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ABSTRACT
of the
LAWS AND PUBLIC ACTS.
LVI. THE operation of the act to prohibit the importation of certain
goods, wares, and merchandize, is suspended by this act till the 1st
day of July, 1807.
All penalties, fines, and forfeitures incurred under that act are re-
mitted, on payment by the parties of all costs accruing before notice
of this act shall have been received by the attornies of the several dis-
tricts of the United States.
The president of the United States is authorised to suspend the
operation of the act, if in his judgment the public interest require it:
provided such suspension do not extend beyond the second Monday
in December, 1807.
LVII. For defraying the expences of the navy of the United States,
during the year 1807, the following sums are appropriated by this act:
For the pay and subsistence of the officers and pay of the seamen,
296,048 dollars:
For provisions, 120,850 dollars and 3 cents:
For medicines, instruments, and hospital stores, 5000 dollars:
For repairs of vessels, 190,208 dollars and 67 cents:
For freight, store rent, commissions to agents, and other contingent
expences, 75,000 dollars:
For pay and subsistence of the marine corps, including provisions
for those on shore, and forage for the staff, 78,678 dollars and 30
cents:
For clothing for the same, 14,360 dollars:
For military stores for the same, 560 dollars:
For medicine, medical services, hospital stores, and all other ex-
pences on account of the sick belonging to the marine corps, 1150
dollars:
For quarter-master's and barrack-master's stores, officers' travelling
expences, armourer's and carpenter's bills, fuel, premium for enlisting,
musical instruments, bounty to music, and other contingent expen-
ces, 8145 dollars:
For the expence of navy yards, comprising docks and other im-
provements, pay of superintendants, store-keepers, clerks, and labour-
ers, 60,000 dollars:
For ordance, 50,000 dollars.
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LVIII. For defraying the expence of the military establishment of
the United States, for the year 1807, for the Indian department, and
for the expence of fortifications, arsenals, magazines, and armouries,
the following sums are appropriated by this act:
For the pay of the army of the United States, 302,952 dollars:
For forage, 4608 dollars:
For the subsistence of the army and corps of engineers, 235,552
dollars and 50 cents:
For clothing, 85,000 dollars:
For bounties and premiums, 15,000 dollars:
For the medical and hospital departments, 15,000 dollars:
For camp equipage, fuel, tools, and transportation, 90,000 dollars:
For fortifications, arsenals, magazines, and armouries, 218,542 dol-
lars and 5 cents:
For purchasing maps, plans, books, and instruments, 1500 dollars:
For contingencies, 18,000 dollars:
For the payment of balances ascertained, during the years 1806 and
1807, from actual settlements by the accountant of the war depart-
ment, and which cannot be discharged out of any existing appropria-
tion, 8000 dollars:
For the Indian department, 100,600 dollars.
LIX. The proper accounting officers are ordered by this act to
liquidate and adjust with George Little the account of damages, in-
terest, and charges, in the case of the brig Flying-Fish, captured by
him while commander of the frigate Boston, in the service of the
United States, during the year 1799, and afterwards libelled in the
district court of the United States for the district of Massachusetts;
in which case judgment was ultimately rendered by the circuit court,
in pursuance of a decision of the supreme court of the United States.
LX. Instead of the times heretofore established by law for the
sessions of the circuit court for the district of North Carolina, they
shall hereafter commence on the 12th day of May and the 12th day
of November in each year. And all actions and proceedings, civil or
criminal, commenced in the said court, and all recognizances re-
turnable to the said court on the 20th day of June, 1807, shall be con-
tinued in the session to be holden by this act, and the same proceed-
ings had thereon as heretofore, and shall have all the effect as if the
alteration had never been made: provided, when the 12th day of May
or the 12th day of November shall happen on Sunday, the next suc-
ceeding day shall be the first juridical day of the term.
The district courts of the United States for the district of North
Carolina shall commence on the following days, instead of the times
heretofore established: at Wilmington, for the district of Cape Fear,
on the first Mondays in February, June, and October; at Newbern, for
the district of Pamptico, on the Friday next after the first Mondays in
February, June, and October; and at Edenton, for the district of Al-
bemarle, on the first Tuesday which shall follow the Friday next af-
ter the first Mondays in February, June, and October. And all ac-
tions or proceedings, commenced or depending in any of the district
courts of the district of North Carolina, shall be continued over and
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have day in the next district court to be holden in the several districts
as hereby established.
LXI. The secretary of the navy shall place on the navy list of in-
valid pensioners of the United States Seth Harding, late a captain in
the navy of the United States, who has been so disabled in the line
of his duty, while in service, that he is unable to support himself by
labour; and who shall receive one-half his monthly pay of a captain in
the navy, to commence from the 1st day of January, 1804.
LXII. All persons who, being indebted to the United States for du-
ties on merchandize, have given bond therefor, with one or more sure-
ties, to the collector for the district of Portsmouth, in New Hamp-
shire, or to the collector of the district of Boston and Charleston, and
who have suffered a loss of property by the late conflagration at Ports-
mouth, shall be allowed to have cancelled all bonds heretofore given
for such duties, on giving to the said collector new bonds, with sure-
ties to the satisfaction of the said collector, for the sums of their
former bonds respectively, payable in twelve months from the day of
payment specified in the bonds to be cancelled; and the said collec-
tors shall cancel all such bonds, on the receipt of others, as described
in this act; which last mentioned bonds shall be proceeded with in all
respects like other bonds which are taken by collectors for duties due
to the United States. This act shall not extend to bonds which had
fallen due prior to the 24th day of December, 1806.
LXIII. The president of the United States shall cause a survey to
be taken of the coasts of the United States, in which shall be desig-
nated the islands and shoals, with the roads or places of anchorage,
within twenty leagues of any part of the shores of the United States;
and also the respective courses and distances between the principal
capes or head lands, together with such other matters as he may deem
proper for completing an accurate chart of every part of the coasts
within the aforesaid extent.
The president shall cause such examinations and observations to be
made with respect to St. George's bank, and any other bank or shoal,
and the soundings and currents beyond the distance aforesaid to the
gulf stream, as in his opinion may be subservient to the commercial
interests of the United States.
The president shall, for any of the purposes aforesaid, cause proper
persons to be employed, and also such of the public vessels in actual
service as he may judge expedient, and give such instructions for
regulating their conduct as to him may appear proper.
For carrying this act into effect there is appropriated a sum not ex-
ceeding 50,000 dollars.
LXIV. The secretary of the treasury shall cause a light-house to
be built at each of the following places: on Fair Weather island, in the
state of Connecticut, and at Naushawn island, near Tarpaulin cove, in
the state of Massachusetts, at such points as the president may select;
and appoint keepers, and otherwise provide for such light-houses at the
expence of the United States; provided sufficient ground for the pur-
pose can be obtained at a reasonable price, and the legislature of Con-
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necticut and Massachusetts shall cede the jurisdiction over each place
to the United States.
The secretary of the treasury shall cause the light-house at present
established on Smith's point, at the mouth of the Potomac, to be taken
down, and another to be built at such other spot on the said point as
the president may select: provided sufficient ground for the purpose
can be obtained at a reasonable price, and the legislature of Virginia
shall cede the jurisdiction over the same to the United States. He
shall likewise cause the light-house heretofore established on North
island, at the entrance into Winyaw bay, in South Carolina, to be re-
built so as to secure its future safety.
He shall likewise cause buoys and stakes to be fixed in and along the
channel in Winyaw bay, leading to the harbour of Georgetown, in
South Carolina; and also cause buoys and beacons to be placed on or
near the rocks and shoals in the channel leading into the harbour of
Salem, in the state of Massachusetts.
For building the light-house on Fair Weather island, 5000 dollars;
for building the one at Naushawn island, 2500 dollars; for pulling down
and rebuilding the one on Smith's point, 6000 dollars; for rebuilding
the one on North island, 20,000 dollars; for fixing buoys and stakes in
Winyaw bay, 1500 dollars; for fixing the same in the channel leading
to Salem harbour, 1500 dollars, are appropriated respectively.
LXV. The collector of Newport shall pay to Edmund Briggs, owner
of the schooner Phebe, or his agent, the amount of bounty or allowance
arising on a fishing voyage, which was made in the said vessel, in the
year 1802, on satisfactory proof being exhibited to the said collector
that the said schooner was employed during the four months of the
fishing season.
So much of the act for the relief of Robert Patton and others, pass-
ed on the 3d March, 1805, as is contained in the second section
thereof, is repealed.
LXVI. The secretary of the treasury, by himself, or by some trus-
ty agent, shall inquire into the pecuniary circumstances of William
Hearn, now imprisoned, by virtue of a writ of execution in favour of the
United States, in the prison of Washington county, district of Colum-
bia; and if he shall assign to the secretary all his estate, in possession,
remainder, or reversion, to the use of the United States; or if he shall
prove to the satisfaction of the secretary, or his agent, that he has no
estate, and has not transferred his property to avoid the payment of the
sum for which he is imprisoned, or to defraud the United States, he
shall give to said Hearn a certificate, stating what he has done in the
premises; and he, producing such certificate to the marshal of Colum-
bia, shall be discharged from his imprisonment: provided, if the cer-
tificate specify, that Hearn has satisfied the secretary, or agent, that he
had no estate, and of course has made no assignment, he shall either
pay or execute to the marshal his obligation, payable to the United
States, for all fees and expences arisen in consequence of his imprison-
ment, before he be discharged; and provided no other person be dis-
charged from the payment of, or from any liableness to be imprisoned
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by virtue of the said execution, nor to release any estate which Hearn
may hereafter acquire, from a liableness to satisfy said execution.
LXVII. A subscription to the full amount of the old six per cent.
deferred, and three per cent. stocks, shall be proposed; for which pur-
pose books shall be opened at the treasury of the United States, and
by the several commissioners of loans, on the 1st day of July, 1807, to
continue open till the 17th day of March next following, inclusively,
the fourteen last days of each quarter excepted, for such parts of the
above-mentioned stock, as shall, on the day of subscription, stand on
the books of the treasury, and of the several commissioners of loans,
respectively; which subscription shall be effected by a transfer to the
United States, in the manner provided by law for such transfers, of the
credit or credits standing on the said books, and by a surrender of the
certificates of the stock subscribed.
For the whole or any part of any sum thus subscribed, in old six per-
cent. or deferred stock, credits shall be entered to the respective sub-
scribers, and they shall receive certificates, purporting that the United
States owe to the holders a sum to be expressed therein, equal to the
amount of principal of the stock thus subscribed, which shall remain
unredeemed on the day of such subscription, bearing an interest of
six per cent. per annum, payable quarter-yearly, from the first day of
the quarter during which such subscription shall have been made,
transferable in the same manner as is provided by law for the transfers
of the stock subscribed, and subject to redemption at the pleasure of
the United States: provided no single certificate be issued for more
than 10,000 dollars; and no reimbusement be made except for the
whole amount of any such new certificate, nor till after at least six
months previous public notice of such intended reimbursement.
For the whole or any part of any sum thus subscribed in three per
cent. stock, credits shall likewise be entered to the respective subscrib-
ers; and they shall receive certificates, purporting that the United States
owe to the holders a sum to be expressed therein, equal to sixty-five
per cent. of the principal of the stock thus subscribed, bearing an in-
terest of six per cent. per annum, payable quarter-yearly, from the first
day of the quarter during which such subscription shall have been
made, and transferable and redeemable in the same manner as the
stock created by the preceding section: provided no part of the stock
thus created shall be reimbursable, without the assent of the holders,
till after the whole of the eight per cent. and four and a half per cent.
stocks, as well as all the six per cent. stock created by virtue of the
preceding section, shall have been redeemed.
