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ACTS OF THE ELEVENTH CONGRESS

OF

THE UNITED STATES:

Passed at the first session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the 22d of May, 1809, and ended on the 28th of June, in the same year.

JAMES MADISON, President. GEORGE CLINTON, Vice President, and President of the Senate. ANDREW GREGG, President of the Senate, pro tempore, on the 28th of June. J. B. VARNUM, Speaker of the House of Representatives.

Obsolete.

Vessels own

of a foreign

which com

of domestic or

CHAP. [1.] An act respecting the ships or vessels owned by citizens or subjects of foreign nations with which commercial intercourse is permitted.

1. Be it enacted, &c. That, from and after the passing of ed by subjects this act, all ships or vessels owned by citizens or subjects of any nation with foreign nation with which commercial intercourse is permitted mercial inter- by the act, entitled "An act to interdict the commercial intercourse is per- course between the United States and Great Britain and France, mitted allowed to take on and their dependencies, and for other purposes," be permitted board cargoes to take on board cargoes of domestic or foreign produce, and to depart with the same for any foreign port or place with which such intercourse is, or shall, at the time of their departure, reas provided, spectively, be thus permitted, in the same manner, and on the same conditions, as is provided by the act aforesaid, for vessels owned by citizens of the United States; anything in the said act, or in the act laying an embargo on all ships and vessels in the ports and harbors of the United States, or in any of the several acts supplementary thereto, to the contrary notwithstanding. [Approved, May 30, 1809.]

foreign produce, in the

same manner

&c.

Vol.ii. p. 1807. CHAP. [4.] An act supplementary to an act, entitled "An act making appropriations for carrying into effect a treaty between the United States and the Chickasaw tribe of Indians; and to establish a land office in the Mississippi territory."

So much of

'the lands ceded by the

Indians, as

1. Be it enacted, &c. That so much of the lands ceded to Cherokee and the United States by the Cherokee and Chickasaw Indians, as Chickasaw lies within the Mississippi territory, and for which a land office lies within the was directed to be established by the second section of the act Mississippi to which this act is a supplement, shall, with the exception of with the ex- section number sixteen in each township, which shall be reservception of No. 16, to be offered for the use of schools within the same, and with the exceped for sale to tion of the salt springs and lands contiguous thereto, which, by

territory, &c.

The sales to remain open

direction of the president of the United States, may be reserved the highest for the future disposal of the said United States, be offered for bidder, &c. sale to the highest bidder, under the direction of the register of the land office, and of the receiver of public moneys at the place where the land office is established, and on the day or days which shall have been designated by proclamation of the president of the United States for that purpose; the sales shall remain open for six weeks, and no longer; the lands shall not six weeks, &c. be sold for less than two dollars an acre, and shall be sold in tracts of the same size, and, in all respects, on the same terms and conditions, as have been, or may be, by law, provided for the sale of the other public lands in the Mississippi territory. All the lands of the United States in the said district, with the exceptions above mentioned, remaining unsold at the close of sold, with the the public sales, may be disposed of at private sale, by the re- mentioned, gister of the land office, in the same manner, under the same re- may be disgulations, for the same price, and on the same terms and con- private sale. ditions, as are or may be provided, by law, for the sale of the Vol. ii, p. 893. lands of the United States in the Mississippi territory; and patents shall be obtained for lands sold in said district, in the same manner, and on the same terms, as are provided by law for other public lands sold in the Mississippi territory.

2. That the superintendents of the public sales directed by this act, shall, each, receive six dollars a day, for every day's attendance on the said sales. [Approved, June 15, 1809.]

Lands re

maining un

exceptions

posed of at

Superintendsales to re

ents of public

ceive, &c.

CHAP. [5.] An act to continue force" An act, declaring the assent of congress to a certain Obsolete. act of the state of South Carolina, passed the twenty-first of December, one thousand Vol. ii. p. 990. eight hundred and four."

The act de

an act of the

Carolina, au

1. Be it enacted, &c. That the act of the twenty-eighth of claring the March, one thousand eight hundred and six, entitled "An act consent of declaring the consent of congress to an act of the state of South Congress to Carolina, passed on the twenty-first day of December, one thous- state of South and eight hundred and four, so far as the same relates to author- thorizing the izing the city council of Charleston to impose and collect a duty city council of on the tonnage of vessels from foreign ports," be, and the same collect a duty, is hereby, continued in force from the passage of this act, for five &c. continuyears, and thence to the end of the next session of congress thereafter, and no longer. [Approved, June 15, 1809.]

