AN ACT for the apportionment of Representatives among the several States, according to the second enumeration.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the third day of March, one thousand eight hundred and three, the House of Representatives shall be composed of members elected agreeably to a ratio of one member for every thirty-three thousand persons in each State, computed according to the rule prescribed by the Constitution; that is to say: within the State of New Hampshire, five; within the State of Massachusetts, seventeen; within the State of Vermont, four; within the State of Rhode Island, two; within the State of Connecticut, seven; within the State of New York, seventeen; within the State of New Jersey, six; within the State of Pennsylvania, eighteen ; within the State of Delaware, one; within the State of Maryland, nine; within the State of Virginia, twenty-two; within the State of North Carolina, twelve; within the State of South Carolina, eight; within the State of Georgia, four; within the State of Kentucky, six; and within the State of Tennessee, three members.

NATHANIEL MACON, Speaker of the House of Representatives. ABRAHAM BALDWIN, President of the Senate, pro tempore. Approved, January 14, 1802.

TH. JEFFERSON, President of the United States.

An Act concerning the Library for the use of both Houses of Congress.

Be it enacted, &c., That the books and maps purchased by direction of the act of Congress, passed the twenty-fourth of April, one thousand eight hundred, together with the books or libraries which have heretofore been kept separately by each House, shall be placed in the Capitol, in the room which was occupied by the House of Representatives, during the last session of the sixth Congress.

SEC. 2. And be it further enacted, That the President of the Senate and Speaker of the House of Representatives, for the time being, be, and

they hereby are, empowered to establish such regulations and restrictions in relation to the said library, as to them shall seem proper, and, from time to time, to alter or amend the same: Provided, That no regulation shall be made repugnant to any provision contained in this act.

SEC. 3. And be it further enacted, That a librarian, to be appointed by the President of the United States solely, shall take charge of the said library; who, previous to his entering upon the duties of his office, shall give bond, payable to the United States, in such a sum, and with such security, as the President of the Senate and Speaker of the House of Representatives, for the time being, may deem sufficient, for the safe keeping of such books, maps, and furniture as may be confided to his care, and the faithful discharge of his trust, according to such regulations as may be, from time, to time, established for the government of the said library; which said bond shall be deposited in the office of the Secretary of the Senate.

SEC. 4. And be it further enacted, That no map shall be permitted to be taken out of the said library by any person; nor any book, except by the President and Vice President of the United States, and members of the Senate and House of Representatives, for the time being.

SEC. 5. And be it further enacted, That the keeper of the said library shall receive for his services, a sum not exceeding two dollars per diem

for

every day of necessary attendance; the amount whereof, together with the necessary expenses incident to the said library, after being ascertained by the President of the Senate and Speaker of the House of Representatives, for the time being, shall be paid out of the fund annually appropriated for the contingent expenses of both Houses of Congress.

SEC. 6. And be it further enacted, That the unexpended balance of the sum of five thousand dollars appropriated by the act of Congress aforesaid, for the purchase of books and maps for the use of the two Houses of Congress, together with such sums as may hereafter be appropriated to the same purpose, shall be laid out under the direction of a joint committee, to consist of three members of the Senate and three members of the House of Representatatives.

Approved, January 26, 1802.

Whereas the Regency of Tripoli, on the coast of Barbary, has commenced a predatory warfare against the United States:

Be it enacted, &c., That it shall be lawful fully to equip, officer, man, and employ such of the armed vessels of the United States, as may be judged requisite by the President of the United States, for protecting effectually the commerce and seamen thereof on the Atlantic Ocean, the Mediterranean and adjoining seas.

SEC. 2. And be it further enacted, That it shall be lawful for the President of the United States to instruct the commanders of the respective public vessels aforesaid, to subdue, seize, and make prize of all vessels, goods, and effects, belonging to the Bey of Tripoli, or to his subjects, and to bring or send the same into port, to be proceeded against, and distributed according to law; and also to cause to be done all such other acts of precaution or hostility as the state of war will justify, and may, in his opinion, require.

