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Public Acts of Congress.

An Act making appropriations for carrying into effect certain Indian Treaties.

may have claims against the United States, for expenses incurred in the inquiry into the conduct Be it enacted, &c., That, for the purpose of of John Smith, a Senator of the United States, carrying into effect a treaty between the United from the State of Ohio, as an alleged associate of States and the Choctaw nation of Indians, con- Aaron Burr; which expenses may have been aucluded at Pooshapukanuk, in the Choctaw coun-thorized by the committee of inquiry, or by order try, on the sixteenth day of November, one thousand eight hundred and five, the following sums be, and the same hereby are, appropriated, in conformity with the stipulations contained in the said treaty, that is to say:

To the said Choctaw nation, fifty thousand five hundred dollars, and the further annual sum of three thousand dollars.

of the Senate: Provided, That the said accounts shall have been first certified by the chairman of the committee, or by the Secretary of the Senate. SEC. 2. And be it further enacted, That to every witness before the said committee of inquiry, or before the Senate upon the said inquiry, there shall be allowed and paid for every day's attendance thereon, the sum of three dollars. And to To each of the three great Medal Mingoes, defray the said expenses, there is hereby approPukshunnubbee, Mingo Hoomastubbee, and Poo-priated the sum of five hundred dollars, to be shamattaha, five hundred dollars, and a further paid from any moneys in the Treasury not otherannual sum of one hundred and fifty dollars to wise appropriated. each of the said Mingoes during his continuance in office.

SEC. 2. And be it further enacted, That, for the purpose of carrying into effect a treaty between the United States and the Ottawa, Chippewa, Wyandotte, and Pottawatamie nations of Indians, concluded at Detroit on the seventeenth day of November, in the year one thousand eight hundred and seven, the following sums be, and the same hereby are, appropriated, in conformity with the stipulations contained in the said treaty, that is to say:

Ten thousand dollars to be paid to the said nations in the following proportions:

Approved, February 19, 1808.

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An Act making additional compensation to the Marshals for the Districts of North Carolina and New Jersey.

Be it enacted, &c., That, from and after the last day of March next, there shall be paid annually to the Marshal for the district of North Carolina, the sum of four hundred dollars; to the Marshal for the district of New Jersey, the sum of two hundred dollars, in addition to the fees and emoluments heretofore allowed them by law. Approved, February 25, 1808.

To the Ottawa nation, three thousand three hundred and thirty-three dollars thirty-three cents An Act extending the right of suffrage in the Indiana and four mills.

To the Chippewa nation, three thousand three hundred thirty-three dollars thirty-three cents and four mills.

To the Wyandotte nation, one thousand six hundred and sixty-six dollars sixty-six cents and six mills.

To the Pottawatamie nation, one thousand six hundred and sixty-six dollars sixty-six cents and six mills; and the further annual sum of two thousand four hundred dollars, to be paid to the said nati ons in the following proportions:

To the Ottawas, eight hundred dollars.
To the Chippewas, eight hundred dollars.

To the Wyandottes, eight hundred dollars; and to such of the Pottawatamies as now reside on the river Huron of Lake Erie, the river Raisin, and in the vicinity of the said rivers, four hundred dollars.

SEC. 3. And be it further enacted, That the several sums appropriated by this act shall be

Territory.

Be it enacted, &c., That every free white male person in the Indiana Territory, above the age of United States, and resident in the said Territory, twenty-one years, having been a citizen of the one year next preceding an election of Represensentatives, and who has a legal or equitable title who may become the purchaser from the United to a tract of land of the quantity of fifty acres, or States of a tract of land of the quantity of fifty acres, or who holds in his own right a town lot of the value of one hundred dollars, shall be entitled to vote for Representatives to the General Assembly of the said Territory.

Approved, February 26, 1808.

An Act supplementary to the act entitled "An act to prohibit the importation of certain goods, wares, and merchandise."

Be it enacted, &c., That nothing in the act to paid out of any moneys in the Treasury not other-which this is a supplement shall be so construed wise appropriated.

Approved, February 19, 1808.

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as to prohibit the importation of the following articles, that is to say:

First. Wrappers and outside packages, in which goods, the importation of which is not prohibited, usually are and shall be wrapped or packed, at the time of their importation:

Second. Bags or sacks in which salt shall be imported:

Third. Glass bottles or phials in which drugs,

Public Acts of Congress.

