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Captain Pike and his Companions.

I wish you health, and successful and honora-Return of persons employed on a tour of discovery and ble expedition, and am yours with friendship,

Lieut. Z. M. PIKE.

JAMES WILKINSON.

exploration to the source of the Mississippi, in the years 1805 and 1806.

Lieutenant, Z. M. Pike; Interpreter, Pierre Rosseau; Sergeant, Henry Kennerman; Corporals, William E. Meek, and Samuel Bradley.

WAR DEPARTMENT, Feb. 24, 1808. Privates.-Jeremiah Jackson, John Boley, John SIR. In answer to your letter of the 22d in- Brown, Jacob Carter, Thomas Dougherty, William Gorden, Solomon Huddleston, John Mountstant, I can with pleasure observe, that although joy, Theodore Miller, Hugh Menaugh, Alexander the two exploring expeditions you have performed were not previously ordered by the Presi- Roy, John Sparks, Patrick Smith, Freegift Stoute, Peter Brauden, David Owings, David Weeply. dent of the United States, there were frequent communications on the subject of each, between 1805, but had been detached for that duty from This party left St. Louis on the 9th of August, General Wilkinson and this Department; of the 1st of July. They returned the 30th of April, which the President of the United States was, 1806; from which time until the 15th of July, from time to time, acquainted; and it will be no I was preparing for the second expedition to the more than what justice requires to say that your westward; which consisted of the following perconduct, in each of those expeditions, met the sons, to wit: approbation of the President; and that the information you obtained and communicated to the Executive, in relation to the source of the Mississippi and the natives in that quarter, and the country generally, as well on the Upper Mississippi as that between the Arkansas and the Missouri, and on the borders of the latter extensive river to its source and country adjacent, has been considered highly interesting in a political, geographical, and historical view. And you may rest assured that your services are held in high estimation by the President of the United States; and if any opinion of my own can afford you any satisfaction, I very frankly declare that I consider the public much indebted to you for the enter prising, persevering, and judicious manner in which you have performed them.

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Wilkinson,* Doctor John H. Robinson, Sergeants,
Captain Z. M. Pike, Lieutenant James B.
Joseph Ballenger,* William E. Meek, and Cor-
poral Jeremiah Jackson.f

Privates.-John Boley,* Henry Kennerman,
Samuel Bradley,* John Brown, Jacob Carter,f
Thomas Dougherty, William Gorden, Solomon
Huddleston,* Theodore Miller,† Hugh Menaugh,
John Mountjoy, Alexander Roy, John Sparks,f
Patrick Smith, Freegift Stoute, John Wilson.*
Interpreter, Barony Vasquez.†

The balance arrived at Natchitoches, on or about the 1st of July, 1807. But it may probably be better to leave the whole time undefined, to be regulated by the honorable Secretary of War. Z. M. PIKÉ, Major.

*Those thus marked descended the Arkansas river, and arrived at New Orleans some time about the of February, 1807. Those thus marked are still detained in New Spain.

10th CoN. 2d SESS.-57

PUBLIC ACTS OF CONGRESS;

PASSED AT THE SECOND SESSION OF THE TENTH CONGRESS, BEGUN AND HELD AT THE CITY OF WASHINGTON, NOVEMBER 7, 1808.

An Act to authorize the transportation of a certain Message of the President of the United States, and documents accompanying the same.

Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Members of Congress and Delegates from the several Territories of the United States be, and they are hereby, authorized to transmit by mail, free of postage, the Message of the President of the United States, of the eighth day of November, in the year one thousand eight hundred and eight, and documents accompanying the same, printed by order of the Senate, and by order of the House of Representatives, to any post office within the United States, and Territories thereof, to which they may respectively direct, any law to the contrary notwithstanding.

J. B. VARNUM, Speaker of the House of Representatives. GEO. CLINTON, Vice President of the United States, and President of the Senate.

Approved, November 18, 1808.

TH. JEFFERSON.

An Act authorizing the President of the United States to employ an additional number of revenue cutters. Be it enacted, &c., That the President of the United States be, and he is hereby, empowered to procure so many revenue cutters, not exceeding twelve, as may be necessary for the public service, the expense whereof shall be paid out of the product of the duties on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels.