SEC. 3. And be it further enacted, That, on the application of the owners of the private armed vessels of the United States, the President of the United States may grant to them special commissions, in the form which he shall direct, under the seal of the United States; and such private armed vessels, when so commissioned, shall have the like authority for subduing, seizing, taking, and bringing into port, any Tripolitan vessel, goods or effects, as the beforementioned public armed vessels may by law have; and shall therein be subject to the instructions which may be given by the President of the United States for the regulation of their conduct; and their commissions shall be revocable at his pleasure: Provided, That before any commission shall be granted as aforesaid, the owner or owners of the vessel for which the same may be requested, and the commander thereof, for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of seven thousand dollars; or, if such vessel be provided with more than one hundred and fifty men, in the penal sum of fourteen thousand dollars, with condition for observing the treaties and laws of the United States, and the instructions which may be given, as aforesaid; and also, for satisfying all damages and injuries which shall be done, contrary to the tenor thereof, by such commissioned vessel; and for delivering up the commission, when revoked by the President of the United States.

SEC. 4. And be it further enacted, That any Tripolitan vessel, goods, or effects, which shall be so captured and brought into port by any private armed vessel of the United States, duly commissioned, as aforesaid, may be adjudged good prize, and thereupon shall accrue to the owners, and officers, and men of the capturing vessel, and shall be distributed according to the agreement which shall have been made between them, or, in failure of

such agreement, according to the discretion of the court having cognizance of the capture.

SEC. 5. And be it further enacted, That the seamen may be engaged to serve in the Navy of the United States for a period not exceeding two years; but the President may discharge the same dispensed with. sooner. if, in his judgment, their services may be

Approved, February 6, 1802.

An Act extending the privilege of franking and receiving letters, free of postage, to any person admitted, or to be admitted, to take a seat in Congress, as a delegate; and providing compensation for such delegate.

Be it enacted, &c., That any person admitted, or who may hereafter be admitted, to take a seat in Congress, as a delegate, shall enjoy the privilege of sending and receiving letters, free of postage, on the same terms, and under the same restrictions, as are provided for the members of the the United States, by the act, entitled, “An act to Senate and of the House of Representatives of establish the Post Office of the United States;" and that every such delegate so admitted to a seat, be, and is hereby, authorized to receive, free directed to him, and which shall have arrived at of postage, under the said restrictions, any letters the seat of Government prior to the passage of this act: and that every such delegate shall receive, for his travelling expenses and attendance be allowed, by law, to the members of the Senate in Congress, the same compensation as is or may and House of Representatives of the United States, to be certified and paid in the same manner. Approved, February 18, 1802.

An Act making certain partial appropriations for the year one thousand eight hundred and two.

Be it enacted, &c., That the sum of sixty thousand dollars be, and the same hereby is, appropri ated towards defraying the expenses of the pay of the Army, during the year one thousand eight hundred and two.

SEC. 2. And be it further enacted, That the following sums be, and the same hereby are, appropriated to the purpose herein recited, respectively, that is to say: for the contingent expenses of the Department of the Treasury, to make good the deficiency of the former appropriations for the same, the sum of sixteen hundred and thirteen dollars and fifty-seven cents.

For the printing of the public accounts, to make good the deficiency of former appropriations for the same, the sum of fourteen hundred dollars.

Towards the contingent expenses of the Department of the Treasury, during the year one thousand eight hundred and two, the sum of one thousand dollars.

Towards the contingent expenses of the House of Representatives, during the year one thousand eight hundred and two, the sum of three thousand dollars.

SEC. 3. And be it further enacted, That the accounting officers of the Treasury Department

cents.

ment,

To the Purveyor of Public Supplies, seven hundred dollars.

To the Superintendant of Stamps, three hundred and seventy-seven dollars and seventy-eight cents. To the Commissioner of Loans of Pennsylvania, one thousand five hundred dollars.

Provided, however, That the expense, thus allowed, shall have been actually incurred: And provided also, That the whole amount paid to each abovementioned officer, respectively, for his compensation, and that of his clerks and persons employed in his office, for the year aforesaid, shall not exceed the sums heretofore appropriated, by law, to those objects, respectively, during the said year.

SEC. 4. And be it further enacted, That the aforesaid sums shall be paid and discharged out of any moneys in the Treasury of the United States, not otherwise appropriated.

