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nine thousand dollars per annum, as a compensation for all his personal services and other expenses; nor a greater sum for the same, than four thousand five hundred dollars per annum to a charge des affaires; nor a greater sum for the same, than one thousand three hundred and fifty dollars per annum to the secretary of any minister plenipotentiary: And provided also, That the President shall account specifically for all such expenditures of the said money as in his judgment may be made public, and also for the amount of such expenditures as he may think it advisable not to specify, and cause a regular statement and account thereof to be laid before Congress annually, and also lodged in the proper office of the treasury department.
SEC. 2. And be it further enacted, That this act shall continue and be in force for the space of two years, and from thence until the end of the next session of Congress thereafter, and no longer.
APPROVED, July 1, 1790.
CHAP. XXV.-An Act for giving effect to an act intituled "An act providing for the enumeration of the Inhabitants of the United States," in respect to the state of Rhode Island and Providence Plantations.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act passed the present session of Congress, intituled "An act providing for the enumeration of the inhabitants of the United States," shall be deemed to have the like force and operation within the state of Rhode Island and Providence Plantations, as elsewhere within the United States; and all the regulations, provisions, directions, authorities, penalties, and other matters whatsoever, contained or expressed in the said act, and which are not locally inapplicable, shall have the like force and effect within the said state, as if the same were repeated and re-enacted in and by this present act.
SEC. 2. And be it further enacted, That the marshal of the district of Rhode Island shall receive, in full compensation for the performance of all the duties and services confided to, and enjoined upon him by this act, one hundred dollars.
APPROVED, July 5, 1790.
CHAP. XXVI.—An Act to authorize the purchase of a tract of land for the use of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States, and he is hereby authorized to cause to be purchased for the use of the United States, the whole or such part of that tract of land situate in the state of New York, commonly called West Point, as shall be by him judged requisite for the purpose of such fortifications and garrisons as may be necessary for the defence of the
APPROVED, July 5, 1790.
CHAP. XXVII.—An Act further to provide for the Payment of the Invalid Pensioners of the United States.
charge des af
Continuance of this act. 1793, ch. 4. 1796, ch. 41.
STATUTE II. July 5, 1790.
Act for enu. meration de
clared in force as to R. Island.
Act of March
1, 1790, ch. 2.
Salary of the marshal.
thorized to purchase West Point, for pur pose of fortifica. tions, &c.
July 16, 1790.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the military pensions which have been granted and paid by the states respectively, in pursuance of former acts of the United States in Congress assembled, and such as by acts passed in the present session of Congress, are or shall be declared to be due to invalids who were wounded and disabled during 3, 1791, ch. 24. VOL. I.-17
Act of March
Military pensions to be paid
from 4th March, for one year,and under what reg.
STATUTE II. July 16, 1790.
state laws, when to cease therein.
Act of March
SECTION 1. Be it enacted by the Senate and House of Representatives
3, 1791, ch. 17. of the United States of America in Congress assembled, That a district
District on the Potomac
of territory, not exceeding ten miles square, to be located as herecepted for perafter directed on the river Potomac, at some place between the mouths manent seat of of the Eastern Branch and Connogochegue, be, and the same is hereby
accepted for the permanent seat of the government of the United States. Provided nevertheless, That the operation of the laws of the state within such district shall not be affected by this acceptance, until the time fixed for the removal of the government thereto, and until Congress shall otherwise by law provide.
President to appoint commissioners for
1802, ch. 41.
who may pur
chase or accept grants of land; and, prior to Dec. 1800, provide buildings,
for accommodation of Congress.
the late war, shall be continued and paid by the United States from the
Expense thereof, how to be defrayed.
CPAP. XXVIII.-An Act for establishing the temporary and permanent seat of the
SEC. 2. And be it further enacted, That the President of the United States be authorized to appoint, and by supplying vacancies happening from refusals to act or other causes, to keep in appointment as long as may be necessary, three commissioners, who, or any two of whom, shall, under the direction of the President, survey, and by proper metes and bounds define and limit a district of territory, under the limitations above mentioned; and the district so defined, limited and located, shall be deemed the district accepted by this act, for the permanent seat of the government of the United States.
