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Acts of Congress.

or chief, to war against the United States, or to the violation of any existing treaty; or in case any citizen or other person shall alienate, or attempt to alienate, the confidence of the Indians from the Government of the United States, or from any such person or persons as are or may be employed and intrusted by the President of the United States as a commissioner or commissioners, agent or agents, or in any capacity whatever, for facilitating or preserving a friendly intercourse with the Indians, or for managing the concerns of the United States with them, he shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months.

SEC. 4. And be it further enacted, That the provisions of the act, entitled "An act to regulate trade and intercourse with the Indian tribes, and

to preserve peace on the frontiers," passed the third day of March, one thousand seven hundred and ninety-nine, be, and the same are hereby extended to carry into effect this act, and for the trial and punishment of offences against it, in the same manner as if they were herein specially recited.

SEC. 5. And be it further enacted, That this act shall continue and be in force until the third day of March, in the year one thousand eight hundred and two, and no longer.

An Act to suspend in part, an act, entitled "An act to augment the army of the United States; and for other purposes."

Be it enacted, &c., That all further enlistments under the second section of an act, entitled "An act to augment the army of the United States, and for other purposes," shall be suspended until the further order of Congress, unless in the recess of Congress, and during the continuance of the existing differences between the United States and the French Republic, war shall break out between the United States and the French Republic, or imminent danger of invasion of their territory by the said Republic, shall, in the opinion of the President of the United States, be discovered to exist. Approved, February 20, 1800.

An Act further to suspend the commercial intercourse

between the United States and France, and the dependencies thereof.

Be it enacted, &c., That all commercial intercourse between any persons resident within the United States or under their protection, and any person or persons resident within the territories of the French Republic, or any of the dependencies thereof, shall be, and, from and after the second day of March next, is hereby prohibited and farther suspended, excepting only in the cases hereinafter provided. And any ship or vessel, owned, An Act to repeal part of an act, entitled "An act to pro-hired, or employed, wholly or in part, by any pervide for mitigating or remitting the forfeitures, penal-son or persons resident within the United States, ties, and disabilities, accruing in certain cases therein mentioned, and to continue in force the residue of

Approved, January 17, 1800.

the same."

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Be it enacted, &c., That the fourth section of an act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned," passed on the third day of March, one thousand seven hundred and ninety-seven, shall be, and the same is hereby repealed, and the residue of the said act shall be, and the same is hereby, continued in full force.without limitation of time.

Approved, February 11, 1800.

or any citizen or citizens thereof resident elsewhere, and sailing therefrom after that day, which, conried, or shall be destined or permitted to proceed, trary to the intent hereof, shall be voluntarily caror shall be sold, bartered, intrusted, or transferred, for the purpose that she may proceed, whether directly or from any intermediate port or place within the territories of that Republic, or any of the dependencies thereof; or shall be engaged in any traffic or commerce, by or for any person resident within the territories of that Republic, or within any of the dependencies thereof; and also any cargo which shall be found on board such ship or vessel, when detected and interrupted in such unlawful purpose, or at her return from such voyage to the United States, shall be wholly forfeited, and may be seized and condemned in any court of the United States having competent jurisdiction.

An Act giving further time to the holders of military warrants, to register and locate the same. Be it enacted, &c., That the Secretary of the Treasury shall, for the space of fourteen days after the expiration of the nine months heretofore allowed for that purpose, by the act, entitled "An SEC. 2. And be it further enacted, That exceptact regulating the grants of land, appropriated for ing for foreign ships or vessels owned, hired, and military services, and for the Society of the Uni- employed by persons permanently residing in ted Brethren for propagating the Gospel among Europe, and commanded and wholly navigated the Heathen," register warrants for military ser- by foreigners, no clearance for a foreign voyage vices in the form and manner as is prescribed by shall be granted to any ship or vessel whatever, the said recited act; and the priority of location until the owner or employer for the voyage, or if of said warrants, and the warrants registered un- not resident within the district where the clearance der the said recited act, shall be determined by lot, shall be required, his factor or agent, with the masimmediately after the expiration of the said four-ter and one or more sufficient surety or sureties teen days, and a day for the location shall be fixed by the Secretary of the Treasury, in a public notice given in one of the gazettes of the city of Philadelphia.

