Page images
PDF
EPUB

judge of the district in which such invalid resides, or before some person specially authorized by commission from the said judge.

Evidence, before whom to be taken.

Nature of the

Secondly. The evidence relative to any claimant, must prove decisive disability to have been the effect of known wounds received while in evidence. the actual line of his duty, in the service of the United States, during the revolutionary war: that this evidence must be the affidavits of the commanding officer or surgeon of the ship, regiment, corps, or company in which such claimant served, or two other credible witnesses to the same effect, setting forth the time and place of such known wound.

Nature of the

Thirdly. Every claimant shall be examined on oath or affirmation, by some respectable physician or surgeon, to be authorized by commission disability. from the said judge, who shall report in writing his opinion, upon oath or affirmation, of the nature of said disability, and in what degree it prevents the claimant from obtaining his livelihood.

Requisite time of service.

Cause of de

ferring the ap-
plication to be
stated.
Copies of the
evidence, &c. to
claimants.
be given to the

Fourthly. Every claimant must produce evidence of his having continued in the service of the United States, to the conclusion of the war in seventeen hundred and eighty-three, or being left out of the service in consequence of his disability, or in consequence of some derangement of the army, and of the mode of life or employment he has since followed, and of the original existence and continuance of his disability. Fifthly. Every claimant must show satisfactory cause to the said judge of the district, why he did not apply for a pension in conformity to laws heretofore passed, before the expiration of the limitation thereof. SEC. 2. And be it further enacted, That the said judge of the district or person by him commissioned as aforesaid, shall give to each claimant a transcript of the evidence and proceedings had, respecting his claim; and shall also transmit a list of such claims, accompanied by the evidence herein directed, to the secretary of the department of war, in order that the same may be examined, and if correct, agreeably to the intent and meaning of this act, the said applicants are thenceforth to be be placed on the placed on the pension list of the United States: Provided, that in no case a pension shall commence before the first day of January, eighteen hundred and three, except so far as to offset the commutation of half pay received by such officer, in which case the proper officer is to calculate the pension from the first day of January, seventeen hundred and eighty-four.

Who are to

pension list. Proviso.

Estimation of

SEC. 3. And be it further enacted, That the pensions allowed by this act shall be estimated in the manner following, that is to say: a full the pensions. pension to a commissioned officer shall be considered the one half of his monthly pay as by law established, and the proportions less than a full pension shall be the like proportions of half pay. And a full pension to a non-commissioned officer, private soldier, or seaman, shall be five dollars per month, and the proportions less than a full pension, shall be the like proportions of five dollars per month, but no pension of a commissioned officer shall be calculated at a higher rate than the half pay of a lieutenant-colonel.

Pensioners to

manner of for

mer ones.

SEC. 4. And be it further enacted, That the pensioners becoming such in virtue of this act, shall be paid in the same manner as invalid be paid in the pensioners are paid, who have heretofore been placed on the pension list of the United States, under such restrictions and regulations, in all respects, as are prescribed by the laws of the United States, in such cases provided.

APPROVED, March 3, 1803.

STATUTE II.

CHAP. XXXIX.-An Act authorizing the transfer of the duties of Supervisor to March 3, 1803.

any other office.

[Obsolete.] Duties of su

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the pervisor to be

[blocks in formation]

March 3, 1803. Act of 1802, ch. 31. Act of March 9, 1808, ch. 29.

The circuit

court shall con

sist of the justice of the supreme court

residing in the

circuit, and the district judge where the court sits.

In the third

circuit it shall consist of the senior associate justice, &c. Appeals from final judgments when the value

in dispute ex

ceeds fifty dol. lars from the dis

trict court to the circuit court.

Appeals from the circuit court to the supreme matter in dis

court where the

pute exceeds 2000 dollars. Proceedings to be transmit

ted to the su

preme court.

No new evidence to be received in the supreme court, ex

cept in admi

ralty and prize

causes.

