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No. 411. AUGUST 5, 1861.

CHAP. XLVIII. - An Act supplementary to an Act entitled "An Act to protect the
Commerce of the United States, and punish the Crime of Piracy."

Stat. at Large,

Vol. XII. p. 314.

1819, ch. 77. Vessels intend

Be it enacted, &c. That any vessel or boat which shall be built, purchased, fitted out in whole or in part, or held for the purpose of being ed for piratical aggressions may employed in the commission of any piratical aggression, search, restraint, be seized at sea depredation, or seizure, or in the commission of any other act of piracy, or in port and condemned. as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or boat or not; and any such vessel or boat may be adjudged and condemned, if captured by a vessel authorized as hereinafter mentioned, to the use of the United States and to that of the captors, and 1819, ch. 77, § 4. if seized by a collector, surveyor, or marshal, then to the use of the United States, after due process and trial, in like manner as is provided in section four of the act to which this act is supplementary, which section is hereby made in all respects applicable to cases arising under this act.

to be instructed

SEC. 2. That the President of the United States be, and hereby is, Commanders of authorized to instruct the commanders of the public armed vessels of the public ships, &c. United States, and to authorize the commanders of any other armed ves- to seize such sels sailing under the authority of any letters of marque and reprisal vessels. granted by the Congress of the United States, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States any vessel or boat built, purchased, fitted out, or held, as in the first section of this act mentioned. SEC. 3. That the collectors of the several ports of entry, the surveyors Collectors, surof the several ports of delivery, and the marshals of the several judicial veyors, and marshals, required to districts within the United States be and are hereby authorized and seize such vesrequired to seize any and all vessels or boats built, purchased, fitted out, sels, &c. or held as aforesaid, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as hereinbefore provided.

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CHAP. XLIX.

-An Act to reduce Consular Fees for Vessels running to or between For-
eign Ports.

Be it enacted, &c. That American vessels running regularly by weekly or monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year, anything in the law or regulations respecting consular fees to the contrary notwithstanding.

Stat. at Large, Vol. XII. p. 315.

Consular fees for certain vessels.

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CHAP. LXIV.

An Act requiring an Oath of Allegiance, and to support the Constitu- Stat. at Large, tion of the United States, to be administered to certain Persons in the Civil Service of Vol. XII. p. 326. the United States.

civil service of

Be it enacted, &c. That it shall be the duty of the heads of the several Persons in the departments to cause to be administered to each and every officer, clerk, the government or employee, now in their respective departments, or in any way connected to take oath of therewith, or who shall hereafter in any way become connected therewith, allegiance. the following oath, viz: "I do solemnly swear (or affirm, as the case Form of oath. may be) that I will support, protect, and defend the Constitution and government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the

same, any ordinance, resolution, or law of any State convention or legislature to the contrary notwithstanding; and, further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever; and, further, that I will well and faithfully perform all the duties which may be required of me by law. So help me Penalty for re- God." And that each and every such civil officer and employee, in the departments aforesaid, or in any way connected therewith, in the service or employment of the United States, who shall refuse to take the oath or affirmation herein provided, shall be immediately dismissed and discharged from such service or employment.

fusal to take the oath.

Before whom oath may be taken.

Violation of

oath to subject

offender to pen

alties of perjury,

and discharge from service.

SEC. 2. That the oath or affirmation, herein provided for in the first section of this act, may be taken before any justice of the peace, or notary public, or other person who is legally authorized to administer an oath in the State or district where the same may be administered. And that any violation of such oath by any person or persons taking the same shall subject the offender to all the pains and penalties of wilful and corrupt perjury, who shall be liable to be indicted and prosecuted to conviction for any such offence before any court having competent jurisdiction thereof: And provided further, That such offender shall be forthwith discharged from such service or employment.

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Stat. at Large, CHAP. LXV. - An Act explanatory of an Act entitled "An Act concerning the AttorneyVol. XII. p. 327. General and the Attorneys and Marshals of the several Districts."

Solicitor of

treasury not affected by act 1861, ch. 37.

