Public Acts of Congress. United States, within sixty days from and after [ be, and the same is hereby, continued in force, the passage of this act, in all districts in which a excepting the sixth and eighth sections thereof. branch of the Bank of the United States is, or SEC. 2. And be it further enacted, That if any shall be, established, to cause and direct all mon- suit or prosecution be commenced in any State eys remaining in said courts respectively, or court against any collector, naval officer, surveybeing subject to the order thereof, to be deposited or, inspector, or any other officer, civil or military, in said branch bank, in the name and to the credit or any other person aiding or assisting, agreeably of the court, and a certificate thereof from the to the provisions of the act hereby continued in cashier of said bank, stating the amount and time force, or under color thereof, for anything done or of such deposite, to be transmitted, within twenty omitted to be done, as an officer of the customs, days thereafter, to the Secretary of the Treasury; by virtue of said act, or under color thereof, and and in districts in which no such branch bank is, the defendant shall, at the time of entering his or shall be established, such deposite shall be appearance at such State court, file a petition for made in like manner, and within the same time, the removal of the cause for trial at the next cirin some incorporated State bank, and a certificate cuit court of the United States to be holden in thereof, in like manner, and within the said time the district where the suit is pending, and offer as aforesaid, transmitted to the Secretary of the good and sufficient surety for his entering in such Treasury. circuit court, on the first day of its session, copies of said process against him, and also for his there appearing at the court and entering special bail in the cause, if special bail was originally required therein; it shall then be the duty of the State court to accept the surety and proceed no further in the cause; and the bail that shall have been originally taken shall be discharged. And such copies being entered as aforesaid in such court of the United States, the cause shall then proceed in the same manner as if it had been brought there by original process, whatever may be the amount of the sum in dispute, or damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding; and any attachment of the goods or estate of the defendant by the original process SEC. 4. And be it further enacted, That if any shall hold the goods or estate so attached to anclerk of such court, or other officer thereof, hav-swer the final judgment, in the same manner as ing received any such moneys as aforesaid, shall refuse or neglect to obey the order of such court, for depositing the same as aforesaid, such clerk, or other officer, shall be forthwith proceeded against by attachment for contempt. SEC. 2. And be it further enacted, That all moneys which shall hereafter be paid into said courts, or received by the officers thereof, in causes pending therein, shall be immediately deposited in the branch bank within the district, if there be one, otherwise in some incorporated State bank, within the district, in the name and to the credit of the court. SEC. 3. And be it further enacted, That no money, deposited as aforesaid, shall be drawn from said banks, except by order of the judge or judges of said courts respectively, in term or in vacation, to be signed by such judge or judges, and to be entered and certified of record by the clerk, and every such order shall state the cause in, or on account of which, it is drawn. SEC. 5. And be it further enacted, That at each regular and stated session of said courts, the clerks thereof shall present an account to said court of all moneys remaining therein, or subject to the order thereof, stating particularly on account of what causes said moneys are deposited, which account, and the vouchers thereof, shall be filed in court: Provided, nevertheless, That if in any district there shall be no branch of the Bank of the United States, nor any incorporated State bank, the courts may direct such moneys to be deposited, according to their discretion, as heretofore. Approved, March 3, 1817. An Act to continue in force an act, entitled "An act further to provide for the collection of duties on imports and tonnage," passed the third day of March, one thousand eight hundred and fifteen, and for other purposes. Be it enacted, &c., That the act entitled "An act further to provide for the collection of duties on imports and tonnage," passed the third day of March, one thousand eight hundred and fifteen, by the laws of such State they would have been holden to answer final judgment, had it been rendered by the court in which the suit was commenced: Provided, nevertheless, That this act shall not be understood to apply to any prosecution for an offence involving corporal punishment. SEC. 3. And be it further enacted, That it shall be lawful hereafter for the master, or the person having charge or command of any steamboat on Lake Champlain, when going from the United States into the Province of Lower Canada, to deliver a manifest of the cargo on board, and take a clearance from the collector of the district through which any such boat shall last pass, when leaving the United States, without regard to the place from which any such boat shall have commenced her voyage, or where her cargo shall have been taken on board, any law to the contrary notwithstanding. SEO. 4. And be it further enacted, That when any goods, wares, or merchandise, shall hereafter be imported from the