Approved, February 11, 1800.

to the satisfaction of the collector of the district, shall give bond to the United States, such owner, employer, or factor, with the master, in a sum equal to the value of the vessel, and of one-third of her cargo; and such surety or sureties in a like

Acts of Congress.

sum, when it shall not exceed ten thousand dol- cal or national intercourse with the Government lars; and if it shall exceed, then in that sum, with of the United States, and not in any commercial condition that the ship or vessel for which a clear- intercourse, and which shall be received, and perance shall be required, is actually destined, and mitted by the President of the United States to shall proceed to some port or place without the remain within the same: And provided, also, that limits or jurisdiction of the French Republic, or until the first day of August next, and no longer, any of the dependencies thereof, and during the any ship or vessel, wholly owned or employed by intended voyage shall not be voluntarily carried, a foreigner, other than any person resident in or permitted to proceed or sold, intrusted or trans- France, or in any of the dependencies of the French ferred, with the purpose that she may proceed, Republic, and which coming therefrom shall be whether directly or from any intermediate port destined to the United States, and shall arrive or place, to any port or place within the territories within the same, not having otherwise contraof that Republic, or any of the dependencies there-vened this act, shall be required and permitted to of; and shall not, at any such port or place, vol- depart therefrom; and in case she shall accordinguntarily deliver or unlade any part of such cargo; ly depart without any unreasonable delay, and and, if compelled by distress of weather, or taken without delivery, or attempting to deliver, any cargo by force into any such port or place, will not there or lading within the United States, suchship or vesreceive on board of such ship or vessel, any goods, sel, or any cargo which may be on board the same, produce, or merchandise, other than necessary sea-shall not be liable to the forfeiture aforesaid. stores; and generally, that such ship or vessel shall not be employed in any traffic or commerce, with or for any person resident within the territory of the French Republic, or any of the dependencies thereof.

SEC. 3. Provided, and be it further enacted, That when any ship or vessel which shall obtain a clearance for a foreign voyage, after a bond shall be given as aforesaid, shall be compelled by distress of weather, or other casualty endangering the safety of such ship or vessel, or of the mariners on board the same, or shall be taken by any armed vessel, or other superior force, into any port or place within the territories of the French Republic, or any of the dependencies thereof, and shall there necessarily unfade and deliver, or shall be deprived of any cargo then on board, then, and in such case, the master or other person having charge of such ship or vessel, may receive compensation or payment in bills of exchange, or in money or bullion, for such cargo, but not otherwise, and shall not be understood thereby to contravene this law, or to incur a forfeiture of the said bond.

SEC. 4. And be it further enacted, That no ship or vessel coming from any port or place within the territories of the French Republic, or any of the dependencies thereof, whether with or without a cargo, or from any other port or place, with a cargo on board obtained for, or laden on board of such vessel at any port or place within the said territories or dependencies, which shall arrive within the limits of the United States, after the second day of March next, shall be admitted to entry with the collector of any district; and each and every such ship or vessel which shall arrive as aforesaid, having on board any goods, wares, or merchandise, destined to be delivered within the United States, contrary to the intent of this act, or which shall have otherwise contravened the same, together with the cargo which shall be found on board, shall be forfeited, and may be seized and condemned in any court of the United States having competent jurisdiction: Provided, That nothing herein contained shall be construed to prohibit the entry of any vessel having a passport granted under the authority of the French Republic, and solely employed for purposes of politi

SEC. 5. And be it further enacted, That if any ship or vessel, coming from any port or place within the territories of the French Republic, or any of the dependencies thereof, or with any cargo there obtained on board, but not destined to any port or place within the United States, shall be compelled by distress of weather, or other necessity, to put into any port or place within the limits of the United States, such ship or vessel shall be there hospitably received in the manner prescribed by the act, entitled, “An act to regulate the collection of duties on imports and tonnage ;" and shall be permitted to make such repairs, and to obtain such supplies, as shall be necessary to enable her to proceed according to her destination; and such repairs and supplies being obtained, shall be thereafter required and permitted to depart. But if such ship or vessel shall not conform to the regulations prescribed by the act last mentioned, or shall unlade any part of her cargo, or shall take on board any cargo or supplies whatever, without the permit of the collector of the district previously obtained therefor, or shall refuse, or unreasonably delay to depart from and out of the United States, after having received a written notice to depart, which such collector may, and shall give as soon as such ship or vessel shall be fit for sea; or having departed shall return to the United States, not being compelled thereto by further distress or necessity, in each and every such case, such ship or vessel and her cargo shall be forfeited, and may be seized and condemned in any court of the United States having competent jurisdiction.

SEC. 6. And be it further enacted, That at any time after the passing of this act, it shall be lawful for the President of the United States, by his order, to remit and discontinue for the time being, whenever he shall deem it expedient, and for the interest of the United States, all, or any of the restraints and prohibitions imposed by this act, in respect to the territories of the French Republic, or to any island, port or place belonging to the said republic, with which in his opinion a commercial intercourse may be safely renewed; and also it shall be lawful for the President of the United States, whenever he shall afterwards deem

Acts of Congress.

it expedient, to revoke such order, and hereby to re-establish such restraints and prohibitions: And the President of the United States shall be, and he is hereby, authorized to make proclamation thereof accordingly.

