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Acts of Congress.
ACTS OF THE THIRD SESSION OF THE FIFTH CONGRESS.
An Act for the punishment of certain crimes therein and the other half to the use of any person or per. specified.
sons, citizens of the United States, who will inBe it enacted, f-c., That if any person, being a form and prosecute for the same; and shall be liacitizen of the United States, whether he be actually ble to be seized, and may be prosecuted and cooresident, or abiding within the United States, or demned, in any circuit or district court of the in any foreign country, shall, without the permis- United States, which shall be holden within or sion or authority of the Government of the Uni- for the district where the seizure shall be made. ted States, directly or indirectly, commence, or
Sec. 2. And be it further enacted, That from carry on, any verbal or written correspondence or and after the passing of this act, no clearance for a intercourse with any foreign Government, or any foreign voyage shall be granted to any ship or officer or agent thereof, with an intent to influence vessel, owned, hired, or employed, wholly or in the measures or conduct of any foreign Govern- part, by any person resident within the United ment, or of any officer or agent thereof, in rela- States, until a bond shall be given, to the use of tion to any disputes or controversies with the Uni- the United States, wherein the owner or employer, ted States, or defeat the measures of the Govern- if usually resident or present where the clearance ment of the United States; or if any person, being shall be required, and otherwise his agent or faca citizen of, or resident within the United States, tor, and the master or captain of such ship or resand not duly authorized, shall counsel, advise, aid sel, for the intended voyage, shall be parties, in a or assist in any such correspondence, with intent, sum equal to the value of the ship or vessel, and as aforesaid, he or they shall be deemed guilty of to one-third of the value of her cargo, and shall a high misdemeanor, and on conviction before any one-half of the amount of the principal sum, with
find sufficient surety or sureties to the amount of court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding condition that the same shall not, during her infive thousand dollars, and by imprisonment during tended voyage, or before her return within the a term not less than six months, nor exceeding United States, proceed or be carried, directly or indithree years: Provided always, That nothing in rectly, to any port or place within the territory of the this act contained shall be construed to abridge the French Republic, or the dependencies thereof, or right of individual citizens of the United States any place in the West Indies, or elsewhere, under to apply, by themselves, or their lawful agents, to the acknowledged Government of France, unless any foreign Government, or the agents thereof, for by actual force and violence, to be fully proved and the redress of any injuries in relation to the person and that such vessel is not, and shall not be, em
manifested before the acquittance of such bond. or property which such individuals may have sustained from such Government, or any of its agents, ployed, during her intended voyage, or before her citizens, or subjects.
return, as aforesaid, in any traffic or commerce, Approved, January 30, 1799.
with or for any person resident within the territory of that Republic, or in any of the dependen
cies thereof: Provided, That in no case the sureAn Act further to suspend the commercial intercourse ty or sureties shall be answerable for more than
between the United States and France, and the de- ten thousand dollars. pendencies thereof.
Sec. 3. And be it further enacted, That, from Be it enacted, f-c., That from and after the third and after the said third day of March, no French day of March next, no ship or vessel owned, hired, ship or vessel, armed or unarmed, commissioned or employed, wholly, or in part, by any person resi- by or for, or under the authority of the French dent within the United States, and which shall de Republic, or owned, fitted, hired, or employed by part therefrom, shall be allowed to proceed directly, any person resident within the territory of that or from any intermediate port or place, to any port Republic, or any of the dependencies thereof, or or place within the territory of the French Repub- sailing or coming therefrom, (excepting as is lic, or the dependencies thereof, or to any place in hereinafter excepted,) shall be allowed an entry, the West Indies, or elsewhere, under the acknow- or to remain within the territory of the United ledged Government of France, or shall be employ- States, unless driven thither by distress of weaed in any traffic or commerce with or for any per- ther or in want of provisions. And if, contrary son resident within the jurisdiction, or under the to the intent hereof, any such ship or vessel shall authority of the French Republic.' And if any be found within the jurisdictional limits of the ship or vessel, in any voyage thereafter commen- United States, not being liable to seizure for any cing, and before her return within the United other cause, the company having charge thereof States, shall be voluntarily carried or suffered to shall be required to depart and carry away the proceed to any French port or place, as aforesaid, same, avoiding all unnecessary delay; and if they or shall be employed, as aforesaid, contrary to the shall, notwithstanding, remain, it shall be the duty intent hereof, every such ship or vessel, together of the collector of the district wherein, or nearest with her cargo, shall be forfeited; and 'shall ac- to which, such ship or vessel shall be, to seize and crue, the one half to the use of the United States, detain the same, at the expense of the United
Acts of Congress.