Province of Lower Canada into the United States, in any steamboat on Lake Champlain, and the said goods, wares, and merchandise, shall have been duly entered, the duties thereon paid, or secured, at the office of the collector of any district adjoining Lake Champlain, it shall be lawful to land such goods, wares, or merchandise, in the same, or any other, district Public Acts of Congress. adjoining said Lake Champlain, any law to the contrary notwithstanding. SEC. 5. And be it further enacted, That, in any action or prosecution against any person as aforesaid, it shall be lawful for such person to plead the general issue, and give this act, and any special matter, in evidence. And if in any suit the plaintiff is non-suit, or judgment pass against him, the defendant shall recover double costs. SEC. 6. And be it further enacted, That this act shall continue in force for the term of four years, from and after the third day of March next, and no longer. SEC. 2. And be it further enacted, That the said commissioner shall, in all cases in which the claim to compensation or indemnity shall exceed the sum of two hundred dollars, award a commission to some one or more discreet commissioners, near the places where the witnesses reside, who shall, before they proceed to act, take an oath, or affirmation, before some officer authorized by law to administer the same, that they will faithfully and impartially execute the duties assigned to them in said commission, to the best of their judgment; and the said commissioner shall accompany said commission with SEC. 7. And be it further enacted, That every directions as to the examination of witnesses, on collector of the customs shall have authority, oath or affirmation, which the said commissioner, with the approbation of the Secretary of the or commissioners, so acting, are hereby authorTreasury, to employ within his district such ized to administer; which said commission, when number of proper persons, as deputy collectors of executed, together with the examinations taken the customs, as he shall deem necessary, who are in pursuance thereof, shall be enclosed, sealed, hereby declared to be officers of the customs; and returned by mail to the office of the said and the said deputy collectors, before they enter commissioner: Provided, however, That, in acton the duties of their offices, shall take and sub-ing on examinations taken by virtue of the act to scribe, before the collectors appointing them, or before some magistrate within their respective districts, authorized by law to administer oaths, the following oath or affirmation, to wit: "I, having been appointed a deputy collector of the customs, within and for the district ofdo solemnly, sincerely, and truly, swear (or af firm, as the case may be) that I will diligently and faithfully execute the duties of the said office of deputy collector, and will use my best endeavors to prevent and detect frauds and violations against the laws of the United States. I further swear (or affirm) that I will support the Constitution of the United States." Approved, March 3, 1817. An Act to amend the act "authorizing the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, and for other purposes," passed the ninth of April, one thousand eight hundred and sixteen. Be it enacted, &c., That the ninth section of the act, entitled "An act authorizing the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, and for other purposes," passed on the ninth of April, one thousand eight hundred and sixteen, shall be construed to extend only to houses, or other buildings, occupied by an order of an officer or agent of the United States as a place of deposite for military or naval stores, or as barracks for the military forces of the United States; and that, in acting on all claims arising under the aforesaid ninth section, as well those whereon commissions are now returned, and remain undecided, as those on which commissions may be hereafter executed, it shall be the duty of the commissioner, appointed in virtue of the act aforesaid, carefully to examine and investigate the same, and to report the facts in such case to Congress as soon as may be, that such provision may be made for the relief of the respective claimants as shall be deemed just and proper. 14th CoN. 2d SESS.-43 which this is an amendment, the said commissioner shall be authorized, in all cases where he shall adjudge the facts not to be sufficiently disclosed to allow a just decision between the claimants and the United States, to award a new commission as aforesaid; and, also, in all cases in which the said commissioner shall deem it proper to appoint an agent to act in behalf of the United States, in executing said commissions; and it shall be the duty of the commissioner, or commissioners, taking evidence in any case, to make inquiry whether any evidence may be had which may be favorable to the interest of the United States, and to take such evidence, and transmit the same to the said commissioner, in like manner. SEC. 3. And be it further enacted, That any person, in the late war aforesaid, who has sustained damage by the loss of any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss was without any fault or negligence on the part of the owner, shall be allowed and paid the value thereof. SEC. 4. And be it further enacted, That the provisions of this act, and the act to which it is an amendment, shall be, and are hereby, extended to cases of property lost, captured, or destroyed, in the wars with the Indian tribes, subsequent to the eighteenth day of February, and prior to the first day of September, one thousand eight hundred and fifteen, in the