Approved, February 23, 1802.

An Act to repeal certain acts respecting the organization of the Courts of the United States; and for other purposes.

Be it enacted, &c., That the act of Congress passed on the thirteenth day of February, one thousand eight hundred and one, entitled "An act to provide for the more convenient organization of the courts of the United States," from and after the first day of July next, shall be, and is hereby, repealed.

SEC. 2. And be it further enacted, That the act passed on the third day of March one thousand eight hundred and one, entitled "An act for altering the times and places of holding certain courts therein mentioned and for other purposes;" from and after the said first day of July next, shall be, and is hereby, repealed.

SEC. 3. And be it further enacted, That all the acts, and parts of acts, which were in force before the passage of the aforesaid two acts, and which by the same were either amended, explained, altered, or repealed, shall be, and hereby are, after the said first day of July next, revived, and in as full and complete force and operation, as if the said two acts had never been made.

SEC. 4. And be it further enacted, That all actions, suits, process, pleadings, and other proceedings, of what nature or kind soever, depending or existing in any of the circuit courts of the United States, or in any of the district courts of the United States, acting as circuit courts, or in any of the additional district courts, which were established by the aforesaid act of Congress, passed on the thirteenth day of February, one thousand eight hundred and one, shall be, and hereby are,.

circuit courts, respectively, which shall be first thereafter holden in, and for the respective circuits and districts, which are revived and established by this act, and to be proceeded in, in the same manner as they would have been had they originated prior to the passage of the said act, passed on the thirteenth day of February, one thousand eight hundred and one.

SEC. 5. And be it further enacted, That all writs and process, which have issued, or may issue before the said first day of July next, returnable to the circuit courts, or to any district court acting as a circuit court, or any additional district court established by the aforesaid act passed the thirteenth day of February, one thousand eight hundred and one, shall be returned to the next circuit court, or district court, or district court acting as a circuit court, re-established by this act ; and shall be proceeded on. therein, in the same manner, as they could, had they been originally returnable to the circuit courts, and district courts acting as circuit courts, hereby revived and established.

Approved, March 8, 1802.

An Act fixing the Military Peace Establishment of the United States.

Be it enacted, &c., That the Military Peace Establishment of the United States, from and after the first of June next, shall be composed of one regiment of artillerists and two regiments of infantry, with such officers, military agents, and engineers, as are hereinafter mentioned.

SEC. 2. And be it further enacted, That the regiment of artillerists shall consist of one colonel, one lieutenant colonel, four majors, one adjutant, and twenty companies; each company to consist of one captain, one first lieutenant, one second lieutenant, two cadets, four sergeants, four corporals, four musicians, eight artificers, and fifty-six privates; to be formed into five battalions: Provided always, That it shall be lawful for the President of the United States to retain, with their present grade, as many of the first lieutenants, now in service, as shall amount to the whole number of lieutenants required; but that in proportion as vacancies happen therein, new appointments be made to the grade of second lieutenants, until their number amount to twenty; and each regiment of infantry shall consist of one colonel, one lieutenant colonel, one major, one adjutant, one sergeant major, two teachers of music, and ten companies; each company to consist of one captain, one first and one second lieutenant, one ensign, four sergeants, four corporals, four musicians, and sixty-four privates.

SEC. 3. And be it further enacted, That there shall be one brigadier general, with one aid-decamp, who shall be taken from the captains or subalterns of the line; one adjutant and inspector of the army, to be taken from the line of field officers; one paymaster of the army, seven pay

masters, and two assistants, to be attached to such districts as the President of the United States shall direct, to be taken from the line of commissioned officers, who, in addition to their other duties, shall have charge of the clothing of the troops; three military agents, and such number of assistant military agents as the President of the United States shall deem expedient, not exceeding one to each military post; which assistants shall be taken from the line; two surgeons; twentyfive surgeon's mates, to be attached to garrisons or posts, and not to corps.