19th and 22d

sections of the act of 24th Sept. 1789, ch. 20, so far as affected by this act, repealed.

United States be, and he hereby is authorized to attach the duties of the office of supervisor in any district to any other officer of the government of the United States, within such district, who shall give bond for the performance of the duties imposed on him by this act, in the same manner and under the same penalties, as were heretofore provided in the case of supervisors.

SEC. 2. And be it further enacted, That for the discharge of the duties of supervisor, which may be thus attached to another office, by virtue of this act, there shall be allowed to the officer exercising the same, the commissions to which the supervisor is now entitled by law, together with such sum for clerk hire, not exceeding the allowance fixed by law for the supervisor, and such salary not exceeding two hundred and fifty dollars per annum, as the President of the United States shall deem a sufficient compensation.

APPROVED, March 3, 1803.

CHAP. XL.—An Act in addition to an act intituled "An act to amend the judicial system of the United States."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the circuit court of the second circuit shall consist of the justice of the supreme court residing within the third circuit, and the district judge of the district where such court shall be holden.

In the third circuit, the said circuit court shall consist of the senior associate justice of the supreme court residing within the fifth circuit, and the district judge of the district where such court shall be holden. SEC. 2. And be it further enacted, That from all final judgments or decrees in any of the district courts of the United States, an appeal, where the matter in dispute, exclusive of costs, shall exceed the sum or value of fifty dollars, shall be allowed to the circuit court next to be holden in the district where such final judgment or judgments, decree or decrees, may be rendered; and the circuit court or courts are hereby authorized and required to receive, hear and determine such appeal; and that from all final judgments or decrees rendered or to be rendered in any circuit court, or in any district court acting as a circuit court, in any cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize, an appeal where the matter in dispute, exclusive of costs, shall exceed the sum or value of two thousand dollars, shall be allowed to the supreme court of the United States, and that upon such appeal, a transcript of the libel, bill, answer, depositions, and all other proceedings of what kind soever in the cause, shall be transmitted to the said supreme court; and that no new evidence shall be received in the said court, on the hearing of such appeal, except in admiralty and prize causes, and that such appeals shall be subject to the same rules, regulations and restrictions as are prescribed in law in case of writs of error; and that the said supreme court shall be, and hereby is authorized and required to receive, hear and determine such appeals. And that so much of the nineteenth and twenty-second sections of the act of Congress, intituled "An act to establish the judicial courts of the United States," passed on the twenty-fourth day of September, one thousand seven hundred and eighty-nine, as comes within the purview of this act, shall be and the same is hereby repealed.

APPROVED, March 3, 1803.

ACTS OF THE EIGHTH 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 seventeenth day of October, 1803, and ended on the twenty-seventh day of March, 1804.

THOMAS JEFFERSON, President; AARON BURR, Vice President of the United States and President of the Senate; JOHN BROWN, President of the Senate pro tempore, from the 31st of October to the 19th of December, 1803, and from the 26th of January to the 25th of February, 1804; JESSE FRANKLIN, President of the Senate pro tempore, from the 14th of March, 1804; NATHANIEL MACON, Speaker of the House of Representatives.

STATUTE I.

CHAPTER I.—An Act to enable the President of the United States to take possession
of the territories ceded by France to the United States, by the treaty concluded at
Paris, on the thirtieth of April last; and for the temporary government thereof.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States be, and he is hereby authorized to take possession of, and
occupy the territory ceded by France to the United States, by the treaty
concluded at Paris, on the thirtieth day of April last, between the two
nations; and that he may for that purpose, and in order to maintain in
the said territories the authority of the United States, employ any part
of the army and navy of the United States, and of the force authorized
by an act passed the third day of March last, intituled "An act direct-
ing a detachment from the militia of the United States, and for erecting
certain arsenals," which he may deem necessary: and so much of the
sum appropriated by the said act as may be necessary, is hereby appro-
priated for the purpose of carrying this act into effect; to be applied
under the direction of the President of the United States.
SEC. 2. And be it further enacted, That until the expiration of the
present session of Congress, unless provision for the temporary govern-
ment of the said territories be sooner made by Congress, all the military,
civil and judicial powers, exercised by the officers of the existing govern-
ment of the same, shall be vested in such person and persons, and shall
be exercised in such manner, as the President of the United States shall
direct for maintaining and protecting the inhabitants of Louisiana in
the free enjoyment of their liberty, property and religion.
APPROVED, October 31, 1803.