CHAP. [7.] An act to fix the time for the next meeting of congress.

[This act provides that the next meeting of congress shall take place on the fourth Monday of November, 1809. Approved, June 24, 1800.]

Charleston to

ed, &c.

Obsolete.

CHAP. [9.] An act to amend and continue in force certain parts of the act, entitled "An act Obsolete. to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes."

1. Be it enacted, &c. That the third, fourth, fifth, sixth, se- The 3d, 4th, venth, eighth, ninth, tenth, eleventh, seventeenth, and eighteenth, 5th, 6th, 7th, sections of the act, entitled "An act to interdict the commercial 8th, 9th, 10th, 11th, 17th, and intercourse between the United States and Great Britain and 18th sec

commercial

intercourse

tions, of the act France, and their dependencies, and for other purposes," shall. to interdict continue in force until the end of the next session of congress : Provided, That nothing therein contained shall be construed to U. States and prohibit any trade or commercial intercourse which has been, or France and may be, permitted in conformity with the provisions of the eleventh section of the said act.

between the

G. Britain, continued.

All acts re

act to interdict

&c. to remain

repealed.

infraction of

§ 2. That all acts repealed, or mentioned, or intended to be, pealed by the repealed by the said act to interdict commercial intercourse becommercial tween the United States and Great Britain and France, and their intercourse, dependencies, shall be and remain repealed, notwithstanding any part of the same act which has been, or may hereafter be, revoked or annulled, or which may expire by its own limitation: ProProviso; all vided, That all the penalties and forfeitures which may have been penalties and forfeitures in incurred, or shall hereafter be incurred, on account of any incurred on ac- fraction of the act laying an embargo on all ships and vessels in count of any the ports and harbors of the United States, or of any of the acts the act laying supplementary thereto, or of the " Act to enforce and make more an embargo, effectual an act, entitled "An act laying an embargo on all ships covered and and vessels in the ports and harbors of the United States," or of if the acts had any of the provisions of the act to interdict the commercial incontinued in tercourse between the United States and Great Britain and force. France, and their dependencies, and for other purposes, shall, after the expiration of any of the said acts, or of any provision thereof, be recovered and distributed in like manner as if the said acts and every provision thereof had continued in full force and virtue.

&c. to be re

distributed as

interdicted

foreign port.

No vessel bound to a place with

mercial inter

part, unless

No vessel ex- 3. That, during the continuance of this act, no ship or vescept those em- sel, except such as may be chartered or employed for the public public service, service by the president of the United States, shall be permitted permitted to depart for any to depart for any foreign port or place with which commercial intercourse has not been, or may not be, permitted by virtue of this act, or of the act to interdict the commercial intercourse between the United States, and Great Britain and France, and their dependencies, and for other purposes. And no ship or vessel, bound to a foreign port or place with which commercial inwhich com- tercourse has been, or may be, thus permitted, except such as course is al- may be chartered or employed as aforesaid, shall be allowed to lowed, to de- depart, unless the owner or owners, consignee, or factor, of such bond be given ship or vessel shall, with the master, have given bond, with one not to proceed or more sureties, to the United States, in a sum double the value of the vessel and cargo, that the vessel shall not proceed to any port or place with which commercial intercourse is not thus permitted, nor be directly or indirectly engaged, during Vessels depar- the voyage, in any trade with such port or place. And if any ting contrary ship or vessel shall, contrary to the provisions of this section, desions of this part from any port of the United States, without clearance, or section, together with their Without having given bond, in the manner above mentioned, such cargoes, for- ship or vessel, together with her cargo, shall be wholly forfeited, feited, and owners, &c. to and the owner or owners, agent, freighter, or factors, master, or commander, of such ship or vessel, shall, moreover, severally, forfeit and pay a sum equal to the value of the ship or vessel, and of the cargo put on board the same: Provided always, That the provisions of the eleventh section of the act to interdict the com

to any inter

dicted port.

to the provi

pay a sum equal to the value of ves

sels and ear

goes.

Proviso, &c.

mercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes, shall extend to the prohibitions imposed by this section; which prohibitions shall cease to operate in the manner, and under the limitations, prescribed by the eleventh section aforesaid, in relation to any nation with which commercial intercourse may hereafter be permitted, in conformity with the provisions of the eleventh section aforesaid.

§4. That all penalties and forfeitures arising under, or incurred by, virtue of this act, shall, during the continunace, and after the expiration thereof, be recovered and distributed, and may be remitted or mitigated, in the manner prescribed by the act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies, and for other purposes, and the acts therein referred to.