States: Provided. That, in case of vessels hereby be restored ; and the said judge shall thereupon prohibited, which shall be driven by distress of inquire, in a summary manner, into the circumweather, or want of provisions, into any pori or stances of the case, first causing reasonable notice place of the United States, they may be suffered to be given to the attorney of the United States to remain under the custody of the collector there, for such district, and to the collector of the disor nearest thereto, until suitable repairs or sup- trict by whom such seizure or detention hath been plies can be obtained; and as soon as may be or shall be made, that each may have an opportuthereafter, shall be required and suffered to de- nity of showing cause against the prayer of such part; but no part of the lading of such vessel shall petition ; and shall cause the facts which shall apbe taken out, or disposed of, unless by the special pear upon such inquiry, to be stated and annexed permit of such collector, to defray the unavoida- io the petition, and direct their transmission to the ble expense of such repairs or supplies.
Secretary of the Treasury; and if it shall appear Sec. 4. Provided, and be it further enacted, to his satisfaction, that such ship or vessel was That, at any time after the passing of this act, it captured or driven into such port or place by disshall be lawful for the President of the United tress of weather, or want of provisions, or was unStates, if he shall deem it expedient and consist- avoidably detained and delayed by some embargo, ent with the interests of the United States, by his arrest, capture, contrary winds, or other unavoidaorder, to remit and discontinue, for the time be- ble casualty, without any fault
, wilful negligence, ing, the restraints and prohibitions aforesaid, either or intention to evade the provisions of the act bewith respect to the French Republic, or to any fore mentioned, or of this act, in any such claimisland, port, or place belonging to the said Re- ant, the Secretary of the Treasury shall order the public, with which a commercial intercourse may restoration of said vessel and cargo to such claimsafely be renewed; and also to revoke such order, ant, upon such terms and conditions as he may whenever, in his opinion, the interest of the Uni- deem reasonable and just; otherwise, and in all ted States shall require; and he shall be, and cases wherein such petition shall not be presented, hereby is, authorized to make proclamation there every ship or vessel that has arrived since the said of accordingly.
first day of December from any port or place in Sec. 5. id be it further enacted, That it shall the French Republic, or the dependencies therebe lawful for the President of the United States of, or which shall hereafter arrive within any to give instructions to the commanders of the port or place of the United States, unless driven public armed ships of the United States, to stop by stress of weather or want of provisions, shall and examine any ship or vessel of the United be liable to be prosecuted and condemned in the States on the high sea, which there may be rea- same manner, and to the same uses, as are proson to suspect to be engaged in any traffic or vided in and by the first section of this act; and commerce contrary to the true tenor hereof; and like proceedings shall also be had, and like forfeitif . upon examination, it shall appear that such ures incurred, as are herein provided, with respect ship or vessel is bound or sailing to any port or to vessels coming from France, and the dependenplace within the territory of the French Repub- cies thereof, in all cases when any ship or vessel shall lic or her dependencies, contrary to the intent of arrive in any port or place of the United States, this act, it shall be the duty of the commander of from any port or place with which all commersuch public armed vessel, to seize every ship or cial intercourse shall be prohibited by proclamavessel engaged in such illicit commerce, and send tion, according to the intent of this act. the same to the nearest port in the United States; Sec. 7. Provided, and be it further enacted, and every such ship or vessel, thus bound or sail- That nothing in this act contained, shall extend ing to any such port or place, shall, upon due to any ship or vessel to which the President of the proof thereof, be liable to the like penalties and United States shall grant a permission to enter forfeitures as are provided in and by the first sec- or to clear; which permission he is hereby aution of this act.
