blished entitled Surveyor-general to surveys cause to be SEC. 2. And be it further enacted, That every person whose claim has Persons whose been, or shall be confirmed by the commissioners aforesaid, to a tract claims are esta of land bordering on the river Detroit, and not exceeding in depth forty to a preference arpens, French measure, shall be entitled to a preference in becoming in becoming the the purchaser of any vacant tract of land adjacent to, and back of his purchasers of the contiguous own tract, not exceeding forty arpens, French measure, in depth, nor in vacant lands. quantity of land that which is contained in his own tract, at the same price, and on the same terms and conditions as are provided by law for the other public lands in the said district. And the surveyor-general shall be, and he is hereby authorized, as soon as may be, to cause to be surveyed, the tracts claimed by virtue of this section, and in all cases where, by reason of bends in the said river, and of adjacent prior, or pre-emption claims, each claimant cannot obtain a tract equal in quantity to the adjacent tract already owned by him, to divide the vacant land, applicable to that object, between the several claimants, in such manner as to him will appear most equitable. And every person entitled to the benefit of this section, shall, on or before the first day of January next, deliver to the register of the land-office for the district of Detroit, a notice in writing, stating the situation and extent of the tract of land he wishes to purchase, and deposit at the same time one twentieth part of the purchase money; and shall also, within three months after the return of the survey to the office of the said register, produce to him a receipt from the receiver of public money for the said district for one fourth part of the purchase money. And if any such person shall fail to deliver such notice, and make such deposit and payment, at the times above mentioned, his right of pre-emption shall cease, and become void. SEC. 3. And be it further enacted, That every person, who being the head of a family, did, prior to the twenty-sixth of March, one thousand eight hundred and four, and doth, at the time of the passage of this act, inhabit and cultivate a tract of land in the territory of Michigan, not claimed by virtue of a legal French or British grant, or by the second section of the act to which this act is a supplement, shall be entitled to a preference, in becoming the purchaser from the United States of such tract of land not exceeding one section, at the price at which the other public lands in the said territory are directed to be sold; and payment may be made therefor in the same manner, and under the same conditions, as are provided by law for such other public lands. And every person entitled to the benefit of this section, shall, on or before the first day of January, next, deliver to [the] register of the landoffice, for the district aforesaid, a notice in writing, of the situation and extent of the tract of land he wishes to purchase. The commissioners aforesaid are hereby authorized to examine and decide the claims, of every person claiming the benefit of this section, and whenever it shall appear to them that the claimant is entitled to a right of pre-emption they shall give a certificate thereof, directed to the register of the landoffice, which certificate, together with a receipt from the receiver of public money, of at least one fourth part of the purchase money, shall, on, or before the first day of January, next, be produced by the claimant to the register of the land-office for the said district. And if any person shall fail to deliver such notice in writing, or produce such certificate and receipt within the times above mentioned, his right of pre-emption shall cease, and become void. SEC. 4. And be it further enacted, That so much of the second section of the act to which this act is a supplement, as provides that not more than one tract or parcel of land shall be granted to any one person, shall be, and the same is hereby repealed. Every person entitled to the benefit of this section to give notice in writing to the register. Pre-emption right secured to actual settlers. Notice in writ ing to be given and extent of the land to be purchased. of the situation Repeal of part of a former act. 3, 1807, ch. 34, Act of March sec. 2. Lands to which SEC. 5. And be it further enacted, That the lands to which the Indian title has been extinguished, by the treaty made at Detroit, on the seven- Indian title was teenth of November, one thousand eight hundred and seven, shall be attached to and made a part of the district of Detroit, and be offered for sale at that place, under the same exceptions and regulations, at the same price, and on the same terms, as other lands lying in that district. APPROVED, April 25, 1808. March 4, 1808. RESOLUTION to authorize the disposition of certain charts of the coast of North Carolina. Secretary of Treasury authorized to cause charts of North Carolina to be sold. RESOLVED by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby directed to cause to be sold, as many of the charts of the coast of North Carolina, published in conformity to the resolution which passed the second of March, one thousand eight hundred and seven, as shall remain on hand, after reserving the number requisite for the use of the government of the United States. APPROVED, March 4, 1808. ACTS OF THE TENTH 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 seventh day of November, 1808, and ended on the third day of March, 1809. THOMAS JEFFERSON, President; GEORGE CLINTON, Vice President of the United States and President of the Senate; STEPHEN R. BRADLEY, President of the Senate pro tempore, from the 4th to the 7th of January, 1809; JOHN MILLEDGE, President of the Senate pro tempore, from January 30th, 1809; J. B. VARNUM, Speaker of the House of Representatives. STATUTE II. CHAP. I.