Be it enacted, &c. That nothing in the act of which this act is explanatory, shall be construed to repeal, modify, or in any way affect any law, now in force, defining or regulating the duties of the solicitor of the Vol. xii. p. 285. treasury.

Stat. at Large, Vol. XII. p. 335.

Salary of consul at Bremen,

at Pictou,

at Swatow,

cers whose salaries exceed

No. 415. · FEBRUARY 4, 1862.

CHAP. XVII. — An Act making Appropriations for the Consular and Diplomatic Expenses of the Government for the Year ending thirtieth June, eighteen hundred and sixtythree, and additional Appropriations for the Year ending thirtieth June, eighteen hundred and sixty-two.

Be it enacted, &c. **** The salary of the consul at Bremen shall be three thousand dollars, to commence on the first day of January, eighteen hundred and sixty-two; and the consul at Pictou (Nova Scotia) shall receive a salary of fifteen hundred dollars, to commence on the first day of January, eighteen hundred and sixty-two; and the salary of the consul at Swatow shall be thirty-five hundred dollars, to commence on the twentyfirst day of September, eighteen hundred and sixty; and the consul at at Port Mahon. Port Mahon shall receive a salary of fifteen hundred dollars: Provided, Consular offi- That all consular officers whose respective salaries exceed one thousand dollars per annum shall be subject to the provisions of the fifth section of $1000 not to en- the act to regulate the diplomatic and consular systems of the United gage in mercan- States, approved August eighteen, eighteen hundred and fifty-six; and 1856, ch. 127, § 5. their respective consulates shall be included in schedule B, of the list of Ante, p. 377. salaried consulates: And provided further, That no appointments of consuls shall hereafter be made, nor the compensation of consuls raised, under the act of August two, eighteen hundred and sixty-one, except to Salary of con- the places herein mentioned. And the consul at New Castle-upon-Tyne sul at New Cas- shall receive a salary of fifteen hundred dollars per annum, commencing tle-upon-Tyne. on the first day of January, eighteen hundred and sixty-two.

tile business.

Proviso.
1861, ch. 35.

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No citizen or

United States

from China coo

Be it enacted, &c. That no citizen or citizens of the United States, or foreigner coming into or residing within the same, shall, for himself or for resident of the any other person whatsoever, either as master, factor, owner, or other- shall prepare any wise, build, equip, load, or otherwise prepare, any ship or vessel, or any vessel to procure steamship or steam-vessel, registered, enrolled, or licensed, in the United lies, to be transStates, or any port within the same, for the purpose of procuring from ported, &c. China, or from any port or place therein, or from any other port or place the inhabitants or subjects of China, known as "coolies," to be transported to any foreign country, port, or place whatever, to be disposed of, or sold, or transferred, for any term of years or for any time whatever, as servants or apprentices, or to be held to service or labor. And if any ship or vessel, steamship, or steam-vessel, belonging in whole or in part to citizens of the United States, and registered, enrolled, or otherwise licensed as aforesaid, shall be employed for the said purposes, or in the ed States in "coolie trade," so called, or shall be caused to procure or carry from whole or in part so employed, China or elsewhere, as aforesaid, any subjects of the government of shall be forfeitChina for the purpose of transporting or disposing of them as aforesaid, ed. every such ship or vessel, steamship, or steam-vessel, her tackle, apparel, furniture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the United States for the district where the said ship or vessel, steamship, or steam-vessel, may be found, seized, or carried.

SEC. 2. That every person who shall so build, fit out, equip, load, or otherwise prepare, or who shall send to sea, or navigate, as owner, master, factor, agent, or otherwise, any ship or vessel, steamship, or steamvessel, belonging in whole or in part to citizens of the United States, or registered, enrolled, or licensed within the same, or at any port thereof, knowing or intending that the same shall be employed in that trade or business aforesaid, contrary to the true intent and meaning of this act, or in any wise aiding or abetting therein, shall be severally liable to be indicted therefor, and, on conviction thereof, shall be liable to a fine not exceeding two thousand dollars and be imprisoned not exceeding one year.