SEC. 3. And be it [further] enacted, That the said commissioners, or any two of them, shall have power to purchase or accept such quantity of land on the eastern side of the said river, within the said district, as the President shall deem proper for the use of the United States, and according to such plans as the President shall approve, the said commissioners, or any two of them, shall, prior to the first Monday in December, in the year one thousand eight hundred, provide suitable buildings for the accommodation of Congress, and of the President, and for the public offices of the government of the United States.
SEC. 4. And be it [further] enacted, That for defraying the expense of such purchases and buildings, the President of the United States be authorized and requested to accept grants of money.
SEC. 5. And be it [further] enacted, That prior to the first Monday in December next, all offices attached to the seat of the government of the United States, shall be removed to, and until the said first Monday in December, in the year one thousand eight hundred, shall remain at the city of Philadelphia, in the state of Pennsylvania, at which place the session of Congress next ensuing the present shall be held.
Prior to first
Monday in Dec. next, seat of be removed to Philadelphia, and so remain
until the year 1800.
SEC. 6. And be it [further] enacted, That on the said first Monday in In December, December, in the year one thousand eight hundred, the seat of the
1800, seat of
government to government of the United States shall, by virtue of this act, be transbe removed to ferred to the district and place aforesaid. And all offices attached to district accept the said seat of government, shall accordingly be removed thereto by ed by this act. Act of May 6, their respective holders, and shall, after the said day, cease to be exer1796, chap. 21. cised elsewhere; and that the necessary expense of such removal shall be defrayed out of the duties on imposts and tonnage, of which a sufficient sum is hereby appropriated. APPROVED, July 16, 1790.
CHAP. XXIX.—An Act for the government and regulation of Seamen in the merchants service.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first day of December next, every master or commander of any ship or vessel bound from a port in the United States to any foreign port, or of any ship or vessel of the burthen of fifty tons or upwards, bound from a port in one state to a port in any other than an adjoining state, shall, before he proceed on such voyage, make an agreement in writing or in print, with every seaman or mariner on board such ship or vessel (except such as shall be apprentice or servant to himself or owners) declaring the voyage or voyages, term or terms of time, for which such seaman or mariner shall be shipped. (a) And if any master or commander of such ship or vessel shall carry out any seaman or mariner (except apprentices or servants as aforesaid) without such contract or agreement being first made and signed by the seamen and mariners, such master or commander shall pay to every such seaman or mariner the highest price or wages which shall have been given at the port or place where such seaman or mariner shall have been shipped, for a similar voyage, within three months next before the time of such shipping: Provided such seaman or mariner shall perform such voyage: or if not, then for such time as he shall continue to do duty on board such ship or vessel; and shall moreover forfeit twenty dollars for every such seaman or mariner, one half to the use of the person prosecuting for the same, the other half to the use of the United States: and such seaman or mariner, not having signed such contract, shall not be bound by the regulations, nor subject to the penalties and forfeitures contained in this act.
STATUTE II. July 20, 1790.
seamen to exe-
Exception as to apprentices,
1802, ch. 51. 180 ch. 28. Penalties on
the master for omission; the highest rate of place of ship
wages at the
Proviso, as to
performance of the voyage by the seaman. 1813, ch. 42. 1814, ch. 8.
SEC. 2. And be it [further] enacted, That at the foot of every such contract, there shall be a memorandum in writing, of the day and the hour at the foot of on which such seaman or mariner, who shall so ship and subscribe, shall render themselves on board, to begin the voyage agreed upon. And if any such seaman or mariner shall neglect to render himself on board the ship or vessel, for which he has shipped, at the time mentioned in such memorandum, and if the master, commander, or other officer of the ship or vessel, shall, on the day on which such neglect happened, make an entry in the log-book of such ship or vessel, of the name of such seaman or mariner, and shall in like manner note the time that he so neglected to render himself (after the time appointed); every such seaman or mariner shall forfeit for every hour which he shall so neglect to render himself, one day's pay, according to the rate of wages agreed upon, to be deducted out of his wages. (b) And if
Penalty for a seaman neglect. ing to render himself on board at the time agreed upon.
(a) It seems that no stipulation contrary to the maritime law, to the injury of the seamen, will be allowed to stand, unless an adequate compensation be given to the seamen, Harden v. Gordon et al., 2 Mason's C. C. R. 541. The Lady Waterstoff, 1 Adm. Decisions, 214.