—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. APPROVED, November 18, 1808. CHAP. III.-An Act authorizing the President of the United States to employ an additional number of revenue cutters. 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 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. CHAP. IV. An Act authorizing the payment of certain pensions by the Secretary of War at the seat of government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 cer or soldier residing in either of the United States, or the territories VOL. II.-64 2 U 505 offi Nov. 18, 1808. [Obsolete.] STATUTE II. Jan. 6, 1809. Additional re venue cutters to to exceed be employed not twelve. [Obsolete.] STATUTE II. Jan. 7, 1809. Pensions to be paid at Wash. ington where agents to pay pensions have not been appointed. 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 for the war department, and the name of the pensioner shall, on his application to the Secretary at 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. CHAP. V.-An Act to enforce and make more effectual an act intituled “An act laying an embargo on all ships and vessels in the ports and harbors of the United States," and the several acts supplementary thereto.(a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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, shall, upon conviction, be adjudged guilty of a high misdemeanor, and fined a sum, by the court 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 particularly stating the articles thus to be laden shall have been previously obtained from the collector of the district, in which such ship, vessel, or boat may then be, or from a revenue officer specially authorized by the collector to grant such permits; nor unless the lading shall be made under the inspection of the proper revenue officers, nor unless the owner or owners, consignee or factor of such ship, vessel, or boat shall, with the master, have given bond with one or more sureties to the United States, in a sum six times the value of the vessel and cargo, that the vessel shall not leave the port without a clearance, nor shall, when leaving the port, proceed to a foreign port or place, nor shall put any article on board of any other vessel; and that the whole cargo shall be relanded either in the port where the vessel may then be, or in such other port of the United States as shall be designated in the clearance. (a) See notes to act of December 22, 1807, chap. 5. Collectors mits, in certain cases. Proviso. And it shall be lawful for the collectors of the customs to refuse permission to put any cargo on board any such ship, vessel, or boat, when- may refuse perever in their opinion there is an intention to violate the embargo, 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. 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 such cargo or give bond for the same, in the manner and on the conditions mentioned in the preceding 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 mean while, 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 at any time such articles of domestic or foreign growth as may be designated in such general permission or permissions, bond with one or more sureties being previously given to the United States by the owner, owners, consignee or factors of such ship, vessel, or boat, and by the master thereof, in an amount equal to three hundred dollars for each ton of the said vessel, that such vessel shall not, during the time limited in the condition of the bond, depart from any district of the United States, without having previously obtained a clearance, nor until the master or commander shall have delivered to the collector or surveyor of the port of departure a manifest of the whole cargo on board, that the said vessel shall not during the time above mentioned, proceed to any other port than that mentioned in her clearance, or put any article on board of any other vessel, or be employed in any foreign trade; and that on every voyage or trip, the whole of the cargo shall be landed in a port of the United States within the bay, sound, rivers or lakes, to which the navigation of such vessel is confined. 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 Vessels alrea dy laden, in part or in whole, to be discharged, on the requisi tion of the collector. be General permits may ing vessels. granted to coast Conditions. Penalties, in cases of violapreceding section. tions of the next |