CHAP. II.-An Act authorizing the creation of a stock, to the amount of eleven millions two hundred and fifty thousand dollars, for the purpose of carrying into effect the convention of the thirtieth of April, one thousand eight hundred and three, between the United States of America and the French Republic; and making provision for the payment of the same.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of carry

x 2

245

[blocks in formation]

The Secretary of the Treasury cause to be con

authorized to

stituted stock

for eleven mil

lion two hundred and fifty

thousand dollars.

Terms of cre

very.

The certifi cates of stock to

be delivered to the government of France.

ing into effect the convention of the thirtieth day of April, one thousand eight hundred and three, between the United States of America and the French Republic, the Secretary of the Treasury be, and he is hereby authorized, to cause to be constituted, certificates of stock, signed by the register of the treasury, in favour of the French Republic, or of its assignees, for the sum of eleven millions two hundred and fifty thousand dollars, bearing an interest of six per centum per annum, from the time when possession of Louisiana shall have been obtained, in conformity ation and deli. With the treaty of the thirtieth day of April, one thousand eight hundred and three, between the United States of America and the French Republic, and in other respects conformable with the tenor of the convention aforesaid; and the President of the United States is authorized to cause the said certificates of stock to be delivered to the government of France, or to such person or persons as shall be authorized to receive them, in three months at most, after the exchange of the ratifications of the treaty aforesaid, and after Louisiana shall be taken possession of in the name of the government of the United States; and credit, or credits, to the proprietors thereof, shall thereupon be entered and given on the books of the treasury, in like manner as for the present domestic funded debt, which said credits or stock shall thereafter be transferable only on the books of the treasury of the United States, by the proprietor or propriethe books of the tors of such stock, his, her or their attorney: and the faith of the United States is hereby pledged for the payment of the interest, and for the reimbursement of the principal of the said stock, in conformity with the provisions of the said convention: Provided however, that the Secretary demption may of the Treasury may, with the approbation of the President of the United States, consent to discharge the said stock in four equal annual instalments, and also shorten the periods fixed by the convention for its reimbursement: And provided also, that every proprietor of the said stock may, until otherwise directed by law, on surrendering his certificate of such stock, receive another to the same amount, and bearing an interest of six per centum per annum, payable quarter-yearly at the treasury of the United States.

Credits of stock to be transferable on

treasury.

Period of rebe shortened.

Interest payable in Europe. Rate of ex change, dollars at 4s. 6d. and 2

guilders.

Interest pro

monies in the

SEC. 2. And be it further enacted, That the annual interest accruing on the said stock, which may, in conformity with the convention aforesaid, be payable in Europe, shall be paid at the rate of four shillings and sixpence sterling for each dollar, if payable in London, and at the rate of two guilders and one half of a guilder, current money of Holland, for each dollar, if payable in Amsterdam.

SEC. 3. And be it further enacted, That a sum equal to what will be vided for out of necessary to pay the interest which may accrue on the said stock to the end of the present year, be, and the same is hereby appropriated for that purpose, to be paid out of any monies in the treasury not otherwise appropriated.

treasury.

