ACTS OF THE FOURTEENTH CONGRESS OF THE UNITED STATES: Passed at the second session, which was begun and held at JAMES MADISON, President. JOHN GAILLARD, President of the [Note.-In consequence of the death of Elbridge Gerry, there was no Vice-President of the United States during this session.] same as by the cepting foreign sels from for CHAP. 176. An act supplementary to an act to regulate the duties on imports and tonnage. Vol. iii. p. 1587. 1633. §1. Be it enacted, &c. That, the tonnage duties to be paid Tonnage duby ships or vessels which shall be entered in the United States, ties to be the excepting only such foreign ships or vessels as shall be entered act of 20th from any foreign port or place to or with which vessels of the July, 1790, exUnited States are not ordinarily permitted to go and trade, shall ships or vesbe the same as are provided by the act, entitled "An act impos- eign ports, &c. ing duties on the tonnage of ships or vessels," passed on the Vol. 1. p. 106. twentieth day of July, in the year of our Lord one thousand se- act to impair Nothing in this ven hundred and ninety: Provided always, That nothing in this rights and priact contained shall be deemed in any wise to impair any rights vileges, &c. and privileges which have been, or may be, acquired by any foreign nation under the laws and treaties of the United States relative to the duty on tonnage of vessels. vessels from 2. That on all foreign ships or vessels, which shall be enter- Two dolls. ed in the United States before the thirtieth day of June next, o 30th June, per ton, prior from any foreign port or place, to and with which vessels of the 1817, on forUnited States are not ordinarily permitted to go and trade, there eign ships or shall be paid a duty at the rate of two dollars per ton. And the foreign ports duties provided by this act shall be levied and collected in the with the same manner, and under the same regulations, as are prescribed United States, by law in relation to the duties upon tonnage now in force. [Approved, January 14, 1817.] with which &c. 1538. CHAP. 182. An act to repeal, after the close of the present session of congress, the act, en- Vol. iii. p. titled "An act to change the mode of compensation to the members of the senate and house of representatives and the delegates from territories," passed the nineteenth of March, one thousand eight hundred and sixteen. § 1. Be it enacted, &c. That, from and after the close of the Act of 19th present session of congress, the act, entitled "An act to change March, 1816, 1817. repealed after the mode of compensation to the members of the senate and house the 3d March, of representatives and the delegates from territories," passed the nineteenth of March, one thousand eight hundred and sixteen, shall be, and the same is hereby, repealed: Provided always, Nothing here- That nothing herein contained shall be construed to revive any acts repealed act or acts, or parts of acts, repealed or suspended by the act or suspended. hereby repealed. [Approved, February 6, 1817.] in to revive Vol.i. p. 499. CHAP. 183. An act to extend the provisions of the act to authorize certain officers and other persons to administer oaths, approved May the third, one thousand seven hundred and ninety-cight. The chairman of any stand &c. 1. Be it enacted, &c. That the chairman of any standing coming committee mittee, either of the house of representatives or of the senate of empowered, the United States, shall be empowered to administer oaths or affirmations to witnesses in any case under their examination; Persons guilty and any person who shall be guilty of perjury before such comble to the mittee shall be liable to the pains, penalties, and disabilities, prepains and pen- scribed for the punishment of the crime of wilful and corrupt perjury. [Approved, February 8, 1817.] of perjury lia alties, &c. Vol. ii. p. 1427. Second section of the act of 18th April, 1814, repealed. The sections designated for sale in quarter or half quarter sections, &c. CHAP. 186. An act to repeal the second section of an act, entitled "An act concerning the pay of officers, seamen, and marines, in the navy of the United States." $1. Be it enacted, &c. That the second section of an act, entitled "An act concerning the pay of the officers, seamen, and marines, in the navy of the United States," passed the eighteenth of April, in the year one thousand eight hundred and fourteen, be, and the same is hereby, repealed. [Approved, February 22, 1817.j CHAP. 188. An act providing for the division of certain quarter sections in future sales of the public lands. § 1. Be it enacted, &c. That, from and after the first day of to be offered September next, the sections designated by number two, five, twenty, twenty-three, thirty, and thirty-three, in each and every township of the public lands, the sale of which is now, or hereafter may be, authorized by law, shall be offered for sale either in quarter sections or half quarter sections, at the option of the In divisions of purchaser; and in every case of the division of a quarter sections, the por- tion, the portion shall be made by a line running due north and made by lines south, and in every other respect the said sections shall be ofrunning due fered, whether at public or private sale, on the same terms and conditions as have been, or may be, by law, provided for the sale of the other public lands of the United States. [Approved, February 22, 1817.] quarter sec north and south, &c. Vessels departing for foreign ports from Bayou St. John, &c. permitted to