same manner as if lost, captured, or destroyed, in the late war with Great Britain. SEC. 5. And be it further enacted, That all claims allowed by said commissioners, of two hundred dollars or upwards, shall be revised by the Secretary of War, on a statement of the facts made to him by the aforesaid commissioner, and may be confirmed or rejected; and the amount Public Acts of Congress. Approved, March 3, 1817. of all claims allowed by the aforesaid commis- then, or at any time afterwards, belong to the sioner less than two hundred dollars, and those of debtor. two hundred dollars and upwards, if confirmed by the Secretary of War, shall be paid in the manner prescribed in the tenth and fourteenth sec-Resolution for admitting the State of Indiana into the tions of the act to which this is an amendment. Approved, March 3, 1817. An Act authorizing a subscription for the printing of the tenth volume of Public Documents. Be it enacted, &c., That the Secretary of State be, and he is hereby, authorized to subscribe for, and receive, for the use and disposal of Congress, five hundred copies of the tenth volume of public documents, proposed to be printed by Thomas B. Wait and Sons. The aforesaid volume to be delivered in strong leather binding, at the Department of State, at the rate of two dollars and a quarter for each five hundred pages contained in An Act supplementary to "An act for the relief of persons imprisoned for debts due the United States." Be it enacted, &c., That any person imprisoned upon execution for a debt due to the United States, which he shall be unable to pay, if his case shall be such as does not authorize his discharge by the Secretary of the Treasury, under the powers given him by the act, entitled "An act providing for the relief of persons imprisoned for debts due to the United States," may make application to the President of the United States, and upon proof being made to his satisfaction that such debtor is unable to pay the debt, and upon a compliance by the debtor with such terms and conditions as the President shall deem proper, he may order the discharge of such debtor from his imprisonment, and he shall be accordingly discharged, and shall not be liable to be imprisoned again for the same debt; but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may Union. Whereas, in pursuance of an act of Congress, passed on the nineteenth day of April, one thousand eight hundred and sixteen, entitled “An act to enable the people of the Indiana Territory to form a constitution and State government, and for the admission of that State into the Union." the people of the said Territory did, on the twenty-ninth day of June, in the present year, by a convention called for that purpose, form for themselves a constitution and State government, which constitution and State government, so formed, is republican, and in conformity with the principles of the articles of compact between the original States and the people and States in the Territory Northwest of the River Ohio, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven: Resolved by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the State of Indiana shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever. Approved, December 11, 1816. Resolution to employ John Trumbull, to compose and execute certain paintings. Resolved, &c., That the President of the United States be, and he is hereby, authorized to employ John Trumbull, of Connecticut, to compose and execute four paintings commemorative Revolution, to be placed, when finished, in the of the most important events of the American Capitol of the United States. Approved, February 6, 1817. Resolution respecting contracts for the Printing for Congress. Resolved, &c., That the Secretary of the Senate, and the Clerk of the House of Representa tives, be directed, in making any future contract for the printing of Congress, to stipulate, and require, that the same, excepting only the bills, or when otherwise specially directed by either House, shall be done in royal octavo form, the size of the pages to be the same as those of the late edition of the laws of the United States; and that when any tables will not admit, with the use of a small type, of compression into that size, they shall be so printed as to fold conveniently into the volume. Approved, March 3, 1817. INDEX TO THE PROCEEDINGS AND DEBATES OF THE SECOND SESSION OF SENATE. Acts of Congress, Mr. Williams submitted a res- Mr. Fromentin submitted a resolution rela- the resolution was read read a second time 23 35 58 64 82 85 87 98 Additional Executive Office, and Attorney Gen- report of said committee read report disagreed to, and a bill ordered Alteration of the Journal, Mr. Fromentin sub- 137 138 American Manufactures, Mr. Roberts presented read a second time, and referred read a third time, and passed as amended resolution agreed to, and referred to the Mil- 46 101 84 Ashmun, Eli P., appointed a Senator by the Le- a bill to authorize the appointment of, read 86 88 ordered to a third reading - 98 101 read a third time, and passed Adjournment, a joint resolution from the House report of said committee 149 181 usual resolutions adopted preparatory to for the more convenient taking of, read ordered to a third reading read a third time, and passed Alien Duties, a bill from the House of Represent- 133 136 144 147 atives to authorize the Secretary of the read a second time read a third time, and passed Allen, Hannah, Mr. Williams presented a peti- tion of, referred an adverse report thereon agreed to 202 203 214 Baker, Malyne, on motion of Mr. Morrow, the 181 Committee on Pensions, &c., were in- 51 52 79 146 |