SEC. 7. And be it further enacted, That the whole of the island of Hispaniola shall, for the purposes of this act, be considered as a dependency of the French Republic: Provided, That nothing herein contained shall be deemed to repeal or annul, in any part, the order or proclamation of the President of the United States, heretofore issued for permitting commercial, intercourse with certain ports of that island.

SEC. 8. And be it further enacted, That it shall be lawful for the President of the United States, to give instructions to the public armed vessels of the United States, to stop and examine any ship or vessel of the United States on the high sea, which there may be reason to suspect to be engaged in any traffic or commerce contrary to this act, and if, upon examination, it shall appear that such ship or vessel is bound or sailing to or from any port or place, contrary to the true intent and meaning of this act, it shall be the duty of the commander of such public armed vessel, to seize every ship or vessel engaged in such illicit commerce, and send the same to the nearest convenient port of the United States, to be there prosecuted in due course of law, and held liable to the penalties and forfeitures provided by this act.

be, and is hereby continued, and shall be taken to be in force in respect to all offences, which shall have been committed against the same, before the expiration thereof; and to the intent that all seizures, forfeitures, and penalties, arising upon such offences, may be had, sued for, prosecuted, and recovered, any limitation of the said act to the contrary hereof notwithstanding.

SEC. 12. And be it further enacted, That this act shall be and remain in force until the third

day of March, one thousand eight hundred and one: Provided, however, the expiration thereof shall not prevent or defeat any seizure, or prosecution for a forfeiture, incurred under this act, and during the continuance thereof.

Approved, February 27, 1800.

An Act providing for the second Census or enumera

tion of the inhabitants of the United States. Be it enacted, &c., That the marshals of the several districts of the United States and the secretaries of the Territory of the United States Northwest of the river Ohio, and of the Mississippi Territory, respectively, shall be, and they are hereby authorized and required, under the direction of the Secretary of State, and according to such instructions as he shall give pursuant to this act, to cause the number of the inhabitants within their respective districts and territories to be taken; omitting in such enumeration Indians not taxed, SEC. 9. And be it further enacted, That all and distinguishing free persons, including those penalties and forfeitures incurred by force of this bound to service for a term of years from all act, shall and may be examined, mitigated, and others; distinguishing also the sexes and colors remitted, in like manner, and under the like con- of free persons, and the free males under ten years ditions, regulations, and restrictions, as are pre- of age; those of ten years and under sixteen, scribed, authorized, and directed by the act, enti- those of sixteen and under twenty-six, those of tled "An act to provide for mitigating or remit- twenty-six and under forty-five, those of forty-five ting the forfeitures, penalties, and disabilities ac- and upwards. And distinguishing free females eruing in certain cases therein mentioned ;" and all under ten years of age, those of ten years and penalties and forfeitures, which may be recovered, under sixteen, those of sixteen and under twentyin pursuance of this act, in consequence of any six, those of twenty-six and under forty-five, those seizure made by the commander of any public of forty-five and upwards; for effecting which armed vessel of the United States, shall be dis- purpose, the marshals and secretaries aforesaid tributed according to the rules prescribed by the shall have power to appoint as many assistants act, entitled "An act for the government of the within their respective districts and territories, as navy of the United States;" and all other penal- aforesaid, as to them shall appear necessary; ties arising under this act, and which may be re-assigning to each assistant a certain division of covered, shall be distributed and accounted for in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage."

SEC. 10. And be it further enacted, That nothing contained in this act shall extend to any ship or vessel to which the President of the United States shall grant a permission to enter and clear; provided such ship or vessel shall be solely employed, pursuant to such permission, for purposes of national intercourse; and shall not be permitted to proceed with, or to bring to the United States, any cargo or lading whatever, other than necessary sea-stores.