5. That all the vessels which may have arrived at any port or place within the United States from Great Britain, her colonies, or dependencies, between the twentieth day of May and the eleventh of June, one thousand eight hundred and nine, shall be exempted from all the forfeitures and penalties incurred in consequence of any violation of any of the provisions of the said act to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies. [Approved, June 28, 1809.]

The penalties, &c. incurred this act, to be recovered and distributed, &c. as prescribed by the

by virtue of

acts referred to.

arrived from

Vessels which Great Britain, &c. between the 20th May and 11th June, 1609, exemptures, &c.

ed from forfeit

CHAP. [10.] An act supplementary to the act, entitled "An act making further provision for Vol. i. p. 400. the support of public credit, and for the redemption of the public debt."

commission

ers of the sinking fund, by

of the act re

§ 1. Be it enacted, &c. That the powers vested in the commis- The powers sioners of the sinking fund, by the tenth section of the act to which this act is a supplement, shall extend to all the cases of reimbursement of any instalments, or parts of the capital, or principal, of the public debt now existing, which may become payable according to law. And in every case in which a loan may be made accordingly, it shall be lawful for such loan to be made of the bank of the United States, any thing in any act of congress to the contrary notwithstanding. [Approved, June 28, 1809.]

CHAP. [17.] An act concerning the naval establishment.

the 10th sec. ferred to, to extend, &c. Loan may be bank of the U. States,

made of the

Obsolete.

&c.

authorized to

1. Be it enacted, &c. That the president of the United States, The president in the event of a favorable change in our foreign relations, be, cause the puband he is hereby, authorized to cause to be discharged from ac- lic armed vestual service, and laid up in ordinary, such of the frigates and pub- sels, &c. to be lic armed vessels as, in his judgment, a due regard to the public security and interest will permit.

laid up, &c.

of the act re

§ 2. That so much of the first section of an act, entitled "An so much of act to authorize the employment of an additional naval force," the first sec. passed at the last session of congress, as requires the public arm-ferred to, as ed vessels to be stationed at such ports and places on the sea requires, &c. repealed. coast, or to cruise on the sea coast, of the United States, and territories thereof, be, and the same is hereby, repealed. [Approved, June 28, 1809.]

VOL. II.

122

ACTS OF THE ELEVENTH CONGRESS

OF

THE UNITED STATES:

Passed at the second session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the 27th of November, 1809, and ended on the 1st of May,

1810.

JAMES MADISON, President. GEORGE CLINTON, Vice President, and President of the Senate. ANDREW GREGG, President of the Senate, pro tempore, from the 9th to the 19th of December. JOHN GAILLARD, President, of the Senate, pro tempore, on the 2d of March, and from the 20th of April to the 1st of May. J. B. VARNUM, Speaker of the House of Representatives.

Vol.ii.p.1112. CHAP. [19.] An act supplemental to an act, entitled "An act extending the right of suffrage in the Indiana territory, and for other purposes."

The governor of Indiana ter

$1. Be it enacted, &c. That the governor of the Indiana territory empow-ritory for the time being, be, and he is hereby, authorized and ered to appor- empowered to apportion the representatives among the several tion the repre- counties in said territory as he shall think proper, having regard

sentatives

among the se- to the numbers limited in the fourth section of the act to which veral counties, &c. this is a supplement, and to issue his writ for the election of such representatives, agreeably to the apportionment which he may make, at such time as he shall deem most convenient for the citizens of the several counties in said territory.

presentatives

Number of re- § 2. That so soon as the legislature of said territory shall be to be regulated convened, the number of representatives in each county thereof by the general shall be regulated by the general assembly.

assembly, &c.

When a va

tive council,

§ 3. That when any vacancy shall occur in the legislative cancy occurs council, by death, resignation, or removal from office, or when, in the legisla- from either of said causes, there shall be no delegate from said territory to the congress of the United States, the governor shall, in either case, be authorized to issue his proclamation, directing an election to be held to supply such vacancy, according to law. [Approved, December 15, 1809.]

&c.

1317.

The secretary

rized to issue

Vol. ii. p. 1083, CHAP. [20.] An act extending the time for issuing and locating military land warrants. § 1. Be it enacted, &c. That the secretary of war be authorof war authorized to issue military land warrants, to such persons as have or military land shall, before the first day of March, one thousand eight hundred and thirteen, produce to him satisfactory evidence of the validity of their claims; which warrants, with those heretofore issued and not yet satisfied, shall and may be located in the names of

warrants.

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