Approved, January 6, 1809.

An Act authorizing the payment of certain pensions by the Secretary of War at the seat of Govern

ment.

Be it enacted, &c., That every pension or arrearage of pension that shall be due on the third day of March, one thousand eight hundred and nine, or that may thereafter become due to any officer or soldier residing in either of the United States, or the Territories thereof, in which there hath not been appointed an agent for the payment of pensions, shall be paid at the seat of the Government of the United States, by the Secretary of the War Department, and the name of the pensioner shall, on his application to the Secretary of War, be transferred from the books of the

State in which it was originally enregistered to a
register, to be opened for that purpose, at the War
Office of the United States.
Approved, January 7, 1809.

An Act to enforce and make more effectual an act, entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United State," and the several acts supplementary thereto. Be it enacted, &c., That, if any person or persons shall put, place, or load, on board any ship, vessel, boat, or water craft, or into any cart, wagon, sled, or other carriage or vehicle, with or without wheels, any specie, goods, wares, or merchandise, with intent to export, transport or convey the same without the United States or the Territories thereof, to any foreign place, kingdom or country, or with intent to convey the same on board any foreign ship or vessel within or without the limits of the United States, or with the intent in any other manner to evade the acts to which this act is a supplement, all such specie, goods, wares, and merchandise, and also the ship, vessel, boat, water craft, cart, wagon, sled, or other carriage or vehicle, on board, or in which the same may be so put, placed, or loaded, as aforesaid, shall be forfeited, and the person or persons so putting, placing, or loading, the same as aforesaid, and also the aiders and abettors therein, high misdemeanor, and fined a sum by the court shall, upon conviction, be adjudged guilty of a before which the conviction is had, equal to four times the value of such specie, goods, wares, and merchandise: Provided, however, That this section shall not be construed to extend to any person or persons, not being the owner or owners of such specie, goods, wares, or merchandise, who shall first inform and make complaint to the collector of the district of any such offence committed within the same district; and any informer or informers, not being the owner or owners as aforesaid, upon conviction of the offenders, shall be entitled to one-half of the fine aforesaid, when the same shall be received by the United States, and shall be entitled to a certificate for that purpose from the court before whom the conviction shall be had.

SEC. 2. And be it further enacted, That it shall not be lawful to put on board any ship, vessel, or boat, of any description whatever, any specie or goods, wares, or merchandise, either of domestic or foreign growth, produce, or manufacture, and the same is hereby prohibited, unless a permit,

Public Acts of Congress.

particularly stating the articles thus to be laden, at any time such articles of domestic or foreign shall have been previously obtained from the col- growth as may be designated in such general perlector of the district, in which such ship, vessel, mission or permissions, bond with one or more or boat may then be, or from a revenue officer, sureties being previously given to the United specially authorized by the collector to grant such States by the owner, owners, consignee, or factors permits; nor unless the lading shall be made un- of such ship, vessel, or boat, and by the master der the inspection of the proper revenue officers, thereof, in an amount equal to three hundred dolnor unless the owner or owners, consignee or lars for each ton of the said vessel, that such vesfactor of such ship, vessel, or boat, shall, with the sel shall not, during the time limited in the conmaster, have given bond with one or more sure- dition of the bond, depart from any district of the ties to the United States, in a sum six times the United States, without having previously obtainvalue of the vessel and cargo, that the vessel shall ed a clearance, nor until the master or commander not leave the port without a clearance, nor shall, shall have delivered to the collector or surveyor when leaving the port, proceed to a foreign port of the port of departure a manifest of the whole or place, nor shall put any article on board of any cargo on board, that the said vessel shall not, other vessel; and that the whole cargo shall be during the time abovementioned, proceed to any relanded either in the port where the vessel may other port than that mentioned in her clearance, then be, or in such other port of the United States or put any article on board of any other vessel, as shall be designated in the clearance. And it or be employed in any foreign trade; and, that on shall be lawful for the collectors of the customs every voyage or trip, the whole of the cargo shall to refuse permission to put any cargo on board be landed in a port of the United States within any such ship, vessel, or boat, whenever, in their the bay, sound, rivers, or lakes, to which the navopinion, there is an intention to violate the em-igation of such vessel is confined. bargo, or whenever they shall have received instructions to that effect by direction of the President of the United States: Provided, That nothing contained in this section shall be construed to extend to any ship, vessel, or boat, uniformly employed in the navigation only of bays, sounds, rivers, and lakes, within the jurisdiction of the United States, which shall have obtained a general permission, agreeably to the provisions in the fourth section of this act.