[blocks in formation]

SEC. 4. And be it further enacted, That from and after the end of the present year, (in addition to the annual sum of seven millions three hundred thousand dollars yearly appropriated to the sinking fund, by virtue of the act, intituled "An act making provision for the redemption of the whole of the public debt of the United States,") a further annual sum of seven hundred thousand dollars, to be paid out of the duties on merchandise and tonnage, be, and the same hereby is, yearly appropriated to the said fund, making in the whole, an annual sum of eight millions of dollars, which shall be vested in the commissioners of the sinking fund in the same manner, shall be applied by them for the same purposes, and shall be, and continue appropriated, until the whole of the present debt of the United States, inclusively of the stock created by virtue of this act, shall be reimbursed and redeemed, under the same limitations as have been provided by the first section of the above-mentioned act, respecting the annual appropriation of seven millions three hundred thousand dollars, made by the same.

SEC. 5. And be it further enacted, That the Secretary of the Treasury shall cause the said further sum of seven hundred thousand dollars to be paid to the commissioners of the sinking fund, in the same manner as was directed by the above-mentioned act respecting the annual appropriation of seven millions three hundred thousand dollars; and it shall be the duty of the commissioners of the sinking fund to cause to be applied and paid out of the said fund, yearly, and every year, at the treasury of the United States, such sum and sums as may be annually wanted to discharge the annual interest and charges accruing on the stock created by virtue of this act, and the several instalments, or parts of principal of the said stock, as the same shall become due and may be discharged, in conformity to the terms of the convention aforesaid, and of this act.

APPROVED, November 10, 1803.

CHAP. III.—An Act making provision for the payment of claims of citizens of the United States on the government of France, the payment of which has been assumed by the United States, by virtue of the convention of the thirtieth of April, one thousand eight hundred and three, between the United States and the French Republic.

Secretary of the Treasury to pay to commissioners, who shall apply the money to discharge of debt.

STATUTE I.

Nov. 10, 1803.

[Obsolete.]

Three millions

seven hundred sand dollars appropriated to pay citizens of

and fifty thou

the U. States. Act of Feb

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a sum, not exceed ing three millions seven hundred and fifty thousand dollars, (inclusive of a sum of two millions of dollars, appropriated by the act of the twenty-sixth day of February, one thousand eight hundred and three, intituled "An act making further provision for the expenses attending the intercourse between the United States and foreign nations,") to be ruary 26, 1803, paid out of any monies in the treasury not otherwise appropriated, be, and the same hereby is appropriated, for the purpose of discharging the claims of citizens of the United States against the government of France, the payment of which has been assumed by the government of the United States, by virtue of a convention made the thirtieth day of April, one thousand eight hundred and three, between the United States of isiana. America and the French Republic, respecting the said claims.

ch. 8.

Treaty with France for the cession of Lou

Claims to be

sury of the U. States.

SEC. 2. And be it further enacted, That the Secretary of the Treasury shall cause to be paid, at the treasury of the United States, in con- paid at the treaformity to the convention aforesaid, the amount of such claims, abovementioned, as, under the provisions of the said convention, shall be awarded to the respective claimants; which payments shall be made on the orders of the minister plenipotentiary of the United States for the time being, to the French Republic, in conformity with the convention aforesaid, and the said minister shall be charged on the treasury books with the whole amount of such payments, until he shall have exhibited satisfactory proof to the accounting officers of the treasury, that his orders, thus paid, have been issued in conformity with the provisions of the said convention.

SEC. 3. And be it further enacted, That the President of the United States be, and he hereby is authorized to borrow, on the credit of the United States, to be applied to the purposes authorized by this act, a sum not exceeding one million seven hundred and fifty thousand dollars, at a rate of interest, not exceeding six per centum per annum; reimbursable out of the appropriation made by virtue of the first section of this act, at the pleasure of the United States, or at such period, not exceeding five years from the time of obtaining the loan, as may be stipulated by contract; and it shall be lawful for the Bank of the United States to lend the same.

President of

the U. States to

borrow not ex

ceeding one million seven hundred and fifty

thousand dollars.

One million

SEC. 4. And be it further enacted, That so much of the duties on merchandise and tonnage as may be necessary, be, and the same hereby seven hundred

« ՆախորդըՇարունակել »