves Symmes, ayid his AJfociates. Sec. I . "piE it enacted by the Senate and Houfe of , ^efident Reprefentatives of the United States of avnhic. Qf (j-^g capacity of twenty gallons and upwards, containing diftilled fpirits, which fhall be found in the poiielTion of any difliller or dealer in fpi- rits, exccpr at a diftillery where the fame were made, or in going from one place to. another, v/iihout being marked according to law, or with- ( 1^5 ) out having a certificate from fome proper offi- cer, fliall be liable to feizure and forfeiture, and that it fnall be the duty of the feveral officers of infpeclion, upon requefl of any dealer or diftil- ler to take meafures for the marking of calks, vtffeis and packages containing diflilled fpirits, and to furniih fuch dealer or diitiller, free from . expenfe, with certificates to acccompany the ),"£ To fame ; Pro'vidcd'i'h.zi it fhall not be incumbent mark calks, upon any fuch officer to mark or cerdfy any ^'^' cafk, velfel or package which ought to have been before marked or certified according to any law of the United States. Sec, I o. And he it further enaded. That from ^^^^^ ^. and after the lafi: day of April, one thoufand pni ^793 feven hundred and ninety three, no diftilled bSiVtou! fpirits except arrack and fweet cordials, fhall be states in brought into the United States f:om any foreign ''^^^onf ^f° port or place, except in calks or veiTels of the ca- pacity of ninety gallons and upwards. Sec. II. And be it further enaSied^ That no Drawbacks, drawback of the duty on dillilled fpirits which q^.^^^y',!. fhall be exported after the lafl day of June next, lowed. fnall be allowed upon any quantity lefs than one hundred gallons. Sec. 12. And be it further enacted. That af- Af:er yane ter the lad day of June next, no diflilled fpirits "l^JZw fhall be brought into the United States, from be imported any foreign port or place in any cafk or vellel, which fhall have been marked purfuant to any law of the United States concerning diltilled fpirits, on pain of forfeiture of the fpirits fo brought, and of the fnip or vefTel in which they iliall be brought. Sec. 13. And be it further ena6led. That If P^'^^ity on the owner or pofi'efTor ofany flill or flills fhall "oniako'en- negleift to make entry thereof, within the time tryofiiiiis. and in the manner prefcribed by the fecond feQion of this acl. fuch owner or pofieHbr fliall ( '26 ) forfeit and pay the fum of two hundred and fifty dollars ; and if any diftilled fpirits, except ar- Certain fpi- ^^^^ ^"^ ^^eet cordials dnll, after the hH day rits import- of April ncxt be brought into the United'States forfeimre- ^^ ^'^^^^ ^^ veiTcls of lefs Capacity than ninety penaitks, gallons, all fuch fpirits, and the cafks and veffels how diipof. containing the fame, iliall be fubjeft to feizure and forfeiture, and every fuch penalty or for- feiture {half be one half to the ufe of the Uni- ted States, and the other half to the ufe of the perfon who (hall firll difcover and make known the matter or thing whereby the fame lliali have been incurred. Continuati Scc. 1 4. ^i7d be it further enaSfed, and dc- klcT htrdn' ^^"^^^^^ '-f'hat the duties hereby laid (hall conti- for what nue in force, for the fame time, and are hereby ^To\^l^tll P^^'^g^d and appropriated to and for the fame purpofes, as thofe, in lieu of which they are laid, and purfuant to the a6l intituled " An ad re- pealing after the lad day of June next, the du- ties heretofore laid upon diililled fpirits im- ported from abroad, and laying others in their itead, and a'fo upon fpirits diililled within the United States and for appropriating the fame." f/'^'dtir Sec. 15. And be it further ena^ed. That to hereinmade make good any deficiency which may happen goocibypro -^^ coufequence of the redudion hereby made ou6t of a . T . r • • i-/x'ii 1 certain aft. m the ratcs ot the Quties on Ipirits diltilled within the United States, and on ftills, fo much of the product of the duties laid by the ad intituled " An a6: for raifing a farther fum of money for the protection of the frontiers, and for other purpofes therein mentioned,'* as may be neceflary, fhali be and is hereby pledged and appropriated to the fame purpofes, to and for which the duties, hereby reduced, were pledged and appropriated. ( '27 ) Sec. 1 6. And be it further enacted. That the Hiownnre Prefident of the United States be authorized txl7^c? to make fuch allowances for their refpective fer- vices to the fupervifors, infpeftors and other officers of infpedtion, as he fhall deem reafona- ble and proper, fo as the faid allowances, toge- ther with thfe incidental expenfes of colleding the duties on fpirits diftilled within the Uni- ted States, fhall not exceed ^tNtw and an half per centum of the total producl of the duties on diftilled fpirits, for the period to which the faid allowances fiiall relate, computing from the time the act intituled " An aft repealing after the lall day of June next, the duties heretofore laid upon diftilled fpirits imported from abroad, and laying others in their llead, and alfo upon fpirits diftilled within the United States, and for appropriating the fame, took effed: : And pro- vided alfo. That fuch allowance fhall not t^-^'.fjl^^ ceed the annual amount of feventy thoufand dol- dollars. lars, until the fame fhall be further afcertained by law. Sec. 17. And be it further enacled. That the cert^iin act aa intituled "An ad repealing after the laft day ;;,[Xn"i of June next, the duties heretofore lai i upon the duties, diftilled fpirits imported from abroad and lay- ^'^^ *^^■■'■■"'• ing others in their ftead, and alfo upon fpirits diftilled within the United States, and for ap- propriating the fame," fnall extend to and be in full force for the colledion of the feveral du- ties herein before mentioned and for the reco- very and diftribution of the penalties and for- feitures herein contained and generally for the execution of this ad, as fully and effedually as if every regulation, reftridion, penalty, pro- vifiori, claufe, matter and thing therein contain- ed were inferted in and re-enacted by this pre- ( 128 ) fent aft, fubjed only to the akerations hereby- made. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE, Prefident pro teviporc of the Senate. Approved, May eighth, 1792. G^: WASHINGTON, Prefident of the United Statef. CHAPTER XXXIII. An ACT viore effi'cl.uaUy to provide for the National Defence by eflablifiing an Uniform Militia throughout the United States. Sec. I. 13 E // enaBed hy the Senate and Houfe Militia how JO ^f Reprcfentativcs of the United and by States of America^ in Congrefs ajjenibled. That e^'nroikd^^'each and every free able-bodied white male citizen of the refpective ftates, refident therein, who is or {hall be of the age of eighteen years, and under the age of forty-five years (except as is herein after excepted) fhall feverally and refpetSlively be enrolled in the militia by the captain or commanding officer of the com- pany, within whofe bounds fuch citizen Ihall refide, and that within twelve months after the paffing of this ad. And it fliall at all times here- after be the duty of every fuch captain or com- manding officer of a company to enrol every fuch citizen, as aforefaid, and alfo thofe 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) fhall come to refide within his bounds ; and ihall without delay notify fuch citizen of the faid enrolment, by a proper non-coramiffioned officer of the compa- ny, by whom fuch notice may be proved. That every citizen fo enrolled and notified, fnall. ( 1^9 ) within fix months thereafter, provide hhnfelf How to be with a pooJ mulket or firelock, a fuliicient ^"""^"^^ '\"'^ o ' accoutred. bayonet and belt, two ipare tiints, and a knap- fack, a pouch with a box therein to contain not lefs than twenty four cartridges, fuited to the bore of his mufket or firelock, each cartridge to contain a proper quantity of powder and ball : or with a good rifle, knapfack, (hot- pouch and powder-horn, twenty-balls fuited to the bore of his rifle, and a quarter of a pound of powder ; and fliall appear, fo armed, accou- tred and provided, when called out to exercife, or into fervice, except, that when called out on company-days to exercife only, he may ap- pear without a knapfack. That the commif- fioned officers fliall feverally be armed with a fword or hanger and efpontoon, and that from and after five years from the pafling of tliis acl, all mufquets for arming the militia as herein required, fliall be of bores fuflicient for balls of the eighteenth part of a pound. And every citizen fo enrolled, and providing himfelfwith the arms, ammunition and accoutrements re- quired, as aforefaid, fliall hold the fame ex- empted from all fuits, diftrefles, executions or fales, for debt or for the paym.ent of taxes. Sec. 2. And be it further enaded. That the j,^.^^^jj^.g Vice-Prefident of the United States ; the ofli- oiricers,&c. cers, judicial and executive of the government "cmpted. of the United States ; the members of both houfes of Congrefs, and their refpeftive offi- cers ; all cufl:om-houfe officers with their clerks ; all pon:-officers, and ftage-drlvers, who are em- ployed in the care and conveyance of the mail of the pofl:-office of the United States ; all fer- rymen em.ployed at any ferry on the pofl:-road ; all infpeclors of exports ; all pilots ; all mari- ners actually employed in the lea fervice of any citizen or merchant v/Ithin the United States ; R ( 130 ) and all perfons who now are or may hereafter be exempted by the laws of the refpeftive flates, fliall be, and are hereby exempted from militia duty, notwithllanding their being above the age of eighteen, and under the age of forty- five years. ^Hlitiahow Sec. 7. And bell fi/rf/jerenacIed,Tncitwhh'm tobearran- ^ r i m r ^ • A i ■!