SEC. 4. And be it further enacted, That the monthly pay of the officers, non-commissioned officers, musicians, and privates, be as follows, to wit: to the brigadier general, two hundred and twentyfive dollars, which shall be his full and entire compensation, without a right to demand or receive any rations, forage, travelling expenses, or other perquisites or emoluments whatsoever, except such stationery as may be requisite for the use of his department; to the adjutant and inspector of the army, thirty-eight dollars in addition to his pay in the line, and such stationery as shall be requisite for his department; to the paymaster of the army, one hundred and twenty dollars, without any other emolument, except such stationery as may be requisite in his department and the use of the public office now occupied by him; to the aid-de-camp, in addition to his pay in the line, thirty dollars; to each paymaster attached to districts, thirty dollars, and each assistant to such paymaster, ten dollars, in addition to his pay in the line; to each military agent, seventy-six dollars, and no other emolument; to each assistant military agent, eight dollars, in addition to his pay in the line, except the assistant military agents at Pittsburg and Niagara, who shall receive sixteen dollars, each, in addition to their pay in the line; to each colonel, seventy-five dollars; to each lieutenant colonel, sixty dollars; to each major, fifty dollars; to each surgeon, forty-five dollars; to each surgeon's mate, thirty dollars; to each adjutant, ten dollars, in addition to his pay in the line; to each captain, forty dollars; to each first lieutenant, thirty dollars; to each second lieutenant, twenty-five dollars; to each ensign, twenty dollars; to each cadet, ten dollars; to each sergeant major, nine dollars; to each sergeant, eight dollars; to each corporal, seven dollars; to each teacher of music, eight dollars; to each musician, six dollars; to each artificer, ten dollars; and to each private, five dollars.

SEC. 5. And be it further enacted, That the commissioned officers aforesaid, shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a colonel, six rations; a lieutenant colonel, five rations; a major, four rations; a captain, three rations; a lieutenant, two rations; an ensign, two rations; a surgeon, three rations; a surgeon's mate, two rations; a cadet, two rations or money in lieu thereof, at the option of the said officers and cadets at the posts, respectively, where the rations shall become due; and if at such posts supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts,

and the position of the place in question: and each non-commissioned officer, musician, and private, one ration; to the commanding officers of each separate post, such additional number of rations as the President of the United States shall, from time to time, direct, having respect to the special circumstances of each post; to the women who may be allowed to any particular corps, not exceeding the proportion of four to a company, one ration each; to such matrons and nurses as may be necessarily employed in the hospital, one ration each; and to every commissioned officer who shall keep one servant, not a soldier of the line, one additional ration.

SEC. 6. And be it further enacted, That each ration shall consist of one pound and a quarter of beef, or three quarters of a pound of pork, eighteen ounces of bread or flour, one gill of rum, whiskey, or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and a half of candles, to every hundred rations.

SEC. 7. And be it further enacted, That the following officers shall, whenever forage is not furnished by the public, receive at the rate of the following sums per month, in lieu thereof: each colonel, twelve dollars; each lieutenant colonel, eleven dollars; each major, ten dollars; each adjutant, six dollars; each surgeon, ten dollars; and each surgeon's mate, six dollars.

SEC. 8. And be it further enacted, That every non-commissioned officer, musician, and private, of the artillery and infantry, shall receive annually the following articles of uniform clothing, to wit: one hat, one coat, one vest, two pair of woollen and two pair of linen overalls, one coarse linen frock and trowsers for fatigue clothing, four pair of shoes, four shirts, two pair of socks, two pair of short stockings, one blanket, one stock and clasp, and one pair of half gaiters: and the Secretary of War is hereby authorized to cause to be furnished, to the paymasters of the respective districts, such surplus of clothing as he may deem expedient; which clothing shall, under his direction, be furnished to the soldiers, when necessary, at the contract prices, and accounted for by them out of their arrears of monthly pay.

SEC. 9. And be it further enacted, That the President of the United States cause to be arranged the officers, non-commissioned officers, musicians, and privates of the several corps of troops now in the service of the United States, in such manner as to form and complete, out of the same, the corps aforesaid; and cause the supernumerary officers, non-commissioned officers, musicians, and privates, to be discharged from the service of the United States, from and after the first day of April next, or as soon thereafter as circumstances may permit.