SEC. 5. And be it further enacted, That, if any ship, vessel, or boat, not having received a general permission, and a general bond not having been first given in the manner provided for in the next preceding section, shall take on board any specie, or any goods, wares, or merchandise, either of foreign or domestic growth, produce, or manufacture, contrary to the provisions of the second section of this act, such ship, vessel, or boat, together with the specie, and goods, wares, or merchandise, shall be wholly forfeited; and the owner, or owners, agent, freighter, or factors, master, or commander of such ship, vessel, or boat, shall, moreover, severally forfeit and pay a sum equal to the value of the ship, vessel, or boat, and of the cargo put on board the same.

SEC. 3. And be it further enacted, That the owner or owners, consignee or factor, of any ship, vessel, or boat, as described in the preceding section, which may, at the time when notice of this act shall be received at the several custom-houses respectively, be laden in whole or in part, shall, on notice given by the collector, either discharge SEC. 6. And be it further enacted, That the persuch cargo or give bond for the same, in the man- son or persons whose names do or may appear as ner and on the conditions mentioned in the pre-owner or owners of any ship or vessel, either on ceding section; and, if the cargo shall not be discharged within ten days or the bond given within three days after such notice, the ship, vessel, or boat and cargo, shall be wholly forfeited. But the collectors are hereby authorized to order or to cause the cargoes of such vessels to be discharged for the same causes as they may refuse permission to put any cargo on board of vessels not yet laden in whole or in part. And they are likewise authorized, in the meanwhile, and until the cargoes shall have been discharged, or bonds given, as the case may be, to take possession of such vessels, and to take such other measures as may be necessary to prevent their departure.

SEC. 4. And be it further enacted, That the collectors of the customs be, and they are hereby, authorized to grant, under such general instructions as the President of the United States may give to that effect, a general permission to ships, vessels, or boats, whose employment has uniformly been confined to the navigation of bays, sounds, rivers, or lakes, within the jurisdiction of the United States, when it can be done without danger of the embargo being violated, to take on board

the certificate of registry, enrollment, or license, of any such ship, or vessel, or, if neither registered nor licensed, on the last clearance or custom-house document issued before the passing of this act, for such ship or vessel, shall be reputed as the true owner or owners of such ship, or vessel, and be liable to the payment of all penalties which may be incurred by the owners of such ship, or vessel, by reason of any violation of any of the provisions of this act, or of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, or of any of the acts supplementary thereto, by such ship or vessel: Provided, always, That nothing in this section contained shall be construed to release any other person or persons from the payment of any penalty incurred by virtue of any of the acts aforesaid. And in case of any new register or license being granted during the continuance of the said acts, or, in case of the sale of any ship or vessel neither registered nor licensed, a bond with one or more sureties to the United States, shall, previous to the granting any such new register or license, or to recognising the sale of such

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Public Acts of Congress.

vessel, not registered or licensed, be required by the collector, in an amount equal to three hundred dollars for each ton of such ship, or vessel, that such ship, or vessel, shall not, during the continuance of the acts laying an embargo on all ships and vessels in the ports and harbors of the United States, contravene or infringe any of the provisions of the said acts: Provided, That nothing herein contained, shall be construed to extend to the owner, or owners, of any ship, or vessel, who shall have made a bona fide sale of such ship, or vessel, in any port or harbor of the United States, before notice of this act, at such port or harbor, respectively; nor to the owner, or owners, of any ship or vessel, in any foreign port or place, who shall have made a bona fide sale thereof, before notice of this act: And provided, also, That such bond shall not release the owners and master of such ship, or vessel, or any other person, from the obligation of giving every other bond required by this act or by any of the acts aforesaid.

port, to whom the bond aforesaid shall have been given, before the commencement of the voyage, and subscribed and sworn to by the master before such collector; and any master who shall falsely, wilfully, and corruptly swear as to the facts contained in such copy, shall, on conviction, suffer the pains and penalties of perjury. And in every suit instituted on a bond, given as aforesaid, the defendants shall pay all costs, if they shall not, within the limited time, have produced the certificate of relanding to the collector of the proper port.