■. ged, and ^^^ Y^ar atter the paffing or this act, the milina of the refpedive ftates (hall be arranged into divifions, brigades, regiments, battallions and companies, as the legiilature of each (late fhall direcl ; and each divifion, brigade, and regi- ment, fliall be numbered at the formation thereof; and a record made of fuch numbers in the adjutant-general's office in the (late ; and when in the field, or in fervice in the ftate, each divifion, brigade and regiment fliall, refpedt- ively take rank according to their numbers, re- coning the firfl or lowed number highefl in rank. That if the fame be convenient, each brigade fliall confill of four regiments ; each regiment of two battallions ; each battallion of five companies ; each company of fixty-four by whom pHvates. That the faid militia fhall be offi- ©fficcred. ccred by the refpedive flates, 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 bri- gade-infpeclor, to ferve alfo as brigade-major, with the rank of a major ; to each regiment, one lieutenant-colonel commandant ; and to each battallion one major; to each company one captain, one lieutenant, bne enfign, four > ferjeants, four corporals, one drummer and one filer or bugler. That there fhall be a regi- mental flafT, to confill of one adjutant and one quarter-maiier, to rank as lieutenants ; one pay- mafler ; onefurgeon, and one furgeon's mate ; one ferjeant-major ; one drum-major, and one fife-maior. ( 13' ) Sec. 4. And be it further ena^ed. That out Eachbattai- of the militia enrolled, as is herein directed, i'°"'oi^"c there fliall be formed for each battallion at nyVf°"gre' leall one company of grenadiers, light infantry nadiers,&c. or riflemen; and that lo each divifion, there company of fhall be at lead one company of artillery, and artillery. one troop of horfe : there lliall be to each company of artillery, one captain, two lieute- nants, four ferjeants, four corporals, fix gun- ners, fix bombardiers, one drummer and one fifer. The officers to be armed with a fword oncers or hanger, a fufee, bayonet and belt, with a armed!° cartridge-box to contain twelve cartridges ; and each private or matrofs fliall furnifh him- felf with all the equipments of a private in the infantry, until proper ordinance and field artillery is provided. There fhall be to each Troops of trooD of horfe, one captain, two lieutenants, ^"I^'' ^'^^•'^ one cornet, tour lerjeants, tour corporals, one faddler, one farrier, and one trumpeter. The commiffioned officers to furnifli them- felves with good horfes of, at leaft fourteen hands and an half high, and to be armed with a fword, and pair of piftols, the holflers of which to be covered with bearfkin caps. Each dragoon to furnifh himfelf with a fer- viceable horfe, at leaft fourteen hands and an half high, a good faddle, bridle, mail- pillion and valife, holfters, and a breaft-plate and crupper, a pair of boots and fpurs, a pair of piftols, a fabre, and a cartoucli-box, to con- tain twelve cartridges for piftols. That each Artillery & company of artillery and troop of horfe fliall •^°''^« «f be formed of volunteers from the brigade, at formc'd° the difcretion of the commander in chief of the ftate, not exceeding one company of each to a recjiment, nor more in number than one ," ""^ "!": t 1 (• 1 • I- 1 n ,1 , • formly clad eleventh part ot the mtantry, and fhall be uni- attheirown formly cloathed in regimentals, to be furnifficd ^^p^"^"^* ( 132 ) at their own experxfe ; the colour and fafhlon to be determined by the brigadier commanding the brigade to which they iDelong. &?Ind by ^^^' 5' ^^^^ ^^ it further enaded. That each whomtobc battallion and regiment fhall be provided with furniiiied. ^he ftate and regimental colours by the field officers, and each company with a drum and fife or bugle-horn, by the commiffioned officers of the company in fuch manner as the legisla- ture of the refpeftive ftates fhall dired. Admtant- Sec. , 6. And be it further enacled^ That there general in {hall be an adjutant-geueral appointed in each S^du^y!' ftate, whofe duty it fliall be to diftribute all or- ders from the commander in chief of the itate to the feveral corps ; to attend all public re- views when the commander in chief of the {late fhall review the militia, or any part there- of ; to obey all orders from him relative to carrying into execution and perfefting the fyftem of military dicipline eflabliihed by this aft ; to furnifli blank forms of different returns that may be required, and to explain the prin- ciples on which they fliould be made ; to re- ceive from the feveral officers of the different corps throughout the flate, returns of the militia under their command, reporting the adual fituation of their arms, accoutrements and ammunition,their delinquencies and eve- ry other thing which relates to the general advancement of good order and dicipline : All which the feveral officers of the divifions, bri- gades, regiments and battallions, are hereby required to make in the ufual manner, fo that the faid adjutant-general may be duly furnifli- ed therewith : From all which returs, he ffiall make proper abftrafis, and lay the farne annu- ally before the commander in chief of the ftatc. F-uics c£ Sec. 7. And he it further enaBcd, That the rliicipiinc: rules of dicipline, approved and eflabliilred by ( >33 ) Congrefs In their refolution, of the twenty- Rules of ninth of March, one thourand feven hundred diftipiinc^ ■dnd feventy-nine, fliall be the rules of dici- pline to be obferved by the mihtia throughout the United States, except fuch deviations from the fcjd rules as may be rendered neceffary by the requifitions of this aft, or by fome other unavoidable circumflances. It fliall be the duty of the commanding oflicer at every mufter, v/hether by battaliion, regiment or fnigle com- pany, to caufe the militia to be exercifed and trained agreeably to the faid rules of difcipline. Sec. 8. Jnd be it further enatled. That all officers commiiTioned officers fliall take rank according j4°n]^*°**^* 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 oflicer of the brigade, regiment, battaliion, company or de- tachment. Sec. 9. And be it further enaded, Thatif any pj-o^ig^^jj-^ perfon, whether officer or foldler, belonging to cafe of the militia of any fiate, and called out Into the ^^'°""^s,&c. fervice of the United States, be wounded or difabled while in actual fervice, he fliall be taken care of and provided for at the public expenfe. Sec. 1 o. And be it further enadcd. That it fliall be the duty of the brigade Infpedlor, to fpeSrV"' attend the regimental and battaliion meetings duty. of the militia compofmg their feveral brigades, during the time of their being under arms, to infpect their arms, ammunition and accoutre- ments ; fuperlntend their exerclfe and ma- nceuvvres, and Introdue the fyftem of mili- tary difcipline before defcrlbed throughout the brigade, agreeable to law, and fuch orders as they fliall, from time to time receive from the commander in chief of the ftate ; to make re- turns to the adjutant-general of the itate, at ( 134 ) Brigade in- leaft oiice in every year, of the militia of the fpcdtor's brigade to which he belongs, reporting there- "'^' in the a6lual 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 general advancement of good order and military difci- pline ; and the adjutant-general fhall 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. Artillery And whcrcas fundry corps of artillery, ca- &c.nowex- valry and infantry, now exift in feveral of the * *"^' faid dates, which by the laws, cuftoms or ufages thereof have not been incorporated with, or fubject to the general regulations of the militia : to retain Scc. II. Be it further enaded. That fuch w^ ^'"^'' corps retain their accuftomed privileges, fub- ject, never thelefs, to all other duties required by this ad in Hke manner with the other mi- litia. JONATHAN TRUMBULL, Speaker of the Houft of Reprefentatives. RICHARD HENRY LEE, Prefident pro tempore oj the Senate. Approved, May eighth, 1792. G°: WASHINGTON, Prejident of the United States. CHAPTER XXXIV. An ACT relative to the Compenfations to certain Officers employed in the colleElion of the Duties of Impojl and Ton- nage. Sec. i.T> E it ena&sdby the Senate and Hon fc of ^^Reprefentatives of the United States of America^in Congref ajfemblcd. That from and af. leges ( I3S ) ter the laft day of June next, in addition to llie Additional fees and emoluments which may accrue to the [i''-'*^'^ ^'' ofhcers employed m the collection or the duties iVom ift ju- of impoil and tonnage, by the provifions already ^v "^st to made, they fiiall feverally have, and be enti- veyo-s' a"nd tied to the refpeclive allowances following, to coiicvfiors. wit f The furveyors of Newburyport, Salem, Saint Mary's and Wilmington in North-Ca- rolina, the yearly fum of one hundred dol- lars, each ; the furveyors of Beverley, North Kingfton, Eaft Greenwich, Warren, Brillol, Pawcatuck-river, Providence, Patuxet, New Haven, Lewellenfburg, Alexandria, Beaufort, Hertford, Winton, Bennet's-creek, Plymouth, Windfor, Skewarkey, Murfreefborough, Nix- onton, Indian-tov/n, Currituck-inlet, Pafquo- tank-river bridge, and Newbiggen creek, the yearly fum of eighty dolb.rs, each; the furveyor of Portfmouih, 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, Smithheld, Urbanna, and Frederick- fburg, the yearly fum of twenty dollars, each ; the collector of the diflricl of Wilmington in North Carolina, the yearly fum of one hundred and fifty dollars ; the collectors of the diflricts of Portfmouth, Gloucefler, Albany, Annapolis, Vienna, Nottingham, York-town, Dumfries and Louifville, the yearly fuai of one hun- dred dollars, each ; the colledor of the di- ftrict of Fairfield, the yearly fum of eighty dol- lars ; the colletlors of the diilricls of Marblc- headj Plymouth, Barnftable, Nantucket, New Bedford, Dighton, York, Biddeford and Pep- ( >J6 ) perelborough, Bath, Wifcaflet, Machias, New- port, New Haven, Perth Amboy, Great Egg- harbor, Wilmington in Delaware, Chefter, Cedar-point, George-town, Hampton, South Quay, Waihington, Plank- bridge and George- town in South Carolina, the yearly fum of fif- ty dollars, each ; the naval officer of the di- ftri£l of Portfmouth, the yearly fum of one hundred dollars ; the naval officers of the di* flricls of Newburyport, Newport, Providence, Wilmington in North Carolina and Savannah, the yearly fum of fifty dollars, each ; the col- ledlor of the diftricl 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 colle6lors of the diftrids of Portfmouth, Newburyport, Gloucefter, Mar- blehead, Plymouth, Nantucket, Edgartown, New Bedford, Dighton, York, Biddeford and Pepperelborough, Portland, Bath, Wifcaflet, Penobfcot, Frenchman's bay, Machias, New- port, Providence, New Haven, Fairfield, Perth- Amboy, Burlington, Great Egg-harbor, Wil- mington in Delaware, Oxford, Vienna, Snow- hill, Annapolis, Nottingham, Cedar-point, George-town in Maryland, Hampton, York- town, Yeocomico, Dumfries, Foley-landing, Cherryftone, South Quay, Wilmington in North Carolina, Newbern, Wafliington, Eden- ton, Plank-Bridge, George-town in South Ca- rolina, Beaufort, and Savannah, each, one half of one per centum on the amount of all monies by them refpeftively received on account of the duties aforefaid. To coiicc- Sec. 2. And be it further enaclcd^ThzXiVom tors of N. and after the laft day of June next, the ailow- prnnfTva- ^^^^ ^^ \.hYeQ fourths of ODC per ccntum to the nia I of I colledlors of the diftricts of Penniylvania and pcr^ cent., j|^g ^-^^ ^f NewYoik, OH thc aniount of all ( ^Zl ) monies by them refpedively received, on ac- count of the duties of impofl and tonnage, fnall ceafe, and inftead thereof, they fliall, af- ter that time, be entitled to one half of one per centum on all fuch monies by them refpective- ly received. Sec. 3. And he it further enacted, Tliat from ores rent and after the lafh day of June next, the ex- &5-of «r- penfe of fuel, office-rent and neceflary ftationa- Srsjiolvt'o ry, for the collectors of the diftridls of Salem be paid, and Beverley, Bofton and Charleflown, the cities of New York, Philadelphia and Charlef- ton, the towns of Baltimore, Norfolk and Portfmouth, fnall be paid, three fourths by the faid Colledors and the other fourth by the re- fpeclive naval-officers in thofe diilricls. Sec. 4. And be it further enaSted, That when- Commfii- ^ ever a collector fhall die, the commiffions, to of a'^wiiL- which he would have been entitled on the re- ^°-> ^°^^ ceipt of all duties bonded by him, fhall be '^'*^°^''^ '^* equally divided between the legal reprefenta- tives of fuch deceafed colledor and his fuc- cefibr in office, whofe duty it fhall be to collect the fame ; and for this purpofe the faid repre- fentatives fhall deliver over to fuch fuccefibr all the pubHc or official books, papers and ac- counts of the faid deceafed. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE, Prefident pro tempore of the Senate^ >ApproV£d J May eighth, 1792. G^: WASHINGTON, Prefident of the United States, ( 138 ) CHAPTER XXXV. An ACT to coiitinm in force the AB:, intituled, " An aEi to provide for mitigating or remitting the Penalties and For' feitures accruing under the Revenue Laws in certain Cafes," and to viake further Frovifio7ifor the Payment of Penfions to Invalids. Sec I . TJ E it enaBedby the Senate and Houfe of Theaa for J[3 Reprefentcitlves of the United States of remitting America, in Con^rcfs aifembled. That the ad, enti- Or mitieat- c:i j m ^ ^__ ^ '^ incr forfeit- tied," All aft to provide for mitigating or remit- ures, &c. ting the forfeitures and penalties accruing under fonyears. ^^^ revenue laws in certain cafes therein men- tioned," Ihall be, and hereby is, continued in full force for the term of three years, from the paffing of this aft, and no longer. Provided, That nothing in the faid aft fhall be conftrued to limit or reflrain the power of the Prefident of the United States to grant pardons for oiiences againft the United States. Penfions to Sec.2.Andbe it further (^z-^flc?^^, That the yearly be paid for penfions which have been, or may be, allowed Ith^^Mafch t>y? ^^ ^^ purfuance of, any aft or law of the M. United States, to perfons who were wounded and difabled in the public fervice, Ihall for the fpace of one year from the fourth day of March lad be paid out of the treafury of the United States, under fuch regulations as the Prefi- dent of the United States may direft. JONATHAN TRUMBULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE, Prefident pro tempore of the Senate. Approved, May eighth, 1792. G". V^ASHINGTON, Prefident of the United States. - ( 139 ) CHAPTER XXXVI. An ACT for regulating Proceffes in the Courts of the United States, and providing Compenfations for the Officers of the /aid Courts, and for Jurors and Witnejfcs. Sec. I . T-^E it enaded by ihe Senate and Houfe ^^ of Reprefentati-ves of the United Writs by States of America^ in Congrefs affejubled. That hoTattd"- all writs and procefl'es iirulng from the fupreme ed. or a circuit court, fhall bear teft of the chief jufHce of the fupreme court (or if that office fliall be vacant) of the affociate juflice next in precedence ; and all writs and proceffes ifl'uing from a diilricl court, fhall bear tefl of the judge of fuch court (or if that office ffiall be vacant) of the clerk thereof, which faid writs and pro- ceffies fliall be under the feal of the court from whence they ilTue, and figned by the clerk thereof. The feals ffiail be provided at the ex- and feals penfe of the United States. P'°^''^'^- Sec. 2. And be it further enaSfed, That the Forms of forms of writs, executions and other procefs, ^^"'^' ^^• except their ftile and the forms and modes of proceeding in fuits in thofe of common law Ihall be the fame as are now ufed in the faid courts refpeftively in purfuance of the atl, en- titled, " An act to regulate proceiTes in the courts of the United States," in thofe of equity and in thofe of admiralty and maritime jurif- didion according to the principles, rules and ufages which belong to courts of equity and to courts of admiraky refpeciively, as contra- diilinguifhed from courts of common law ; ex- cept fo far as may have been provided for by the acl to eflabliih the judicial courts cf the United States, fubjed however to fuch altera- tions and additions as the faid courts refpec- tively fliall in their difcretion deem expedient, or to fuch regulations as the fupreme court of the United States fhall think proper from time ferving writs &c ( 140 ) to time by rule to prefcrlbed to any circuit or Y-^% diflria court concerning the fame : Provided^ take out a i Hat on judgments m any or the cafes arorefaid capiasadfa- where difFcrent kinds of executions are iffuable tis faciendum ' r rr • 1 r .• r • • t- in firft in- ^^ luccciiion, a capias ad JaUsfaciendum being ilance. one, the plaintiff fhail have his election to take out a capias ad fat'ufacimdum in the nrfl in- ftance. Fees for Sec. 3. And he it further enaded. That from and after the paffmg this a6l, the fees and com- penfations to the feveral officers and other per- fons hereafter mentioned, fhall be as follows -, that is to fay, to the marflials 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 procefs aforefaid five cents per mile, to be computed from the place of fervice to the court where the writ or procefs fliall be returned ; and if more per- lons than one are named therein, the travel ftall be computed from the court to the place of fervice which is moft remote, adding there- to 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,w^af'rant, attachment or procefs, fhall in no cafe exceed feven dollars, and when there are more than one the fee for extra travel faall not exceed one dollar above feven dollars for each perfon. i)"onds7" For each bail bond, fifty cents : for felHng for felling p-Qods and veffels condemned, and receiving veiTcls and '-> , . , , ^ ^ oQods; and paying the money three per cent : tor commit- every commitment or difcharge of a prifoner, cha'r-rcf'i fi^^ty cents : for fummoning witneffes, where he prifoner; cocs it, each thirty ccuts *. for fummoning a In^ \,rks g^'^^^d or petit jury, each three dollars : Pro- '"^ J"''"' ^,/^/^a^^ xhat ia thofe dates v/here jurors by the for bail ( HI ) laws of the ftate are drawn b)'^ conftables or Provifo in other officers of corporate towns or places by [f^^^'^j.^J^ lot, the marihals iliall receive for the ufe of fuch nables ; conitables or officers the fees allowed for fum- moninpj juries : For attending the fupreme, .^f"" a"end- •iTL'o. r in J ine courts: circuit or dilrrict courts rive dollars per day, ^ and at the rate of ten cents per mile for his expenfes and time in travelling from the place of his abode to either of the faid courts : For levying ex- levying an execution, and for all other fervices ecuVon&c. not herein enumerated, fuch fees or compenfa- tion as are allov/ed in the fupreme court of the ftate where the fervices fliall be rendered : To the clerk of the fupreme court of the Uni- Jj^j.^^^^ ted States, ten dollars per day for his attendance in court, and for his other fervices in dif- charging the duties of his office, double the fees of the clerk of the fupreme court of that ftate in which the fupreme court of the Uni- ted States ftiall be holden. To the clerk of the diftricl and circuit courts fuch fees in each ftate refpeclively as are allowed in the fu- preme courts of the fame ; and five dollars per day fcr his attendance on any circuit or diftrift court, and at the rate of ten 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 clerk of a court of the United States fliall in difcharging the duties of his office perform any kind of fervice which is not performed 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 fiiall be rendered may allow a reafon- able compenfation therefor. To each grand Jurors. 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 refpeclive places of abode to the place where the court is held. ( H2 ; WltnclTts. ^*i^d the like allov/ance for returning : To wit- nelTes fummoned in any of the courts of the United States the fame compenfations in each flate refpeftively as are allowed in the fupreme Attoinies. courts of the fame : To the attorney of the United States for the diflrift, fiich fees in each ftate refpeftively as are allowed in the fupreme courts of the fame, and alfo the like compen- fation for travelling as is above allowed to ths clerk of the diilrid and circuit courts. Ma.fhai to Sec. 4. And be it further enabled. That the have the marfftal fnall have the cuilody of all velTels and ^"Jj-^f'^j.."