by them received on account of the duties upon importation and on and Newburytonnage.

APPROVED, March 3, 1817.

port.

CHAP. L.-An Act to continue in force the second section of the act, entitled "An act supplementary to an act to regulate the duties on imports and tonnage." Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That on all foreign ships or vessels which shall be entered in the United States, after the thirtieth day of June next, from any foreign port or place, to and with which vessels of the United States are not [ordinarily] permitted to enter and trade, there shall be paid a duty [at] the rate of two dollars per ton, to be levied and collected in the same manner, and under the same regulations, as are prescribed by law in relation to the duties upon tonnage now in force. APPROVED, March 3, 1817.

STATUTE II.

March 3, 1817. [Obsolete.]

Act of Jan. 14, 1817, ch. 3.

Two dolls.

per ton on foreign vessels from foreign ports with which

vessels of the United States are not permitted to enter and

trade.

STATUTE II.

CHAP. LI.—An Act supplementary to "An act to regulate the duties on imports March 3, 1817. and tonnage."

Be it enacted, by the Senate and House of Representatives of the United States of America, in Congress assembled, That in all cases where an ad valorem duty shall be charged, it shall be calculated on the net cost of the article at the place whence imported, (exclusive of packages, commissions, charges of transportation, export duty, and all other charges,) with the usual addition, established by law, of twenty per cent. on all merchandise imported from places beyond the Cape of Good Hope, and of ten per cent. on articles imported from all other places. APPROVED, March 3, 1817.

[Obsolete.] Act of July 20, 1790, ch. 30. Act of April 27, 1816, ch.

107.

Act of Jan.

14, 1817, ch. 3.

Ad valorem

duty to be on the

net cost of the article whence imported.

STATUTE II.

CHAP. LV.—An Act for the relief of the widows and orphans of the officers, sea- March 3, 1817. men, and marines, who were lost in the United States brig Epervier.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the widows, if any such there be, and, in case there be no widow, the child or children, if there be no child, then to the parents or parent, and if there be no parent, then to the brothers and sisters of the officers, seamen, and marines, who were in the service of the United States and lost in the brig Epervier, shall be entitled to, and receive, out of any money in the treasury not otherwise appropriated, a sum equal to six months'pay of their respective deceased relatives aforesaid, in addition to the pay due to the said deceased on the fourteenth day of July, one thousand eight hundred and fifteen, to which day the arrears of pay due the deceased shall be allowed and paid by the accounting officers of the Navy Department. APPROVED, March 3, 1817.

[Obsolete.] The widows

and orphans of lost in the Epervier, to receive six months' pay additional, &c.,

officers and men

STATUTE II.

CHAP. LVI.—An Act authorizing the Secretary of the Treasury to remit the duties March 3, 1817. therein mentioned.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person to whom a license shall have been granted before the first day of July, in the year of our Lord one thousand eight hundred and sixteen, for a term exVOL. 111-47

[Obsolete.] The Secretary of the Treasury authorized to

remit proportion of duties

tending beyond the said first day of July, according to the provisions of the act, entitled "An act laying duties on licenses to distillers of spirituous liquors," shall prove, to the satisfaction of the Secretary of the Treasury, that he has discontinued, at any time since the said first of July, the use of any still, or stills, for the use of which the said license was granted, and not afterwards used the same, then, and in such case, it may be lawful for the Secretary of the Treasury to remit such proportion of the said duties as may have accrued for the time during which the use of the said still, or stills, was so discontinued; and, if such duties have been paid, then to repay, out of any money in the treasury not otherwise appropriated, that proportion of such duties which accrued during the discontinuance of the use of said still, or stills, as above mentioned. APPROVED, March 3, 1817.

CHAP. LVII.-An Act authorizing the Secretary of the Treasury to pay to the state of Georgia fifteen per centum upon the quota of direct tax, for the year one thousand eight hundred and sixteen, assumed and paid by that state.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the Secretary of the Treasury shall be authorized to pay to the order of the Governor of Georgia, for the use of that state, the sum of fourteen thousand one hundred and eighty dollars and forty-seven cents, being an abatement of fifteen per cent. on the quota of direct tax, payable by that state, for the year one thousand eight hundred and sixteen: which quota was paid, but notice of an intention to assume it not given in time to entitle the said state to the deduction of fifteen per cent. under the act of January, one thousand eight hundred and fifteen, laying a direct tax upon the United States.

SEC. 2. And be it further enacted, That the above sum of fourteen thousand one hundred and eighty dollars and forty-seven cents shall be paid out of any money in the treasury not otherwise appropriated. APPROVED, March 3, 1817.

STATUTE II.

March 3, 1817.

Repealed by act of April 20, 1818, ch. 88,

sec. 12.

Persons fitting

out and arming, &c. vessels intended to be employed to

ties against a friendly power, liable to fine and imprisonment, &c.