SEC. 8. And be it further enacted, That no registered or sea-letter vessel, although in ballast, shall receive a clearance, or be permitted to depart from any port of the United States, unless the same bond shall have been previously given, which is required from vessels licensed for the coasting trade, before they are allowed to depart. And if any such ship or vessel shall depart without bond having been given as aforesaid, the said ship or vessel shall be forfeited; and the owner, owners, agent, consignee, factor, and master or commander, of such ship or vessel, as well as any other person concerned in such prohibited departure, shall be liable to the same penalties imposed by law in the case of vessels licensed for the coasting trade departing, without bond having been given, or without clearance, as aforesaid.

of any ship or vessel, boat, or other water-craft, when there is reason to believe that they are intended for exportation, or when in vessels, carts, wagons, sleighs, or any other carriage, or in any manner apparently on their way toward the territories of a foreign nation, or the vicinity thereof, or toward a place whence such articles are intended to be exported; and not to permit such articles to be removed, until bond with sufficient sureties shall have been given for the landing or delivery of the same in some place of the United States, whence, in the opinion of the collector, there shall not be any danger of such articles beexported.

SEC. 7. And be it further enacted, That in all cases where, either under this act, or under the act laying an embargo on all ships or vessels in the ports and harbors of the United States, or under any of the acts supplementary thereto, a bond has been or shall be given to the United States, with condition that certain goods, wares, and merchandise, or the cargo of a vessel, shall SEC. 9. And be it further enacted, That the be relanded in some port of the United States, collectors of all the districts of the United States the party or parties to such bond shall, within shall, and they are hereby, authorized to take into two months after the date of the same, (unless in their custody, specie or any articles of domestic the case of a voyage from New Orleans to an At-growth, produce, or manufacture, found on board lantic port or from an Atlantic port to New Orleans, in either of which cases, four months shall as heretofore be allowed,) produce to the collector of the port from which the vessel had been cleared with such goods, wares, merchandise, or cargo, a certificate of the relanding of the same from the collector of the proper port; on failure whereof, the bond shall be put in suit; and in every such suit, as well as in every suit instituted on a bond given for a voyage from or to New Orleans, judgment shall be given against the defendant or defendants, unless proof shall be given of such relanding, or of loss of the vessel at sea. But neither capture, distress, or any other accident what-ing ever, shall be pleaded or given in evidence in any such suit, unless such capture shall be expressly proved to have been hostile, and such distress or accident caused by no negligence or deviation, nor unless such vessel shall have been from the commencement of the voyage wholly navigated by a master, mate or mates, mariners and crew, all of whom shall be citizens of the United States; nor unless such mate or mates, mariners and crew, shall, all, if living, (and the proof of their death shall lie on the defendant,) be produced on the trial, and sworn as competent witnesses; nor unless such master, mate or mates, mariners and crew, shall have signed a shipping paper in due form of law, and a copy thereof, designating specially the master, mate or mates, mariners and crew, and their permanent place of residence, shall have been lodged with the collector of the

SEC. 10. And be it further enacted, That the powers given to the collectors, either by this or any other act respecting the embargo, to refuse permission to put any cargo on board any vessel, boat, or other water-craft, to detain any vessel, or to take into their custody any articles for the purpose of preventing violations of the embargo, shall be exercised in conformity with such instructions as the President may give, and such general rules as he may prescribe for that purpose, made in pursuance of the powers aforesaid; which instructions and general rules the collectors shall be bound to obey: And if any action or suit be brought against any collector or other person acting under the directions of, and in pursuance of this act, he may plead the general issue, and give this act and the instructions and regulations of the President in evidence, for his justification and

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