thorized to grant to vessels which shall be solely Sec. 6. And be it further enacted, That when- employed in any purpose of political or national ever any ship or vessel, owned wholly or in part
, intercourse, or to aid the departure of any French or employed by any citizen or citizens of the Uni- persons, with their goods and effects, who shall ted States, and coming from any port or place have been resident within the United States, when the dependencies thereof, which has arrived with- "Sec. 8. And be it further enacted That this in any port or place of the United States since the act shall continue and be in force until the third first day of December last past, or which shall day of March, in the year one thousand eight hereafter arrive, hath been, or hereafter shall be, hundred. seized and detained by virtue of this act, or of Approved, February 9, 1799. an act, entitled "An act to suspend the commercial intercourse between the United States and France, and the dependencies thereof." it shall be An Act respecting balances reported against certain lawful for any person claiming such ship or ves
States, by the commissioners appointed to settle the sel, to prefer his petition to the judge of the dis
accounts between the United States and the several trict in which such seizure shall be made, setting forth the circumstances of his case, and to pray
Be it enacted, fc., That if any State against that the same ship or vessel, and her cargo, may which a balance was reported by the commis
Acts of Congress.
sioners appointed to settle the accounts between An Act to amend an act, entitled “ An act giving effect the United States and the several States, shall, on to the laws of the United States within the district or before the first day of April, one thousand eight of Tennessee." hundred, by a legislative act engage to pay into Be it enacted, fc., That any person who shall the Treasury of the United States, within five years commit an offence against the laws of the United after passing such legislative act, or to expend, States, on the east side of Cumberland mountain. within the time last mentioned, in erecting, enlarg- within the district of Tennessee, shall not be held ing or completing any fortifications for the defence to answer at the court at Nashville, or any other of the United States at such place or places, the place, on the west side of said mountain, and that jurisdiction whereof having been, previously, to any person who shall commit an offence against such expenditure, ceded by such State to the Uni- the laws of the United States on the west side of ted States, with reservation that process civil and said mountain, within the said district, shall not criminal issuing under authority of such State. be held to answer, at the court at Knoxville, or any may be served and executed therein, and accord- other place, upon the east side of said mountain; ing to such plan or plans as shall be approved by but that all persons who shall commit offences the President of the United States, a sum in money, against the laws of the United States (within the or in stock of the United States, equal to the said district) shall be held to answer in the court balance reported as aforesaid, against such State, on that side of the said mountain, where such ofor to the sum assumed by the United States in the fence shall have been committed. debt of such Stale, such payment or expenditure, Sec. 2. And be it further enacted, That any when so made, shall be accepted by the United suits which shall be brought by the United States, States, as a full discharge of all demands on ac- in the district court of Tennessee, against any count of said balance; and the President of the person residing on the east side of said mountain United States shall be, and hereby is, authorized shall not be returned to the court at Nashville, on to cause credit to be given to such State on the the west side of the said mountain, and that any books of the Treasury of the United States accord-suits which shall be brought by the United States ingly: Provided however, That no more than against any person residing upon the west side of one-third part of the whole payment or expendi- said mountain, shall not be returned to the coun ture that may be made by any such State shall be at Knoxville, on the east side of the said mountain. made in three per cent. stock, nor more than one- But that all suits which shall be brougbe by the third part of the remaining-two thirds shall be United States, against any person or persons, residmade in deferred stock; And provided also, That ing on the respective sides of the said mountain, any such State may obtain a discharge, as afore shall be returned to the court, on that side of the said, by the payment or expenditure of a sum of shall mountain where the defendant or defendants money, sufficient in the opinion of the Secretary said reside, or be found at the time of bringing of the Treasury, to purchase, at market price, the such suit or suits. different species of stock, the payment or expendi- Sec. 3. And be it further enacted, That the ture of which would be accepted as a full discharge, western foot of Cumberland mountain shall be as aforesaid.