^ goods feized by any officer of the revenue, and ed, aiiQ i.e ^1^11 be aliowcd fuch compenfation therefor as paicicertain []^q court may judge reafonable : And there fhall fS&c'^and t>e paid to the marfcal the amount of the expenfe receive and for fucl, candles, and other reafonable contin- pay the tees j,jgg ^^^^ ^ accruc in holdiooj the courts wiihm his diitrict, and providing the books neceffary to record the proceedings thereof: and mch amount, as alfo the compenfations aforefaid to the grand and petit jurors,-— To the Vv'itnefies fummoned on the part of the Uni- ted States, to the clerk of the fupreme court for his attendance,- — to the clerks of the dillridl and circuit courts for their travelling and at- tendance, — to the attorney of the diltridt for travelling to court— to the marlhal for his at- tendance at court ; for fummoning grand and petit jurors and witneiles in behalf of any prifon- er to be tried for a capital offence ; for the maintenance of prifoners confined in goal for any criminal offence, and for the commitment or difcharge of fuch prifoner, — -and alfo the legal fees of the clerk, attorney and marflial, in criminal profecutions, fliall be included in the account of the marihal ; and the fame having been examined and certified by the court or one of the judges of it in which the fervicefiiall have ( M3 ) been rendered, fliall bepalTed in the ufual man- ner at and the amount thereof paid out of the trcafury of the United States, to the marflial, and by him fhall be paid over to the perfons entitled to the fame, and the marlhal ftall be aHowed two and an half per cent on the amount iiis a'low- by him fo paid over to be charged in his future ^"" ihere- ^. for. account. Sec. ^. j^nd be it furl ber enacIed^Th^it in eve- -^^^^^^ fo^ ry profecution for any fine or forfeiture incur- pavmentof red under any ftatutes of the United States, '°"b'"7J" if judgment is rendered againfc the defendant fecutions he fhall be fubject to the payment of col'cs — forfines&c. And on every convidtion for any other offence not capital the court may in their difcretion award that the defendant Tnall pay the cofls of profecution — And if any informer or plaintiff on a penal flatute to whofe benelit the penal- ty or any part thereof if recovered is directed by law to accrue fiiall difcontinue his fuit or profecution or fhall be nonfuit in the fame, or if upon trial averdid fliall pafs for the defen- dant the court fliall award to the defendant his cofts, unlefs fuch informer or plaintiff be an ofl^cer of the United States fpecially autho- rized to commence fuch profecution, and the court before whom the adion or information fhall be tried, fiiall at the trial in open court, certify upon record, that there was reafonable caufe for commencing the fame, in v^'hich cafe no cofts fhall be adjudged to the defendant. Sec. 6. A?id he it further enacted^ That the Fees herein fees and compenfations to the feveral offcers ^^o^ to be and perfons herein before mentioned, other '■^^°^^''^'^- than thol'e which are above directed to be paid out of the treafury of the United States, fliall be recovered in like manner as the fees of the officers of the ilates refpedively for like fer- vices are recovered. ( 144 ) Penalty on Scc. 7. And be it further enaflcd. That If any demanding officer herein before mentioned, or his deputy, fe"s!^ ^ i^^^'l^ L)y re^foi^ or colour of his office wilfully and corruptly demand and receive any greater fees than thole allowed by this a6l, he fliall on conviction thereof in any court of the United States, forfeit and pay a fine not exceeding five hundred dollars, or be imprifoned not exceed- ing fix months, at the discretion of the court before whom the conviction Ihall be'. CertainaBs Sec. 8. And be it further enaded. That the act repealed, paffed at the laft feffion of Congrefs, entitled, " An ad to continue in force for a hmited time, an aft paffed at the firfl feffion of Congrefs, en- titled, "An a£t to regulate proceflTes in the courts of the United States ;" and alfo another acl palTed at the laft feffion of Congrefs entitled, "An aft providing compenfations for the officers of the judicial courts of the United States and for jurors and witneffes and for other purpofes," be, and the fame are hereby repealed. Clerk of Sec. 9. And be it further enaded. That it ffiall fupreme,to ^g ^\^q ^lyty of the clerk of the fupreme court of derk^'of'' the United States, forthwith to tranfmit to the circuit clerks of the feveral circuit courts the form of courts the ^j.jj. ^c ^j-j-q^- j-q be approved by any two of form of a , , , _ % _ ^^^ J t • n 11 writ of er- the judgcs oi the lupreme court, and it Ihall ^°^' be lawful for the clerks of the faid circuit courts to iffue writs of error agreeably to fuch forms, as nearly as the cafe may admit, under the feal of the faid circuit courts, returnable to the fu- preme court, in the fame manner as the clerk of the fupreme court may iffiie fuch writs, in purfuance of the aft, intitled " An aft to efta- bUffi the judicial courts of the United States." When Sec. I o. Ajid be it further enaded. That it clerks may ^^|| ^^^ ^ ]^g lawful fov the clcrks of the takereccc- ,.n .,-, , -. . • 1 1 r nizances de diftnft aud circuit couits, ui thc ablence or m bms ejje ; ( us ) cafe of the dlfabillty of the judges, to take re- cognizances of fpecial bail, de bene efe^ in any aftion depending in either of the faid courts, and alfo the affidavits of all furveyors relative and af?:da- to their reports, a'd to adminifter oaths to all ^itsof far- perfons identifying papers found on board of ^'^'''^"' '"^' veflels or elfewhere, to be ufed on trials in ad- miralty caufes. Sec. 1 1. And be if further cnaHed, That in where jud- all fuits and anions in any diflricl court cf the f^^^r^^ H^. United vStates, invvhich it fhall appear that the a party, judge offuch court it-, anyways, concerned in intereft, or has 'been of counfel for either party, it fl-.all be the duty of fuch judge on application of either party, to caufe the fad to be entered their duty on the minutes of the court, and alfo to order infuchcaf* an authenticated copy thereof, with all the pro- ceedings in fuch fuit or action, to be forthwith certified to the next circuit court of the dilirift which circuit court (hall, thereupon, .take cog- nizance thereof, in the like manner, as if it had been originally commenced in that court, and fhall proceed to hear and determine the fame accordingly. Sec. 12. Ajid be it further enaclcd. That all Records of the records and proceedings of the court of ap- ^°^" J' "'g" J^ peals heretofore appointed, previous to the adop- depoHted tion of the prefent conflitution, (half be depo- ^^^^^J^ "^^^^ fited in the ofiice of the clerk of the fupreme court. court of the United States, who is hereby au- thorized and directed to give topics of all fuch records and proceedings, to any perfon requir- ing and paying for the fame, in like manner, as copies of the records and other proceedings of the laid court are by law directed to be given : ( 146 ) v/hich copies fhall have lik& faith and credit, as all other proceedings of the faid court. JONATHAN TRVMEVLL, speaker oftheHoufe of Reprejentatives. RICHARD HENRY LEE, Prefident pro tempore of the Senate. Approved, May eighth 1792. G°: WASHINGTON, Prefident of the United States, CHAPTER XXXVIL An ACT making Alterations in the Treafury and War Departments. Sec. I. 13 E it enabled by ihs Senate and ^^ Koiife of Reprefentati-ves of the ant in'the United States of Jmerica, in Congrefs ajfembled, war de- That there be an Accountant to the department partment, - Account - his duty. of war, who fhall be charged with the fettle- ment of all accounts relative to the pay of the army, the fubfifience of officers, bounties to foldiers, the expenfes of the recruiting fervice, the incidental and contingent expenfes of the department ; and who Ihall report from time to time, all fuch fettlements as ihall have been made by him, for the infpeftion and revifion of the accounting officers of the treafury ; and the faid accountant fhall alfo be charged with the fettlement of all claims for perfonal fervice au- thorized by the ad of this Congrefs of the twen- ty feventh of March laft, and of all military claims lodged in the late office of the paymafter general and commiffioner of army accounts, which are not foreclofed by the ads of limita- tion of the late Congrefs, and he fliall report from time to time, all fuch fettlements as have been made by him, for the infpection and revi- fion of the Comptroller of the Treafury. The ( 147 ) compenfation of the faid accountant fhall be a yearly falary of one thoufand two hundred dol- salary. lars. Sec. 2. And be it further enaded. That the Duty of the Treafurer of the United States ihall difburfe all ^.^^^^^s. fuch monies as fhall have been previouily or- herein. ' dered for the ufe of the department of war by warrants from the treafury ; which difburfe- ments Ihall be made purfuant to warrants from the Secretary at War, counterfigned by the ac- countant. Sec. 3. Ayid he it further ena^cd^ That there paymafter be a Paymafler to refide near the head quarters °J ''""j^j^ of the troops of the United States. That it duty. ' fliall be the duty of the faid paymafler, to re- ceive from the treafurer all the monies which fliall be entrufled to him for the purpofe of pay- ing the pay, the arrears of pay, fubfiftence or forage, due to the troops of the United States. That he fliall receive the pay abflrads of the pay- niafters of the feveral regiments or corps, and compare the fame with the returns or mufter rolls which fhall accompany the faid pay ab- flrafts. That he fliall certify accurately to the commanding officer, the funis due to the refpec- tive corps, which fliall have been examined as aforefaid, who fhall thereon iffue his warrant on the faid deputy paymafler, for the payment accordingly. That copies of all reports to the commanding officer, and the warrants thereon, fhall be duly tranfmitted to the office of the ac- countant of the war department, in order to be there examined and finally adjufted at the trea- fury. That the faid paymafler fhall give bond To give in the fum of twenty thoufand dollars, with two ^°"'^* fufEcient fureties,for the faithful difcharge of his duty, and he fliall take an oath faithfully to ex- ecute the duties of his office. That the compen- ( 148 ) His felary. fatlon to the faid paymafler fliall be fixty dollars monthly, with the fame rations and forage as a major. Affignment Sec. 4. And be it further enabled. That no t\il\t affignn^ent of pay made after the iirfl: day of ter .11 June June next, by a non-commiffioned officer or pri- rext not y^te, fliall be valid. valid. ' Centrals Scc. 5. And be it further enacled. That all forfuppiy- puj-chafes and contrads for fupplying the army Srm^I with provifions, clothing, fupphes in the quar- «nder the |-ej..j^a(]-ei-s department, military (lores, Indian oftheTrJa goods, and all other fupplies or articles for the i"ry- ufe of the department of war, be made by or under the diredion of the Treafury department. To dhedi Sec. 6. And be it further enabled. That the Se- the coiiec- cretary of the Treafury fiiall dired the fuperin- dutie3,'&c. tendance of the coikclion of the duties on im- poll and tonnage as be ihall judge bell. That AfPifiant the prefent office of Amflant to the Secretary SoiiS & of the Treafury, be aboliihed, and that inflead Commffion- thereof there be an officer in the department kevenue^ of the Trcafury, to be denonunated Commif- iubrututed. fioncr of the Revenue, v/ho fhall be charged with fuperintending, under the diredion of the |ai3 duty, j^g^^ Qf {.