Military Establishment of the United States, for the year one thousand eight hundred and eight.

medicines, or any other article, the importation of An Act making appropriations for the support of the which is not prohibited, shall be imported : Fourth. Printed books, maps, and charts: Fifth. Watches, tradesmen's and artificers' tools; Be it enacted, &c., That for defraying the exmathematical, astronomical, and surgical instru- pense of the Military Establishment of the Uniments; gilt buttons, locks, and all other articles ted States, for the year one thousand eight hunmanufactured partly of brass and partly of any dred and eight, for the Indian Department, and other metal: for the expense of fortifications, arsenals, magaSixth. Shalloons and woollen stuffs, muskets,zines, and armories, the following sums be, and bayonets, swords, cutlasses, and pistols. the same hereby are, respectively appropriated; that is to say.

SEC. 2. And be it further enacted, That the articles of the following description shall be held For the pay of the Army of the United States, and considered as being embraced by the descrip-three hundred and two thousand nine hundred tion of articles, the importation of which is pro-and fifty-two dollars. hibited by the act to which this act is a supplement, that is to say:

All articles manufactured entirely of silk and wool, or of silk and flax, or of flax and wool; floor-cloths, woollen cassimeres, carpets, carpeting, and mats, whose invoice prices shall exceed five shillings sterling per square yard.

SEC. 3. And be it further enacted, That no articles imported on board any vessel of the United States, cleared out before the fourteenth day of December last, from any port within the United States, or the Territories thereof, shall be subject to the prohibition enacted by the act to which this act is a supplement: Provided, That such vessels which may have cleared for any port beyond the Cape of Good Hope, shall return to some port in the United States, or its Territories, within twelve months: And provided, That such vessels as shall have cleared from any other port shall return as aforesaid within six months from the said fourteenth day of December. Approved, February 27, 1808.

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For forage, four thousand six hundred and eight dollars.

For the subsistence of the Army and corps of engineers, two hundred and forty-two thousand five hundred and forty-eight dollars and thirtyfive cents.

For clothing, eighty-five thousand dollars. For bounties and premiums, fifteen thousand dollars.

For the medical and hospital departments, fifteen thousand dollars.

For camp equipage, fuel, tools, and transportation, ninety thousand dollars.

For fortifications, arsenals, magazines, and armories, two hundred and eighteen thousand six hundred and forty-two dollars and five cents.

For purchasing maps, plans, books, and instruments, fifteen hundred dollars.

For contingencies, eighteen thousand dollars:
For ordnance, forty-five thousand dollars.
For tents, twenty thousand dollars.
For extra transportation of military stores,
twenty-five thousand dollars.

For the Indian Department, one hundred and

An Act making further provision for the disposal of forty thousand six hundred dollars.

the sections of land heretofore reserved for the future disposition of Congress.

SEC. 2. And be it further enacted, That the several sums herein specifically appropriated, shall be paid out of any moneys in the Treasury not otherwise appropriated.

Approved, March 3, 1808.

An Act to allow the importation of old copper, saltpetre, and sulphur, free of duty.

Be it enacted, &c., That all the sections of land heretofore reserved for the future disposition of Congress, not sold or otherwise disposed of, and lying within either of the districts established for the disposition of public lands in the State of Ohio, with the exception of the section numbered sixteen, of the salt springs, and lands reserved for the use of the same, shall be offered for sale in Be it enacted, &c., That, from and after the that district within which such reserved sections thirty-first day of March next, no duty shall be may respectively lie, on the same terms, and un- demanded or collected on the importation of old der the same regulations, as other lands in the copper, which term shall apply only to such copsame district: Provided, That such sections shall per manufactures as have been worn out or otherpreviously be offered to the highest bidder, at pub-wise so damaged as to be unfit for any other pur lic sales, to be held under the superintendence of pose than that of supplying a raw material, to be the registers and receivers of public moneys of the manufactured anew. And it shall be lawful for land offices, respectively, to which they are at the collector of the port or district in which such tached, on the same terms as have been provided old copper shall arrive, should any doubt arise by law for the public sales of the other lands of the whether such importation comes within the inUnited States, and on such day or days as shall, tent and meaning of this act, to appoint one per by a proclamation of the President of the United son, and the owner, importer, or consignee, to States, be designated for that purpose. And pro-appoint another, who shali ascertain whether the vided, also, That no such heretofore reserved section shall be sold, either at public or private sale, at a less price than four dollars per acre. Approved, February 29, 1808.

copper imported comes under the denomination of old copper, as above described; and the proceedings in this instance shall be conducted in the like manner and form as the proceedings are

Public Acts of Congress.

directed to be had by the fifty-second section of the act passed the second of March, one thousand seven hundred and ninety-nine, regulating the collection of duties on imports and tonnage, in cases of incomplete entry, or of damage sustained by goods, wares, and merchandise, during the voyage.

