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(ACT of February 25th, 1799.)

or arresting such fugitive from labor, or shall rescue such fugitive from such claimant, his agent or attorney, when so arrested, pursuant to the authority herein given or declared; or shall harbor or conceal such person, after notice that he or she was a fugitive from labor, as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving, moreover, to the person claiming such labor or service, his right of action for, or on account of, the said injuries, or either of them.

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ACT of February 25th, 1799. 3 Bioren, 126.

An act respecting quarantines and health laws.

1. SEC. 1. The quarantines and other restraints, which shall be required and established by the health laws of any state, or pursuant thereto, respecting any vessels arriving in, or bound to, any port or district thereof, whether from a foreign port or place, or from another district of the United States, shall be duly observed by the collectors, and all other officers of the revenue of the United States, appointed and employed for the several collection districts of such state, respectively, and by the masters and crews of the several revenue cutters, and by the military officers who shall command in any fort or station upon the seacoast; and all such officers of the United States shall be, and they hereby are, authorised and required, faithfully to aid in the execution of such quarantines and health laws, according to their respective pow ers and precincts, and as they shall be directed, from time to time, by the secretary of the treasury of the United States. And the said secretary shall be, and he is hereby, authorised, when a conformity to such quarantines and health laws shall require it, and in respect to vessels which shall be subject thereto, to prolong the terms limited for the entry of the same, and the report or entry of their cargoes, and to vary or dispense with any other regulations applicable to such reports or entries: Provided, That nothing herein shall enable any state to collect a duty of tonnage or impost, without the consent of the congress of the United States

(ACT of February 25th, 1799.)

thereto; And provided, That no part of the cargo of any vessel shall in any case, be taken out, or unladen therefrom, otherwise than as by law is allowed, or according to the regulations hereinafter established.

2. SEC. II. When, by the health laws of any state, or by the regulations which shall be made pursuant thereto, any vessel arriving within a collection district of such state, shall be prohibited from coming to the port of entry or delivery by law established for such district, and it shall be required or permitted by such health laws that the cargo of such vessel shall or may be unladen at some other place within or near to such district, the collector authorised therein, after due report to him of the whole of such cargo, may grant his especial warrant or permit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspectors, at some other place where such health laws shall permit, and upon the conditions and restrictions which shall be directed by the secretary of the treasury, or which such collector may, for the time, reasonably judge expedient for the security of the public revenue: Provided, That in every such case, all the articles of the cargo so to be unladen, shall be deposited, at the risk of the parties concerned therein, in such public, or other warehouses or enclosures, as the collector shall designate, there to remain under the joint custody of such collector, and of the owner、 or owners, or master, or other person having charge of such vessel, until the same shall be entirely unladen or discharged; and until the goods, wares, or merchandise, which shall be so deposited, may be safely removed, without contravening such health laws; and when such removal may be allowed, the collector having charge of such goods, wares, or merchandise, may grant permits to the respective owners or consignees, their factors, or agents, to receive all goods, wares, or merchandise, which shall be entered, and whereof the duties accruing shall be paid or secured, according to law, upon the payment by them of a reasonable rate of storeage; which shall be fixed by the secretary of the treasury for all public warehouses and enclosures.

3. SEC. III. There shall be purchased or erected, under the orders of the president of the United States, suitable warehouses, with wharves and enclosures, where goods and merchandise may be unladen and deposited, from any vessel which shall be subject to a quarantine, or other restraint, pursuant to the health laws of any state, as aforesaid, at such convenient place or places therein, as the safety of the public revenue, and the observance of such health laws may require.

4. SEC. 1v. When, by the prevalence of any contagious or epidemical disease, in or near the place by law established as the port of entry for any collection district, it shall become dangerous or inconvenient for the collector and the other officers of the revenue employed therein to continue the discharge of their respective of

(ACT of February 25th, 1799.)

fices at such port, the secretary, or, in his absence, the comptroller of the treasury of the United States, may direct and authorise the removal of the collector, and the other officers employed in his department, from such port, to any other more convenient place, within, or as near as may be, to such collection district, where such collector and officers may exercise the same authorities, and shall be liable to the same duties, according to existing circumstances, as in such lawful port or district; and of such removal public notice shall be given as soon as may

be.

5. SEC. v. It shall be lawful for the judge of any district court of the United States, within whose district any contagious or epidemical disease shall at any time prevail, so as, in his opinion, to endanger the life or lives of any person or persons confined in the prison of such district, in pursuance of any law of the United States, to direct the marshal to cause the person or persons confined as aforesaid, to be removed to the next adjacent prison where such disease does not prevail, there to be confined, until he, she, or they, may safely be removed back to the place of their first confinement; which removals shall be at the expense of the United States.