{-jg department, the colleclion of the other revenues of the United States and fliall execute fuch other fervices, being conformable to the conftitution of the department, as fliall be directed by the Secretary of the Treafury. g^j^^ , That the compenfation of the faid Commiffioner ' ' fliall be a falary of one thoufand nine hundred dollars per annum. And pow- Sec. 7. And be it further enacled^TlvAt in eve- ers, with ry cafe of an account or claim not finally adjud- oAndVt- ^<^^3 upon which the prefent Comptroller of the torney Ge- Trcafury, as Auditor, may have decided, it Ihall ^"'*^' be the duty gf the Commiffioner of the Revc- ( H9 ) nue, and of the Auditor of the Treafuiiy, finally to adjufl; the fame, and in .cafe of difagreemcnt between the faid Commiffioner and Auditor, the decifion of the Attorney General (hall be final. Sec. 8. And be it further cnaclcd. That in cafe \^'^'^\':i 'ence from the feat of govern- dem !m'' of the death, abfence from the feat oi govern- dent jnent or ficknefs of the Secretary of State, Se- <^eath, lc. cretary of the Treafury or of ih^ Secretary of fpjjjf^^^f^ the War department, or of any officer of either p^rtments. of the faid departments whofe appointment is not in the head thereof, whereby they cannot perform the duties of their faid refpedive offi- ces, it Ihail be lawful for the Prefident of the United States, in cafe he fliall think it neceffiuy, to authorize any perfon or perfonc at his difcre- tion to perform the duties of the faid refpeQive offices until a fuccelfor be appointed, or until fuch abfence or inability by ficknefs ffiall ceafe. Sec. 9. Jnd be it further cnaSted^ That the Treafuiy forms of keeping and rendering all public ac- ^oprefcribe counts v/hatfoever, faall be prefcribed by the '"orms fer department of the Treafury. J^'^PJ^f =^^^' Sec. I o. And be it further ena^ed. That in Yearly ai- addition to the compenfations allowed to the 'cen^m S- Comptroller, Auditor, Treafurer, and Regifter ftccrsofthc of the Treafury, by the " adl for eftabliffiin"; the \\'^^^''' " ri-ri- re 1 ^ Attorney lalaries or the executive olhcers or government. General. their affidants and clerksj" and to the Attorney General by the " act for allowing certain com- penfations to thejudgesof the fupreme and other courts, and to the Attorney General of the United States," the faid officers refpcdively fliall be allowed the following yearly fums, viz. the Comptroller four hundred dollars ; the Auditor four hundred dollars ; the Treafurer four hun- dred dollars ; the Regifter five hundred dollars j the Attorney General four hundred dollars. ( 150 ) Secretary Scc. i^. And be it further enacied. That the «;• the Secretary of the Treafury be authorized to have aUo-!veZ two prhicipal clerks, each of whom to have a 2 principal falary of eight hundred dollars per annum ; and clerks. ^^^^ ^^^ falary of the chief clerk of the depart- ment of war, be at the rate of eight himdred dollars per year. Rcftrifticn Scc. 1 2. And he it further enaded. That the aflo'car' ^eftriftion on the clerks of the department of vrmg on the treafury fo far as refpefts the carrying on of trade aboi- ^^^ trade or bufmefs, other than in the funds, that as to or dcbts of the United States or of any ftate, ^^f 1*1"/^ or in any kind of public property, be aboHflied, III revenue ^nd that fuch rcftridion, fo far as refpecls the officer£,&c. funds or debts of the United States, or of any ftate, or any public property of either, be ex- tended to the commilTioner of the revenue, to the feveral commiffioners of loans, and to all perfons efnployed in their refpedlive offices, and to all officers of the United States concerned in the colle6tion or difburfement of the reve^ nues thereof, under the penalties prefcribed in the eighth feftion of the ad, intitled " An ad to eftablifh the treafury department'* and the ©"flankhig provifions relative to the officers in the treafury extended to department, contained in the " Ad to eftabhfh onToffhe ^^'^^ Po^ office and poft roads," fhall be and here- Revenue. by are extended and applied to the commiffioner of the revenue. JONATHAN TRUMBULL, Speaker of the Houfe of Reprejentatives, RICHARD HENRY LEE, Prejident pro tempore of the Senate. ArfROVED, May eighth, 1792. G°: WASHINGTON, Prejident of ike United States, Term fof receivinc ( I^I ) CHAPTER XXXVIII. An ACT f II plementary to' the A B making Provifion for the Debt of the United States. Sec. i.TJ E it enabled by the Senate and Houfe J3 of Reprefentati'ves of the United States of America, in Congrcfs ajfemhlcd. That the term for receiving on loan that part of the domeftic on loan the debt of the United States, which hath not been ""^^""^^Ir^ fubfcribed purfuant to the terms propofed in the debt of u. act, intituled, " An ad: making provifion for ^^^^^^ "■ the debt of the United States," Ihall be, and it is hereby extended, on the fame terms, as in and by the faid a61; is provided, to the firft day of March next ; and books, for receiving fuch Subfcripti- farther fubfcriptions, fhall be opened at the trea- ""j^^^^J'^^*. fury of the United States, and by the comniif- ed. ' °^^" fioners of loans, in each of the laid ftates, on the firft dayof June next, which Hiall continue open until the faid fir ft day of March next in- clufively ; for which purpofe, the faid commif- fioners, refpeclively, are hereby invefted with the like powers, and required to perform the like duties, as in and by the faid aci is directed. Sec. 2. And he it further enaBed, That fuch fntereft to of the creditors of the United Stales, as have ""^^^^J^^f not fubfcribed and fhall not fubfcribe to the faid creditor.^, loan, {hall -neverthelefs receive a rate per cen- tum on the amount of fo much of their re- fpeclive demands, as well for intereft as princi- pal, as, on or before the firft day of March, fliall be regiftered, conformably to the direclions of the faid act, as fliall be equal to the intereft payable to the fubfcribing creditors, which fliall be payable at the fame times and places, and by the fame perfons, as in and by the faid ail is directed. Sec-. 3. And be it further enabled ^ That the Term f,>r term for receiving upon loan that part of the "--'^'"s ( 15^ ) i^ate debts debts of the refpe E // enabled by the Senate and Hotife ^ of Reprefentatives of the United States .^Pp'^p^;,- of /America, in Congrefs affembled. That there be tions. granted and appropriated the follov/ing fums for the following purpofes, to wit : — For -the difcharge of a balance to the cominiffioners ap- pointed under the acl of Congrefs of the fif- teenth 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 com- mifTioners for fettling accounts between the Uni- ted States and individual ftates, one hundred and eighty feven dollars and ninety one cents ; tions ( 158 ) Specific For defraying the expenfe of ftating and print- appropria. j^g certain public accounts, purfuant to the or- der of the Houfe of Reprefentatives of the thir- tieth of December one thoufand feven hun- dred 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, fe- venteen thoufand dollars ; For making good deficiencies in former appropriations, for de- fraying the expenfe of the enumeration of the inhabitants of the United States, four thoufand fix hundred and ninety five dollars, and fifty nine cents ; For difcharging certain accounts againlt the treafury department, to the end of the year one thoufand feven hundred and nine- ty one, including a fum of fix hundred dollars, for furniiliing the fupervifors of the revenue with fcrevi^Tpreffes, feals, and other articles, one thoufand nine hundred and fifty five dollars, and fixty one cents ; For a balance due to lieu- tenant John Freeman of the late Maryland line, on account of fubfiilence for the years one thou- fand ft\en hundred and eighty two and one thoufand feven hundred and eighty three, forty one dollars and feventy five cents ; For com- penfations to the clerks of the ading commif- fioner of army accounts, and contingencies of his office, one thoufand three hundred and twenty nine dollars and fixteen cents ; For ad- ditional compenfations to the doorkeepers of the Houfe of Reprefentatives, purfuant to a re- folution of the Houfe, of the twenty fourth of March laft, feven hundred dollars ; For the difcharge of fuch demands againfi: 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- ( 159 ) quire payment in fpccle, fire thoufand dollars : All which faid funis, amounting together, to thirty four thoufand four hundred and ninety feven dollars and ninety cents, fliall and may be paid out of the funds following, any, or all of them ; n.imely ; the furplufes which may re- f^^'^s^^J'^f main of appropriations heretofore made, after able. fatisfying the purpofes of fuch appropriations ; monies which have been paid into the treafury, in confequence of balances which have been found due from individuals, relating to tranf- aclions prior to the prefent government of the United States ; the furplus, not heretofore ap- propriated, of the duties on imports and ton- nage, which accrued to the end of the year one thoufand feven hundred and ninety one. Sec. 2. Andbeit further enabled. That fo much Additional of the aforefaid furplus of the duties on imports ^PP^P^^- and tonnage, which accrued to the end of the expenceof year one thoufand feven hundred and ninety -^^'"S ^- one, as may be neceflary, Ihall be and is here- "o^mii^afj by appropriated, in addition to the provifion eilabiirh- heretofore made, towards defraying the expen- '"^"'' fes, which Tnall have been incurred in the exe- cution of the acl: for raifmg and adding another regiment to the military eftablifhment of the United States, and for making farther provifion for the protecuion of the frontiers, within the limits of the fum of three hundred and twelve thoufand, fix hundred and eighty iiiL dollars, and tv/enty cents thereby authorized ; and towards reimburfmg any fums, which may have been borrowed, or advances of money which may have been obtained for that purpofe. Sec. 3. And be it further cnadcd. That a fum ^or inter- of fifty thoufand dollars in addition to the pro- foJei/n^na- vifion- heretofore made be appropriated to de- tions. fray any expenfe which may be incurred in re- lation to the intercourfe between the United ( 166 ) States and foreign nations, to be paid out of any monies, which may be in the treafury, not otherwife appropriated, and to be applied un- der the direftion of the Prefident of the United Prefidcnt States who, if neceffkry, is authorized to bor- mayborrow row, on the Credit of the United States, the 50C00 o s ^^. J ^^^ ^£ ^^^y thoufand dollars ; an account of the expenditure whereof as foon as may be, fhall be laid before Corigrefs. JONATHAN TRUMBULL, Speaker of th€ Houfe. of Reprefentatives. RICHARD HENRY hllY., Prefident pro tempore of the Senate, Approved, May eighth, 1792. G°. WASHINGTON, Prefident of the United States, CHAPTER XLIL An ACT refpeBing the Government of the Territories of the United States North Wefi and South of the River Ohio. Sec. I. "RE it enacted by the Senate and Houfe -^^^^ ^j. of Reprefentatives of the United States N. Weft- of America, in Congrefs afjc?nb!ed. That the laws e.ntenito of the territory north-well of the river Ohio, be pubiifl^ that have been or hereafter may be enacted by cd, diftri- the governor and judges thereof, fliall be buted, &c. pj-ijjj-g J under the diredion of the fecretary of ftate, and two hundred copies thereof, to- gether with ten fets of the laws of the Uni- ted States, fliail be delivered to the faid gover- nor and judges, to be diftributed among the inhabitants for their information, and that a like number of the laws of the United States fliall be delivered to the governor and judges' of the territory fouth weft of the river- Ohio. Power oF Sec. 2. And be it further enaaed. That the Governoi i • i r- t • 1 & Judges governor and judges oi the territory north hcieiu. weft of the river Ohio ihall be, and hereby arc authorized to repeal their laws bv thcin made. ( i6i ) whenfoever the fame may be found to be Im- proper. Sec. 3. And be it further enabled. Tint the Power of official duties of the fccretaries of the faid ter- nes.'