SEC. 11. And be it further enacted, That the act entitled "An act further to suspend the commercial intercourse between the United States and France, and the dependencies thereof," shall 6th CON.-46

his district or territory, which division shall consist of one or more counties, cities, towns, townships, hundreds, or parishes, or of a territory plainly and distinctly bounded by water courses, mountains, or public roads: The marshals or secretaries, as the case may be, and their assistants, shall, respectively, take an oath or affirmation, before some judge or justice of the peace, resident within their respective districts or territories, previous to their entering on the discharge of the duties by this act required. The oath or affirmation of the marshal or secretary shall be: "I, A. B. marshal of the district of -, (or secretary of the terri

tory of

as the case may be,) do solemnly swear or affirm, that I will well and truly cause to be made just and perfect enumeration and description of all persons resident within my district or territory, and return the same to the Sec

Acts of Congress.

retary of State, agreeably to the directions of an
act of Congress, entitled 'An act providing for
the enumeration of the inhabitants of the United
States,' according to the best of my ability." The
oath or affirmation of an assistant shall be: " "I.
A. B., do solemnly swear (or affirm) that I will
make a just and perfect enumeration and descrip-
tion of all persons resident within the division
assigned to me by the marshal of the district of
-, (or the secretary of the territory of, as
the case may be,) and make due return thereof to
the said marshal, or secretary, agreeably to the
directions of an act of Congress, entitled 'An
act providing for the enumeration of the inhabi-
tants of the United States,' according to the best
of my abilities." The enumeration shall com-
mence on the first Monday of August next, and
shall close within nine calendar months there-
after. The several assistants shall, within the
said nine months, transmit to the marshal or sec-
retaries, by whom they shall be respectively ap-
pointed, accurate returns of all persons, except
Indians, not taxed, within their respective divis-
ions; which returns shall be made in a schedule,
distinguishing in each county, parish, township,
town or city, the several families, by the names of
their master, mistress, steward, overseer, or other
principal person therein, in the manner following,
that is to say: The number of persons within
my division,consisting of -, appears in a sche-
dule hereto annexed, subscribed by me this
day of
—, A. B. assistant to the marshal of
or to the secretary of

Name of county, parish, township, town,
or city, where the family resides.

Name of head of family.

Free white males under ten years of age.

Free white males of ten and under six

teen.

Free white males of sixteen and under twenty-six, including heads of families. Free white males of twenty-six and under forty-five including heads of families. Free white males of forty-five and upwards, including heads of families.

Free white females under ten years of age.

Free white females of ten years and under sixteen.

Free white females of sixteen and under twenty-six, including heads of families. Free white females of twenty-six, and under forty-five, including heads of families. Free white females of forty-five and upwards, including heads of families. All other free persons, except Indians not taxed.

Slaves.

Schedule of the whole number of persons in the division allotted to A. B.

king a false return of the enumeration to the marshal or secretary (as the case may be) within the time by this act limited, shall forfeit the sum of two hundred dollars.

SEC. 3. And be it further enacted, That the marshal and secretaries shall file the several returns aforesaid, with the clerks of their respective districts or superior courts, (as the case may be.) who are hereby directed to receive and carefully preserve the same. And the marshals or secretaries, respectively, shall, on or before the first day of September, one thousand eight hundred and one, transmit to the Secretary of State the aggregate amount of each description of persons within their respective districts or territories. And every marshal or secretary failing to file the returns of his assistants, or any of them, with the clerks of their respective courts as aforesaid, or failing to return the aggregate amount of each description of persons in their respective districts or territories, as the same shall appear, from said returns, to the Secretary of State, within the time limited by this act, shall, for every such offence. forfeit the sum of eight hundred dollars; all which forfeitures shall be recoverable in the courts of the districts or territories where the offences shall be committed, or in the circuit courts to be held within the same, by action of debt, information, or indictment; the one half thereof to the use of the United States, and the other half to the informer; but where the prosecution shall be first instituted on behalf of the United States, the whole shall accrue to their use. And for the more effectual discovery of offences, the judges of the several districts, and of the supreme courts, in the territories of the United States, as aforesaid, at their next sessions. to be held after the expiration of the time allowed for making the returns of the enumeration hereby directed, to the Secretary of State, shall give this act in charge to the grand juries, in their respective courts, and shall cause the returns of the several assistants to be laid before them for their inspection.

SEC. 4. And be it further enacted, That every assistant shall receive at the rate of one dollar for every hundred persons by him returned, where such persons reside in the country, and where such persons reside in a city or town containing more than three thousand persons, such assistant shall receive at the rate of one dollar for every three hundred persons, but where, from the dispersed situation of the inhabitants in some divisions, one dollar for every one hundred persons shall be insufficient, the marshal or secretaries, with the approbation of the judges of their respective districts or territories, may make such further allowance to the assistants in such divisions, as shall be deemed an adequate compensation: Provided, The same does not exceed one dollar for every fifty persons by them returned. The several marshals and secretaries shall receive as follows: The marshal of the district of Maine. two hundred dollars; the marshal of the district of New Hampshire, two hundred dollars; the

SEC. 2. And be it further enacted, That every marshal of the district of Massachusetts, three assistant, failing to make a proper return, or, ma- hundred dollars; the marshal of the district of

Acts of Congress.

