PUBLIC ACTS OF CONGRESS; PASSED AT THE SECOND SESSION OF THE FOURTEENTH CONGRESS, BEGUN AND HELD AT THE CITY OF WASHINGTON, MONDAY, DECEMBER 2, 1816. An Act supplementary to an act to regulate the duties on imports and tonnage. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the tonnage duties to be paid by ships or vessels which shall be entered in the United States, excepting only such foreign ships or vessels as shall be entered from any foreign port or place to or with which vessels of the United States are not ordinarily permitted to go and trade, shall be the same as are provided by the act, entitled "An act imposing duties on the tonnage of ships or vessels," passed on the twentieth day of July, in the year of our Lord one thousand seven hundred and ninety: Provided always, That nothing in this act contained shall be deemed in anywise to impair any rights and privileges which have been or may be acquired by any foreign nation under the laws and treaties of the United States relative to the duty on tonnage of vessels. SEC. 2. And be it further enacted, That on all foreign ships or vessels, which shall be entered in the United States before the thirtieth day of June next, from any foreign port or place, to and with which vessels of the United States are not ordinarily permitted to go and trade, there shall be paid a duty at the rate of two dollars per ton. And the duties provided by this act shall be levied and collected in the same manner and under the same regulations as are prescribed by law in relation to the duties upon tonnage now in force. JOHN GAILLARD, President of the Senate, pro tempore. HENRY CLAY, Speaker of the House of Representatives. Approved, January 14. 1817. JAMES MADISON, An Act to authorize a new edition of the collection of laws respecting the public lands. Be it enacted, &c., That the President of the United States be, and hereby is, authorized to cause the collection of laws, resolutions, and treaties, printed under authority of an act, entitled "An act providing for the printing and distributing of such laws of the United States as respect the public lands," passed on the twentyseventh day of April, one thousand eight hundred and ten, to be revised, and the acts passed, and treaties formed, subsequent to the publication of the said collection, and relating to the. public lands, to be embraced therein; the acts to be digested and arranged in their proper order, and fifteen hundred copies thereof to be printed and preserved for the future disposition of Congress. Approved, January 20, 1817. An Act making a partial appropriation for the subsistence of the Army during the year one thousand eight hundred and seventeen. ence of the Army for the year one thousand Be it enacted, &c., That, towards the subsisteight hundred and seventeen, there be appropriated the sum of four hundred thousand dollars, to be paid out of any money in the Treasury not otherwise appropriated. Approved, January 22, 1817. An Act to repeal, after the close of the present session of Congress, the act, entitled "An act to change the mode of compensation to the members of the Senate and House of Representatives and the delegates from Territories," passed the nineteenth of March, one thousand eight hundred and sixteen. Be it enacted, &c., That, from and after the close of the present session of Congress, the act, entitled "An act to change the mode of compensation to the members of the Senate and House of Representatives and the delegates from Territories," passed the nineteenth of March, one thousand eight hundred and sixteen, shall be, and the same is hereby, repealed: Provided always, That nothing herein contained shall be construed to revive any act or acts or parts of acts repealed or suspended by the act hereby repealed. Approved, February 6, 1817. An Act to extend the provisions of the act to authorize certain officers and other persons to administer oaths, approved May the third, one thousand seven hundred and ninety-eight. Be it enacted, &c., That the chairman of any standing committee, either of the House of Representatives or of the Senate of the United States, shall be empowered to administer oaths or affirmations to witnesses in any case under their examination; and any person who shall be guilty of perjury before such committee shall be liable to the pains, penalties, and disabilities, prescribed for the punishment of the crime of wilful and corrupt perjury. Approved, February 8, 1817. Public Acts of Congress. An Act to amend an act, entitled “An act authorizing An Act providing for the division of certain quarterthe payment of a sum of money to Joseph Stewart sections, in future sales of the public lands. and others." Be it enacted, &c., That, from and after the Be it enacted, &c., That the money author- first day of September next, the sections designaized to be paid to Joseph Stewart and his associ- ted by number two, five, twenty, twenty-three, ates of Dorchester county, in the State of Mary-thirty, and thirty-three, in each and every townland, or to their legal representatives, by an act ship of the public lands, the sale of which is of Congress approved on the twenty-ninth day now, or hereafter may be, authorized by law, of April, one thousand eight hundred and six-shall be offered for sale either in quarter sections, teen, shall be paid to the following persons, their or half quarter sections, at