The commissioners of the sinking fund shall appoint agents in Lon-
don and Amsterdam, to receive subscriptions and transfers, and issue
new certificates in the manner and at the times above mentioned, and
as the officers of the treasury department or the commissioners of
loans might do; that is to say, the agent in London in favour of sub-
scribers residing in the dominions of Great Britain in Europe, and the
agent in Amsterdam in favour of such subscribers residing in any
other part of Europe: provided the certificates issued by the agents
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bear interest only from the first day of the quarter next succeeding that
in which the subscription has taken place, and in relation to subscrip-
tions made in old six per cent. or deferred stocks, the sums expressed
in such new certificates shall be equal to the principal of the old six
per cent. or deferred stocks thus subscribed, remaining unredeemed
after payment of the dividend payable on such stock, on that day from
which the interest on the new certificates shall commence. The
foreign subscribers shall receive the dividend on the old six per cent.
deferred or three per cent. stock subscribed by them respectively,
which shall be payable on that day, from which the interest on the
new certificates shall commence. The said agents shall transmit,
before the end of each quarter, to the register of the treasury, and to
the several commissioners of loans, respectively, triplicate abstracts
of the certificates of stock subscribed, and of the new certificates issued
by them, during such quarter, in order that the proper credits may be
entered on the books of the treasury, or of the commissioners of loans,
to the holders of such new certificates. And the agents shall take an
oath or affirmation for the faithful execution of their trust, and shall
also become bound with one or more sureties to the satisfaction of the
commissioners of the sinking fund, or of the secretary of the treasury,
in 20,000 dollars, with condition for their good behaviour in their said
offices.
The holders of old six per cent. deferred, or three per cent. stock,
who may become subscribers either in the United States or in Europe,
and who, on the 1st day of July, 1807, and also on the day of the sub-
scription, shall reside in Europe, may at their option, made at the time
of subscribing, receive the interest either in the United States, as other
creditors, or at London or Amsterdam; those residing in the do-
minions of Great Britain in Europe, at London, at the rate of four
shillings and six pence sterling per dollar; and those residing in any
other part of Europe, at Amsterdam, at the rate of two guilders and a
half per dollar; in which last option the condition shall be expressed in
the new certificates, and the credit given to the proprietors shall be en-
tered and be transferable only on the books of the treasury: provided
the interest, payable in London and Amsterdam, be not payable till
six months from the day on which the same would be payable in the
United States, and shall be subject to a deduction of one-half per cent.
on the amount payable for commission to the bankers paying the
same; and provided every proprietor may, on surrendering his certifi-
cate, receive another to the same amount, the interest whereof shall be
payable quarter-yearly in the United States, in the same manner as
that accruing on the stock held by persons residing in the United
States.
The same funds pledged for the interest and redemption or reim-
bursement of the stock thus subscribed shall remain pledged for the in-
terest on stock created by such subscription, and for the redemption or
reimbursement of the principal. The commissioners of the sinking
fund shall pay out of the said fund, yearly, such sum as may be annu-
ally wanted to discharge the interest and charges accruing on the stock
now created. They shall apply, from time to time, such sums out of
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the said fund proper towards redeeming, by purchase or by reimburse-
ment, the principal of the said stock. And the annual sum of 8,000,000
dollars, vested by law in the said commissioners, shall be applied to
the payment of interest and redemption of the public debt, till the
whole of the stock now created shall have been redeemed or reim-
bursed.
Each agent appointed by virtue of this act, in addition to the neces-
sary expences for printing, stationary, and postage, shall receive 3000
dollars as a full compensation for their services. The agents and the
commissioners of loans shall also be allowed such sum as may be ac-
tually and necessarily expended for the clerk-hire requisite for carry-
ing this act into effect; and for defraying all these charges 16,000
dollars is appropriated.
Whenever notice of reimbursement shall be given, as prescribed by
this act, the certificates intended to be reimbursed shall be designated
therein. In every reimbursement the preference shall be given to such
holders of certificates as previously shall notify in writing to the trea-
sury their wish to be reimbursed. If the applications to the treasury
amount to less than the whole sum to be applied to that purpose, the
secretary of the treasury, after answering all such applications, shall
determine, by lot, what other certificates shall be reimbursed, so as to
make up the whole amount to be discharged; and if the applications ex-
ceed the amount to be discharged, the secretary shall determine, by
lot, which of them shall be paid.
The agents under this act, and the several commissioners of loans,
shall observe the directions of the secretary of the treasury.
Nothing in this act contained shall affect the rights of those credi-
tors of the United States who shall not subscribe to the loan thus
created.
LXVIII. From February 13th, 1807, the judges of the district
courts of the United States shall have as full power to grant writs of
injunctions within their respective districts, in all cases which may
come before the circuit courts within their respective districts, as is
now exercised by any of the judges of the supreme court of the United
States, under the same regulations as are prescribed by the several
acts of congress establishing the judiciary of the United States, pro-
vided the same be not, unless so ordered by the circuit court, con-
tinued longer than to the circuit court next ensuing, nor shall an in-
junction be issued by a district judge, in any case where a party has
had a reasonable time to apply to the circuit court for the writ.
LXIX. From the 30th day of June, 1807, all the shores and waters
of the Ohio, and of the several rivers and creeks entering the same,
and also all the shores and waters of the rivers which enter the Mis-
sisippi or any of its branches, shall make part of the district of Mis-
sisippi.
A surveyor shall be appointed for each of the following places:
Pittsburg, Charlestown, Marietta, Cincinnati, Limestone, Louisville,
Massac, and Natchez, who shall grant temporary registers to vessels
of the United States, in the same way as is done by the collectors of
the several districts of the United States; and each surveyor, beside
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the fees paid in relation to the admeasurement and registering of ves-
sels, shall receive an annual salary of 150 dollars.
The collector of the district of Missisippi shall, on the surrender of
any temporary register, thus granted to a vessel of the United States,
issue a permanent register for such vessel, provided the master take
the usual oath, and perform the conditions required by the register-
ing act, except that he shall not be obliged to give any new bond to the
said collector.
The secretary of the treasury shall cause to be built, in the city of
New Orleans, an office and place of deposit for the collector of the
customs at that place; and 20,000 dollars are appropriated to defray
the expence of erecting it.
LXX. The president may accept any companies of volunteers,
either of artillery, cavalry, or infantry, who may offer themselves for
the service, not exceeding thirty thousand men, who shall be clothed
and furnished with horses at their own expence, and armed and
equipped at the expence of the United States, when called into service,
except such as chuse to furnish their own arms, and whose com-
missioned officers shall be appointed as is prescribed by law in the
states to which such companies belong. If any company or portion
of militia, already organized, shall tender their service to the United
States, they shall continue to be commanded by the officers holding
commissions in the same, at the time of such tender, and any subse-
quent vacancy shall be filled in the mode pointed out by law in the
state wherein they have been originally raised.
Such accepted volunteers shall do military duty at any time the
president shall judge proper, within two years after he accepts them,
and shall continue in service for twelve months after they have arrived
at the rendezvous, unless sooner discharged, and, when called into
actual service, shall be under the same rules, and entitled to the same
pay and emoluments of every kind, bounty and clothing excepted,
with the regular troops. In lieu of clothing, non-commissioned offi-
cers and privates may receive, in money, a sum equal to the cost of
the clothing of non-commissioned officers or privates in the regular
troops.
The president shall organize such volunteers into battalions, squa-
drons, regiments, brigades, and divisions, as soon as their number shall
render such organization expedient; but, till called into actual service,
they shall do regular militia duty as is required by law in like manner
as heretofore.
If any volunteer, while in actual service, sustain any damage to his
horse or equipments furnished at his own expence, or lose the same,
without any fault or negligence of his, a reasonable sum, to be ascer-
tained as the president may direct, shall be paid to him on that ac-
count.
Five hundred thousand dollars are appropriated for these purposes.
LXXI. The acts vesting in the district courts of the United States,
in the districts of Kentucky, East and West Tennessee, and Ohio, the
jurisdiction of the circuit courts, is hereby repealed.
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For the purpose of holding therein the circuit courts, to be now
established, the states of Kentucky, Tennessee, and Ohio shall each
form one district, and these districts shall constitute the seventh cir-
cuit. There shall be holden annually in each district two circuit
courts, to consist of one justice of the supreme court of the United
States, and the peculiar judge of the district. And the sessions of the
said courts, in the district of Kentucky, shall be held at Frankfort, and
commence on the first Monday in May and November, annually; in
the district of Tennessee, at Knoxville and Nashville alternately, on
the first Monday in June, and third Monday in October, annually, be-
ginning at Nashville; and in the district of Ohio, at Chilicothe, on
the first Monday in January and September, annually. And the cir-
cuit court of Tennesse shall appoint at which of its two seats the
office of its clerk shall be kept.
All the jurisdiction vested in the several circuit courts of the United
States shall be exercised by the several circuit courts of the seventh
circuit; and all actions and proceedings, civil or criminal, returnable to,
or depending in the several district courts of Kentucky, Tennessee,
and Ohio, acting as circuit courts, on the first day of May, 1807, shall
be returnable and continued to the several circuit courts hereby con-
stituted, at the times herein appointed for their sessions, and shall
take place as if no change had been made. The courts now erected
shall be governed by the same laws and regulations as apply to the
other circuit courts of the United States, and shall appoint clerks to
reside and keep the records at the places of holding their respective
courts, except as before, and shall perform the same duties, and be
entitled to the same emoluments, incident by law to the clerks of the
other circuit courts.
The state of Tennessee shall be divided into two districts, for hold-
ing district courts in the same, one to consist of that part which now
forms the district of Washington and Hamilton, which shall be called
the district of East Tennessee; and the other to consist of all that
part of the state which now forms the districts of Winchester, Mero,
and Robertson, to be called the district of West Tennessee; and the
jurisdiction vested in the several district courts of the United States
shall belong to the several district courts of Kentucky, East and West
Tennessee, and Ohio. The said district courts shall, after the first
day of May, 1807, be held, in Kentucky, at Frankfort, two sessions,
to commence on the first Mondays in June and December, annually;
in East Tennessee, at Knoxville, two sessions, on the third Monday
in April, and second Monday in October, annually; and at Nashville
two sessions, on the fourth Mondays in May and November, annu-
ally; and in Ohio, at Chilicothe, three sessions, on the first Mondays
in February, June, and October, annually; and all actions and proceed-
ings, civil or criminal, returnable to or depending in the said district
courts of the United States, acting as district courts, on the said first
day of May, shall be returned and continued to the said several district
courts, respectively, at the times herein appointed.
The supreme court of the United States shall hereafter consist of
a chief justice and six associate justices; and, for this purpose, there
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shall be a sixth associate justice, to reside in the seventh circuit, and
to attend the circuit courts of the said seventh circuit and the su-
preme court of the United States, and who shall take the same oath
and be entitled to the same salary as are required of and pertain to
the other associate justices of the United States.
LXXII. The act to suspend the commercial intercourse between
the United States and certain parts of the island of St. Domingo, pas-
sed on the 28th of February, 1806, shall continue in force till the end
of the next session of congress.
The prohibitions of the said act shall extend to Gonoave and Tor-
tuga, and to any other dependency of the island of St. Domingo not
under the acknowledged government of France.
LXXIII. So much of the act adding to and amending an act con-
cerning the district of Columbia, as directs that no capias ad satisfa-
ciendum shall issue on any judgment rendered by a single magistrate,
or in any case where the judgment shall not exceed 20 dollars, shall
be repealed, and in all such cases writs of capias ad satisfaciendum
may hereafter issue.
Such writs shall operate in like manner, and clerks and constables
receive the same fees, as heretofore allowed in executions against the
goods and chattles of the debtor.
LXXIX. When any prosecutions shall be commenced on account
of the seizure of any ship or merchandize, made by any collector or
other officer, and judgment shall be given for the claimant, if the court
be satisfied that there was reasonable cause of seizure, a proper cer-
tificate or entry shall be made thereof; and in such case the claimant
shall not have costs, nor the person who made the seizure, or the pro-
secutor, be liable to action on account thereof; but the ship or mer-
chandize shall return to such claimant.
The accounting officers of the treasury shall allow to the collector
of New York, in the settlement of his accounts, the amount of dama-
ges and costs paid by him, by virtue of judgments rendered in the su-
preme court of the state of New York, on account of the seizure of
the ship Liberty, and of the ship Two Marys.