SEC. 2. And be it further enacted, That, from and after the said thirty-first day of March next, no duty shall be demanded or collected on the importation of saltpetre or sulphur. Approved, March 4, 1808.

An Act in further addition to an act entitled "An act to amend the Judicial System of the United States." Be it enacted, &c., That the Circuit Court of the United States, in the second circuit, shall consist of the Justice of the Supreme Court residing within said circuit, and the district judge of the district in which such court may be holden.

SEC. 2. And be it further enacted, That within the district of Georgia, the Circuit Court to be holden in the month of December, annually, shall hereafter be holden at Milledgeville instead of Louisville.

scribed articles, which either have been reexported. or are not entitled to be exported with benefit of drawback, nor to any which have been, or will be, sold by the importer.

SEC. 2. And be it further enacted, That the persons entitled to the extension of credit, allowed by the preceding section, shall, in order to enjoy its benefit, take up, or have cancelled, the bonds heretofore given for duties, on which the extension of credit is allowed, and give to the collector new bonds, with one or more sureties, to the satisfaction of said collector, for the sums of their former bonds respectively, payable whenever the act entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," shall no longer be in force: which bonds shall be accepted by the collectors respectively, upon the terms following, that is to say; the goods for the duties whereon such bonds shall be accepted shall be deposited at the expense and risk of the importer or importers, parties to the said bonds, in one or more store-house or storehouses, in the same manner as is now provided for the deposite of teas, by the sixty-second section of the act, entitled "An act to regulate the collection of duties on imports and tonnage," but no delivery SEC. 3. And be it further enacted, That instead of the said goods, or of part thereof, shall be made of the times heretofore established by law for hold- to the owners thereof, unless the duties on so much ing the fall terms of the district court for the dis- thereof as may, on the application of the owners, trict of North Carolina, the same be commenced be thus delivered, shall have been paid. And and holden in future on the following days; that whenever the sum specified in any of the bonds is to say at Wilmington, in and for the district taken by virtue of this section shall become due of Cape Fear, on the third Monday of October; and remain unpaid more than forty-five days, so at Newbern, in and for the district of Pamptico, much of the said deposited goods as may be neon the Friday next after the third Monday of cessary shall be sold by the collector at public sale, October, and at Edenton, in and for the district of and the proceeds thereof, after deducting the charAlbemarle, on the first Tuesday which shall fol- ges of safe-keeping and sale thereof, shall be aplow the Friday next after the third Monday of plied to the payment of such sum, rendering the October, annually. And that all actions, suits, overplus arising on such sale and the residue of writs, process, pleadings, and other proceedings the goods so deposited, if any there be, to the percommenced, or to be commenced, or which shall son or persons by whom such a deposite shall have be now pending in any of the district courts of been made, or to his or their agent or lawful repthe district of North Carolina, for the terms afore- resentative. But if the proceeds of such sale said, shall be continued over and have day accord- shall not be sufficient to pay the duties and charing to the alterations hereby made and estab-ges, or if any of the goods shall, while deposilished, anything in any former act or acts to the contrary notwithstanding.

Approved, March 9, 1808.

ted, be destroyed, stolen, lost, or damaged, the bond taken by virtue of this section, for the payment of duties on such goods, shall be proceeded with, in all respects, as other bonds taken by collectors for duties due to the United States.

An Act for extending the terms of credit on revenue SEC. 3. And be it further enacted, That whenbonds, in certain cases, and for other purposes. ever any goods, wares, or merchandise, which, Be it enacted, &c., That the payment of all being entitled to be exported with benefit of bonds given for duties on the importation of coffee, drawback, had, prior to the twenty-second day of sugar, pepper, indigo, cocoa, and wine, paying a December last, been actually laden on board a duty of twenty-three cents per gallon, which re- vessel, and inspected under the superintendence of main unpaid at the passing of this act, and have a proper officer, in conformity with the provisions or may become due, subsequent to the twenty- of the seventy-sixth section of the act, entitled second of December last, and whilst the act en- "An act to regulate the collection of duties on titled "An act laying an embargo on all ships and imports and tonnage," have been detained under vessels in the ports and harbors of the United the act laying an embargo on all ships and vessels States," shall continue in force, may be suspend- in the ports and harbors of the United States, so ed during the continuance of the said act, on the as to prevent the actual exportation of such goods, terms and conditions hereinafter provided: Pro- wares, and merchandise, the payment of bonds vided, That such extension of credit shall not ap- given for duties on the importation of the same, ply to the duties due for any of the above de-may, to an amount equal to that of such duties