the option of the purlegal representatives or agents, viz: The said chaser; and in every case of the division of a Joseph Stewart, Moses Navy, John Bell, Moses quarter section, the portion shall be made by a Geoghegan, Mathias Travers, Samuel Travers, line running due north and south, and in every Henry K. Travers, Hicks North, Thomas Tolly, other respect the said sections shall be offered, Joseph Cator, John Willoby, James Hooper, whether at public or private sale, on the same Hugh Roberts, John Tolly, Moses Simmons, terms and conditions as have been, or may be, by Robert Travers, John Simmons, Edward Sim-law, provided for the sale of the other public mons, William Powers, William Geoghegan, (of lands of the United States. James,) William Geoghegan, (of Moses,) Jere- Approved, February 22, 1817. miah Spicer, Travers Spicer, Jeremiah Travers, William Dove, Thomas Woolen, Samuel Ed. mondson, Henry Corder, Roger Tregal, Thomas Arnold, Samuel Creighton, Jeremiah Creighton, Benjamin Keene, Thomas Lecompte, James Lecompte, Fountain Lecompte, Elijah Tall, Charles Woodland, William Barnes, William M. Robinson, Joseph Saunders, and Daniel Wilson. SEC. 2. And be it further enacted, That the money authorized to be paid to Samuel Jennison, of St. Mary's county, in the State of Maryland, or to his legal representatives, by the third section of the above recited act, shall be paid to Samuel Tennison, his legal representative or agent, of St. Mary's county, in the State of Maryland. Approved, February 8, 1817. An Act to repeal the second section of an act, entitled "An act concerning the pay of officers, seamen, and marines, in the Navy of the United States." Be it enacted, &c., That the second section of an act, entitled "An act concerning the pay of the officers, seamen, and marines, in the Navy of the United States," passed the eighteenth of April, in the year one thousand eight hundred and fourteen, be, and the same is hereby, repealed. Approved, February 22, 1817. An Act authorizing the sale of certain grounds belonging to the United States in the City of Washington. Be it enacted, &c., That the Commissioner for the superintendence of the Public Buildings in the City of Washington be, and he hereby is, authorized to lay off into building lots all that part of the public reservation of ground in the said city, numbered ten, lying on the north side of the Pennsylvania avenue, between Third and Four-and-an-half streets west, embraced by the whole of the front of said reservation on said avenue, and extending back, or northwardly, not exceeding two hundred feet; and, under the direction of the President of the United States, to sell any number of such lots, not exceeding oneto pay into the Treasury of the United States; half of the whole number, and the avails thereof and in such sales the Commissioner is hereby directed to reserve to the United States every other lot, except in particular cases it may be expedient to sell two or more contiguous lots; but all sales made in virtue of this act shall be under and upon the express condition, that the purchaser shall build and finish, or cause to be built and finished, within three years from the day of sale, a good and substantial brick or stone house,of not less than three stories high, exclusive of the An Act in addition to "An act for the relief of George basement story, nor less than twenty-five feet T. Ross, and Daniel T. Patterson, and the officers front; and in failure of a compliance with the and men lately under their command." said conditions, or any of them, the lots so sold Be it enacted, &c., That, for the purpose of shall revert to the United States, and the party carrying into effect the act, entitled "An act for failing shall incur a forfeiture of any and all mothe relief of George T. Ross and Daniel T. Pat-neys which may have been paid for the same. terson, and the officers and men lately under their command," the Secretaries of War and Navy are hereby authorized and required, by and with the approbation of the President of the United States, to draw, by their warrant or warrants, from the Treasury of the United States, out of any moneys therein, not otherwise appropriated, the sum appropriated by the said act, and to appoint an agent or agents to disburse the same, according to the true intent and meaning of the act aforesaid. Approved, February 22, 1817. SEC. 2. And be it further enacted, That the moneys arising from the sales aforesaid be, and they hereby are, appropriated to the payment of any moneys which may hereafter be expended in the City of Washington. for the public buildings and public improvements Approved, February 24, 1817. An Act granting a pension to Commodore Richard Be it enacted, &c., That, from and after the third day of September, one thousand eight hun Public Acts of Congress. dred and sixteen, a pension of three hundred dol- less duly authorized so to do, by order of a comJars per annum be allowed to Commodore Rich-petent officer, and for the use of the Navy of the ard Taylor, in consequence of a total disability arising from a wound received in a conflict with the enemy in the Revolutionary war, while in the command of a flotilla in the waters of the Chesapeake, under a commission of captain in the navy from the State of Virginia; to be paid to him, the said Taylor, half yearly, out of any moneys in the Treasury not otherwise appropriated