Rhode Island, one hundred and fifty dollars; the marshal of the district of Connecticut, two hundred dollars; the marshal of the district of Vermont, two hundred dollars; the marshal of the district of New York, three hundred dollars; the marshal of the district of New Jersey, two hundred dollars; the marshal of the district of Pennsylvania, three hundred dollars; the marshal of the district of Delaware, one hundred dollars; the marshal of the district of Maryland, three hundred dollars; the marshal of the district of Virginia, five hundred dollars; the marshal of the district of Kentucky, two hundred and fifty dollars; the marshal of the district of North Carolina, three hundred and fifty dollars; the marshal of the district of South Carolina, three hundred dollars; the marshal of the district of Georgia, two hundred and fifty dollars; the marshal of the district of Tennessee, two hundred dollars; the secretary of the Territory of the United States Northwest of the Ohio, two hundred dollars; the secretary of the Mississippi Territory, one hundred dollars.

SEC. 5. And be it further enacted, That every person whose usual place of abode shall be in any family on the aforesaid first Monday in August next, shall be returned as of such family, and the name of every person who shall be an inhabitant of any district or territory, but without a settled place of residence, shall be inserted in the column of the aforesaid schedule, which is allotted for the heads of families in that division where he or she shall be, on the said first Monday in August next, and every person occasionally absent at the time of the enumeration, as belonging to that place in which he or she usually resides in the United States.

shal or secretary, as aforesaid, he shall forfeit the compensation by this act allowed him.

SEC. 8. And be it further enacted, That the Secretary of State shall be, and hereby is, authorized and required to transmit to the marshals of the several States, and to the secretaries aforesaid, regulations and instructions pursuant to this act, for carrying the same into effect; and, also, the forms contained therein of schedule to be returned, and proper interrogatories to be administered by the several persons who shall be employed therein.

Approved, February 28, 1800.

An Act in addition to an act, entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen."

Be it enacted, &c., That the respective points of intersection of the lines actually run, as the boundaries of the several townships surveyed by virtue of the act entitled "An act regulating the grants of land appropriated for military services, and for the Society of the United Brethren for propagating the Gospel among the Heathen," accordingly as the said lines have been marked and ascertained at the time when the same were run, notwithstanding the same are not in conformity to the act aforesaid, or shall not appear to correspond with the plat of the survey which has been returned by the surveyor general, shall be considered, and they are hereby declared, to be the corners of the said townships; that, in regard to every such township as by the plat and survey returned by the surveyor general is stated to contain four thousand acres in each quarter thereof, the points on each of the boundary lines of such township, which are at equal distance from those two corners of the same township, which stand on the same boundary line, shall be considered, and they are hereby declared, to be corners of the respective quarters of such township; that the other boundary lines of the said quarter townships shall be straight lines, run from each of the lastmentioned corners of quarter townships to the corner of quarter townships on the opposite boundary line of the same township; and that in regard to every such township as by the said return is stated to contain, in any of the quarters thereof, more or less than the quantity of four thousand SEC. 7. And be it further enacted, That each acres, the corners marked in the boundary lines of assistant shall, previous to making his returns to such township to designate the quarters thereof, the marshal or secretary, (as the case may be,) shall be considered, and they are hereby declared, cause a correct copy, signed by himself, of the to be the corners of the quarter townships thereof, schedule containing the number of inhabitants although the same may be found at unequal diswithin his division, to be set up at two of the tances from the respective corners of such townmost public places within the same, there to re-ships. And such townships shall be divided by runmain for the inspection of all concerned, for each of which copies the said assistant shall be entitled to receive two dollars; provided, proof of the schedule having been so set up and suffered to remain, shall be transmitted to the marshal or secretary, (as the case may be,) with the return of the number of the persons; and in case any assistant shall fail to make such proof to the mar

SEC. 6. And be it further enacted, That each and every free person, more than sixteen years of age, whether heads of families or not, belonging to any family, within any division, district, or territory made or established within the United States, shall be, and hereby is, obliged to render to such assistant of the division, a true account, if required, to the best of his or her knowledge, of all and every person belonging to such family, respectively, according to the several descriptions aforesaid, on pain of forfeiting twenty dollars, to be sued for and recovered by such assistant, the one half for his own use, and the other half to the use of the United States.

ning lines through the same from the corners of the quarter townships actually marked, whether the interior lines thus extended shall be parallel to the exterior lines of the said township or not; and that each of the said quarter townships thus bounded, shall, in every proceeding to be had under the above-mentioned or this act, be considered as containing the exact quantity expressed in the

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