Public Acts of Congress.

and no farther. be suspended during the continuance of the last mentioned act, in the same manner, and on the same terms and conditions, as is provided by the preceding section for bonds given for duties on certain specified articles: Provided, That the owners of such goods, wares, and merchandise, shall surrender any debentures which previously have been granted for the drawback of duties on the same.

lowed to depart from any port of the United States, or shall receive a clearance; nor shall any foreign vessel be allowed to depart from any port of the United States, with a cargo destined for another port of the United States, or shall receive a clearance for that purpose, until the owner or owners, consignee, or factors, of such American or foreign vessel, shall, with the master, give bond with one or more sureties, to the United States, in case of a vessel owned by citizens of the United States, in a sum double the value of the vessel and cargo, and in that of a foreign vessel four times the not proceed to any foreign port or place, and that the cargo shall be relanded in some port of the United States: Provided, That it shall be lawful and sufficient, in the case of any such American vessel. whose employment has uniformly been confined to rivers, bays, sounds, and lakes, within the jurisdiction of the United States, to give bond, in an amount equal to two hundred dollars for each ton of said vessel, with condition that such vessel shall not be employed in any foreign trade during the time limited in the condition of the bond.

SEC. 4. And be it further enacted, That the persons entitled to the extension of credit allowed by the next preceding section, may, at their option, either deposite the goods, wares, and merchan-value of the vessel and cargo, that the vessel shall dise, in a store-house or store-houses, or leave the same on board the vessel on which the same have been laden; the said goods, wares, and merchandise, being in either case secured in the same manner as is provided for goods deposited in conformity with the second section of this act: Provided, always, That whenever it may be lawful to export such goods, wares, or merchandise, it shall be necessary that the same should again be inspected by a proper officer on board the vessel in which the same shall be exported, in order to entitle the exporter to the benefit of drawback; nor shall any debentures for drawback of duties on such goods, wares, and merchandise, be issued or paid, until after the actual exportation of the same: And provided, also, That nothing herein contained shall be construed to prevent the owners of such goods, wares, and merchandise, who may not claim the extension of credit allowed by this act, and who have not received debentures for the drawback of duties on the same, from landing and keeping in their possession any such goods, wares, and merchandise.

Approved, March 10, 1808.

SEC. 2. And be it further enacted, That no bond shall be required of boats not masted, or, if masted, not being decked, whose employment has been, and shall continue to be, confined to rivers, bays, and sounds, within the jurisdiction of the United States, and lying within districts which are not adjacent to the territories, colonies, or provinces of a foreign nation, whether such boats be licensed or not, and unless, in the opinion of the Secretary of the Treasury, such bond be necessary; and in case the Secretary shall deem such bond necessary, it shall be lawful and sufficient for the owner of the boat, to give bond, in an amount equal to thirty dollars for each ton of said

An Act procuring an additional number of arms, and boat, with condition that such boat shall not be

employed in any foreign trade during the continuance of the act entitled "An act laying an embargo on all ships and vessels in the ports and

harbors of the United States."

for the purchase of saltpetre and sulphur. Be it enacted, &c., That a sum of money, not exceeding three hundred thousand dollars, be, and the same is hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, for the SEC. 3. And be it further enacted. That in purpose of procuring by purchase, or causing to every case where bond hath been or shall be givbe manufactured within the United States, anden to the United States under this act, or under under the direction of the President of the United States, an additional number of stands of arms, to be deposited in safe and suitable places. And for the purchase of saltpetre and sulphur, a sum not exceeding one hundred and fifty thousand

dollars.

Approved, March 11, 1808.

An Act in addition to the act, entitled "An act supplementary to the act entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States."

Be it enacted, &c., That, during the continuance of the act entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," no ship, vessel, or boat, of any description whatever, owned by citizens of the United States, and which is neither registered, licensed, nor possessed of a sea-letter, shall be al

the act entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," or under the act supplementary to the last mentioned act, with condition that cer

tain goods, wares, and merchandise, or the cargo

of a vessel, shall be relanded in some port of the United States; the party or parties to such bond shall, within four months after the date of the same, 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 such suit judgmeat shall be given against the defendant or defendants, unless proof shall be produced of such relanding, or of loss by sea, or other unavoidable accident.

SEC. 4. And be it further enacted, That it shall not be lawful to export from the United

Public Acts of Congress.

