Proviso. for, prosecuted and recovered, with costs of suit, by action of debt, in the name of the United States of America, or by indictment or information, in any court having competent jurisdiction to try the same; and 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," passed the second day of March, one thousand seven hundred and ninety-nine; and such penalties may be examined, mitiga ted or remitted, in like manner, and under like conditions, regulations and restrictions, as are prescribed, authorised and directed by the act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned," passed the third day of March, one thousand seven hundred and ninety-seven, and made perpetual by an act passed the eleventh day of February, one thousand eight hundred: Provided, That all penalties and forfeitures which shall have been incurred by virtue of this act, previous to the expiration thereof, may and shall thereafter be recovered and distributed in iike manner, as if this act had con. tinued in full force and virtue. H. CLAY, Speaker of the House of Representatives. WM. H. CRAWFORD, President of the Senate, pro-tempore. April 4, 1812. APPROVED, JAMES MADISON. CHAPTER L. AN ACT for the admission of the state of Louisiana into the Union, and to extend the laws of the United States to the said state. WHEREAS, the representatives of the peo- Preamble. ple of all that part of the territory or country ceded, under the name of "Louisiana," by the treaty made at Paris, on the thirtieth day of April, one thousand eight hundred and three, between the United States and France, contained within the following li mits, that is to say: beginning at the mouth of the river Sabine; thence, by a line to be drawn along the middle of said river, including all islands to the thirty-second degree of latitude; thence, due north, to the northernmost part of the thirty-third degree of north latitude; thence, along the said parallel of latitude, to the river Mississippi; thence, down the said river, to the river Iberville; and from thence, along the middle of the said river, and lakes Maurepas and Ponchartrain, to the gulph of Mexico; thence, bounded by the said gulph, to the place of beginning, including all islands within three leagues of the coast; did, on the twenty-second day of January, one thousand eight hundred and twelve, form for themselves a constitution and state government, and give to the said state the name of the state of Louisiana, in pursuance of an act of Congress, entitled "An act to enable the people of the territory of Orleans to form a constitution and state government, and for the admission of the said state into the Union, on an equal footing with the original states, and for other pur Louisiana to into the Union, as an state. Proviso. poses:" And the said constitution having been transmitted to Congress, and by them being hereby approved; therefore, BE it enacted by the Senate and House of Representatives of the United States of Ame rica in Congress assembled, That the said state shall be one, and is hereby declared to be one be admitted of the United States of America, and admitted into the Union on an equal footing with the independent original states, in all respects whatever, by the name and title of the state of Louisiana: Provided, That it shall be taken as a condition upon which the said state is incorporated in the Union, that the river Mississippi, and the navigable rivers and waters leading into the same, and into the gulph of Mexico, shall be common highways, and forever free, as well to the inhabitants of the said state as to the inhabitants of other states and the territories of the United States, without any tax, duty, impost or toll therefor, imposed by the said state; and that the above condition, and also all other the conditions and terms contained in the third section of the act, the title whereof is herein before recited, shall be considered, deemed and taken, fundamental conditions and terms, upon which the said state is incorporated in the Union. To have one tive in the Sec. 2. And be it further enacted, That unRepresenta til the next general census and apportionment House of Re. of representatives, the said state shall be entipresentatives tled to one representative in the House of Retill otherwise presentatives of the United States; and that provided. Laws of the all the laws of the United States, not locally United States inapplicable, shall be extended to the said to be in force state, and shall have the same force and effect there. within the same, as elsewhere within the United States. Louisiana Sec. 3. And be it further enacted, That the said state, together with the residue of that made a judiportion of country which was comprehended cial district. within the territory of Orleans, as constituted by the act, entitled "An act erecting Louisiana into two territories, and providing for the temporary government thereof," shall be one district, and be called the Louisiana district; and there shall be established in the said district, a district court, to consist of one judge, who shall reside therein, and be called the district judge; and there shall be, annual- Terms of the ly, four stated sessions of the said court held court. at the city of Orleans; the first to commence on the third Monday in July next, and the three other sessions progressively, on the third Monday of every third calendar month thereafter. The said judge shall, in all things, have and exercise the same jurisdiction and powers which, by the act, the title whereof is in this section recited, were given to the district judge of the territory of Orleans; and he shall be allowed an annual compensation of Salary of the three thousand dollars, to be paid quarter judge, &c. &c. yearly at the Treasury of the United States. The said judge shall appoint a clerk of the said court, who shall reside, and keep the records of the court, in the city of Orleans, and shall receive for the services performed by him, the same fees heretofore allowed to the clerk of the Orleans territory. Attorney to Sec. 4. And be it further enacted, That there shall be appointed in the said district, a be appointed. person learned in the law, to act as attorney for the United States, who shall, in addition to his stated fees, be paid six hundred dollars, N annually, as a full compensation for all extra Marshal also. services. There shall also be appointed a marshal for the said district, who shall perform the same duties, be subject to the same regu lations and penalties, and be entitled to the same fees to which marshals in other districts are entitled for similar services; and Salary of the shall, moreover, be paid two hundred dollars, annually, as a compensation for all extra services. marshal. This act not to produce the repeal of Sec. 5. And be it further enacted, That nothing in this act shall be construed to repeal the fourth section of an act, entitled "An act for laying and collecting duties on imports and tonnage within the territories ceded to the United States, by the treaty of the thirtieth of April, one thousand eight hundred and three, between the United States and the French republic; and for other purposes;" and that the collection district shall be and remain as thereby established. Sec. 6. And be it further enacted, That this act shall commence and be in force from and after the thirtieth day of April, eighteen hundred and twelve. H. CLAY, Speaker of the House of Representatives. WM. H. CRAWFORD, President of the Senate, pro-tempore, April 8, 1812. APPROVED, JAMES MADISON. |