The crew of a ship who have signed articles for the voyage under a particular master, without any clause providing for the change of master, are not discharged from the articles by the dismissal of the master by reason of sickness or any other reasonable cause, and the appointment of a new master. They are bound to obey the new master. The United States v. Ruggles, 5 Mason's C. C. R. 192.
If the shipping articles are to the final port of discharge, the voyage is not ended until the cargo is wholly unladen. The owner may order the vessel from port to port, until the whole cargo is discharged. The United States v. Barker, 5 Mason's C. C. R. 404.
In the shipping articles used in the United States, though wages are designated by the month, yet the contract is entire for the voyage. 1 Adm. Decisions, 142.
A seaman shipped for the voyage, without signing the articles, must be paid the highest rate of wages at the port within three months, and be subject to all the forfeitures imposed and fixed by the maritime law existing before the act of Congress. The Regulus, 1 Admiralty Decisions, 215.
The shipping articles must declare, explicitly, the ports at which the voyage is to commence and terminate. Magee v. The Moss, Gilpin's Rep. 219.
(b) To justify the forfeiture of a seaman's wages for absence, under the provisions of the act of 1790, the entry in the log-book is indispensable. Wood v. The Nimrod, Gilpin's Rep. 86, 212. Brower v. The Maiden, Gilpin's Rep. 296.
To receive mariners on board after desertion, is a waiver or pardon of the forfeitures incurred previously. 1 Adm. Decisions, 163.
any such seaman or mariner shall wholly neglect to render himself on board of such ship or vessel, or having rendered himself on board, shall afterwards desert and escape, so that the ship or vessel proceed to sea without him, every such seaman or mariner shall forfeit and pay to the master, owner or consignee of the said ship or vessel, a sum equal to that which shall have been paid to him by advance at the time of signing the contract, over and besides the sum so advanced, both which sums shall be recoverable in any court, or before any justice or justices of any state, city, town or county within the United States, which, by the laws thereof, have cognizance of debts of equal value, against such seaman or mariner, or his surety or sureties, in case he shall have given surety to proceed the voyage.
SEC. 3. And be it [further] enacted, That if the mate or first officer under the master, and a majority of the crew of any ship or vessel, bound on a voyage to any foreign port, shall, after the voyage is begun (and before the ship or vessel shall have left the land) discover that the said ship or vessel is too leaky, or is otherwise unfit in her crew, body, tackle, apparel, furniture, provisions or stores, to proceed on the intended voyage, and shall require such unfitness to be inquired into, the master or commander shall, upon the request of the said mate (or other officer) and such majority, forthwith proceed to or stop at the nearest or most convenient port or place where such inquiry can be made, and shall there apply to the judge of the district court, if he shall there reside, or if not, to some justice of the peace of the city, town or place, taking with him two or more of the said crew who shall have made such request; and thereupon such judge or justice is hereby authorized and required to issue his precept directed to three persons in the neighbourhood, the most skilful in maritime affairs that can be procured, requiring them to repair on board such ship or vessel, and to examine the same in respect to the defects and insufficiencies complained of, and to make report to him the said judge or justice, in writing under their hands, or the hands of two of them, whether in any, or in what respect the said ship or vessel is unfit to proceed on the intended voyage, and what addition of men, provisions or stores, or what repairs or alterations in the body, tackle or apparel will be necessary; and upon such report the said judge or justice shall adjudge and determine, and shall endorse on the said report his judgment, whether the said ship or vessel is fit to proceed on the intended voyage; and if not, whether such repairs can be made or deficiencies supplied where the ship or vessel then lays, or whether it be necessary for the said ship or vessel to return to the port from whence she first sailed, to be there refitted; and the master and crew shall in all things conform to the said judgment; and the master or commander Master to pay shall, in the first instance, pay all the costs of such view, report and
costs in the first instance.
judgment, to be taxed and allowed on a fair copy thereof, certified by the said judge or justice. But if the complaint of the said crew shall appear upon the said report and judgment, to have been without foundation, then the said master, or the owner or consignee of such ship or vessel, shall deduct the amount thereof, and of reasonable damages for the detention (to be ascertained by the said judge or justice) out of the wages growing due to the complaining seamen or mariners. And if after such judgment, such ship or vessel is fit to proceed on her intended voyage, or after procuring such men, provisions, stores, repairs or alterations as may be directed, the said seamen or mariners, or either of them, shall refuse to proceed on the voyage, it shall and may be lawful for any justice of the peace to commit by warrant under his hand and
Recovery of forfeitures.