by law. Approved, March 1, 1817. An Act authorizing vessels departing from the town of Bayou St. John and Basin of the Canal de Carondelet, for foreign ports, to clear out at the custom-house in the city of New Orleans. Be it enacted, &c., That all ships or vessels, about to depart for foreign ports or places, from the town of Bayou St. John, or Basin of the Canal de Carondelet, shall be permitted to clear out, with their cargoes, at the custom-house, in the city of New Orleans, and depart, under the same rules, regulations, and restrictions, and in every respect in the same manner, as vessels clearing out and departing, for foreign ports, from the said city of New Orleans, by way of the Mississippi river. Approved, March 1, 1817. An Act making reservation of certain public lands to supply timber for Naval purposes. United States; or if any person or persons shall cut any live oak or red cedar timber on, or remove or be employed in removing from any other public lands of the United States, with intent to dispose of the same for transportation to any port or place within the United States, or for exportation to any foreign country, such person or persons so offending and being thereof duly convicted before any court having competent jurisdiction, shall pay a fine not exceeding five hundred dollars and be imprisoned not exceeding six months. SEC. 3. And be it further enacted, That if the master, owner, or consignee, of any ship or vessell, shall knowingly take on board any timber cut on lands reserved as aforesaid, without proper authority and for the use of the Navy, or shall take on board any live oak or red cedar timber, cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the ship or vessel on board of which the same shall be seized, shall, with her tackle, apparel, and furniture, be wholly forfeited. SEC. 4. And be it further enacted, That if any timber as aforesaid shall, contrary to the prohibitions of this act, be exported to any foreign country, the ship or vessel in which the same shall have been exported shall be liable to forfeiture, and the captain or master of such ship or vessel shall forfeit and pay a sum not exceeding one thousand dollars. SEC. 5. And be it further enacted, That all penalties and forfeitures incurred for taking on board, transporting, or exporting timber by force of this act, shall be sued for, recovered, and distributed, and accounted for in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage," and shall be mitigated or remitted in the manner prescribed by the act, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned." Be it enacted, &c., That the Secretary of the Navy be authorized, and it shall be his duty, under the direction of the President of the United States, to cause such vacant and unappropriated lands of the United States as produce the live oak and red cedar timbers to be explored, and selection to be made of such tracts or portions thereof, where the principal growth is of either of the said timbers, as in his judgment may be necessary to furnish for the Navy a sufficient supply of the said timbers. The said Secretary shall have power to employ such agent or agents and surveyor as he may deem necessary for the aforesaid purpose, who shall report to him the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey or water courses, which report shall be laid before the President, which he may approve or reject, in whole or in part; and the tracts of lands thus selected with the approbation of the President shall be reserved, unless otherwise directed by law, from any future sale of the public lands, and be appropriated to the sole purpose of supplying tim-a ber for the Navy of the United States: Provided, That nothing in this section contained shall be construed to prejudice the rights of any person or persons claiming lands which may be reserved as aforesaid. Approved, March 1, 1817. An Act to enable the people of the western part of the Mississippi Territory to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States. Be it enacted, &c., That the inhabitants of the western part of the Mississippi Territory be, and they hereby are, authorized to form for themselves constitution and State government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon the same footing with the original States, in all respects whatever. SEC. 2. And be it further enacted, That the SEC. 2. And be it further enacted, That if any said State shall consist of all the territory incluperson or persons shall cut any timber on the ded within the following boundaries, to wit: Belands reserved as aforesaid, or shall remove or beginning on the river Mississippi at the point employed in removing timber from the same, un- where the southern boundary line of the State of 14th CoN. 2d SESS.