the boundary, dividing the jurisdiction of the eastSec. 2. Provided always, and be it further en- ern, from the western side of said mountain. acted, That if any such State, as aforesaid, shall Sec. 4. And be it further enacted, That all suits have
expended since the establishment of the pres which may be brought as aforesaid, shall be proent Government of the United States, any sum of ceeded upon to final judgment in the court wheremoney in fortifying any place since ceded by such in such suit or suits shall have been originally reState to the United Siates, or which may be so turned, and it shall be the duty of the clerk for ceded, within one year after the passing of this the district of Tennessee, to keep two separate act, such expenditure baving been ascertained dockets, for the purposes aforesaid—one for the and proved to the satisfaction of the Secretary of court at Nashville, and one for the court at Knoxthe Treasury, shall be taken and allowed as part ville: Provided, That nothing in this act shall be of the expenditure intended by this act.
so construed as to prevent writs of execution issued Approved, February 15, 1799.
from either of the said courts being executed on
the person or property of the defendant or defenAn Act to authorize the reimbursement of moneys ex- dants, in any part of the district of Tennessee, in
pended in rendering aid to sick and destitute Amer. the same manner as if this act had never been ican seamen, in foreign countries.
made. Be it enacted, c., That the Secretary of State
Approved, February 19, 1799. be, and hereby is, authorized, under the direction of the President of the United States, to reimburse such reasonable advances of money, as have been An act appropriating a certain sum of money to defray made, or, during the present year, may be made, the expense of holding a treaty or treaties with the by the Consuls of the United States in affording
Indians. relief to sick and destitute Ainerican seamen, in Be it enacted, foc., That a sum not exceeding foreign countries, or in aiding them to return to twenty-five thousand dollars, be appropriated to their homes, beyond the sum allowed by law for defray the expense of such treaty or treaties as
the President of the United States shall deem eiApproved, February 19, 1799.
pedient to bold with the Indians: Provided, noth
Acts of Congress. ing in this act contained shall be construed to ad- and entered into with the chiefs of the Chickamit an obligation on the part of the United States saw nation, in Philadelphia, on the fifteenth July, to extinguish, for the benefit of any State or indi- one thousand seven hundred and ninety-four, to vidual citizen, Indian claims to any lands lying pay to the said nation goods to the amount of within the limits of the United Siates; and that three thousand dollars annually: And the treathe compensation to be allowed to any of the Com-ty made and concluded at Tellico, with the missioners appointed, or who may be appointed, Cherokee tribe or nation, on the second day of for negotiating such treaty or treaties, shall not October, one thousand seven hundred and ninetyexceed, exclusive of travelling expenses, the rate eight; and a treaty of Holston, mentioned in the of eight dollars per day, during the time of actual same: The money arising under the revenue service of such Commissioner.
laws of the United States, which have been hereSec 2. And be it further enacted, That the sum tofore passed, and not already appropriated to any aforesaid shall be paid out of any moneys in the other purpose, that is to say, so much thereof as Treasury of the United States, not otherwise ap- may be necessary, be, and is hereby, pledged and propriated.
appropriated for the payment of the annuities Approved, February 19, 1799.
stipulated as aforesaid, to be paid to the said In
dian tribes or nations, and to continue so pledged An Act fixing the pay of the captains and command and appropriated so long as the said treaties and ers of ships and vessels of war of the United States
agreement shall be in force. And that a further Be it enacted, fc., That all the vessels in the aforesaid, be, and hereby is, appropriated to defray
sum of ten thousand dollars, out of the money service of the United States, mounting twenty the cost of transportation, and other contingent guos and upwards, be commanded by captains ; charges which may arise from the payment of ihose not exceeding eighteen guns (except galleys said annuities, according to the stipulations made which are to be commanded, as heretofore pro- and entered into with the aforesaid nations, tribes, vided by law) by masters or lieutenants, accord
or Indians. ing to ihe size of the vessel, to be regulated by the President of the United States.