LXXX. If any person shall counterfeit, or cause to be counterfeited,
or aid in counterfeiting, any bill or note in imitation of or purporting to
be a bill or note issued by order of the president, directors, and company
of the bank of the United States, or any order on the said bank or cashier
thereof, or shall falsely alter, or cause to be falsely altered, or aid in
falsely altering any such bill or note, or order or check, or shall pass,
or attempt to pass, such bill or note, order or check, knowing the same
to be counterfeited, or shall pass, or attempt to pass, any such falsely
altered bill or note, order or check, knowing the same to be falsely al-
tered with intention to defraud the said bank, or any other body poli-
tic or person; such person shall be guilty of felony, and, being there-
of convicted by due course of law, shall be imprisoned and kept to
hard labour not less than three years, nor more than ten years, or
shall be imprisoned not exceeding ten years, and fined not exceeding
five thousand dollars: but the courts of the individual states shall not
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be deprived of jurisdiction, under the laws of the several states, over
the same offence.
The act to punish frauds committed on the bank of the United
States, passed the 27th day of June, 1798, shall be repealed: but the
repeal of the said act shall not prevent the trial, condemnation, or pu-
nishment of any charged with a violation of any of its provisions, pre-
vious to February 24, 1807.
LXXVI. The officers and soldiers of the Virginia line on continen-
tal establishment, their heirs or assigns, entitled to bounty lands within
the tract reserved by Virginia, between the Little Miami and Scioto
rivers, for satisfying the legal bounties to her officers and soldiers on
continental establishments, shall be allowed a further time of three
years, from the 23d of March, 1807, to complete their locations, and
a further time of five years, from the said 23d of March, to return their
surveys and warrants, or certified copies of warrants, to the office of
the secretary of the war department; but no such locations shall
henceforth be made on tracts of land for which patents had previ-
ously been issued, or which had been previously surveyed, and any
patent which may nevertheless be obtained for land located contrary
to this law, shall be void.
The secretary of the treasury shall obtain copies of all the locations
and surveys made within the above mentioned tract, and cause to be
run or surveyed as many straight lines across the same as he may
deem necessary, not exceeding three; and, from these and such other
documents as may be obtained, cause to be made a general connected
plat of all the lands located and surveyed within the same; a copy of
which shall be deposited in the war department, and another copy
shall be laid before congress, together with an estimate of the surplus
which may remain, after satisfying the bounties above mentioned.
And the expences incurred in surveying such lines and obtaining such
copies, and in preparing such general plat, shall be defrayed out of
monies appropriated for completing the surveys of the public lands
north-west of the river Ohio.
Eighteen quarter townships and three sections, to be selected by
the secretary of the treasury, by lot, in that tract of land in the state of
Ohio, lately purchased from the Indians, and lying between the tract
commonly called the United States military tract, and the tract com-
monly called the Connecticut reserve, shall be appropriated for the use
of schools, in that tract of land commonly called the Virginia military
reservation, and be vested in the legislature of that state, in trust for
such use, which eighteen quarter townships and three sections are
thus vested in lieu of the one-thirty-sixth part of the tract called the
Virginia military reservation, which by a former act had been vested
for the use of schools within the same: but no quarter townships,
including section No. 16 of such township, shall be selected for the
purpose above mentioned; and the said eighteen quarter townships and
three sections shall be so vested, only on condition that the legislature
of the state of Ohio shall, within one year after March 2d, 1807, pass
a law accepting the said eighteen quarter townships and three sections,
for the purposes aforesaid, in lieu of the thirty-sixth part of the tract
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commonly called the Virginia military reservation heretofore appro-
priated for the use of schools within the same; and releasing to the
United States all their own claim, and that of the inhabitants of the
tract of land last mentioned, to the thirty-sixth part of the said tract,
heretofore appropriated for the use of schools within the same. And
if the legislature of the said state shall not pass such a law, within one
year, the said eighteen quarter townships and three sections shall not
be appropriated for the purposes aforesaid, but shall be disposed of
like other public lands in the same tract.
LXXVII. After the 1st day of January, 1808, there shall not be
brought into the United States, or the territories thereof, any negro,
mulatto, or person of colour, with intent to hold, or sell, such person
as a slave, or to be held to service or labour.
No person shall, after the 1st day of January, 1808, for himself or
others, build, equip, or prepare any vessel within the United States,
nor cause any vessel to sail from any place within the same, for the
purpose of procuring any negro, mulatto, or person of colour, to be
transported to any place within the jurisdiction of the United States,
to be held or disposed of as slaves, or to be held to service or labour.
Every such vessel, her tackle and furniture, shall be forfeited to the
United States, and shall be seized and condemned in any of the cir-
cuit courts or district courts, for the district where such vessel may be
found or seized.
All persons so building, equipping, or sending away any vessel
to be so employed, after the forementioned day, or any ways aiding or
abetting therein, shall severally forfeit 20,000 dollars, one moiety to
the use of the United States, and the other to the use of any who
shall prosecute the same to effect.
If any person, after the forementioned day, shall transport any ne-
gro, mulatto, or person of colour, in any vessel, for the purpose of sel-
ling them in any place within the jurisdiction of the United States as
slaves, or to be held to service or labour, or shall be in any ways aid-
ing or abetting therein, he shall pay 5000 dollars, one moiety to the
use of any who shall prosecute the same to effect; and such vessel,
her tackle and furniture, and the goods found on board the same,
shall be forfeited to the United States. And neither the importer,
nor any claiming under him, shall hold any right to any negro, mu-
latto, or person of colour, nor to the service or labour thereof, who
may be brought within the United States, or territories thereof, in
violation of this law, but the same shall remain subject to any regula-
tions not contravening this law, which the legislatures of the several
states or territories hereafter may make, for disposing of the same.
Every such offender shall likewise be guilty of a high misdemeanor,
and being thereof convicted before any court having competent juris-
diction, shall suffer imprisonment for not more than ten nor less than
five years, and be fined not exceeding 10,000 nor less than 1000 dol-
lars.
Any person who shall, after the forementioned day, purchase or sell
any negro, mulatto, or person of colour, for a slave, or to be held to
service or labour, who has been brought into any place within the ju-
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risdiction of the United States, after the last day of December, 1807,
knowing at the time such person was so brought within the jurisdiction
as aforesaid, such purchaser and seller shall severally forfeit for every
negro, mulatto, or person of colour so purchased or sold 800 dollars;
one moiety to the United States, and the other to any prosecuting
the same to effect. But the aforesaid forfeiture shall not extend to the
seller or purchaser of any negro, mulatto, or person of colour, sold or
disposed of in virtue of any regulation hereafter made by any state
legislature, in pursuance of this law, and the constitution of the
United States.
Any vessel found, after the forementioned day, in any river, bay, or
harbour, or on the high seas, within the jurisdiction of the United
States, or hovering on the coast thereof, having on board any negro,
mulatto, or person of colour, for the purpose of selling them as slaves,
or with intent to land the same within the jurisdiction of the United
States, contrary to this law, such vessel, her tackle and furniture, and
the goods found therein, shall be forfeited to the use of the United
States. The president, should he deem it expedient, shall cause any
armed vessel of the United States to cruize on the coast of the United
States or territories thereof, where he may judge attempts will be
made to violate this law, and to direct the commanders of armed ves-
sels of the United States to seize all such vessels, and moreover to
seize all vessels of the United States, wheresoever found on the high
seas, contravening this law; and the commander of every such vessel
so found and seized shall be guilty of a high misdemeanor, and be
prosecuted before any court of the United States having jurisdiction
thereof; and being thereof convicted, shall be fined not exceeding
10,000 dollars, and be imprisoned not less than two and not exceed-
ing four years. And the proceeds of all vessels, their tackle, furni-
ture, and the goods on board of them, which shall be so seized and
condemned, shall be divided equally between the United States and
the officers and men who shall make such seizure, whether such seiz-
ure be made by an armed vessel of the United States or revenue
cutter thereof, and the same shall be distributed in like manner as is
provided by law for the distribution of prizes taken from an enemy:
but the officers and men, to be entitled to one-half of the proceeds
aforesaid, shall safe keep every negro, mulatto, or person of colour
found on board of any vessel so seized, and shall deliver every such
negro, mulatto, or person of colour to persons appointed by the
respective states to receive the same; and if no such persons be so
appointed, they shall deliver him to the overseers of the poor of the
place where such vessel may be brought or found, and shall imme-
diately transmit to the chief magistrate of the state an account of
their proceedings, together with the number of such negroes, mulat-
toes, or persons of colour, and a descriptive list of the same, that he
may give directions respecting the same.
No commander of any vessel, of less burthen than forty tons, shall,
after the forementioned day, transport any negro, mulatto, or person
of colour, to any place whatsoever, for the purpose of selling or dis-
posing of the same as a slave, or with such intent, on penalty of for-
―120―
feiting, for every one so transported, 800 dollars; one moiety to the
use of the United States, and the other to any who shall prosecute
the same to effect. But this law does not prohibit the transporting,
on any river or inland bay of the sea, within the jurisdiction of the
United States, any negro, mulatto, or person of colour (not imported
contrary to this law), in any vessel whatever.
The commander of any vessel of the burthen of forty tons or more,
after the forementioned day, sailing coastwise, from any port in the
United States, to any place within the jurisdiction of the same,
having on board any negro, mulatto, or person of colour, for the pur-
pose of transporting them to be sold or disposed of as slaves, or to be
held to service or labour, shall, previous to the departure of such ves-
sel, subscribe duplicate manifests of every such person, specifying the
name and sex of each person, their age and stature, as near as may
be, and the class to which they respectively belong, whether negro,
mulatto, or person of colour, with the name and place of residence of
every owner or shipper of the same, and shall deliver such manifests
to the collector of the port, if there be one, otherwise to the surveyor,
before whom the commander, together with the owner or shipper,
shall severally swear and affirm, to the best of their knowledge and
belief, that the persons therein specified were not brought into the
United States after the forementioned day, and that, under the laws of
the state, they are held to service or labour; whereupon the said col-
lector or surveyor shall certify the same on the said manifests, one of
which he shall return to the said commander, with a permit, specify-
ing thereon the number, names, and general description of such per-
sons, and authorizing him to proceed to the port of his destination.
And if any such vessel shall depart without the commander having
first made out and subscribed such duplicate manifests, and without
having previously delivered the same to the said collector or surveyor,
and obtained a permit, in manner aforesaid, or shall, previous to her
arrival at the port of her destination, take on board any negro, mu-
latto, or person of colour, other than those specified in the manifests,
as aforesaid, every such vessel, with her tackle and furniture, shall be
forfeited to the use of the United States, and the commander shall
forfeit, for every such person so transported contrary to this act,
1000 dollars, one moiety thereof to the United States, and the other to
any who shall prosecute the same to effect.
The commander of every vessel, of the burthen of forty tons or
more, after the forementioned day, sailing coastwise, and having on
board any negro, mulatto, or person of colour, to sell or dispose of as
slaves, or to be held to service or labour, and arriving in any port
within the jurisdiction of the United States, from any port within the
same, shall, previous to the putting on shore any such persons, or suf-
fering them to go on shore, deliver to the collector or surveyor resid-
ing at the port of her arrival, the manifest certified by the collector
or surveyor of the port from whence he sailed, as is herein directed,
to the truth of which, before such officer, he shall swear or affirm; and
if the collector or surveyor shall be satisfied therewith, he shall grant
a permit for suffering such negro, mulatto, or person of colour to be
―121―
put on shore; and if the commander of any such vessel neglect or re-
fuse to deliver the manifest as is herein directed, or shall put on
shore any negro, mulatto, or person of colour, for the purpose afore-
said, before he shall have delivered his manifest as aforesaid, and
obtained a permit for that purpose, he shall forfeit 10,000 dollars,
one moiety to the United States, the other to any who shall prosecute
the same to effect.