SEC. 10. And be it further enacted, That the officers, non-commissioned officers, musicians, and privates, of the said corps, shall be governed by the rules and articles of war, which have been estab lished by the United States in Congress assembled, or by such rules and articles as may be hereafter, by law, established: Provided, nevertheless, That the sentence of general courts martial, extending

to the loss of life, the dismission of a commissioned officer, or which shall respect the general officer, shall, with the whole of the proceedings of such cases, respectively, be laid before the President of the United States, who is hereby authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper.

SEC. 11. And be it further enacted, That the commissioned officers who shall be employed in the recruiting service, to keep up, by voluntary enlistment, the corps as aforesaid, shall be entitled to receive for every effective able-bodied citizen of the United States, who shall be duly enlisted by him for the term of five years, and mustered, of at least five feet six inches high, and between the ages of eighteen and thirty-five years, the sum of two dollars: Provided, nevertheless, That this regulation, so far as respects the height and age of the recruit, shall not extend to musicians or to those soldiers who may re-enlist into the service: And provided, also, That no person under the age of twenty-one years shall be enlisted by any officer, or held in the service of the United States, without the consent of his parent, guardian, or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent and meaning of this act, for every such offence he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer.

SEC. 12. And be it further enacted, That there shall be allowed and paid to each effective able bodied citizen, recruited as aforesaid, to serve for the term of five years, a bounty of twelve dollars; but the payment of six dollars of the said bounty shall be deferred until he shall be mustered and have joined the corps in which he is to serve.

SEC. 13. And be it further enacted, That the said corps shall be paid in such manner, that the arrears shall, at no time, exceed two months, unless the circumstances of the case shall render it unavoidable.

SEC. 14. And be it further enacted, That if any officer non-commissioned officer, musician, or private, in the corps composing the peace establishment, shall be disabled by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the President of the United States for the time being: Provided, always, That the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed for the highest rate of disability half the monthly pay of such officer, at the time of his being disabled or wounded; and that no officer shall receive more than the half pay of a lieutenant colonel; and that the rate of compensation to non-commissioned officers, musicians, and privates, shall not exceed five dollars per month: And provided also, That all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability.

SEC. 15. And be it further enacted, That if any

commissioned officer in the military peace establishment of the United States, shall, while in the service of the United States, die, by reason of any wound received in actual service of the United States, and leave a widow, or, if no widow, a child or children under sixteen years of age, such widow or, if no widow, such child or children shall be entitled to and receive half the monthly pay, to which the deceased was entitled at the time of his death, for and during the term of five years. But in case of the death or intermarriage of such widow, befor the expiration of the said term of five years, the half pay, for the remainder of the time, shall go to the child or children of such deceased officer: Provided, always, That such half pay shall cease on the decease of such child or children.

SEC. 16. And be it further enacted, That the paymaster shall perform the duties of his office, agreeably to the direction of the President of the United States, for the time being; and before he enters on the duties of the same, shall give bonds, with good and sufficient sureties, in such sums as the President shall direct, for the faithful discharge of his said office, and shall take an oath to execute the duties thereof with fidelity: and it shall moreover, be his duty to appoint from the line, with the approbation of the President of the United States, the several paymasters to districts, and assistants, prescribed by this act; and he is hereby authorized to require the said paymasters to districts, and assistants, to enter into bond, with good and sufficient surety, for the faithful discharge of their respective duties.

SEC. 17. And be it further enacted, That it shall be the duty of the military agents, designated by this act, to purchase, receive, and forward to their proper destination, all military stores, and other articles, for the troops in their respective departments, and all goods and annuities for the Indians, which they may be directed to purchase, or which shall be ordered into their care by the De partment of War. They shall account with the Department of War, annually, for all the public property which may pass through their hands, and all the moneys which they may expend in discharge of the duties of their offices, respectively: previous to their entering on the duties of their offices, they shall give bonds, with sufficient sureties, in such sums as the President of the United States shall direct, for the faithful discharge of the trust reposed in them, and shall take an oath faithfully to perform the duties of their respective offices.

SEC. 18. And be it further enacted, That if any non-commissioned officer, musician, or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve, for and during such a period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried.

SEC. 19. And be it further enacted, That every