Approved February 25, 1799. Sec. 2. And be it further enacted, That the pay of captains commanding ships of thirty-two guns
An Act respecting quarantines and health laws. and upwards, be one hundred dollars per month, and eight rations per day; of captains command other restraints, which shall be required and es
Be it enacted, fc., That the quarantines and ing ships of twenty and under thirty-two guns, tablished by the health laws of any State, or seventy-five dollars per month, and six rations per day; of a master commandant, sixty dollars
pursuant thereto, respecting any vessels arriving
per month, and five rations per day; and of lieuten-in, or bound to, any pori or district thereof, wheants, who may command the smaller vessels, fifty district of the United States, shall be duly observ
ther from a foreign port or place, or from another dollars per month, and four rations per day.
Sec. 3. And be it further enacted, That when- ed by the collectors, and all other officers of the ever any officer, as aforesaid, shall be employed in revenue of the United States, appointed and emthe command of a squadron, on separate service, ployed for the several collection districts of such the allowance of rations to such commanding of- State, respectively, and by the masters and crews ficer shall be doubled during the continuance of of the several revenue cutters, and by the militasuch command, and no longer, except in the case ry officers who shall command in any fort or staof the commanding officer of the navy, whose al- tion upon the seacoast; and all such officers of lowance, while in service, shall always be at the the United States shall be, and they hereby are, rate of sixteen rations per day.
authorized and required, faithfully to aid in the Approved February 25, 1799.
execution of such quarantines and health laws, according to their respective powers and pre
cincts, and as they shall be direcied from time to An Act making appropriations for defraying the ex- time by the Secreiary of the Treasury of the United
penses which may arise in carrying into effect cer- States. And the said Secretary shall be, and he is tain treaties between the United States and several hereby authorized, when a conformity to such quartribes or nations of Indians.
antines and health laws shall require it, and in reBe it enacted, fc., That for the purpose of de- spect to vessels which shall be subject thereto, to fraying the expenses which may arise in carrying prolong the terms limited for the entry of the same, into effect the following treaties, viz: A treaty and the report or entry of their cargoes, and to vary made and concluded with the Creeks, at the city or dispense with any other regulations applicable of New York, on the seventh day of April, one to such reports or entries: Provided, that noththousand seven hundred and ninety, and a further ing herein shall enable any State to collect a duty treaty with the said Creeks, made and concluded of tonnage or impost, without the consent of the at Colerain, in the State of Georgia, on the twen- Congress of the United States thereto: And proty-ninth of June, one thousand seven hundred and vided, that no part of the cargo of any vessel pinety-six: A treaty made and concluded with sha in any case, be taken out, or unladen therethe chiefs and warriors of the Six Nations, on from, otherwise than as by law is allowed, or acthe eleventh of November, one thousand seven cording to the regulations hereinafter established. hundred and pinety-four : An agreement made Sec. 2. And be it further enacted, That when,
Acts of Congress.