-41 Public Acts of Congress. Tennessee strikes the same, thence east along the tween the United States and the State of Georgia. said boundary line to the Tennessee river, thence or of the Constitution of the United States: And up the same to the mouth of Bear creek, provided also, That the said convention shall thence by a direct line to the northwest corner of provide, by an ordinance irrevocable without the the county of Washington, thence due south to consent of the United States, that the people inthe Gulf of Mexico, thence westwardly, includ-habiting the said Territory do agree and declare ing all the islands within six leagues of the shore, that they forever disclaim all right or title to the to the most eastern junction of Pearl river with waste or unappropriated lands lying within the Lake Borgne, thence up said river to the thirty-said Territory, and that the same shall be and refirst degree of north latitude, thence west along the said degree of latitude to the Mississippi river, thence up the same to the beginning, main at the sole and entire disposition of the United States; and moreover, that each and every tract of land sold by Congress, shall be and remain exempt from any tax laid by the order, or under the authority, of the State, whether for State, county, township, parish, or any other purpose whatever, for the term of five years, from and after the respective days of the sales thereof, and that the lands belonging to citizens of the United States, residing without the said State, shall never be taxed higher than the lands belonging to persons residing therein; and that no taxes shall be imposed on lands the property of the United States, and that the river Mississippi, and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, shall be common highways, and forever free, as well to the inhabitants of the said State, as to other citizens of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said State. SEC. 3. And be it further enacted, That all free white male citizens of the United States, who shall have arrived at the age of twenty-one years, and resided within the said Territory at least one year previous to the time of holding the election, and shall have paid a county or territorial tax, and all persons having in other respects the legal qualifications to vote for representatives in the General Assembly of the Territory, be, and they are hereby, authorized to choose representatives to form a convention, who shall be apportioned among the several counties within the said Territories, as follows, to wit: from the county of Warren, two representatives; from the county of Claiborne, four representatives; from the county of Jefferson, four representatives; from the county of Adams, eight representatives; from the county of Franklin, two representatives; from the county of Wilkinson, six representatives; SEC. 5. And be it further enacted, That five per from the county of Amite, six representatives; cent. of the net proceeds of the lands lying within from the county of Pike, four representatives; the said Territory, and which shall be sold by from the county of Lawrence, two representa- Congress from and after the first day of Decem tives; from the county of Marion, two represen- ber next, after deducting all expenses incident to tatives; from the county of Hancock, two repre- the same, shall be reserved for making public sentatives; from the county of Wayne, two rep- roads and canals; of which, three-fifths shall be resentatives; from the county of Greene, two rep- applied to those objects within the said State. resentatives; from the county of Jackson, two under the direction of the Legislature thereof, representatives and the election of the repre- and two-fifths to the making of a road or roads sentatives shall be holden on the first Monday leading to the said State, under the direction of and Tuesday in June next, throughout the seve- Congress: Provided, That the application of ral counties abovementioned, and shall be con- such proceeds shall not be made until after payducted in the same manner as is prescribed by the ment is completed of the one million two hunlaws of said Territory, regulating elections there- dred and fifty thousand dollars due to the State in for members of the House of Representa- of Georgia, in consideration of the cession to the United States, nor until the payment of all the stock which has been or shall be created by the act, entitled "An act providing for the indemnification of certain claimants of public lands in the Mississippi Territory," shall be completed: And provided also, That the said five per cent. shall not be calculated on any part of such proceeds as shall be applied to the payment of the one million two hundred and fifty thousand dollars due to the State of Georgia, in consideration of the cession to the United States, or in payment of the stock which has or shall be created by the act, entitled "An act providing for the indemnifica tion of certain claimants of public lands in the Mississippi Territory." tives. : SEC. 4. And be it further enacted, That the members of the convention, thus duly elected, be, and they hereby are, authorized to meet at the town of Washington, on the first Monday of July next; which convention, when met, shall first determine, by a majority of the whole number elected, whether it be or be not expedient, at that time, to form a constitution and State government for the people within the said Territory; and if it be determined to be expedient, the convention shall be, and hereby are, authorized to form a constitution and State government: Provided, That the same, when formed, shall be republican, and not repugnant to the principles of the ordinance of the 13th of July, one thousand seven hundred and eighty-seven, between the people and States of the territory northwest of the river Ohio, so far as the same has been extended to the said territory by the articles of agreement be SEC. 6. And be it further enacted, That, until the