LXXVIII. For the service of any writ, warrant, attachment, sum-
mons, or order of court, the marshal for the district of Columbia
shall receive 50 cents only, for each person on whom served; and
for taking any bond required by law, 50 cents only; and for services
not enumerated in this or some other act, he shall receive the like
fees, if they be performed in the county of Alexandria, as, by the laws
of Virginia, in force on the first Monday of December, 1800, were
allowed to the sheriff of a county for the like services; and if per-
formed in the county of Washington, the like fees as by the laws of
Maryland, in force on the day last mentioned, were allowed to a
sheriff of a county in Maryland for the like services.
The clerk of the circuit court of the district of Columbia, for the
county of Alexandria, shall receive the same fees only, as, by the laws
of Virginia, in force on the day last mentioned, were allowed to the
clerk of the district court in that state for the like services; in chan-
cery proceedings, the fees allowed by the said laws to the clerk of
the high court of chancery, in the said state, for like services; and
for such services as were not, by the said laws, to be performed by
the clerk of either of the said courts in Virginia, such fees as were
allowed by the said laws to the clerk of a county court in the said
state for the like services.
The clerk of the circuit court of the district of Columbia, for the
county of Washington, shall receive the same fees only, as, by the laws
of Maryland, in force on the 1st Monday of December, 1800, were
allowed to the clerk of the general court of Maryland for like ser-
vices; and for his services in chancery proceedings, the same fees
only, as by the said laws were allowed to the register of the court of
chancery of Maryland for like services; and for services as were not,
by the said laws, to be performed by the said clerk of the said general
court, or by the said register, such fees only, as, by the said laws, were
allowed to a clerk of a county court in Maryland, for the like services:
but the said marshal and clerk shall receive their daily compensation
for attending court as heretofore.
Such of the said fees as, by the laws aforesaid, are chargeable in to-
bacco, shall be paid in money, at the rate of 1 dollar and 75 cents for
one hundred pounds of tobacco. And the said marshal and clerk of
the said circuit court shall make a table of their respective fees in dol-
lars and cents, according to this act; and keep a copy at all times ex-
posed to public view in their respective offices; and all fees and costs
shall be taxed, and fee bills for collection stated in money only.
In suits at common law in the said circuit court, the taxable fee to
an attorney shall be 5 dollars only; and in suits in chancery, the
taxable fee to a solicitor shall be 10 dollars only: but this law shall
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not extend to the official services of the attorney of the United States
for the district of Columbia.
All temporary statutes of the states of Virginia and Maryland,
which, by the act concerning the district of Columbia, passed on the
27th of February, 1801, were adopted for the said district, shall not ex-
pire within the same by virtue of any limitation contained in them, but
shall remain in force till other provision shall be made by congress
respecting the same.
This law shall be in force from March 3, 1807.
LXXIX. The proper accounting officers of the treasury shall set-
tle the account of Oliver Pollock, formerly commercial agent for the
United States at New Orleans, and allow him for his expences of de-
tention at the Havanna; for the sum paid Thomas Patterson as his hos-
tage; for gunpowder furnished; for commission on the sum paid for
gunpowder; and for commission on the sum of 74,087 dollars, at the
rate of two and a half per cent., with interest till paid. But the said
Pollock shall, on the receipt of the sums directed thus to be paid, ex-
ecute a discharge to the United States of all demands whatever, and
lodge the same with the register of the treasury.
LXXX. Each of the judges of the Missisippi, Indiana, Michigan,
and Louisiana territories, appointed under the authority of the United
States, shall receive the annual sum of 1200 dollars, in lieu of his pre-
sent compensation, to commence on the 1st day of January, 1807.
LXXXI. The proper accounting officers shall settle the accounts
subsisting between the United States and William Eaton, late consul
at Tunis, on just principles, under the direction of the secretary of
state.
LXXXII. The accounting officers of the treasury shall settle the
account of Stephen Sayre, as secretary of legation to the American
commission at the court of Berlin, in the year 1777, and allow him not
exceeding four months' pay, at the rate of 1000 pounds sterling per
annum, and the compensation usually made for returning home, with
interest on the whole sum till paid: the said Sayre executing a dis-
charge to the United States of all demands whatever, and lodging the
same with the register of the treasury.
LXXXIII. The following sums of money shall be applied under the
direction of the president:
For finishing the south wing of the capitol, 25,000 dollars:
For furnishing the same for the accommodation of the house of re-
presentatives, 17,000 dollars:
For making a new roof and other repairs to the north wing of the
capitol, 25,000 dollars:
For opening and repairing avenues and roads within the territory of
Columbia, 3000 dollars:
For repairs and improvements on the president's house, and the
ground on which the same stands, 15,000 dollars.
LXXXIV. For the expenditure of the civil list, in the year 1807,
including the contingent expences of the several departments and of-
ficers; for the compensation of loan officers and their clerks, and for
books and stationary for the same; for the payment of annuities and
―123―
grants; for the support of the mint; for the expence of intercourse
with foreign nations; for the support of light-houses, beacons, buoys,
and public piers; for the expence of surveying the public lands, and for
satisfying certain miscellaneous claims, the following sums shall be
applied:
To the members of the senate and house of representatives, their
officers and attendants, estimated for a session of four months and a
half, 201,425 dollars:
For fuel, stationary, printing, and contingent expences of the two
houses of congress, 24,200 dollars:
For the library and librarian, for the year 1807, 800 dollars.
To the president and vice-president of the United States, 30,000
dollars:
To the secretary of state, clerks and persons in that department,
13,000 dollars:
For contingent expences of the said department, 4200 dollars:
For printing and distributing copies of the laws of the second ses-
sion of the ninth congress, and printing the laws in newspapers, 8250
dollars:
To special messengers charged with dispatches, 2000 dollars:
To the secretary of the treasury, clerks and persons in his office,
16,700 dollars:
For translating foreign languages, allowance to the person employed
in receiving and transmitting passports and sea letters, stationary and
printing, 1000 dollars:
To the comptroller of the treasury, clerks and persons in his office,
12,977 dollars:
For stationary, printing, and contingent expences of the said office,
800 dollars:
To the auditor of the treasury, clerks and persons in his office,
12,200 dollars:
For stationnry, printing, and incidental and contingent expences in
the said office, 500 dollars:
To the treasurer, clerks and persons in his office, 6227 dollars and
45 cents:
For stationary, printing, and contingent expences in the said office,
300 dollars:
To the register of the treasury, clerks and persons in his office,
16,052 dollars and 2 cents:
For stationary and printing in the said office (including books for
the public stock and for the arrangement of the marine papers), 2800
dollars:
For books, maps, and charts, for the use of the treasury depart-
ment, 400 dollars:
To the secretary of the commissioners of the sinking fund, 250
dollars:
For fuel and contingent expences of the treasury department, 4000
dollars.
For expence of stating and printing the public accounts for the year
1807, 1200 dollars:
―124―
To a superintendant employed to secure the buildings and records
of the treasury, during the year 1807, including the expence of two
watchmen, and for the repair of two fire engines, buckets, lanterns,
and other incidental expences, 1100 dollars:
To the secretary of war, clerks and persons in his office, 11,250
dollars:
For fuel, stationary, printing, and other contingent expences of the
office of the secretary of war, 1000 dollars:
To the accountant of the war department, clerks and persons in his
office, 10,910 dollars:
For contingent expences in the said office, 1000 dollars:
To clerks employed in the paymaster's office, 1800 dollars:
For fuel in the said office, 90 dollars:
To the purveyor of public supplies, clerks and persons in his office,
and for stationary, store-rent, and fuel for the said office, 4600 dollars:
To the secretary of the navy, clerks and persons in his office, 9810
dollars:
For fuel, stationary, printing, and contingent expences in the said
office, 2000 dollars:
To the accountant of the navy, clerks and persons in his office,
10,410 dollars:
For contingent expences in the said office, 500 dollars:
To the postmaster-general, to the assistant postmaster-general, and
clerks and persons in the postmaster-general's office, 14,450 dollars:
For fuel, candles, house-rent for the messenger, stationary, chests,
&c., exclusive of expences for prosecution, portmanteaus, mail locks,
and other expences incident to the department, these being paid for by
the postmaster-general out of the funds of the office, 2500 dollars:
To the several loan officers, 13,250 dollars:
To the clerks of the several commissioners of loans, and to certain
loan officers, in lieu of clerk hire, and for the authorized expences of
the several loan offices, 15,000 dollars:
To the surveyor general and his clerks, 3200 dollars:
To the surveyor of the lands south of the state of Tennessee, his
clerks, stationary, and other contingencies, 3200 dollars:
To the officers of the mint:
The director, 2000 dollars:
The treasurer, 1200 dollars:
The assayer, 1500 dollars:
The chief coiner, 1500 dollars:
The melter and refiner, 1500 dollars:
The engraver, 1200 dollars:
One clerk at 700 dollars:
And two clerks at 500 dollars:
To persons employed in the different branches of melting, coining,
carpenter's, mill-wright's, and smith's work, including 1000 dollars per
annum to an assistant coiner and die forger, who also oversees the
execution of the iron work, 7278 dollars:
For repair of furnaces, cost of rollers and screws, timber, bar iron,
―125―
lead, steel, pot-ash, and for all other contingencies of the mint, 2650
dollars:
To the governor, judges, and secretary of the territory of Orleans,
13,000 dollars:
For contingent expences of the executive officers of the said terri-
tory, and for express hire, and to an Indian interpreter, 2850 dollars:
To the governor, judges, and secretary of the Missisippi territory,
5950 dollars:
For stationary, office-rent, and contingent expences in said territory,
350 dollars:
To the governor, judges, and secretary of the Indiana territory,
5150 dollars:
For stationary, office-rent, and contingent expences of the said ter-
ritory, 350 dollars:
To the governor, judges, and secretary of the Michigan territory,
5150 dollars:
For stationary, office-rent, and contingent expences of the said ter-
ritory, 350 dollars:
To the governor, judges, and secretary of the Louisiana territory,
5150 dollars:
For stationary, office-rent, and contingent expences of the said ter-
ritory, 350 dollars:
For the discharge of such demands against the United States, on
account of the civil department, not otherwise provided for, as shall
have been admitted at the treasury, 2000 dollars:
To the clerks of the several departments of state, treasury, war,
and navy, and of the general post-office, not exceeding, for each de-
partment, fifteen per centum, in addition to the sums allowed by the
act to regulate and fix the compensation of clerks, and to authorize
the laying out certain public roads, and for other purposes, 13,269
dollars:
To the chief justice, associate judges, and district judges of the
United States, including the chief justice and two associate judges of
the district of Columbia; to the attorney-general, and to the judge of
the district of Orleans, 59,400 dollars:
To the district attorneys of the United States, 3400 dollars:
To the marshals of the district of Maine, New Hampshire, Ver-
mont, Kentucky, Ohio, east and west Tennessee, and Orleans, 1600
dollars:
For the expences of the supreme, circuit, and district courts of the
United States, including the district of Columbia, and of jurors and
witnesses, in aid of the funds arising from fines, forfeitures, and pe-
nalties, and likewise for expences of prosecution for offences against
the United States, and for safe-keeping of prisoners, 40,000 dollars:
For the payment of sunday pensions granted by the late govern-
ment, 860 dollars:
To the invalid pensioners of the United States, from the 5th of
March, 1807, to the 4th of March, 1808, 98,000 dollars:
For the maintenance of light-houses, beacons, buoys, and public
―126―
piers, and stakeage of channels, bars, and shoals, and contingent ex-
pences, 83,961 dollars and 8 cents:
For erecting a light-house on St. Simon's island, in Georgia (the
former grant of 7000 dollars having been carried to the surplus fund),
19,000 dollars:
For erecting light-houses at the mouth of the Missisippi river, and
at or near the pitch of cape Look-out, in North Carolina, in addition
to the sums heretofore granted for those objects (the balance of a for-
mer grant for those ends, of 24,625 dollars and 96 cents, having been
carried to the surplus fund), 55,000 dollars:
For erecting a light-house on Whitehead, at the entrance of Pe-
nobscot bay (the former grant for that end having been carried to the
surplus fund), 2205 dollars and 80 cents:
For the erection of beacons in the harbour of New York, in addi-
tion to the sums heretofore granted, 1200 dollars:
For the expence of surveying the coast of North Carolina, be-
tween cape Hatteras and cape Fear, in addition to the sum hereto-
fore granted for that end, 1300 dollars:
To the commissioners in the said service, for the loss of their ef-
fects incident to the service on board the revenue cutters wrecked at
Ocracock (the amount of which loss the accounting officers of the
treasury shall allow, on satisfactory proof of such loss exhibited to
them), 1600 dollars:
For carrying on the surveys of public lands in the state of Ohio
and in the territories, 73,180 dollars:
For expence of intercourse with foreign nations, 33,050 dollars:
For contingent expence of the said intercourse, 20,000 dollars:
For expence of intercourse with the Barbary powers, 50,000 dol-
lars:
For contingent expence of the said intercourse, 50,000 dollars:
For the relief and protection of distressed American seamen, 5000
dollars:
To the agents at London, Paris, and Madrid, for prosecuting
claims in relation to captures, 6000 dollars:
For the dicharge of such miscellaneous claims against the United
States, not otherwise provided for, and admitted at the treasury, and
which, according to the usage thereof, require payment in specie,
4000 dollars:
The several sums thus granted shall be paid out of the fund of
600,000 dollars, reserved by an act making provision for the debt of
the United States.