Any vessel owned by citizens of the Unit

Those building, equipping, navigating, &c. any such vessel, how punished.

Taking coolies

on board a ves

SEC. 3. That if any citizen or citizens of the United States shall, contrary to the true intent and meaning of this act, take on board of any sel or transportvessel, or receive or transport any such persons as are above described in ing them, &c. to this act, for the purpose of disposing of them as aforesaid, he or they shall dispose of them, how punished. be liable to be indicted therefor, and, on conviction thereof, shall be liable to a fine not exceeding two thousand dollars and be imprisoned not exceeding one year.

interfere with voluntary emi

Chinese. Consular certificate required

SEC. 4. That nothing in this act hereinbefore contained shall be. This act not to deemed or construed to apply to or affect any free and voluntary emigration of any Chinese subject, or to any vessel carrying such person as gration of the passenger on board the same: Provided, however, That a permit or certificate shall be prepared and signed by the consul or consular agent of the United States residing at the port from which such vessel may take in such case. her departure, containing the name of such person, and setting forth the fact of his voluntary emigration from such port or place, which certificate shall be given to the master of such vessel; but the same shall not be given until such consul or consular agent shall be first personally satisfied by evidence produced of the truth of the facts therein contained.

Provisions of acts relating to passengers in

SEC. 5. That all the provisions of the act of Congress approved February twenty-second, eighteen hundred and forty-seven, entitled "An act to regulate the carriage of passengers in merchant vessels," and all the merchant ves

sels, to apply to

such vessels car-
rying passengers
between foreign

ports.
1847, ch. 16.

1849, ch. 111.

President may order vessels of

on board.

provisions of the act of Congress approved March third, eighteen hundred and forty-nine, entitled "An act to extend the provisions of all laws now in force relating to the carriage of passengers in merchant vessels and the regulation thereof," shall be extended and shall apply to all vessels owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed within the United States, propelled by wind or by steam, and to all masters thereof, carrying passengers or intending to carry passengers from any foreign port or place without the United States to any other foreign port or place without the United States; and that all penalties and forfeitures provided for in said act shall apply to vessels and masters last aforesaid.

SEC. 6. That the President of the United States shall be, and he is herewar to examine by, authorized and empowered, in such way and at such time as he shall vessels supposed judge proper to the end that the provisions of this act may be enforced to have "coolies" according to the true intent and meaning thereof, to direct and order the vessels of the United States, and the masters and commanders thereof, to examine all vessels navigated or owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed under the laws of the United States, wherever they may be, whenever, in the judgment of such master or commanding officer thereof, reasonable cause shall exist to believe that such vessel has on board, in violation of the provisions of this act, any subjects of China known as coolies," for the purpose of transportation; and upon sufficient proof that such vessel is employed in violation of the provisions of this act, to cause such vessel to be carried, with her officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of according to the provisions of this act.

If any vessel is employed in violation of this act, it is to be sent to the United States.

When act to take effect.

66

SEC. 7. That this act shall take effect from and after six months from the day of its passage.

No. 417.— MARCH 6, 1862.

Stat. at Large, CHAP. XXXVII. -An Act to provide for the Appointment of additional Clerks in the Vol. XII. p. 353. Office of the Assistant Treasurer at New York, and for other Purposes.

Assistant treasurer at

Be it enacted, &c. That the assistant treasurer of the United States at New York be, and he hereby is, authorized to appoint, from time to time, New York may appoint addition- by and with the consent and approbation of the Secretary of the Treasal clerks, &c. ury, such other clerks, messengers, and watchmen, in addition to those already employed by him, as the exigencies of the public business may Compensation. require, at rates of compensation to be fixed by the Secretary of the Treasury: Provided, That such rates shall in no case exceed those now allowed by law for the several persons similarly employed in the office of the said assistant treasurer. The compensation for such additional clerks, messengers, and watchmen, for the current and next fiscal year, shall be paid out of any moneys in the treasury not otherwise appropriated. Estimates for compensation for such additional clerks, messengers, and watchmen, after the next fiscal year, shall be submitted by the Secretary of the Treasury with his annual estimates.