by the health laws of any State, or by the regula- such collector and officers may exercise the same tions which shall be made pursuant thereto, any authorities, and shall be liable to the same duties, vessel, arriving within a collection district of such according to existing circumstances, as in such State, shall be prohibited from coming to the port lawful port or district; and of such removal, pubof eniry or delivery by law established for such lic notice shall be given as soon as may be. district, and it shall be required or permitted by Sec. 5. And be it further enacted, That it shall such health laws, that the cargo of such vessel be lawful for the judge of any district court of shall or may be unladen at some other place with the United States, within whose district any conin or near to such district, the collector author- tagious or epidemical disease shall at any time ized therein, after due report to him of the whole prevail
, so as, in his opinion, to endanger the life of such cargo, may grant his special warrant or or lives of any person or persons contined in the permit for the unlading and discharge thereof, prison of such district, in pursuance of any law under the care of the surveyor, or of one or more of the United States, to direct the marshal to inspectors, at some other place where such health cause the person or persons confined as aforesaid. laws shall permit, and upon the conditions and re- to be removed to the pext adjacent prison where strictions which shall be directed by the Secre- such disease does not prevail, there to be confined tary of the Treasury, or which such collector until he, she, or they may safely be removed back may, for the time, reasonably judge expedient for to the place of their first confinement; which rethe security of the public revenue : Provided, movals shall be at the expense of the United That in every such case, all the articles of the States. cargo so to be úpladen shall be deposited at the risk Sec. 6. And be it further enacted, That, in case of the parties concerned therein, in such public, or of the prevalence of a contagious or epidemical disother warehouses or inclosures, as the collector ease at the seat of Government, it shall be lawial shall designate, there to remain under the joint for the President of the United States to permit custody of such collector, and of the owner or and direct the removal of any or all the public of. owners, or master, or other person having charge fices to such other place or places, as, in his disof such vessel, until the same shall be entirely un cretion, shall be deemed most safe and convenient laden or discharged ; and until the goods, wares, for conducting the public business. or merchandise, which shall be so deposited, may Sec. 7. And be it further enacted, That, whenbe safely removed, without contravening such ever, in the opinion of the chief justice, or in health laws; and when such removal may be al- case of his death, or inability, of the senior assolowed, the collector having charge of such goods, ciate justice of the Supreme Court of the United wares, or merchandise, may grant permits to the States, a contagious sickness shall render it hazrespective owners or consignees, their factors or ardous to hold the next stated session of the said agents, to receive all goods, wares, or merchan- court at the seat of Government, it shall be lawful dise, which shall be entered, and whereof the du- for the chief or such associate justice, to issue his ties accruing shall be paid or secured, according order to the marshal of the district within wbich to law, upon the payment by them of a reason- the Supreme Court is by law to be holden. directable rate of storage; which shall be fixed by the ing him to adjourn the said session of the said Secretary of the Treasury for all public ware- court to such other place within the same, or an houses and inclosures.
adjoining district, as he may deem convenient; Sec. 3. And be it further enacted, That there and the said marshal shall thereupop adjourn the shall be purchased or erected, under the orders of said court, by making publication thereof in one the President of the United States, suitable ware- or more public papers printed at the place by law houses, with wharves and inclosures, where goods appointed for holding the same, from the time he and merchandise may be unladen and deposited, shall receive such order, until the time by law prefrom any vessel which shall be subject to a quar- scribed for commencing the said session. And the antine, or other restraint, pursuant to the health district judges shall, respectively, under the same laws of any State as aforesaid, at such convenient circumstances, have the same power, by the same place or places therein, as the safety of the public means, to direct adjournments of the district and revenue, and the observance of such health laws circuit courts within their several districts, to may require.
some convenient place within the same, respectSec. 4. And be it further enacted, That when, ively. by the prevalence of any contagious or epidemi- Sec. 8. And be it further enacted, That the act
, cal disease, in or near the place by law establish- entitled "An act relative to quarantine," passed ed, as the port of entry for any collection district, in the first session of the fourth Congress of the it shall become dangerous or inconvenient for the United States, shall be, and the same is hereby collector and the other officers of the revenue em-repealed. ployed therein, to continue the discharge of their Approved, February 25, 1799. respective offices at such port, the Secretary, or, in his absence, the Comptroller of the Treasury of the United States, may direct and authorize
An Act for the augmentation of the Navy. the removal of the collector, and the other offi- Be it enacted, 4-c., That, under the orders of the cers employed in his department, from such port, President of the United States, and in addition to to any other more convenient place, within, or as the naval armament already authorized by law, near as may be, to such collection district, where there shall be built within the United States, six