LXXXV. After the 30th day of June, 1807, the act laying an ad-
ditional duty on salt imported into the United States, and for other
purposes, passed the 8th day of July, 1797, shall be repealed; and
after the 31st day of December, 1807, so much of any act as lays a
duty on imported salt shall be repealed; and after the day last men-
tioned, salt shall be imported into the United States free of duty:
but, for the recovery and receipt of duties accrued, and, on the days
aforesaid, respectively remaining outstanding, and for the recovery
―127―
and distribution of fines, penalties, and forfeitures, and the remission
thereof, incurred before and on the said days respectively, the said act
shall remain in full force.
After the 1st day of January, 1808, so much of any act as allows
a bounty on exported salt provisions and pickled fish, in lieu of draw-
back of the duties on the salt employed in curing the same, and so
much of any act as makes allowance to the owners and crews of fish-
ing vessels, in lieu of drawback of the duties paid on the salt used by
the same, shall be repealed: but the said acts shall remain in force
for the payment of the bounties or allowances incurred or payable on
the said 1st day of January.
Of the act, passed on the 25th day of March, 1804, further to pro-
tect the commerce and seamen of the United States against the Bar-
bary powers, the first section shall be in force till the 1st day of Janu-
ary, 1808, and no longer: but the additional duty laid by the said sec-
tion shall be collected on all merchandize liable to pay the same, and
imported previous to that day.
LXXXVI. Any officer or soldier of the Virginia line, on continen-
tal establishment, or his legal representatives, to whom a land war-
rant has issued, by virtue of any resolution of the legislature of Virgi-
nia, as a bounty for services, which, by the laws of Virginia, passed
prior to the cession of the North-western territory to the United
States, entitled such person to bounty lands, shall, if the warrant be
located within three years from the 23d of March, 1807, and a sur-
vey been within five years from the said day returned to the office of
the secretary of war, obtain a patent for the same, as patents are ob-
tained for lands located and surveyed on other warrants of the officers
and soldiers of the Virginia line, on continental establishment: but no
patent shall be obtained on such resolution-warrant, unless satisfactory
evidence be produced to the secretary of war that such warrant was
granted for services which, by the laws of Virginia, passed prior to
the forementioned cession, would entitle such person, his heirs or as-
signs, to bounty lands, and also a certificate of the register of the
land-office of Virginia, that no other warrant has issued from the said
office for the same services.
No patent shall be issued by virtue of this law for more land than
the rank or term of service of the claimant under such resolution-
warrant would have entitled him to, under the said laws of Virginia;
and whenever it appears to the secretary of war that the survey,
under any resolution-warrant, is for more land than the officer or
soldier is entitled to for his services, the secretary of war shall cer-
tify, on the said survey, the amount of such surplus quantity, and the
claimant shall have leave to withdraw his survey from the said office,
and re-survey his location, excluding such surplus quantity, in one
body, from any part of his re-survey, and a patent shall issue on such
re-survey as in other cases.
LXXXVII. The secretary of war shall issue land-warrants to Meri-
wether Lewis and William Clarke, for 1600 acres each; to John Ord-
way, Nathaniel Prior, the heirs or legal representatives of Charles
Floyd (deceased), Patrick Gass, William Bratton, John Collins, John
―128―
Colter, Pierre Cruzatte, Joseph Field, Reuben Field, Robert Frazier,
Silas Goodrich, George Gibson, Thomas P. Howard, Hugh Hall,
Francis Labuche, Hugh M'Neal, John Shields, George Shannon,
John Potts, John Baptiste Le Page, John B. Thompson, William
Werner, Richard Windsor, Peter Wiser, Alexander Willard, Joseph
Whitehouse, George Drulyard, Tousaint Charbono, Richard Wor-
fengton, and John Newman, for 320 acres each: which warrants
may, at the option of the holder, be located with any register of the
land-offices, subsequent to the public sales in such office, on any of
the public lands of the United States lying west of the Missisippi,
then and there offered for sale, or may be received at the rate of two
dollars per acre, in payment of any such public lands.
Double pay shall be allowed by the secretary of war to each of the
before-named persons, agreeably to the time of his service in the late
enterprize to the Pacific ocean, conducted by Lewis and Clarke, and
11,000 dollars shall be applied to discharge the same.
LXXXVIII. Daniel S. Dexter, of Providence, Rhode Island, shall
be discharged from his imprisonment on a judgment obtained against
him in favour of the United States: but he shall first assign all his es-
tate to some person for the use of the United States, under the direction
of the secretary of the treasury; and the said judgment shall remain in
force against any estate which he may hereafter acquire, and process may
at any time be issued against the same. This law shall not discharge
the late supervisor of the district of Rhode Island from any legal lia-
bility for not taking bonds of the said Dexter for the faithful discharge
of his duty.
LXXXIX. All decisions made by the commissioners appointed for
examining the claims of persons claiming lands in the district of De-
troit, in favour of such claimants, as entered in the transcript of deci-
sions transmitted by the said commissioners to the secretary of the
treasury, according to law, shall be valid.
To all persons in actual possession of any land, in their own right,
on the 3d of March, 1807, within that part of the territory of Michi-
gan to which the Indian title has been extinguished, and which land
was settled by them on the 1st of July, 1796, or by persons under
whom they claim the right of possession, and which possession has
continued to the aforesaid 3d of March, the said land shall be
granted to the said claimants, in fee simple; but no claim shall be
thus confirmed, but such as have been entered with the register of the
land office of Detroit, in the time and in manner fixed by law, and, by
the commissioners aforesaid, have been inserted in their report trans-
mitted as aforesaid; nor shall more than one parcel of land be thus
granted to any one person, and the same shall not contain more than
the quantity claimed, nor more than 640 acres; the same shall not ex-
tend to any tract heretofore reserved, or which may, by the presi-
dent of the United States, be set aside for public uses, in the town of
Detroit and its vicinity, or on the island of Michilimackinac.
The secretary of the territory of Michigan, with the register and
receiver of public monies of the land office of Detroit, shall be com-
missioners for deciding on the rights of persons claiming the benefit
―129―
of this act; and they shall, previous to entering on this duty, sub-
scribe the following oath or affirmation, before some person qualified
to administer the same: I do solemnly swear (or affirm)
that I will impartially exercise and discharge the duties imposed on
me by an act of congress, entitled “an act regulating the grants of
land in the territory of Michigan.” The said commissioners shall
meet at Detroit, on or before the 1st day of July, 1807, and shall not
adjourn to any other place, or for more than three days, till the 1st
day of January, 1808, or till they shall have completed the business
of their appointment. They shall decide in a summary manner all
matters respecting such claims; compel the attendance of witnesses,
administer oaths and examine witnesses, and such other testimony as
may be adduced, and determine according to justice. Minutes of
the proceedings, decisions, meetings, and adjournments of the board
shall be regularly entered by the register, in a book kept for that pur-
pose, together with the evidence on which such decisions are made,
unless such evidence has already been entered according to law, in
the minutes kept by the commissioners appointed under former acts
to investigate the claims to land in the district of Detroit. When the
said commissioners shall think the claimant entitled to a tract of land
under this act, they shall give a certificate, stating the circumstances
of the case, and that the claimant is entitled to a patent for such tract
under this act; which tract shall be surveyed in conformity with the
decision of the commissioners, at the expence of the party, and under
the direction of the surveyor-general: but the whole expence of sur-
veying and marking the lines shall not exceed 3 dollars for every
mile that shall be run or surveyed. The surveyor-general shall
transmit to the register of the land office at Detroit general and par-
ticular plats of all the lands surveyed as aforesaid, and shall also for-
ward copies of the same to the secretary of the treasury. The com-
missioners shall transmit to the secretary of the treasury a transcript
of their decisions in favour of claimants, which shall contain a fair
statement of the evidence on which each respective claim is founded,
and shall be signed by the said commissioners, and shall state the
names of the parties in whose favour the certificates have been
granted, the number of acres granted, and the situation of the land.
And such certificates, being duly entered with the register of the land
office of Detroit, prior to the 1st day of January, 1809, shall entitle the
party, as soon as the plat has been transmitted to the said register, to
receive from him a certificate, for each of which certificates the re-
gister shall receive one dollar, directed to the secretary of the trea-
sury; and if it appear to the satisfaction of the said secretary that
such certificates have been fairly obtained according to this act, patents
shall issue, in like manner as for other lands of the United States.
The powers hereby vested in the said commissioners shall not ex-
tend to lots in the town of Detroit, the claims to which shall be ascer-
tained as is provided by the act to provide for the adjustment of titles
of land in the town of Detroit and territory of Michigan, and for
other purposes.
―130―
The secretary of the territory of Michigan shall receive 500 dol-
lars for services rendered under this act.
XC. To carry into effect a treaty, made on the 23d of July, 1805,
between the United States and the Chickasaw nation of Indians, the
following sums shall be paid, in conformity with the said treaty: to
the Chickasaw nation, 20,000 dollars; to George Colbert and O'Koy,
each, 1000 dollars; and to Chinubbe Mingo, chief of the nation, an
annuity of 100 dollars, during life.
The surveyor-general of the public lands south of Tennessee
shall cause to be surveyed, in the manner prescribed by law for the
other public lands in the Missisippi territory, so much of the lands
ceded to the United States by the Cherokees and Chickasaws, as lies
within the said territory; and the president, whenever he thinks pro-
per, shall establish a land office for the sale of the said lands, and appoint
a register of the same, and a receiver of the public monies accruing
from the sale of the said lands, whose emoluments and duties shall be
the same as those of the registers and receivers of the other land
offices in the said territory.
XCI. So much of the act for ascertaining and adjusting the titles and
claims to land within the territory of Orleans and the district of Loui-
siana as provides that no incomplete title shall be confirmed, unless
the person in whose name the order of survey had been granted was,
at the time of its date, either the head of a family, or above the age
of twenty-one years, shall be repealed.
Any person, or his legal representative, who, on the 20th of De-
cember, 1803, had, for ten consecutive years prior to that day, been
in possession of a tract of land not claimed by any other person,
and not exceeding 2000 acres, and who were on that day resident in
the territory of Orleans or Louisiana, and had still possession of such
tract of land, shall be confirmed in their titles to such land: but no
claim to a lead-mine or salt-spring shall be confirmed; and no more
land shall be granted than is actually claimed by the party, nor more
than is contained within the acknowledged boundaries of the tract
claimed.
The claim of the corporation of the city of New Orleans to the
commons adjacent to the said city, and within 600 yards from the
fortifications of the same, is confirmed: but the said corporation
shall, within six months hereafter, release any claim they may have to
such commons beyond the distance of 600 yards aforesaid: the cor-
poration shall reserve for the purpose, and convey gratuitously for the
public benefit, to the company authorized by the legislature of the
territory of Orleans, as much of the said commons as shall be neces-
sary to continue the canal of Carondelet from the present basin to the
Missisippi, and shall not dispose of, for the purpose of building
thereon, any lot within sixty feet of the space reserved for a canal,
which shall for ever remain open as a public highway: but the rights
of individuals to the said commons, derived from any grant of the
French or Spanish government, shall not be impaired.