Estimates.

New York.

Duties.

Deputy assist- SEC. 2. That the said assistant treasurer of the United States at New ant treasurer at York be, and he hereby is, further authorized to appoint, with the approAppointment. bation of the Secretary of the Treasury, a competent person from among his clerks who shall be called the deputy assistant treasurer of the United States. The said deputy assistant treasurer, in addition to the duties performed by him and any others which he may be required to perform by the said assistant treasurer, is hereby authorized to witness the execution of any and all transfers of government stock and powers of attorney, and sign all receipts for patent fees and bullion receipts, with like effect as if the same were witnessed and signed, respectively, by the said assistant treasurer in person. The said deputy assistant treasu

Compensation.

rer shall receive an additional compensation of one thousand dollars per annum, to be paid out of any money in the treasury not otherwise appropriated: Provided, That the total compensation received by him shall not exceed three thousand dollars per annum.

for blank checks

SEC. 3. That the sum of two thousand five hundred dollars be, and the Appropriation same is hereby appropriated, out of any money in the treasury not for sub-treasotherwise appropriated, for the purchase of blank checks for the use of ury. the sub-treasury.

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CHAP. LXVII. — An Act to establish a Port of Entry in the Collection District of Beaufort, South Carolina.

Stat. at Large, Vol. XII. p. 385.

Port Royal,

made a port of

&c.

Officers, pay,

Be it enacted, &c. That a port of entry and delivery shall be and is hereby established in the collection district of Beaufort, in the State of South Carolina, South Carolina, at or near Hilton Head, to be called the port of Port entry. Royal, which shall be subject to the same regulations and restrictions as other ports of entry and delivery in the United States; and there shall be appointed a collector of the customs, to reside at said port, who shall receive a salary of fifteen hundred dollars per annum. And the Secretary of the Treasury shall have power to appoint, on the nomination of the collector, such inspectors, weighers, gaugers, measurers, and other officers as may be necessary for the collection of the revenue at said port, whose compensation shall not exceed the rates allowed to similar officers at other ports of entry and delivery in the United States.

CHAP. LXXVI.

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An Act making Appropriations to reimburse the Contingent Fund of Stat. at Large, the Office of the Secretary of the Treasury, including Compensation of additional Clerks Vol. XII. p. 394. who may be employed according to the Exigencies of the Public Service, and for temporary Clerks, for the current Fiscal Year and for the Year ending June thirtieth, eighteen hundred and sixty-three, and to provide for the Employment of additional Clerks in the Office of the Assistant Treasurer at St. Louis.

assistant author

urer of St. Louis. Salaries.

SEC. 2. That from and after the thirtieth day of June, eighteen hun- Chief clerk and dred and sixty-two, there shall be employed in the office of the assistant ized in office of treasurer at St. Louis a chief clerk and teller with an annual salary of assistant treaseighteen hundred dollars, and one assistant clerk with an annual salary of twelve hundred dollars; and the sum of three thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appro- Appropriation. priated, to pay the salaries of said chief clerk and assistant clerk for the fiscal year ending June thirty, eighteen hundred and sixty-three: Provided, That the clerks hereby authorized are to be in the place of all other clerical force now authorized by law for said office.

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Stat. at Large,

CHAP. LXXXI. - An Act supplementary to an Act approved on the thirteenth July eighteen hundred and sixty-one, entitled "An Act to provide for the Collection of Duties on Vol. XII. p. 404. Imports, and for other Purposes." 1861, ch. 3.

Be it enacted, &c. That the Secretary of the Treasury, in addition to Clearances may the powers conferred upon him by the act of the thirteenth July, eighteen be refused to hundred and sixty-one, be, and he is hereby, authorized to refuse a clear- vessels, if, &c. ance to any vessel or other vehicle laden with goods, wares, or merchandise, destined for a foreign or domestic port, whenever he shall have satisfactory reason to believe that such goods, wares, or merchandise, or any part thereof, whatever may be their ostensible destination, are intended for ports or places in possession or under control of insurgents against the

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