next general census shall be taken, the said State shall be entitled to one representative in the House of Representatives of the United States. Approved, March 1, 1817. Public Acts of Congress. An Act supplementary to an act, entitled "An act An Act concerning the Navigation of the United concerning the Naval Establishment." Be it enacted, &c., That every purser now in service, or who may hereafter be appointed, shall, instead of the bond required by the act to which this is a supplement, enter into bond with two or more sufficient sureties, in the penalty of twentyfive thousand dollars, conditioned for the faithful discharge of all his duties as purser in the Navy of the United States, which sureties shall be approved by the judge or attorney of the United States for the district in which such purser shall Be it enacted, &c., That all letters and packets to and from James Madison, now President of the United States, after the expiration of his term of office, and during his life, shall be carried by the mail free of postage. Approved, March 1, 1817. An Act relating to the ransom of American captives of the late war. Be it enacted, &c., That the proper accounting officer of the War Department be, and he is hereby, authorized and directed to settle the accounts of any person who may have redeemed and purchased from captivity any citizen of the United States, taken prisoner during the late war with Great Britain, upon the same principles and rules of evidence by which other claims are adjusted in said Department: Provided, That in no case shall a greater sum be allowed than one hundred and fifty dollars. Approved, March 1, 1817. An Act in addition to an act, entitled "An act for the more convenient taking of affidavits and bail in civil causes, depending in the courts of the United States." Be it enacted, &c., That the commissioners who now are, or hereafter may be, appointed by virtue of the act, entitled "An act for the more convenient taking of affidavits and bail in civil causes, depending in the courts of the United States," are hereby authorized to take affidavits and bail in civil causes, to be used in the several district courts of the United States, and shall and may exercise all the powers that a justice or judge of any of the courts of the United States may exercise by virtue of the thirtieth section of the act, entitled "An act to establish the judicial courts of the United States." Approved, March 1, 1817. States. Be it enacted, &c., That, after the thirtieth day of September next, no goods, wares, or merchandise, shall be imported into the United States from any foreign port or place, except in vessels of the United States, or in such foreign vessels as truly and wholly belong to the citizens or subjects of that country of which the goods are the growth, production, or manufacture; or from which such goods, wares, or merchandise, can only be, or most usually are, first shipped for transportation: Provided, nevertheless, That this regulation shall not extend to the vessels of any foreign nation which has not adopted, and which shall not adopt, a similar regulation. SEC. 2. And be it further enacted, That all goods, wares, or merchandise, imported into the United States, contrary to the true intent and meaning of this act, and the ship or vessel wherein the same shall be imported, together with her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship, or vessel, and cargo, shall be liable to be seized, prosecuted, and condemned, in like manner, and under the same regulations, restrictions, and provisions, as have been heretofore established for the recovery, collection, distribution, and remission, of forfeitures to the United States by the several revenue laws. SEC. 3. And be it further enacted, That, after the thirtieth day of September next, the bounties and allowances now granted by law to the owners of boats or vessels engaged in the fisheries, shall be paid only on boats or vessels, the officers and at least three-fourths of the crews of which shall be proved, to the satisfaction of the collector of the district where such boat or vessel shall belong, to be citizens of the United States, or persons not the subjects of any foreign Prince or State. SEC. 4. And be it further enacted, That no goods, wares, or merchandise, shall be imported, under penalty of forfeiture thereof, from one port of the United States to another port of the United States, in a vessel belonging wholly or in part to a subject of any foreign Power; but this clause shall not be construed to prohibit the sailing of any foreign vessel from one to another port of the United States, provided no goods, wares, or merchandise, other than those imported in such vessel from some foreign port, and which shall not have been unladen, shall be carried from one port or place to another in the United States. SEC. 5. And be it further enacted, That, after the thirtieth day of September next, there shall be paid a duty of fifty cents per ton upon every ship or vessel of the United States which shall be entered in a district in one State from a district in another State, except it be an adjoining State on the seacoast, or on a navigable river or lake, and except, also, it be a coasting vessel going from Long Island, in the State of New York, to the State of Rhode Island, or from the State of Rhode Island to the said Long Island, having on |