The commissioners appointed for ascertaining the rights of per-
sons claiming land in the territories of Orleans and Louisiana shall
―131―
decide, according to the laws and customs of the French and Spanish
governments, on all claims to lands within their respective districts,
where the claim is made by persons or their legal representative, who
were, on the 20th of December, 1803, inhabitants of Louisiana, and for
a tract not more than a square league, and which does not include
either a lead-mine or salt-spring, which decision of the commissioners,
when in favour of the claimant, shall be final against the United States.
The time fixed by the aforesaid act, and by the acts supplementary
to the same, for delivering to the proper officer notices in writing and
the written evidences of claims to land, shall extend, for the territories
of Orleans and Louisiana, till the 1st of July, 1808, and persons deli-
vering such notice and evidences shall be treated as if the same had
been delivered within the time limited by the former acts: but the
rights of such as neglect so doing within the time last aforesaid, shall,
so far as they are founded on any act of congress, become void.
The commissioners appointed for ascertaining the rights of persons
claiming lands in the territories of Orleans and Louisiana shall trans-
mit to the secretary of the treasury and to the surveyor-general, or his
deputy, transcripts of decisions made in favour of claimants by virtue of
this act; and they shall deliver to the party a certificate stating the case,
and that he is entitled to a patent for the land therein described, which
shall be filed with the proper register or recorder, within twelve months
after date. And the register or recorder shall thereupon (a plat of such
land being previously filed with him, or transmitted to him by the of-
ficer acting as surveyor-general, as hereafter provided) issue a certi-
ficate in favour of the party, which, being transmitted to the secretary
of the treasury, shall entitle the party to a patent, such as those issued
for public lands lying in other territories of the United States.
The lands thus granted shall be surveyed at the expence of the par-
ties, under the direction of the surveyor-general or his deputy, where
an authentic survey under the authority of the French, Spanish, or
American governments, during their rightful possession of these terri-
tories, shall not have been filed with the proper register nor appear on
the records of the said territories. The said commissioners shall, when
necessary, direct the surveyor-general to re-survey any tract of land
already duly surveyed, at the expence of the United States. And such
surveyor shall transmit general and particular plats of the tract of land
thus surveyed to the proper register, and copies of the same to the
secretary of the treasury.
The said commissioners shall report to the secretary of the treasury
their opinion on all the claims to land within their districts, not finally
confirmed by them. These shall be arranged into three classes: 1st,
claims which the commissioners believe ought to be confirmed agree-
ably to the laws for adjusting claims to land within the territories of
Orleans and Louisiana; 2dly, claims which, though not embraced by the
said laws, ought to be confirmed agreeably to the laws and customs of
the Spanish government; 3dly, claims which neither are embraced by
the said laws, nor ought to be confirmed agreeably to the laws and
customs of the Spanish government; and the said reports being in
other respects made according to legal form by the secretary of the
―132―
treasury, shall by him be laid before congress for their final determi-
nation, in the manner and time heretofore prescribed by law.
There shall be paid to the principal deputy of the surveyor-general
for the district of Louisiana, 500 dollars a year, from the time he en-
tered into office, in addition to the fees to which he is by law entitled.
To the register of the western district of the Orleans territory, and to
the clerk of the board of commissioners for that district, 1000 dollars
each, for their service as commissioners and clerk respectively, during
the year 1806. To each of the deputy registers of the territory of
Orleans, 500 dollars in full for their services subsequent to the 1st day
of January, 1807, in addition to the fees to which they are legally en-
titled. To each of the commissioners, 2000 dollars a year; to each
of the clerks of the boards, and to each of the agents employed by the
secretary of the treasury, 1500 dollars a year; and to each of the trans-
lators, 600 dollars a year, to commence from the 1st day of July, 1807,
in the district of Louisiana, and from the 1st day of January, 1808, in
the territory of Orleans, and to continue to the time when each board
shall be respectively dissolved: but eighteen months' compensation
only shall be thus allowed to the said commissioners, clerks, and trans-
lators, and the pay of any such officer absenting himself from his dis-
trict, or failing to attend to his office, shall cease during such absence
or failure.
XCII. A sum not exceeding 150,000 dollars, in addition to the
sums heretofore granted, shall be granted to enable the president
to cause the ports of the United States to be better fortified and pro-
tected.
XCIII. On the settlement of the accounts of John Chester, for-
mer supervisor of the internal revenues and direct tax for the dis-
trict of Connecticut, he shall be credited with 317 dollars and 90 cents,
being the amount of the direct tax collected in the state of Connecti-
cut beyond the quota of said state; if the said state assent thereto.
And also 233 dollars and 34 cents, for the contingent expences of the
office, in addition to the sum heretofore allowed.
XCIV. In all cases of insurrection, or obstruction to the laws, either
of the United States, or of any state or territory where the president
may lawfully call forth the militia for suppressing such disturbance, or
enforcing the law, he may employ, for the same purpose, such part of
the land or naval force of the United States as shall be judged neces-
sary, having first obeyed the injunctions of the law in that respect.
XCV. The president, in addition to the present naval peace estab-
lishment, shall employ a number of able seamen, ordinary seamen, and
boys, not exceeding 500, should the exigency of the public service re-
quire the same.
XCVI. To carry into effect a convention between the United States
and the Cherokee nation of Indians, there shall be paid to the said
Cherokee nation 2000 dollars, and the further annual sum of 2000
dollars, for four years successively; and to the Cherokee chief, called
the Black Fox, the annual sum of 100 dollars during life.
To carry into effect a treaty between the United States and the Pi-
ankeshaw Indians, concluded at Vincennes on the 30th day of Decem-
―133―
ber 1805, 1000 dollars, and a further annual sum of 300 dollars, are
likewise granted.
XCVII. The marshal of the district of New York shall discharge
Gilbert Drake, late collector of the direct tax in said district, from his
imprisonment, on a warrant of distress issued against him by the super-
visor of said district: provided he take, before any judge of the United
States, or of the supreme court of New York, or court of common
pleas of the county in which he is imprisoned, so much of an oath
imposed on persons imprisoned for debt by the act for the relief of
persons imprisoned for debt as relates to his not having transferred
his property with intent to defraud the United States: and provided
he assign all his estate to some person for the use of the United
States, under the direction of the secretary of the treasury; and that
any estate which he may hereafter acquire shall be liable for the said
demand.
XCVIII. The following shall be post roads: from New Orleans
to the Balize, and from New Orleans, by the mouth of the Fourche,
mouth of the canal of Attakapas, lake Veret, the ferry of lake Veret,
the mouth of Teache, the church of Attakapas, and the church of
Appelousas, to Rapides. And the postmaster-general shall pay to
the postmaster appointed at the Balize, in addition to the legal fees
of office, a salary not exceeding 400 dollars per annum.
The president shall cause to be opened a road from the 31st degree
of north latitude to New Orleans, on the route from Athens to New
Orleans, under such regulations as may be agreed upon for that pur-
pose between the executive of the United States and the Spanish go-
vernment; and may expend, in opening the same, any part of the
money heretofore granted for opening a road on the said route from
the frontier of Georgia to the 31st degree of north latitude, which re-
mains unexpended.
XCIX. An act concerning the bank of Detroit, adopted by the go-
vernor and judges of the territory of Michigan on the 19th of Sep-
tember, 1806, shall be void.
C. The secretary of the treasury shall pay to the governor, judges,
and secretary of the Indiana territory, 300 dollars each, for the extra
services by them performed, in obedience to the act erecting Louisia-
na into two territories, and providing for the temporary government
thereof.
CI. If any person shall, after March 3d, 1807, make a settlement
on any lands ceded to the United States, by any treaty made with a
foreign nation, or by cession from any state to the United States,
which lands shall not have been previously sold or leased by the
United States, or the claim to which lands, by such persons, shall
not have been previously recognized by the United States; or if
any persons shall cause such lands to be thus settled, or shall
survey any such lands, or mark out any boundaries thereon, till au-
thorized by law; they shall forfeit all their right to the lands afore-
said. The president shall direct the marshal to employ such mi-
litary force as he may judge proper to remove from lands so ceded
to the United States any persons who shall hereafter make a settle-
―134―
ment as aforesaid, till authorized by law. And every right forfeited
under this act shall forthwith vest in the United States: but the right
of any person to lands in the territories of Orleans or Louisiana, be-
fore the commissioners established by the act for ascertaining and ad-
justing the titles and claims to land within the territory of Orleans
and the district of Louisiana shall have made their reports, and the
decision of congress been had thereon, shall not be impaired.
Any persons who, before March 3d, 1807, had made a settlement
on any lands ceded to the United States as aforesaid, which had not
been previously ceded by the United States, or the claim to which
had not been previously recognized by the same, and who, on the
3d of March, 1807, actually resided on such lands, may, at any time
prior to the first of January, 1808, apply to the proper register of the
land office established in the district, stating the land thus settled, and
requesting permission to continue thereon; and thereupon such re-
gister may permit, agreeably to instructions given by the secretary of
the treasury, with the approbation of the president, such applicants to
to remain on such land, not exceeding 320 acres for each applicant,
as tenants at will, on such conditions as shall prevent any waste on
such lands, and on condition that such applicant shall, whenever such
land may be sold by the United States, or whenever, for any other
cause, they may be required so to do, give quiet possession of such
land to the purchaser, or remove altogether from it, as the case may
be: but such permission shall not be granted to any such applicant,
unless he sign a declaration, stating that he lays no claim to such
land, nor occupies the same by virtue of any claim derived from any
other person. In all cases where the land applied for includes either
a lead-mine or salt-spring, no permission to work the same shall be
granted without the approbation of the president, who may cause such
mines or springs to be leased for a term not exceeding three years,
and on what conditions he thinks proper.
All applications made and provisions granted by virtue of this law
shall be entered on books kept by the registers; and they shall receive
for each application 50 cents, and for each permission one dollar,
from the applicant.
After the 1st day of January, 1808, the marshal, under the instruc-
tions of the president, shall remove from the lands aforesaid any per-
sons found on the same without permission as aforesaid: but three
months' notice shall be given to all persons so illegally settled on such
lands. And every such person, being, at any time after the expira-
tion of three months after such notice given, found on such lands,
shall pay 100 dollars, and be imprisoned, on conviction, at the discre-
tion of the court, not exceeding six months; and the certificate of the
proper register shall be a sufficient proof that the land occupied by
the offender had not been previously sold by the United States, that
the claim to such tract had not been recognized by the United States,
and that the person occupying the same had not obtained permission
to remain theron: but this law shall affect no person claiming lands in
the territories of Orleans or Louisiana, whose claim shall have been
―135―
filed with the proper commissioners before the 1st day of January,
1808.
CII. The decisions made by the commissioners appointed for exa-
mining the claims of persons claiming lands in the district of Vin-
cennes, in favour of such claimants as entered in the transcripts of
decisions transmitted by the said commissioners to the secretary of
the treasury, according to law, shall be valid.
The confirmation or grants of land, made in the said district, by the
governors of the North-west and Indiana territories, prior to the es-
tablishment of the board of commissioners aforesaid, and conform-
ably to the act for granting lands to the inhabitants and settlers at
Vincennes and the Illinois country, in the territory north-west of
the Ohio, and for confirming them in their possessions, shall be valid,
unless when actually rejected by the said commissioners, though the
persons entitled to the land may not have given notice of their claim,
as required by the several acts disposing of the public lands in the
Indiana territory: but no other claims shall be confirmed than such as,
having been entered on the territorial records, have by the commission-
ers aforesaid been inserted in their reports transmitted as aforesaid.
The several persons or their legal representatives to whom the se-
veral tracts of the tract of land near Vincennes, known by the name of
the Upper Prairie, have been heretofore confirmed, shall possess claims
to the respective tracts also claimed by them, and in their actual pos-
session, lying in that tract which contains 244 acres, and which is known
by the name of Continuation, and is situated between the boundaries
of the tracts already confirmed and the river Wabash.