Vessel leaky, or unfit for the
Application by the master to the district judge, or some justice of the
Precept from the judge, &e.
If complaint groundless, costs to be charged to sea
As to the forfeiture of their wages by seamen, see Brown v. Jones, 2 Gallis. C. C. R. 477. The Two Catherines, 2 Mason's C. C. R. 319. The Ship Mentor, 4 Mason's C. C. R. 84. Orne v. Townsend, 4 Mason's C. C. R. 541. The Phoebe, 1 Wash. C. C. R. 48. The Maria, 1 Adm. Decisions, 186. Sims v. Mariners, 2 Adm. Decisions, 393. Sprague v. Kain, Bee's Rep. 184. Peters' Digest,—“ Admiralty,”
seal, every such seaman or mariner (who shall so refuse) to the common gaol of the county, there to remain without bail or main prize, until he shall have paid double the sum advanced to him at the time of subscribing the contract for the voyage, together with such reasonable costs as shall be allowed by the said justice, and inserted in the said warrant, and the surety or sureties of such seaman or mariner (in case he or they shall have given any) shall remain liable for such payment; nor shall any such seaman or mariner be discharged upon any writ of habeas corpus or otherwise, until such sum be paid by him or them, or his or their surety or sureties, for want of any form of commitment, or other previous proceedings. Provided, That sufficient matter shall be made to appear, upon the return of such habeas corpus, and an examination then to be had, to detain him for the causes herein before assigned.
SEC. 4. And be it [further] enacted, That if any person shal harbor or secrete any seaman or mariner belonging to any ship or vessel, knowing them to belong thereto, every such person, on conviction thereof before any court in the city, town or county where he, she or they may reside, shall forfeit and pay ten dollars for every day which he, she or they shall continue so to harbor or secrete such seaman or mariner, one half to the use of the person prosecuting for the same, the other half to the use of the United States; and no sum exceeding one dollar, shall be recoverable from any seaman or mariner by any one person, for any debt contracted during the time such seaman or mariner shall actually belong to any ship or vessel, until the voyage for which such seaman or mariner engaged shall be ended.
SEC. 5. And be it [ further] enacted, That if any seaman or mariner, who shall have subscribed such contract as is herein before described, shall absent himself from on board the ship or vessel in which he shall so have shipped, without leave of the master or officer commanding on board;(a) and the mate, or other officer having charge of the log-book, shall make an entry therein of the name of such seaman or mariner, on the day on which he shall so absent himself, and if such seaman or mariner shall return to his duty within forty-eight hours, such seaman or mariner shall forfeit three days pay for every day which he shall so absent himself, to be deducted out of his wages; but if any seaman or mariner shall absent himself for more than forty-eight hours at one time, he shall forfeit all the wages due to him, and all his goods and chattels which were on board the said ship or vessel, or in any store where they may have been lodged at the time of his desertion, to the use of the owners of the ship or vessel, and moreover shall be liable to pay to him or them all damages which he or they may sustain by being obliged to hire other seamen or mariners in his or their place, and such damages shall be recovered with costs, in any court or before any justice or justices having jurisdiction of the recovery of debts to the value of ten dollars or upwards.
SEC. 6. And be it [further] enacted, That every seaman or mariner shall be entitled to demand and receive from the master or commander of the ship or vessel to which they belong, one third part of the wages which shall be due to him at every port where such ship or vessel shall unlade and deliver her cargo before the voyage be ended, unless the contrary be expressly stipulated in the contract and as soon as the voyage is ended, and the cargo or ballast be fully discharged at the last port of delivery, every seaman or mariner shall be entitled to the wages which shall be then due
(a) Desertion during the voyage, is, by the maritime law, a forfeiture of all the wages antecedently due. But a desertion to work this effect, must not be merely an absence without leave, or in disobedience of orders, but an intention to abandon the ship and the service. 1 Sumner's Rep. 373.
As to desertion, see the following cases. Emmerson v. Howland, 1 Mason's C. C. R. 45. Sims v. Mariners, 2 Adm. Decisions, 393. Wood v. The Nimrod, Gilpin's Rep. 86. Magee v. The Moss, Gilpin's Rep. 219.