clear out at New Orleans, &c. CHAP. 194. An act authorizing vessels'departing from the town of Bayou St. John, and basin of the Canal de Carondelet, for foreign ports, to clear out at the customhouse in the city of New-Orleans. § 1. Be it enacted, &c. That all ships or vessels, about to dcpart for foreign ports or places, from the town of Bayou St. John, or basin of the Canal de Carondelet, shall be permitted to clear out, with their cargoes, at the customhouse in the city of New Orleans, and depart, under the same rules, regulations, and restrictions, and in every respect in the same manner, as vessels clearing out and departing, for foreign ports, from the said city of New Orleans, by the way of the Mississippi river. [Approved, March 1, 1817.] CHAP. 195. An act making reservation of certain public lands to supply timber for naval purposes. enjoined to oak and red to empowered to § 1. Be it enacted, &c. That the secretary of the navy be au- The secretary thorized, and it shall be his duty, under the direction of the of the navy president of the United States, to cause such vacant and unap- cause lands propriated lands of the United States as produce the live oak and producing live red cedar timbers to be explored, and selection to be made of cedar timbers such tracts or portions thereof, where the principal growth is of and selections either of the said timbers, as in his judgment may be necessary to be made of to furnish for the navy a sufficient supply of the said timbers. tracts, &c. The said secretary shall have power to employ such agent or The secretary agents and surveyor as he may deem necessary for the aforesaid employ agents purpose, who shall report to him the tracts by them selected, and a surveywith the boundaries ascertained and accurately designated by report, &c. actual survey or water courses, which report shall be laid before Act of 1820, the president, which he may approve or reject, in whole or in part; and the tracts of lands thus selected with the approbation The tracts seof the president, shall be reserved, unless otherwise directed by reserved, unlaw, from any future sale of the public lands, and be appropriat- less, &c= ed to the sole purpose of supplying timber for the navy of the Proviso; right United States: Provided, That nothing in this section contained of persons shall be construed to prejudice the rights of any person or per- claiming not to be prejudiced, sons claiming lands which may be reserved as aforesaid. or, who are to ch. 136. lected to be &c. the lands re red cedar on a fine of 500 § 2. That if any person or persons shall cut any timber on the Persons cutlands reserved as aforesaid, or shall remove, or be employed in ting timber on removing, timber from the same, unless duly authorized so to do served, or any by order of a competent officer, and for the use of the navy of live oak, or the United States; or if any person or persons shall cut any live other lands, oak or red cedar timber on, or remove or be employed in remov- &c. subject to ing from, any other public lands of the United States, with in- dolls. and imtent to dispose of the same for transportation to any port or place prisonment for within the United States, or for exportation to any foreign country, such person or persons so offending, and being thereof duly convicted before any court having competent jurisdiction, shall pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding six months. 6 months. ber from lands § 3. That if the master, owner, or consignee, of any ship or Vessels taking vessel, shall knowingly take on board any timber cut on lands on board tim reserved as aforesaid, without proper authority and for the use reserved, &c. of the navy, or shall take on board any live oak or red cedar forfeited. timber, cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the ship or vessel on board of which the same shall be seized, shall, with her tackle, apparel, and furniture, be wholly forfeited. timber contra S-4. That if any timber as aforesaid shall, contrary to the Exportation of prohibitions of this act, be exported to any foreign country, the ry to this act, ship or vessel in which the same shall have been exported shall subjects the be liable to forfeiture, and the captain or master of such ship or feiture, &c. vessel to for Recovery of penalties, &c. thereof, &c. according to the acts mentioned. vessel shall forfeit and pay a sum not exceeding one thousand dollars. 5. That all penalties and forfeitures incurred for taking on and mitigation board, transporting, or exporting, timber, by force of this act, shall be sued for, recovered, and distributed, and accounted for, in the manner prescribed by the act, entitled "An act to regulate the collection of duties on imports and tonnage," and shall 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." [Approved, March 1, 1817.] Vol. i. p. 458. 567. Vol. iii. p. 1634, 1842. Inhabitants of the western part of the Mississippi territory to form a state government, CHAP. 196. 