The several persons whose claims are confirmed by this act, and had
not been actually located prior to the establishment of the board of
commissioners, may enter their locations with the register of the land
office of Vincennes, on any part of the tracts set aside for that purpose,
by virtue of the act respecting the claims to lands in the Indiana ter-
ritory and state of Ohio, and agreeably to that act: but such location
shall be made prior to the 1st of July, 1808, and the right of any person
neglecting to locate prior to that day shall be void.
Every person, or his legal representative, whose claim to land is con-
firmed by this act, and who had not previously obtained a patent for
the same, from the governor either of the territory north-west of the
Ohio or of the Indiana territory, shall, when his claim is located and
surveyed, receive from the register of the land office at Vincennes a
certificate, stating that the claimant is entitled to a patent for such tract
by virtue of this act; for which certificate the register shall receive
one dollar; and which certificate shall entitle the party to a patent for
the said tract, to issue as in case of other lands of the United States.
The register and receiver of public monies in the district of Kas-
kaskias shall be allowed till the 1st day of December, 1807, to com-
plete the investigation of claims to land in the said district. And each
of the said officers, and the clerk of the board, shall be allowed, addi-
tionally, 500 dollars in full for his service.
The public sales of the public lands in the district of Vincennes
may be continued six weeks, if the term of three weeks now prescribed
―136―
by law do not suffice to offer all the lands within the said district for
sale.
Persons entitled to a right of pre-emption to lands in the Missisippi
territory shall be allowed till the 1st day of January, 1808, to make
the first payment of the purchase money of such lands.
CIII. The secretary of war shall place the following persons, whose
claims have been transmitted to congress, pursuant to a law passed
the 10th of April, 1806, on the pension list of invalid pensioners of the
United States:
Richard Fairbrother, at the rate of three dollars per month, to
commence on the 26th day of May, 1806.
John De Voe, at 2 dollars and 50 cents per month, to commence on
the 1st day of August, 1806:
Peter Demarest, at 3 dollars and 75 cents per month, to commence
on the 1st day of August, 1806:
Stephen Ogden, at 2 dollars and 50 cents per month, to commence
on the 25th day of August, 1806:
John Berry, at 5 dollars per month, to commence on the 2d day of
September, 1806:
John King, at 4 dollars per month, to commence on the 18th day
of October, 1806:
Robert Ames, at 5 dollars per month, to commence on the 18th day
of October, 1806:
Charles Gowin, at 2 dollars and 50 cents per month, to commence
on the 31st day of October, 1806:
Francis L. Slaughter, at 3 dollars per month, to commence on the
15th day of November, 1806:
William Re Beck, at 4 dollars per month, to commence on the 22d
day of November, 1806:
Spafford Ames, at 5 dollars per month, to commence on the 11th
day of December, 1806:
Josiah Jones, at 4 dollars per months, to commence on the 22d day
of December, 1806:
Samuel Downdney, at 2 dollars and 50 cents per month, to com-
mence on the 27th day of December, 1806:
Eliphalet Easton, at 5 dollars per month, to commence on the 31st
day of December, 1806:
Joseph Ligon, at 3 dollars per month, to commence on the 8th day
of January, 1807:
John Hubbard, at 3 dollars per month, to commence on the 8th day
of January, 1807:
Daniel Guard, at 2 dollars and 50 cents per month, to commence on
the 23d day of January, 1807:
Elisha Forbes, at 3 dollars per month, to commence on the 24th day
of January, 1807:
Alexander Simonton, at 3 dollars per month, to commence on the
9th day of January, 1807:
Noah Robinson, at 10 dollars per month, to commence on the 23d
day of October, 1806:
―137―
Charles Mynn Thruston, at 20 dollars per month, to commence on
the 14th day of July, 1806:
Jonas Farnsworth, at 10 dollars per month, to commence on the 2d
day of September, 1806:
Benoni Hathaway, at 10 dollars per month, to commence on the
6th day of September, 1806:
Thomas Marshal Baker, at 10 dollars per month, to commence on
the 29th day of September, 1806:
James Dysart, at 10 dollars per month, to commence on the 18th
day of December, 1806:
Henry Ten Eyck, at 10 dollars per month, to commence on the 8th
day of January, 1807:
John Little, at 20 dollars per month, to commence on the 13th day
of January, 1807:
Thomas Harris, at 15 dollars per month, to commence on the 3d
day of October, 1806:
Daniel Ball, at 10 dollars per month, to commence on the 17th day
of February, 1807:
The pensions of the following persons, already placed on the pension
list, whose claims for an increase of pension have been transmitted to
congress, pursuant to the act aforesaid, shall be increased as follows:
Seth Wyman, 4 dollars per month, to commence on the 16th day
of June, 1806:
George Bradford, 5 dollars per month, to commence on the 15th day
of August, 1806:
Abel Furney, 5 dollars per month, to commence on the 29th day of
August, 1806:
Charles Scott, 5 dollars per month, to commence on the 1st day of
September, 1806:
Ephraim Baily, 5 dollars per month, to commence on the 4th day
of September, 1806:
Asa Ware, 5 dollars per month, to commence on the 9th day of Sep-
tember, 1806:
Daniel Hickey, 5 dollars per month, to commence on the 24th day
of September, 1806:
Daniel Nutting, 2 dollars per month, to commence on the 7th day
of October, 1806:
Abel Woods, 5 dollars per month, to commence on the 10th day of
October, 1806:
Joseph Morril, 5 dollars per month, to commence on the 24th day
of October, 1806:
William Neley, 5 dollars per month, to commence on the 24th day
of October, 1806:
Elisha Frizzle, 3 dollars and 75 cents per month, to commence on
the 3d day of November, 1806:
William Burritt, 5 dollars per month, to commence on the 3d day
of November, 1806:
Benjamin Smith, 5 dollars per month, to commence on the 3d day
of November, 1806:
―138―
George Pittman, 5 dollars per month, to commence on the 1st day
of February, 1807:
Gustavus Alrick, 3 dollars and 33⅓ cents per month, to commence
on the 21st day of November, 1806:
Jabes Pembleton, 2 dollars and 50 cents per month, to commence
on the 27th day of December, 1806:
Wiat Hinkley, 5 dollars per month, to commence on the 28th day
of December, 1806:
Edward Evans, 5 dollars per month, to commence on the 15th day
of January, 1807:
Moses Wing, 5 dollars per month, to commence on the 24th day
of December, 1806:
John Cavenough, 3 dollars per month, to commence on the 17th
day of January, 1807:
Richard Hardin, 5 dollars per month, to commence on the 11th day
of September, 1806:
Jonathan Holton, 10 dollars per month, to commence on the 8th
day of September, 1806:
Jonathan Willard, 5 dollars per month, to commence on the 8th
day of September, 1806:
Thomas Pearson, 13 dollars 33⅓ cents per month, to commence on
the 28th day of July, 1806:
John Maynard, 6 dollars per month, to commence on the 25th day
of July, 1806:
Thomas Avery, 16 dollars 66⅔ cents per month, to commence on
the 3d day of October, 1806:
Ebenezer Coe, 20 dollars per month, to commence on the 31st day
of July, 1806:
Ebenezer Bancroft, 6 dollars per month, to commence on the 31st
day of October, 1806:
William Worthington, 15 dollars per month, to commence on the
19th day of November, 1806:
David Hawley, 10 dollars per month, to commence on the 8th day
of December, 1806:
The pension of Benjamin Bartlet, of Massachusetts, employed in
the service of the United States as an escort, spy, and guide, at 1 dol-
lar per day, during hostilities with certain Indian tribes, in 1794, and
was wounded while in such service, shall be increased to 5 dollars per
month.
The pensioners becoming such in virtue of this act, shall be paid in
the same manner as invalid pensioners are paid, who have heretofore
been placed on the pension list, under such regulations as are pre-
scribed by law in such cases.
CIV. For the disposal of the public lands situate between the
United States military tract and the Connecticut reserve, a land office
shall be kept where the president may direct; and for the dis-
posal of the public lands lying on the Ohio river, between the Cincin-
nati and Vincennes districts, a land office shall be established at Jef-
fersonville: and for each office a register and receiver of public mo-
nies shall be appointed, with the same obligations, duties, and emo-
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luments as are affixed by law to the several offices established for the
disposal of the public lands north of the river Ohio, and above the
mouth of Kentucky river.
All the lands of the United States, in the said districts, shall, except
the section number sixteen, and except also thirteen sections, includ-
ing the lower town of the Delaware tribe of Indians, and their im-
provements, which said thirteen sections shall be marked by the
secretary of the treasury, and be reserved for the use of the said tribe
and their descendants, while they reside thereon, and cultivate the
same, be sold to the highest bidder, under the direction of the regis-
ter of the land office, and of the receiver of public monies, at the
places, respectively, where the land offices are kept, and on days ap-
pointed by proclamation of the president: the sales shall remain open
at each place only six weeks, the lands shall be sold for not less than
two dollars an acre, and in tracts of the same size, and on the same con-
ditions, as are fixed by law for lands sold north of the river Ohio, and
above the mouth of the Kentucky river. All the public lands in the
said districts, except as above, remaining unsold at the close of the
public sales, may be disposed of at private sale, by the register of the
respective land offices, in the same way as is or may be fixed by law
for the sale of the public lands north of the river Ohio, and above the
mouth of the Kentucky river, and patents be issued therefor, in the
same manner as is fixed by law for other public lands sold in the
state of Ohio and the Indiana territory.
The several superintendants of public sales, directed by this act,
shall receive six dollars a day for each day's attendance on the said
sales.
The president of the United States, in the recess of congress, shall
appoint the registers and receivers of public monies of the land offices
established by this act, and their commissions shall be in force till the
end of the session of congress next ensuing such appointment.
The several lead-mines in the Indiana territory, with as many sec-
tions contiguous to each as shall be deemed necessary by the presi-
dent, shall be reserved for the future disposal of the United States;
and any grant hereafter made for a tract containing a lead-mine,
discovered previous to the purchase of such tract from the United
States, shall be void: and the president shall lease any lead-mine,
discovered in the Indiana territory, for a term not exceeding five
years.
George Ash shall have the right of pre-emption to 640 acres of
land, including his improvement on the river Ohio, below the former
Indian boundary line; the boundaries of the tract shall be marked by
the register of the land office, and the land shall be granted to him
at the same price, and in the same manner, as for other public land
sold at private sale; the respective instalments of the purchase money
shall become due at the same time with the payments of the first pub-
lic lands sold in that district.
On the 3d of March, 1807, both houses of congress resolved, that
the secretary of the treasury shall cause to be published the report
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and chart of a survey of the coast of North Carolina, made by Thomas
Coles and Jonathan Price, under the act of congress passed at the last
session for that purpose.
PUBLIC ACTS.
I. A treaty between the United States of America and the Pianke-
shaw tribe of Indians, concluded at Vincennes, on the the 30th of
December, 1805, and duly ratified by the president on the 22d of
May, 1807, by and with the advice and consent of the senate.
1. The Piankeshaw tribe cedes and relinquishes to the United
States for ever all that tract of country (with the exception of the re-
servation hereinafter made) which lies between the Wabash and the
tract ceded by the Kaskaskia tribe, in the year 1803, and south of a
line to be drawn from the north-west corner of the Vincennes tract,
north seventy-eight degrees west, until it intersects the boundary line
which has heretofore separated the lands of the Piankeshaws from
the said tract ceded by the Kaskaskia tribe.
2. The United States take the Piankeshaw tribe under their imme-
diate care and patronage, and will extend to them a protection as ef-
fectual as that which is enjoyed by the Kaskaskia tribe; and the said
Piankeshaw tribe will never commit any depredations, or make war
upon any of the other tribes, without the consent of the United States.
3. The United States will cause to be delivered to the Piankeshaws
yearly, and every year, an additional annuity of 300 dollars, which is
to be paid in the same manner, and under the same conditions, as
that to which they are entitled by the treaty of Greenville: provided
always, that the United States may, at any time they shall think pro-
per, divide the said annuity among the individuals of the said tribe.