CHAP. LVIII.—An Act more effectually to preserve the neutral relations of the
United States.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person shall, within the limits of the United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out or arming, of any such ship or vessel, with intent that such ship or vessel shall be employed in the service of any foreign prince or state, or of any colony, district or peocommit hostili ple, to craise or commit hostilities, or to aid or co-operate in any warlike measure whatever, against the subjects, citizens, or property, of any prince or state, or of any colony, district or people, with whom the United States are at peace, every such person so offending shall, upon conviction, be adjudged guilty of a high misdemeanor, and shall be fined and imprisoned at the discretion of the court in which the conviction shall be had, so as the fine to be imposed shall in no case be more than ten thousand dollars, and the term of imprisonment shall not exceed ten years and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall Half to the in- be forfeited, one half to the use of any person who shall give information, and the other half to the use of the United States.

Vessel, &c. forfeited.

former.

SEC. 2. And be it further enacted, That the owners of all armed ships, sailing out of the ports of the United States, and owned wholly, or in part, by citizens thereof, shall enter into bond to the United States, with sufficient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed by such owners in cruising or committing hostilities, or in aiding, or co-operating, in any warlike measure against the subjects, citizens, or property, of any prince or state, or of any colony, district or people, with whom the United States are at peace.

SEC. 3. And be it further enacted, That the collectors of the customs be, and they are hereby, respectively, authorized and required to detain any vessel manifestly built for warlike purposes, and about to depart from the United States, of which the cargo shall principally consist of arms and munitions of war, when the number of men shipped on board, or other circumstances, shall render it probable that such vessel is intended to be employed by the owner, or owners, to cruise or commit hostilities upon the subjects, citizens, or property, of any prince or state, or of any colony, district, or people, with whom the United States are at peace, until the decision of the President be had thereupon, or until the owner enters into bond, and sureties, to the United States, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed by the owner, or owners, in cruising or committing hostilities, or in aiding, or co-operating, in any warlike measure against the subjects, citizens or property, of any prince or state, or of any colony, district, or people, with whom the United States are at peace.

SEC. 4. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing, or augmenting, the force of any ship of war, cruiser, or other armed vessel, which, at the time of her arrival within the United States, was a ship of war, cruiser, or armed vessel, in the service of a foreign prince, or state, or any colony, district, or people, or belonging to the subjects, or citizens, of any such prince, state, colony, district, or people, the same being at war with any foreign prince, or state, with whom the United States are at peace, by adding to the number or size of the guns of such vessels prepared for use, or by the addition thereto of any equipment solely applicable to war, every such person, so offending, shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be fined and imprisoned, at the discretion of the court in which the conviction shall be had, so as that such fines shall not exceed one thousand dollars, nor the term of imprisonment be more than one year.

SEC. 5. And be it further enacted, That this act shall continue in force for the term of two years. APPROVED, March 3, 1817.

CHAP. LIX.-An Act to establish a separate territorial government for the east- March 3, 1817. ern part of the Mississippi territory.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all that part of the Mississippi territory which lies within the following boundaries, to wit: beginning at the point where the line of the thirty-first degree of north latitude intersects the Perdido river, thence east to the western boundary line of the state of Georgia, thence along said line to the southern boundary line to the state of Tennessee, thence west along said boundary line to the Tennessee river, thence up the same to the mouth of Bear creek,

[Obsolete.] That part of the Mississippi territory de

scribed, to form a territory to be called Alabama.

Laws in force

til otherwise

Act of April 20, thence by a direct line to the north-west corner of Washington county, 1818, ch. 126. thence due south to the Gulf of Mexico, thence eastwardly, including all the islands within six leagues of the shore, to the Perdido river, and thence up the same to the beginning, shall, for the purpose of a temporary government, constitute a separate territory, and be called " Alabama." SEC. 2. And be it further enacted, That all offices which may exist, and to continue un- all laws which may be in force, in said territory, within the boundaries above described, at the time this act shall go into effect, shall continue to exist, and be in force, until otherwise provided by law. And the President of the United States shall have power to appoint a governor and secretary for the said Alabama territory, who shall respectively exercise the same power, perform the same duties, and receive for their services the same compensation, as are provided for the governor and secretary of the Mississippi territory: Provided, that the appointment of said governor, and secretary, shall be submitted to the Senate, for their advice and consent, at the next session of Congress.

provided. Governor and secretary, &c. Act of March 2, 1810, ch. 16.

An additional

judge, &c.

Act of March

27, 1804, ch. 59.

A general court, &c.

1805, ch. 38.

Legislative council.