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. $1. Be it enacted, &c. That the inhabitants of the western part of the Mississippi territory be, and they hereby are, authorized to form for themselves a constitution and state government, and to assume such name as they shall deem proper; and the said be admitted state, when formed, shall be admitted into the Union upon the same footing with the original states, in all respects whatever. into the the state. Qualifications of persons au sentatives to form a con vention. App ortion 2. That the said state shall consist of all the territory included within the following boundaries, to wit: Beginning on the river Mississippi, at the point where the southern boundary line of the state of Tennessee strikes the same; thence, east, along the said boundary line to the Tennessee river; thence, up the same, to the mouth of Bear creek; thence, by a direct line, to the northwest corner of the county of Washington; thence, due south, to the Gulph of Mexico; thence, westwardly, including all the islands within six leagues of the shore, to the most eastern junction of Pearl river with Lake Borgne; thence, up said river, to the thirty-first degree of north latitude; thence, west, along the said degree of latitude, to the Mississippi river; thence, up the same, to the beginning. 3. That all free white male citizens of the United States, thorized to who shall have arrived at the age of twenty-one years, and rechoose repre- sided within the said territory at least one year previous to the time of holding the election, and shall have paid a county or territorial tax, and all persons having in other respects the legal qualifications to vote for representatives in the general assembly of the said territory, be, and they are hereby, authorized to choose representatives to form a convention, who shall be apportioned among the several counties within the said territory as sentatives to follows, to wit: from the county of Warren, two representatives; from the county of Claiborne, four representatives; from the county of Jefferson, four representatives; from the county of Adams, eight representatives; from the county of Franklin, two representatives; from the county of Wilkinson, six representatives; from the county of Amite, six representatives; from the county of Pike, four representatives; from the county of Lawrence, two representatives; from the county of Marion, two representatives; from the county of Hancock, two representatives; form a con vention. holding the from the county of Wayne, two representatives; from the county of Greene, two representatives; from the county of Jackson, Time and two representatives; and the election of the representatives afore- manner of said shall be holden on the first Monday and Tuesday in June election. next, throughout the several counties above mentioned, and shall be conducted in the same manner as is prescribed by the laws of said territory regulating elections therein for members of the house of representatives. ington on the ordinance of 1787, so far, to unappro 4. That the members of the convention, thus duly elected, Convention to be, and they hereby are, authorized to meet at the town of meet at WashWashington, on the first Monday of July next; which conven- first Monday tion, when met, shall first determine, by a majority of the whole and to deterof July, 1817, number elected, whether it be or be not expedient, at that time, mine, &c. to form a constitution and state government for the people within the said territory; and if it be determined to be expedient, the convention shall be, and hereby are, authorized to form a constitution and state government: Provided, That the same, Proviso; the when formed, shall be republican, and not repugnant to the prin- government to ciples of the ordinance of the thirteenth of July, one thousand and not repugbe republican, seven hundred and eighty-seven, between the people and states ant to the of the territory northwest of the river Ohio, so far as the same 13th July has been extended to the said territory by the articles of agree- &c. ment between the United States and the state of Georgia, or of the constitution of the United States: And provided also, That Proviso; as the said convention shall provide, by an ordinance irrevocable priated lands, without the consent of the United States, that the people inha- their exempbiting the said territory do agree and declare that they forever tion from taxdisclaim all right or title to the waste or unappropriated lands lying within the said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and moreover, that each and every tract of land sold by congress, shall be and remain exempt from any tax laid by the order, or under the authority, of the state, whether for state, county, township, parish, or any other purpose whatever, for the term of five years, from and after the respective days of the sales thereof, and that the lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the lands belonging to persons residing therein; and that no taxes shall be imposed on lands the property of the United States, and that the river Mississippi, and the navigable rivers and waters. leading into the same, or into the Gulph of Mexico, shall be common high-ways, and forever free, as well to the inhabitants of the said state, as to other citizens of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said state. es, &c. 5 per cent. on and canals. $5. That five per cent. of the nett proceeds of the lands ly- Reservation of ing within the said territory, and which shall be sold by congress lands sold, for from and after the first day of December next, after deducting making roads all expenses incident to the same, shall be reserved for making public roads and canals; of which, three fifths shall be applied to those objects within the said state, under the direction of the legislature thereof, and two fifths to the making of a road or roads leading to the said state; under the direction of congress: Proviso; prior Provided, That the application of such proceeds shall not be obligations to VOL. III. 184 |