6. SEC. VI. In case of the prevalence of a contagious or epidemical disease at the seat of government, it shall be lawful for the president of the United States to permit and direct the removal of any, or all, the public offices, to such other place, or places, as, in his discretion, shall be deemed most safe and convenient for conducting the public business.

7. SEC. VII. Whenever, in the opinion of the chief justice, or, in case of his death, or inability, of the senior associate justice of the supreme court of the United States, a contagious sickness shall render it hazardous to hold the next stated session of the said court at the seat of government, it shall be lawful for the chief or such associate justice, to issue his order to the marshal of the district within which the supreme court is by law to be holden, directing him to adjourn the said session of the said court to such other place, within the same, or an adjoining district, as he may deem convenient; and the said marshal shall thereupon adjourn the said court, by making publication thereof, in one or more public papers printed at the place by law appointed for holding the same, from the time he shall receive such order, until the time by law prescribed for commencing the said session. And the district judges shall, respectively, under the same circumstances, have the same power, by the same means, to direct adjournments of the district and circuit courts within their several districts, to some convenient place within the same, respectively.

341

ILLINOIS.

Authorized to form a state,
Boundaries,

Representation in Congress,
Propositions relative to lands,

2

1,3 | Territory added to Michigan,
Admitted into the Union,
Grant of Land,

ACT of April 18th, 1818. Pamphlet edit. 98.

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An act to enable the people of the Illinois Territory to form a Constitution and state government, &c.

1. SEC. 1. The inhabitants of the territory of Illinois, are hereby authorized to form for themselves a 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. [See Judiciary, 128.]

2. SEC. II. The said state shall consist of all the territory included within the following boundaries, to wit: Beginning at the mouth of the Wabash river, thence up the same, and with the line of Indiana, to the north west corner of said state; thence east, with the line of the same state, to the middle of Lake Michigan; thence north, along the middle of said lake, to north latitude forty-two degrees thirty minutes; thence west, to the middle of the Mississippi river, and thence, down along the middle of that river, to its confluence with the Ohio river, and thence, up the latter river, along its north western shore, to the beginning: Provided, That the convention hereinafter provided for, when formed, shall ratify the boundaries aforesaid: otherwise they shall be, and remain, as now prescribed, by the ordinance for the government of the territory northwest of the river Ohio: Provided also, That the said state shall have concurrent jurisdiction with the state of Indiana, on the Wabash river, so far as said river shall form a common boundary to both; and also concurrent jurisdiction on the Mississippi river, with any state or states, to be formed west thereof, so far as said river shall form a common boundary to both.

SEC. III. [Representatives in the Convention, apportioned among the counties.]

3. SEC. IV. The members of the convention, thus duly elected, are hereby authorized to meet at the seat of government of the said territory, on the first Monday of the month of August 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 expedient, the convention shall be and is hereby authorized to form a constitution and state government; or, if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said

(ACT of April 18th, 1818.)

representatives shall be chosen in such manner and in such proportion, and shall meet at such time and place as shall be prescribed by the said ordinance, and shall then form for the people of said territory a constitution and state government: Provided, That the same, whenever formed, shall be republican, and not repugnant to the ordinance of the thirteenth July, seventeen hundred and eighty-seven, between the original states and the people and states of the territory northwest of the river Ohio; excepting so much of said articles as relate to the boundaries of the states therein to be formed: And provided also, That it shall appear, from the enumeration directed to be made by the legisla ture of the said territory, that there are within the proposed state not less than forty thousand inhabitants.

4. SEC. v. 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.

5. SFC. VI. The following propositions are hereby offered to the convention of the said territory of Illinois, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States and the said state.

First. That section numbered sixteen in every township, and, when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of the inhabitants of such township, for the use of schools.

Second. That all salt springs within such state, and the land reserved for the use of the same, shall be granted to the said state, for the use of the said state, and the same to be used under such terms and conditions, and regulations, as the legislature of the said state shall direct: Provided, The legislature shall never sell, nor lease the same, for a longer period than ten years, at any one time.

Third. That five per cent. of the nett proceeds of the lands lying within such state, and which shall be sold by Congress, from and after the first day of January, one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz. two-fifths to be disbursed, under the direction of Congress, in making roads leading to the state; the residue to be appropriated by the legislature of the state, for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university.

Fourth. That thirty-six sections, or one entire township, which shall be designated by the president of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature: Provided always, That the four foregoing propositions, herein offered, are on the conditions

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