^'^'^^'^" ritories fliall be' under the control of fuch laws, as arc or may be in force in the faid territories. Sec. 4. And be it further enaSfed, That any One fu- one of the fupreme or fuperior iudges of the P''^'"^ faid territories, in the aoience or the other "hold judges, (hall be and hereby is authorized to <^°"f^- hold a court. Sec. 5. And be it further enacted. Thai: the •'"•"is by fecretary of ftate, provide proper feals for the vijed'.^'*^' feveral and refpettive public offices in the faid territories. Sec. 6. And be it further enaded^ That the li- T;eir li. mitation ad, pafTed by the governor and judges a"['^;'(°" of the faid territory, the twenty-eighth day of proved. " December, one thoufand feven hundred and eighty eight, be and hereby is difapproved. Sec. 7. And be it further enacted. That the Certninex- expenfes incurred by John Cleves Symmcs and P"^"'" "'' George Turner, two of the judges of the faid joL c. territory, in fending an exprefs, and in pur- ^ymmes, chafing a boat to go the circuit, in the year one ^' thoufand {cNtn hundred and ninety, fhail be liquidated by the officers of the treafury, and paid out of the treafury of the United States. JONATHAN TRUMBULL, Speaker of the Houfc of Reprefcntatives. RICHARD HENRY LEE, Prefident pro Umhorc of the Senate. Approved, May eighth, 1792. G^ WASHINGTON, Prefident of tlic United States, ( '6- ) CHAPTER XLIII. ACT to compoifate the fcrvices of the late Colonel George Gibson. E it enaBed by the Senate and Hou/e of Repre- B ^ fentatives of the United States of America^ be paid to ^^ Congrefs ajfeinbledy That there be allowed and theheirsof paid to the cxecutors or adminillrators of the Cd ^G ^^^^ colonel George Gibfon or to their attorney Gibfon. or attornies legally appointed and authorized to receive the lame for the ufe and benefit of his heirs, the fum of one thoufand dollars for extraordinary fervices by him rendered to the United States during the year one thoufand feven hundred and feventy-fix. ^ JONATHAN TRUMBULL, Speaker of the Houji of Reprefentatives. RICHARD HENRY LEE, Prefident pro tempore of the Senate. Approved, May eighth, 1792. G°. WASHINGTON, Prefident of the United States. CHAPTER XLIV. An ACT concerning the Claim of John Brown Cutting againji the United States. Sec. I. "13 E /■/ enabled by the Seiiate and Hoiife J3 of Reprefentaii-ves of the United States b^°?id to ^f ^^''^''^'^^5 ^'^^ Congrefs ajfembled^ That in con- john 13. fideration of certain expenditures on behalf of Cutting, tj-jg United States, made by John Brown Cut- ting in the year one thoufand feven hundred and ninety, there be advanced and paid to the faid John Brown Cutting, the fum of two thou- fand dollars, out of any public money not otherwife appropriated. Secretary Sec. 1. And be it further enaSled, That the of State to fecretary of date be authorized to enquire into report 011 , .■' , . c i r • 1 t i t-« ^ his entire the entire claim oi the laid John Brown Cut- claim a- iing, agpinft the United States, and upon re- S!"sl' '^ ceipt of the proof^j and exhibits in, fupport ( '63 ) thereof, to afcertain what fum fhall thereupon appear to be due to or from him, in account with the United States, including the advance hereby direded, and to report the fame to the next felTion of Congrefs. JONATHAN TR.UMBULL, Speaker of the Houfc of ReprefentaLives. RICHARD HENRY LEE, Prejidait pro tempore cj the Senate. Approved, May eighth, 1792. G°. WASHINGTON, Prefident of the United States. Y) ESOLVED, by the Senate and Houfe of Re^ _£V prefentatives of the United States of America, in Congrefs affejiibled. That the Secretary of the Treafury caufe to be provided, for the ufe of the feveral collectors in the United States, printed clearances, on the back whereof fliall be a print- ed account of the methods, which have been found to anfwer for obtaining frefli, from fait water, and of conftruding extempore ftills, of fuch implements, as are generally on board of every vefl'el, with a recommendation, in all cafes, where they (hall have occafion to refort to this expedient for obtaining water, to publifli the refult of their trial in fome gazette, on their return to the United States, or to communicate it for publication, to the office of the Secretary of State, in order that others may, by their fuc- cefs, be encouraged to make fmiilar trials, and be benefited by ai\y improvements or new ideas, which may occur to them in practice. JONATHAN TRUMJ3ULL, Speaker of the Houfe of Reprefentatives. RICHARD HENRY LEE, Prefident pro tempon of the Senate. Approved, May eighth, 1792. G°. WASHINGTON, Prefident of the United States. END OF THE FIRST SaSSION. A TREATY of Peace and Friendship made and con- cluded heivjeen the Prefident of the United States of America, on the part and behalf of the faid States, and the imderjlgned Chiefs and Warriors of the Cherokee Nation of Indians, on the part and behalf of the faid Nation. ^HE parties being defn-ous of eftablifliing permanent peace and friendlliip between the United States and the faid Cherokee Nation, and the citizens and members thereof, and to remove the caufes of war by afcertaining their limits, and making other necefiary, jufl and friendly arrangements : The Prefident of the United States, by William Blount, Governor of the territc^ry of the United States of America, fouth of the river Ohio, and Superintendant of Indian affairs for the fouthern diitritli, who is vefted with full powers for thefe purpofes, by and with the advice and confent of the Senate of the United States : And the Cherokee Nation by the underfigned Chiefs and Warriors reprc- fenting the faid nation, have agreed to the following articles, namely : Ap.ticle I. There fhall be perpetual peace and friendOiip be- tween all the citizens of the United States of America, and all the individuals ccmpofmg the whole Cherokee nation of Indians. Article II. The underfigned Chiefs and Warriors, for them.felves pnd all parts of the Cherokee nation, do acknowledge themfelves and the faid Cherokee nation, to be under the proteftion of the United States of America, and ot no other fovereign whofoever ; and they alfo ftipulatc that the faid Cherokee nation will not hold any treaty with any foreign power, individual Hale, or with indi^ viduais of anv ihite, ( '65 ) Article III. The Cherokee nation fliall deliver to the Governor of the territory of the United States of America, fouth of the river Ohio, on or before the firft day of April next, at this place, all perlbns who are now prifoners, captured by them from any part of the United States : And the United States fliall on or before the fame day, and at the fame place, reftore to the Cherokees, all the prifoners now in captivity, which the citizens of the United States have captured from them. Article IV. The boundary between the citizens of the United States and the Cherokee nation, is and fliall be as fol- lows : Beginning at the top of the Currahee mountain, where the Creek line paiTes it ; thence a direfl: line to Tugelo river ; thence north eaft to the Occunna moun- tain, and over the fame along the South-Carolina Indian boundary to the North-Carolina boundary ; thence north to a point from which a line is to be extended to the river Clinch, that fliall pals the Holfton at the ridge which divides the waters running into Little River from thofe ruiuiing into the Tenneffee ; thence up the river Clinch to CampbelTs line, and along the fame to the top of Cumberland mountain ; thence a diredt line to the Cumberland river where the Kentucky road crofles it ; thence down the Cumberland river to a point from wliich a fouth-wcil line will flrike the ridge which di- vides the waters of Cumberland from thofe of Duck river, forty miles above Nainville ; thence down the faid ridge to a point from whence a fouth weft line will ftrike the mouth of Duck river. And in order to preclude for ever all difputes rela- tive to the faid boundary, the fitme fliall be afccrtained, and marked plainly by three peribns appointed on the part of the United States, and three Cherokees on the part of their nation. And in order to extinguifli forever all claims of the Cherokee nation, or any part thereof to any of the land ( i66 ) lying to the right of the line above defcribed, begin- ning as aforefaid at the Ciirrahee mountain, it is hereby- agreed, that in addition to the confideration heretofore made for the faid land, the United States will caufe cer- tain valuable goods, to be immediately delivered to the underfigned Chiefs and Vv^arriors, for the ufe of their nation ; and the faid United States will alfo caufe the fum of one thoufand dollars to be paid annually to the faid Cherokee nation. And the underfigned Chiefs and Warriors, do hereby for themfelves and the whole Cherokee nation, their heirs and defcendants, for the confiderations above mentioned, reJeafe, quit-claim, rc- linqiiijh and cede, all the land to the right of the hne de- fcribed, and beginning as aforefaid. Article V. It is flipulated and agreed, that the citizens and in- habitants of the United States, fhall have a free and iinmolefted ufe of a road from Wafiiington diflrifl: to Miro diftrid, and of the navigation of the Tenneffee river. Article VI. It is agreed on the part of the Cherokees, that the United States fliall have the fole and exclufive right of regulating their trade. Article VII. The United States folemnly guarantee to the Chero- kee