SEC. 3. And be it further enacted, That there shall be appointed an additional judge for the Mississippi territory, who shall reside in the eastern part thereof, and receive the same compensation as the other judges; and that the judge appointed by virtue of an act, passed the twenty-seventh day of March, one thousand eight hundred and four, for the appointment of an additional judge for the Mississippi territory, together with the judge appointed for Madison county, and the judge to be appointed by virtue of this act, shall possess and exercise exclusive original jurisdiction in the superior courts of Washington, Baldwin, Clarke, Monroe, Montgomery, Wayne, Green, Jackson, Mobile, Madison, and of such new counties as may be formed out of them, and shall arrange the same among themselves, from time to time: Provided, that no judge shall sit more than twice in succession in the same court, and that the other judges of the Mississippi territory shall exercise, as heretofore authorized by an act of Congress, or of the territorial legislature, exclusive jurisdiction in the superior courts of the other counties. That a general court, to be composed of the judge appointed by virtue of the act of twenty-seventh of March, one thousand eight hundred and four, the judge appointed for Madison county, and the judge to be appointed by virtue of this act, or any two of them, shall be holden at St. Stephens, commencing on the first Mondays of January and July, annually, who shall have the same power of issuing writs of error to the superior courts of the counties mentioned in this section, or which shall hereafter be formed in the eastern division of the territory, which was given by the act for the appointment of an additional judge, passed the year one thousand eight hundred and four, to the superior court of Adams district, and which shall possess, exclusively of the courts of the several counties, the federal jurisdiction given to the superior courts of the territories, by an act passed the third day of March, one thousand eight hundred and five, entitled "An act to extend jurisdiction in certain cases to the territorial courts."

SEC. 4. And be it further enacted, That the governor, to be appointed under the authority of this act, shall, immediately after entering into office, convene, at the town of St. Stephens, such of the members of the legislative council and house of representatives, of the Mississippi territory, as may then be the representatives from the several counties within the limits of the territory to be established by this act; and the said members shall constitute the legislative council, and house of representatives for the aforesaid Alabama territory, whose powers, in relation to the said territory, shall be, until the expiration of the term for which they shall have been chosen, or until Congress shall otherwise provide, the same in all respects as are now possessed by the legislative council, and house of representatives of the Mississippi territory; and the said legislative council, and house of representatives of the Alabama territory,

so formed, shall have power to nominate six persons to the President of the United States, three of whom shall be selected by him for members of the legislative council, in addition to the number which the said territory may possess, agreeably to the foregoing provisions of this section. The said legislative council and house of representatives, shall also have power to elect a delegate to Congress, who shall, in all respects, possess the same rights and immunities as other delegates from territories of the United States.

SEC. 5. And be it further enacted, That this act shall commence and be in force, so soon as the convention, the appointment whereof has been authorized by Congress at their present session, shall have formed a constitution and state government, for that part of the Mississippi territory lying west of the territory herein described; of which act of convention the governor of the Mississippi, for the time being, shall give immediate notice to the President of the United States, who shall thereupon forthwith proceed to the execution of the powers vested in him by the second section of this act; but in case said convention shall fail to form a constitution and state government, as aforesaid, then this act shall become null and void, except so far as relates to the third section thereof, which shall take effect, and be in force, from and after the passage of this act. SEC. 6. And be it further enacted, That all persons who shall be in office, within the territory hereby established, when the said convention shall have formed a constitution and state government, as aforesaid, shall continue to hold and exercise their offices, in all respects as if this act had never been made; and the governor and secretary of the Mississippi territory, for the time being, shall continue to exercise the duties of their respective offices, in relation to the territory hereby established, until a governor and secretary shall be appointed therefor, in pursuance to this

act.

SEC. 7. And be it further enacted, That all judicial process in the said territory of Alabama, shall be issued, and bear test, as heretofore; nor shall suit be discontinued, or the proceedings of any cause stayed, any or in any wise affected by any thing contained in this act, or in the act, entitled "An act to enable the people of the western part of the Mississippi territory to form a constitution and state government, and for the admission of such state into the union on an equal footing with the original states."

A delegate to Congress.

Time at which

this act shall

commence and

be in force, &c.

Persons in

office to con

tinue, &c.

Judicial pro

cess as heretofore, &c.

Act of March 1, 1817, ch. 23.

St. Stephens

SEC. 8. And be it further enacted, That the town of St. Stephens shall be the seat of government for the said Alabama territory, until it the seat of govshall be otherwise ordered by the legislature thereof.

SEC. 9. And be it further enacted, That whatever balance may remain in the treasury of the Mississippi territory, at the time when the convention authorized to form a constitution and state government, for the western part of said territory, may have formed a constitution and state government for the same, shall be divided between the new state and territory, according to the amount which may have been paid into said treasury, from the counties lying within the limits of such state and territory respectively.

APPROVED, March 3, 1817.

ernment.

Balance in the

treasury to be tween the new state, and territory.

divided be

STATUTE II.

CHAP. LX.-An Act to amend and explain an "Act giving pensions to the or- March 3, 1817. phans and widows of persons slain in the public or private armed vessels of the United States."

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any officer, seaman, or marine, belonging to the navy of the United States, shall die, or shall have died, since the eighteenth day of June, in the year of our Lord one

Act of March 4, 1814, ch. 20. Widows, &c. of officers and men in the navy