States, in any manner whatever, any goods, wares, or merchandise, of foreign or domestic growth or manufacture; and if any goods, wares, or merchandise, shall, during the continuance of the act entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," and of the act supplementary to the last mentioned act, contrary to the prohibitions of this act, be exported from the United States, either by land or water, the vessel, boat, raft, cart, wagon, sleigh, or other carriage, in which the same shall have been exported, shall, together with the tackle, apparel, horses, mules, and oxen, be forfeited, and the owner or owners of such goods, wares, or merchandise, and every other person knowingly concerned in such prohibited exportation, shall each, respectively, forfeit and pay a sum not exceeding ten thousand dollars for every such offence: Provided, however, That nothing in this section contained shall be construed to prevent foreign vessels from departing from the ports of the United States with the cargo or cargoes which may be on board of the same, when notified of the act laying an embargo on all ships and vessels in the ports and harbors of the United States, in conformity with the provisions of the said act, nor to take away any power conferred on the President by the last mentioned act, nor to prevent foreign vessels from furnishing themselves with necessary provisions and sea-stores for the voyage, nor fishing vessels from departing with sea-stores, salt, and their usual fishing tackle and apparel, in the manner prescribed by the act supplementary to the aforesaid act.

SEC. 5. And be it further enacted, That on the return into the United States of any fishing vessel, such as is described by the second section of the act, supplementary to the act entitled "An act laying an embargo on all ships and vessels in the ports and harbors of the United States," which shall have sailed subsequent to the passage of the last mentioned acts, it shall be the duty of the master and mate to declare on oath or affirmation, before the collector, whether any part of the fish ing fare has been sold during the voyage, and in default of taking such oath or affirmation, the master and mate shall each respectively forfeit and pay one hundred dollars: Provided, That the aforesaid oath or affirmation may be dispensed with so far as relates to the fishery on our own coasts in the customary small vessels.

SEC. 6. And be it further enacted, That all penalties and forfeitures incurred by force of this act, shall be sued for, recovered, distributed, and accounted for, in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage," passed the second day of March, one thousand seven hundred and ninety-nine, and may be mitigated or remitted in the manner prescribed by the act entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities accruing in certain cases therein mentioned," passed the third of March, one thousand seven hundred and ninetyseven, and made perpetual by an act passed the

eleventh of February, one thousand eight hundred.

SEC. 7. And be it further enacted. That the President of the United States be, and he is hereby, authorized, if he shall be satisfied by a statement or account current, on oath or affirmation, of any citizen or citizens of the United States, and such other proof as the nature of the case will admit, or the President may require, that such citizen or citizens have property of value in any port or place without the jurisdiction of the United States, arising from property actually without such jurisdiction, prior to the twenty-second day of December last, to grant, on application, permission to such citizen or citizens, to despatch a vessel in ballast to such port or place, for the purpose of importing into the United States such property: Provided, That bond with sufficient security be given to the United States, under the direction of the Secretary of the Treasury, in such a sum as he shall deem necessary, with the following conditions, to wit: that such vessels shall not export from the United States any specie or any goods, wares, or merchandise, of foreign or domestic growth or manufacture, necessary provisions and stores excepted, that she shall return (reasonable time being allowed for performing the voyage) to the United States with such property, and that she shall not, during the voyage, either directly or indirectly, be engaged in any traffic, freighting, or other employment, and that no goods, wares, or merchandise, shall be imported in such vessel other than the property for which such vessel shall obtain such permission, or the proceeds of property shipped bona fide by a citizen or citizens of the United States prior to the said twenty-second day of December last: And provided, also, That the bond herein directed to be taken shall not be cancelled, unless the Secretary of the Treasury he satisfied, either by the oath of the party or parties to the same, or such other proof as the nature of the case will admit, that the conditions of the said bond have been complied with: And provided, further, That the owner or owners, factor or agent, master and mate of such vessel, shall, on her return to the United States, make oath or affirmation that such vessel hath not, to the best of their knowledge and belief, dubeen granted, either directly or indirectly been ring the voyage for which such permission had employed in any act contrary to the tenor of such bond.

Approved, March 12, 1808.

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An Act remitting the duties payable on the importation of a monument to be erected in memory of the officers of the United States Navy, who fell during the attack made on the city of Tripoli, in the year one thousand eight hundred and four.

Be it enacted, &c., That the duties payable according to law, on the importation of a monument imported in the frigate Constitution, from Italy, on account of the officers of the United States' Navy, be, and they are hereby, remitted. Approved, March 13, 1808.

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