4. The stipulations made in the preceding articles, together with
the sum of 1100 dollars, which is now delivered, the receipt whereof
the said chiefs do hereby acknowledge, is considered a full compensa-
tion for the cession and relinquishment above mentioned
5. As long as the lands now ceded remain the property of the
United States, the said tribe shall have the privilege of living and hunt-
ing upon them, in the same manner that they have heretofore done;
and they reserve to themselves the right of locating a tract of two
square miles, or 1280 acres, the fee of which is to remain with them
for ever.
6. This treaty shall be in force as soon as it shall be ratified by the
president of the United States, by and with the advice and consent
of the senate.
II. A treaty between the United States of America and the Chick-
asaw nation of Indians, on the 23d of July, 1805, and duly ratified by
the president of the United States, on the 22d of May, 1807.
1. Whereas the Chickasaw nation of Indians have been for some
time embarrassed by heavy debts due to their merchants and traders,
―141―
and being destitute of funds to effect important improvements in their
country, they have agreed and do hereby agree to cede to the United
States, and for ever quit claim to the tract of country included within
the following bounds, to wit: beginning on the left bank of Ohio, at
the point where the present Indian boundary adjoins the same, thence
down the left bank of Ohio to the Tennessee river; thence up the
main channel of the Tennessee river to the mouth of Duck river;
thence up the left bank of Duck river to the Columbian highway or
road leading from Nashville to Natchez; thence along the said road to
the ridge dividing the waters running into Duck river from those
running into Buffaloe river; thence eastwardly along the said ridge to
the great ridge dividing the waters running into the main Tennessee
river from those running into Buffaloe river near the main source of
Buffaloe river; thence in a direct line to the Great Tennessee river
near the Chickasaw old fields or eastern point of the Chickasaw
claim on that river; thence northwardly to the great ridge dividing
the waters running into the Tennessee from those running into Cum-
berland river, so as to include all the waters running into Elk river,
thence along the top of the said great ridge to the place of beginning;
reserving a tract of one mile square adjoining to and below the
mouth of Duck river on the Tennessee, for the use of the chief
O'Koy or Lishmastubbee.
2. The United States on their part, and in consideration of the
above cession, agree to make the following payments, to wit: 20,000
dollars for the use of the nation at large, and for the payment of the
debts due to their merchants and traders; and to George Colbert and
O'Koy 2000 dollars, that is, to each 1000 dollars. This sum is
granted to them at the request of the national council, for services ren-
dered their nation, and is to be subject to their individual order, wit-
nessed by the resident agent; also to Chinnubbee Mingo, the king of
the nation, an annuity of 100 dollars, during his natural life, granted
as a testimony of his personal worth and friendly disposition. All
the above payments are to be made in specie.
3. In order to preclude for ever all disputes relative to the boun-
dary mentioned in the first section, it is hereby stipulated, that the
same shall be ascertained and marked by a commissioner or commis-
sioners on the part of the United States, accompanied by such person
as the Chickasaws may chuse, so soon as the Chickasaws shall have
thirty days' notice of the time and place at which the operation is to
commence; and the United States will pay the person appointed on
the part of the Chickasaws two dollars per day during his actual attend-
ance on that service.
4. It is hereby agreed on the part of the United States, that from
and after the ratification of these articles, no settlement shall be
made by any citizen, or permitted by the government of the United
States, on that part of the present cession included between the pre-
sent Indian boundary and the Tennessee, and between the Ohio and
a line drawn due north from the mouth of Buffaloe to the ridge di-
viding the waters of Cumberland from those of the Tennessee river,
to the term of three years.
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5. The articles now stipulated will be considered as permanent ad-
ditions to the treaties now in force between the contracting parties, as
soon as they shall have been ratified by the president of the United
States of America, by and with the advice and consent of the senate
of the United States.
III. A convention between the United States and the Cherokee na-
tion of Indians, concluded on the 7th of January, 1806, and duly rati-
fied by the president of the United States, on the 22d of May, 1807.
1. The undersigned chiefs and head men of the Cherokee nation of
Indians, for themselves and in behalf of their nation, relinquish to the
United States all right, title, interest, and claim, which they or their
nation have or ever had to all that tract of country which lies to the
northward of the river Tennessee and westward of a line to be run
from the upper part of the Chickasaw Old Fields, at the upper point
of an island, called Chickasaw island, on said river, to the most easterly
head waters of that branch of said Tennessee river called Duck river,
excepting the two following described tracts, viz.: one tract bounded
southerly on the said Tennessee river, at a place called the Muscle
shoals, westerly by a creek called Te Kee, ta, no-eh, or Cyprus creek,
and easterly by Chu, wa, lee, or Elk river or creek, and northerly by
a line to be drawn from a point on said Elk river, ten miles on a di-
rect line from its mouth or junction with the Tennessee river, to a
point on the said Cyprus creek, ten miles on a direct line from its
junction with the Tennessee river.
The other tract is to be two miles in width on the north side of
Tennessee river, and to extend northerly from that river three miles,
and bounded as follows, viz.: beginning at the mouth of Spring creek,
and running up said creek three miles on a straight line, thence
westerly two miles at right angles with the general course of said
creek, thence southerly on a line parallel with the general course of
said creek to the Tennessee river, thence up said river by its waters
to the beginning; which first reserved tract is to be considered the
common property of the Cherokees who now live on the same, in-
cluding John D. Chesholm, Au, tow, we, and Che Chout, and the
other reserved tract, on which Moses Melton now lives, is to be con-
sidered the property of said Melton and of Charles Hicks in equal
shares.
And the said chiefs and head men also agree to relinquish to the
United States all right or claim which they or their nation have to
what is called the Long Island, in Holston river.
2. The said Henry Dearborn, on the part of the United States,
hereby stipulates and agrees, that, in consideration of the relinquish-
ment of title by the Cherokees, as stated in the preceding article, the
United States will pay to the Cherokee nation 2000 dollars in money,
as soon as this convention shall be duly ratified by the government of
the United States; and 2000 dollars in each of the four succeeding
years, amounting in the whole to 10,000 dollars; and that a grist-
mill shall, within one year from the date hereof, be built in the Che-
rokee country, for the use of the nation, at such place as shall be con-
sidered most convenient; that the said Cherokees shall be furnished
―143―
with a machine for cleaning cotton; and also, that the old Cherokee
chief, called the Black Fox, shall be paid anually 100 dollars by the
United States during his life.
3. It is also agreed, on the part of the United States, that the go-
vernment thereof will use its influence and best endeavours to prevail
on the Chickasaw nation of Indians to agree to the following boundary
between that nation and the Cherokees to the southward of the Ten-
nessee river, viz.: beginning at the mouth of Caney creek, near the
lower part of the Muscle shoals, and to run up the said creek to its
head, and in a direct line from thence to the flat stone or rock, the
old corner boundary.
But it is understood by the contracting parties that the United
States do not engage to have the aforesaid line or boundary esta-
blished; but only to endeavour to prevail on the Chickasaw nation to
consent to such a line as the boundary between the two nations.
4. It is further agreed, on the part of the United States, that the
claims which the Chickasaws may have to the two tracts reserved by
the first article of this convention on the north side of the Tennessee
river shall be settled by the United States in such manner as will be
equitable, and will secure to the Cherokees the title to the said reserv-
ations.
TABLE OF LAWS.
1. AN act to suspend the operation of an act, intituled “an act to
prohibit the importation of certain goods, wares, and merchandize,”
and to remit the penalties incurred under the same.
2. An act making appropriations for the support of the navy of the
United States, during the year 1807.
3. An act making appropriations for the support of the military
establishment of the United States, for the year 1807.
4. An act for the relief of George Little.
5. An act to alter the time of holding the circuit and district courts
in the district of North Carolina.
6. An act for the relief of Seth Harding, late a captain in the navy
of the United States.
7. An act for the relief of the sufferers by fire, in the town of Ports-
mouth, New Hampshire.
8. An act to provide for surveying the coasts of the United States.
9. An act authorizing the erection of certain light-houses, and the
fixing of stakes, buoys, and beacons, at certain places therein named.
10. An act for the relief of Edmund Briggs.
11. An act for the relief of William Hearn.
12. An act supplementary to the act, intituled “an act making pro-
vision for the redemption of the whole of the public debt of the United
States.”
―144―
13. An act to extend the power of granting writs of injunctions to
the judges of the district courts of the United States.
14. An act to annex certain shores and waters to the district of
Missisippi; and to authorize the building a custom house at New
Orleans.
15. An act authorizing the president of the United States to accept
the service of a number of volunteer companies, not exceeding 30,000
men.
16. An act establishing circuit courts, and abridging the jurisdic-
tion of the district courts of the districts of Kentucky, Tennessee, and
Ohio.
17. An act to continue in force, for a further time, an act, intituled
“an act to suspend the commercial intercourse between the United
States and certain parts of the island of St. Domingo.”
18. An act further supplementary to the act, intituled “an act con-
cerning the district of Columbia.”
19. An act respecting seizures made under the authority of the
United States, and for other purposes.
20. An act to punish frauds committed on the bank of the United
States.
21. An act to extend the time for locating Virginia military war-
rants, for returning surveys thereon to the office of the secretary of
the department of war, and appropriating lands for the use of schools
in the Virginia military reservation, in lieu of those heretofore ap-
propriated.
22. An act to prohibit the importation of slaves into any port or
place within the jurisdiction of the United States, from and after the
1st day of January, in the year of our Lord 1808.
23. An act to reduce the expences attending the administration of
justice in the district of Columbia.
24. An act for the relief of Oliver Pollock.
25. An act allowing an additional compensation to the judges of the
Missisippi, Indiana, Michigan, and Louisiana territories.
26. An act authorizing the settlement of the accounts between the
United States and William Eaton.
27. An act for the relief of Stephen Sayre.
28. An act making appropriations for finishing the south wing of
the capitol, and for other purposes.
29. An act making appropriations for the support of government,
during the year 1807.
30. An act repealing the acts laying duties on salt, and continuing
in force, for a further time, the first section of the act, intituled “an
act further to protect the commerce and seamen of the United States
against the Barbary powers.”
31. An act authorizing patents to issue for lands located and sur-
veyed by virtue of certain Virginia resolution warrants.
32. An act making compensation to Messrs. Lewis and Clarke,
and their companions.
33. An act for the relief of Daniel S. Dexter.
―145―
34. An act regulating the grants of land in the territory of Mi-
chigan.
35. An act making appropriations for carrying into effect a treaty
between the United States and the Chickasaw tribe of Indians; and to
establish a land office in the Missisippi territory.
36. An act respecting claims to land in the territories of Orleans
and Louisiana.
37. An act making further appropriations for fortifying the ports
and harbours of the United States.
38. An act for the relief of John Chester.
39. An act authorizing the employment of the land and naval
forces of the United States, in cases of insurrections.
40. An act in addition to an act, intituled “an act in addition to an
act, intituled ‘an act supplementary to the act providing for a naval
peace establishment, and for other purposes.”
41. An act making appropriations for carrying into effect certain
treaties with the Cherokee and Piankeshaw tribes of Indians.
42. An act authorizing the discharge of Gilbert Drake from his
imprisonment.
43. An act to establish certain post roads; and for other purposes.
44. An act disapproving of an act passed by the governor and
judges of the territory of Michigan, intituled “an act concerning the
bank of Detroit.”
45. An act making compensation, for extra services, to the
governor, judges, and secretary of the Indiana territory.
46. An act to prevent settlements being made on lands ceded to
the United States, until authorized by law.
47. An act confirming claims to land in the district of Vincennes;
and for other purposes.
48. An act concerning invalid pensioners.
49. An act making provision for the disposal of the public lands
situated between the United States' military tract and the Connecticut
reserve; and for other purposes.
50. Resolution to publish the report and chart of the survey of the
coast of North Carolina.
51. Treaty between the United States and the Piankeshaw tribe of
Indians.
52. Treaty between the United States and the Chickasaw nation of
Indians.
53. Convention between the United States and the Cherokee na-
tion of Indians.