nation, all their lands not hereby ceded. Article VIII. If any citizen of the United States, or other, perfon not being an Indian, fhall fettle on any of the Cherokee's lands, fuch perfon fhall forfeit the protedion of the United States, and the Cherokees may punifli him or not, as they pleafe. Article IX. No citizen or inhabitant of the United States, fliall attempt to hunt or deftroy the game on the lands of the ( 167 ) Chcrokees, — nor fhall any citizen or inhabitant go into the Cherokee country, without a paffport firft obtained from the Governor of fome one of the United States, or territorial diflirids, or fuch other perfon as the Pre- fident of the United States may from time to time au- thorize to grant the fame. Article X. If any Cherokee Indian or Indians, or perfon refiding among them, or who fnall take refuge in their nation, fliall Ileal a horfe from, or commit a robbery or murder, or other capital crime, on any citizens or inhabitants of the United States, the Cherokee nation fhall be bound to deliver him or them up, to be punifhed according to the laws of the United States. Article XI. If any citizen or inhabitant of the United States, or of either of the territorial diftricts of the United States, Hiall go into any town, fettlement or territory belong- ing to the Cherokees, and fnall there commit any crime upon, or trefpafs againfl the peribn or property of any peaceable and friendly Indian or Indians, which ifcom« mitted within the jurifdidion of any (late, or within the jurifdidion of either of the faid diftricls, againfl a citizen or white inhabitant thereof, would be punilha- ble by the laws of fuch flate or dillrict, fuch offender or offenders, fhall be fubjecl to the fame puniflnnent, and fliall be proceeded againfl: in the fame manner as if the offence had been committed within the jurifdidion of the flate or diftrid to which he or they may belong, againft a citizen or white inhabitant thereof. Article XII. In cafe of violence on the perfons or property of the individuals of either party, neither retahation or re- prifal fhall be committed by the other, until fatisfadion fhall have been demanded of the party of which the aggreffor is, and fliall have been rcfufed. ( i68 ) Article XIII. Tlie Cherokees lliall glv€ notice to the citizens of the United States, of any defigns which they may know, or fufped: to be formed in any neighboring tribe or by any perfon whatever, ag::in(l the peace and interelt of the United States. Article XIV. That the Cherokee nation may be led to a greater degree of civilization, and to become herdfmen and cul- tivators, inftead of remaining in a ftate of hunters, the United States will from time to timefurnifh graruitoufly the faid nation with ufeful implements of hulbandry, and further to affift the faid nation in fo defireable a purfuit, and at the fame time to eflablilTi a certain mode of communication, the United States will fend fuch, and fo many perfons to refide in faid nation as they may judge proper, not exceeding four in number, who (hall qualify thenifelves to act as interpreters. — Thefe perfons fhall have lands afiigned by the Cherokees for cultivation for themfelves and their fucceiTors in office — but they fhall be precluded exercifmg any kind of traffic. Article XV. All animofities for pad grievances fiiall henceforth ceafe, and the contrafting parties will carry the forego- ing treaty into full execution with all good faith and fmcerity. Article XVI. This treaty fhall take effeft and be obligatory on the contrading parties, as foon as the fame lliall have been ratified by the Prefident of the United States, with the advice and confent of the Senate of the United States. In witness of all and every thing herein deter- mined between the United States of America and the whole Cherokee nation, the parties have hereunto fet their hands and feals, at the Treaty Ground on the bank of the Holdon, near the mouth of the French Broad, within the United States, this fecond day of July, in the ( i69 ) year of our Lord, one thoufand feven hundred and ninety-one. Wm. BLOUNT, (l.s.) Governor in and over the Territory of the United States of America fouth of the river Ohio, and Superintendant of Indian Affairs for the Southern Dipicl. -^ J Chuleoah, f or the Boots, Squollecuttah, f or Hanging Maw, Occunna, f or the Badger, Enoleh, f or Black Fox, Nontuaka, f or the Northward, Tekakifka, | Chutloh, f or Kingfiiher, Tuckafeh, f or Tarrapin, Kateh, f Kunnochatutloh, f or the Crane Cauquillchanah, f or the Thigh Chcfquottfcloneh, f or Yellow Bird Chlckafawrehe, f or Chikafaw Killer Tuilcegatehe f Tuikega Killer Kulfarehe, | Tinkflialene, | Sawutteh, f or Slave Catcher, ^fs Aukuah, | Oofenaleh, \ Kenotetah, f or Rifing Fawn Kaneteroka, f or Standing Turkey Yonewatleh, f or Bear at Home, Long Will, f Kunolkefkie, f or John Watts, Nenetooyah, f or Bloody Fellow, Chuquilatague, f or Double-Head, Koolaquah, f or Big Acorn, Toowayelloh, f or Bold Hunter, Jahle-oonoyehka, f or Middle Striker, Kinnefah, f or Cabin, Tullotehe, f or Two Killer, L. S. L. S. L. S* L. S. L. S. L. S. L. S. L. S. L. S. L. S' L. S. L. S. L. S. L. S. L.S. Kooloufke, f or Stopt Still, Kulfatehe, f Auquotague, f the Litte Turkey's Son. L. S. L. S. L. S. L. S. L. S. JL. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L. S. L.S. ( 17° ) Talohtefke, f or Upfetter, l. s. Cheakonefke, -f or Otter Lifter, L. s. Kediukaune, f or She Reigns, l. s. Toonaunailoh, f l. s. Teefteke, -f or Common Diflurber, l. s. Robin Mc. Clemore, l. s. Skyuka, -j- l. s. JohnThompfon, Interpreter, James Cery, Interpreter. DONE IN PRESENCE OF Dan. Smith, Secretary of the Territory of the United States, fouth of the River Ohio. Thos. Kennedy, ofKaintuckey. Jas. Robertfon, of Mero Diftricl:. Claiborne Watkins, of Virginia. Jno. M'Whitney, of Georgia. Fauche, of Georgia. Titus Ogden, North-Carolina. John Chifolm, of Waflienton DIftrid. Robert King. Thos. Gegg. ARMISTICE declaring a Ceffation of Hojiilities between the United States and Great-Britain. Done at Verfailles, 20th Jan. 1783. NOUS fouffignes Miniftres Plenipotentiaires des Etats-Unis de I'Amerique Septentrionale, a'lant re9u de la part de M. Fitzherbert, Miniftre Plenipo- tentiaire de fa Majefte Britannique, une Declaration re- lative a une fufpenfion d'armes a etablir entre fa dite Majefle et les dits Etats, dont la teneur s*en fuit. " Comme les articles preliminaires arretes et fignes aujourd'hui entre fa Majefle le Roi de la Grande Bre- tagne et fa Majefle le Roi Tres Chretien d'une part, et aulli entre fa dite Majefle Britannique et fa Majefle Ca- ( '7> ) tfiolique d'autre part, renferment la ftlpulation de la ceflation des hoftilites entre ces trois Puiifances ; laquel- le doit commencer apres I'echange des ratifications des dits articles preliminaires ; et comme par le traitc pro- vifionel figne le 30 Novembre dernier entre fa Majeftc Britannique et les Etats Unis de I'Amerique Septentrio- nale ; il a ete ftipule, que ce traite fortiroit fon effet auffitot que lapaix entre les dites couronnes feroit reta-- blie ; le fouffigne Miniftre Plenipotentiaire de fa Majeftc Britannique, declare au nom, et par ordre exprcs du Roi fon maitre, que les dits Etats-Unis de I'Amerique Septentrionale, leurs fujets, et leurs poffeffions, feront compris dans la fufpenfi^n d'armes fufmentionnee, et qu'ils jouiront en confequence du benefice de la ceffation des hoftilites aux memes epoques, et de la meme ma- niere que les trois couronnes fufdites, leurs fujets et leurs poifefTions refpeftives, le tout a condition, que de la part et au nom des dits Etats Unis de I'Amerique Sep- tentrionale, il foit delivre une declaration femblable qui conftate leur afTentiment a la prefente fufpenfion d'armes et renferme raffurance de la plus parfaite reciprocite de leur part. En foi de quoi, nous Miniftre Plenipotentiaire de fa Majeftc Britannique, avons fignc la prefente declara- tion, et y avons fait apofer le cachet de nos amies. A Verfailles le 2c. Jan. 1783^ (L. S. ) (Signe) ALLEYNE FITZ HERBERT." AVONS au nom des dius Etats-Unis de TAmerique Septentrionale et en vertu des pouvoirs dont ils nous ont munis, accepte la declaration ci-defTus, I'acceptons par ces prefentes purement et fimplement et declarons reciproquement que les dits Etats feront ceffer toutes hoftilites contre fa Majeftc Britannique, fes fujets et fes pofTeiTions aux termes et aux epoques convenus entre fa dire Majeftc le Roi de la Grande Bretagne, fa Majeftc le Roi de France et fa Majeftc le Roi d'Efpagne, ainfi, et de la \neme maniere qu'il a etc convenu entre ces trois couronnes, et pour produire le meme effet. ( 172 ) En foi de quot nous Miniftres Plenipotentialres, des Etats-Unis de I'Amerique Septentrionale avons figne la prefente declaration et y avons appofe les cachets de nos amies. A Verfailles le vingt Janvier, mil fept cent quatre-vingt trois. JOHN ADAMS. (L. S.) B. FRANKLIN. (L. S.) TRANSLATION. WE, the underfigned Miniflers Plenipotentiary of the United States of North America, having received from Mr. Fitz Herbert, Minilter Plenipotentiary of his Britannic Majefty, a declaration, relative to a fufpen- fion of arms, to be eflablifhed between his faid Ma- jefty and the faid States, the tenor whereof is as fol- lows: " WHEREAS, the preliminary articles agreed upon and figned this day, between his Majefty the King of Great Britain and his Majefty the Moft Chriftian PCing on the one part, and likewife between his faid Britan- nic Majefty and his Catholic Majefty on the other part, contain the ftipulation of a cefTation of hoftilities be- tween thofe three powers, which is to take place after the exchange of the ratifications of the faid preliminary articles : And whereas by the provifional treaty fign- ed on the thirtieth day of November laft between his Britannic Majefty and the United States of North Ame- rica, it hath been ftipulated that, that treaty (liould take eftedt as foon as peace fliould be eftabiifned between the faid crowns ;— The underfigned, Minifter Plenipoten- tiary of his Britannic Majefty, does declare, in the name and by the exprefs order of the King his mafter, that the faid United States of North America, their fubjefts and their pofleffions, fhail be comprehended in the above-mentioned fufpenfion of arms, and that, in confequence they ihall enjoy the benefit of the ceffa- tion of hoftilities, at the fame epochs, and in the fame manner as the three crowns above mentioned, their fubjecls and their refpedive pofleflions ; the whole up- ( ^72> ) on condition that on the part and in the name of the faid United States of North America, a fimilar declara- tion (hall be deUvered exprefsly declaring their affent to the prefent fufpenfion of arms, and containing the aflurances of the mofl perfect reciprocity on their part. In faith whereof, We, theMinifter Plenipotentiary of His Britannic Majcfty, have figned the prefent de- claration, and have caufed the feal of our arms to be thereto affixed. Verfailles 20th January 178'^. (l. s.) (Signed) ALLEYNE FITZHERBERT/' Have, in the name of the faid United States of North i^merica, and by virtue of the powers with which they have veiled us, accepted the above declara- tion, do by thefe prefents merely and limply accept it, and do reciprocally declare that the faid States fliall caufe all hoftilities to ceafe againil his Britannic Ma- jefty, his fubjecls and his poifeffions, at the terms and epochs agreed upon between his faid Majefly the King of Great-Britain, his Majefty the King of France, and his Majefly the King of Spain, fo, and in the fame man- ner as has been agreed between thofe three Crowns, and to produce the fame effects. In faith whereof. We, the Minifters Plenipoten- tiary of the United States of North America, have figned the prefent declaration, and have affixed thereto the feal of our arms. Verfailles the twentieth of January one thoufand feven hundred and eighty-three. (Signed) JOHN ADAMS, (L. S.) B. FRANKLIN. (L. S.) Copy of the firil and twenty fecond of the Prelimi- nary Articles, between France and Great-Britain, figned at Verfailles the twentieth January 1783. Article I. Auffitot que les preliminaires feront fig- nes et ratifies, I'amitie fmcere fera retablie entre fa Ma- jefle Trcs Chreticnne et fa Majefle Britannique, leurs Royaumes, Etats et Sujets par mer et par tcrre, dans ( 174 ) toutes les parties du monde ; il fera envoye des ordres aux armees et efcadres, ainfi qu'aux fujets des deux Paif- fances de cefler toute hoililite, et de vivre dans la plus parfaite union en oubliant le paffe, dont leurs fouverains leur donnent I'ordre et Texemple, et pour Texecution de cet article, il fera donne, de part et d'autre des paflfe- ports de mer aux vaiiTeaux qui feront expedies pour en porter la nouvelle dans les polTeffions des dites puif- fances. Article 2 2. Pour prevenir tous les fujets de plaintes et de conteftation qui pourroient naitre a roccafion des prifes qui pourroient, etre faites en mer depuis la Tigna- ture de ces articles preliiiiinaires, on eft convenu reci- proquement que les vailfeaux et efFets qui pourroient etre pris dans la Manche et dans les Mers du Nord, apres I'efpacede douze jours a compter depuis la ratification des prefents articles preliminaires, feront de part et d'autre reftitues ; Que le terme fera d'un mois depuis la Manche et les Mers du Nord, jufqu'aux Ifles Canaries inclu- fivement, foit dans Tocean ; foit dans la Mediterrannee; de deux mois depuis les dites Ifles Canaries, jufqu'a la ligne equinoxiale ou I'cquateur ; et enfin de cinq mois dans tous les autres endroits du monde, fans aucune ex- ception ni autre diftindlion plus particuliere de terns et de lieux. TRANSLATION. Art. I. As foon as the preliminaries fliall be figned and ratified, fmcere friendfliip Ihall be re-eftab- lifhed between His Moft Chriftian Majefty, and His Bri- tannick Majefty, their kingdoms, ftates, and fubjefts by fea and by land, in all parts of the world ; orders fliall be fent to the armies and fquadrons, as well as to the fub- jecls of the two powers, to ceafe all hoftilities, and to live in the moft perfect union, forgetting the paft, accord- ing to the order and example of their fovereigns ; and for the execution of this article fea-paffes fhall be given on each fide to the fhips which fhall be difpatched to car- ry the news to the poiTefrions of the faid powers. ( '75 ) Art. 2 2. To prevent all the caufes of complaint and difpute which might arife on account of the prizes which may be taken at fea after the figning of thefe preliminary articles ; it is reciprocally agreed that the veffels and cfFedls which may be taken in the Channel and in the North Seas, after the fpace of twelve days, to be com- puted from the ratification of the prefent preliminary ar- ticles, fhall be reftored on each fide. That the term fhall be of one month from the Channel and the North Seas to the Canary Iflands inclufively, whether in the Ocean or in the Mediterranean ; of two months from the faid Canary Iflands to the Equinoxial line or Equa- tor ; and laftly, of five months in all other parts of the world, without any exception, nor other more particu- lar diltindtion of times and places. TABLE OF CONTENTS. A. MENDMENtS to the Confiitution of the United States Page 3 Ratifications of the amendments to the Conftitution of the United States by the ftateof New-Jerfey - - 6 Maryland - - 7 North- Carolina - - 8 South -Carolina _ - 9 New-Hampfliire - - 10 Delaware - - ibid. New -York - - II Pennfylvania - - 13. 15 Rhode-Ifland - - 15 Vermont - - - 16 Virginia - - " '7 An Atl granting farther time for makinc; return of the enumeration of the inhabitants in the diflrift of SouthrCarolina - - 21 An Aft for the rehef of David Cook and Thomas Campbell - 22 An AQ. makins; appropriations for the fupport of government for the year one thoufand feven hundred and ninety-tv.'O - - 23 An Aft for carrying into effeft a contraft between the United States and the ftate of Pennfylvania _ . _ 29 An Aft to extend the time limited for fettling the accounts of the United States with the individual ftates - _ . - 30 An Aft concerning certain fifiieries of the United States, and for the regu- lation and government of the fiiliermen employed therein - 31 An Aft to eftablifli the poft-office and pod-roads within the United States 37 An Aft relative to the eleftion of a Prefidcnt and Vice-Prefident of the United States, and declaring the officer who fnall aft as Prefident in cafe of vacancies in the ofSces both of Prefident and Vice- Prefident 53 An Afi for making farther and more effectual provifion for the proteftion of the frontiers of the United States . - -57 An Aft declaring the confent of Congrefs to a certain aft of the ilate of Ma- ryland, and to continue for a longer time an aft declaring the aflent of Congrefs to certain afts of the flates of Maryland, Georgia and Rhode- Ifland and Providence Plantations, fo far as the fame refpefts the ftates of Georgia, and Rhode-Ifland and Providence Plantations - 62 An Aft to provide for the fettlcmenf of the claims of widows and orphans barred by the limitations heretofore eftabliflied, and to regulate the claims to invalid pcnfions - _ . _ 6^ An Aft providing for the fettlement of the claims of perfons under parti- cular circumflances barred by the limitations heretofore eftablifhed 67 An Aft for the relief of certain widows, orphans, invahds and other perfons 63 CONTENTS, ii An Aft fupplemental to the a£l for making farther and more effeflual provifion for the protedion of the frontiers of the United States 71 An aft for finifhingthc light-houfe on Baldhead, at the mouih of Cape- Fear river, in the ftate of North-CaroUna - - ibid. An AfteftabUfliingamiiit, and regulating the coins of the United States 72 An Aft fupplementary to the aft for the eftablifhment and fupport of light- hoafes, beacons, buoys and public piers - - 83 An Aft to ereft a light-houfe on Montok- Point, in the ftate of New- York 83 An Aft for afcertalning the bounds of a craft of land purchafed by John ClevesSymmes - - - - ihid. An Aft for fixinj the compenfations of the door-keepers of the Senate and HoufeofReprefentativesinCongrefs - - 84 At Aft for altering the times of holding the circuit courts, in certain dif- trifts of the United States, and for other purpofes - 85 An Aft tocompsnfate the corporation of truflees of the public grammar fchool and academy of Wilmington, in the ftate of Delaware, for the oc- cupation of, and damages done to the faid fchool, during the late war 88 An Aft for apportioning reprefentatives among the feveral ftates accord- ing to the fiift enumeration _ . . _ gg An Aft concerning confuls and vice-confuls - - go An Aft authorizing the grant and conveyance of certain lands to the Ohio Company of Affociates - - - - 96 An Aft to indemnify the eftate of the late major-general Nathaniel Green, , fora certain bond entered into by him during the late war - gn An Aft for raifing a farther fum of money for the proteftion of the frontiers, ' and for other purpofes therein mentioned - - loi An Aft to provide for calling forth the militia to execute the lasvs of the Union, fupprefs infurreftions, and repel invafions - m An Aft for the relief of perfons imprifoned for debt - - 1 15 An Aft authorizing the grant and conveyance of certain lands to John ClevesSymmes,and hisaflbciates _ . _ 117 An Aft to alter the time for the next annual meeting of Congrefs 119 An Aft concerning the duties on fpii its diftilled within the United States ibid. An Aft more effeftually to provide for the national defence by eftablifhing an uniform militia throughout the United States - - 128 An Aft relative to the compenfations to certain officers employed in the colleftion of the duties of impofl and tonnage - - 134 An Aft to continue in force the aft intituled, " An Aft to provide for mi- tigating or remitting the penalties and forfeitures accruing under the re- venue laws in certain cafes," and to make further provifion for the pay- ment of penfions to invalids - - - 138 Afl Aft for regulating proceffes in the courts of the United States, and providing compenfations for the officers of the faid courts, and for jurors and witneffes - - - — 139 An Aft making alteratious in the Trea(ury and War departments 146 ii; C O N t K N T s. An A£l fupplementary to the aft making provifion for the debt of the United! States . . - . . i^t An /.ft to provide for a copper coinage . _ _ j^^ An Aft for making compenfations to the commiffioncrs of loans for extra- ordinary expenfes - - - - "^57 An Aft making certain appropriations therein fpecified - ihii'- An Aft refpefting the government of the territories of the United States northwefl and fouth of the river Ohio _ _ - i6(3 An Afttocompenfate the fervices of the late mlrmel (George Gibfon 163 An Aft concerning the claim of John Brown Cutting againft the United States - - . _ _ - ihid, Herdve, direfting the Secretary of the Ticafury to furnifh the feve- ral colleftors v.iih printed clearances, flating the accounts of the me- thods that have bcenufed to obtain frefh from fait water, &e. - 163 Treaty of peace with the Cherokee nation of Indians - 164 Aimiflice dec!?rii!g a ccffation of hofiilitics between the United States and Great- tiitain - - - - 170