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oaths, &c.

within the

First comp

The comp

accounts of the war and navy departments, to the auditors respectively charged with the examination of those accounts, and that certificates, signed by them, shall be of the same effect as

that directed to be signed by the register. Auditors em- $ 12. That the auditors of the public accounts shall be empowered to administer

powered to administer oaths or affirmations to witnesses, in any case in which they may deem it necessary for the due examina

tion of the accounts with which they shall be charged. Secretary of the treasury to

$ 13. That it shall be the duty of the secretary of the treasury cause all ac- to cause all accounts of the expenditure of public money to be counts of the expenditure of settled within the year, except where the distance of the places public money where such expenditure occurs may be such as to make further to be settled

time necessary; and, in respect to expenditures at such places, year, except the secretary of the treasury, with the assent of the president, &c.

shall establish fixed periods at which a settlement shall be retroller to say quired. And it shall be the duty of the first comptroller to lay gress, annual-before congress, annually, during the first week of their session, a list of

of officers, &c.

the settlement required by law. troller to dis

$ 14. That, in the annual statement of all accounts on which tinguish be- balances appear to have been due more than three years, which tween balan- the comptroller is now required by law to make, he shall hereafc

ter distinguish those accounts, the balances appearing on which shall, in his opinion, be owing to difficulties of form, which he

may think it equitable shall be removed by an act of congress; Comptroller and where the debtors, by whom such balances shall have been pot required to due more than three years, shall be insolvent, and have been lances whero reported to congress for three successive years as insolvent, the been reported comptroller shall not be required in such case to continue to ininsolvent, &c. clude such balances in the statement above mentioned. Salary of the $ 15. That the salary of the comptroller, appointed by virtue second comp- of this act, shall be three thousand dollars per annum, and that 3,000 dolls. of the auditors, each, three thousand dollars per annum. per annum. Letters, &c.

$16. That all letters and packages, to and from the comp

troiler and auditors herein before mentioned, be conveyed free the second comptroller of postage, under the same regulations that are provided by and auditors, law for other officers of government; and the secretary of the Secretary of treasury is hereby authorized to assign the several sums approthe treasury, priated' for clerk hire in the offices of the accountant, additional hire, &c. accountant, superintendent general of military supplies, and ac

countant of the navy, to the ollicers hereby created, to which their respective duties shall be assigned. [Approved, March 3, 1817.)

to and from

Vol.i. r, 664.

CHAP. 222. An act respecting the compensation of the collectors therein mentioned. Additional an

$1. Be it enacted, fc. That, from and after the last day of nual allowance of 150

March instant, there shall be allowed and paid, annually, in addolls, to the dition to the sum now allowed by law to the collector of the collector, &c.

customs for Edgartown, in the state of Massachusetts, the sum And 150 dolls. of one hundred and fifty dollars; and to the collector of the the collector customs for Plymouth, in the state of North Carolina, there shall at Plymouth. also be paid annually the sum of one hundred and fifty dollars ;

in addition to the fees and other emoluments of office.

trade.

$ 2. That, from and after the last day of March instant, there Per centum shall be allowed to the collector of the customs for Middletown, the collectors in Connecticut, and to the collector of the customs in Newbu- of Middle

town and ryport, in the state of Massachusetts, three per centum on all

Newburyport. moneys by them received on account of the duties upon importation and on tonnage. (Approved, March 3, 1817.j* CHAP. 223. An act to continuo in force the second section of the act, entitled " An act sup

Vol. iii. p. plementary to an act to regulate the duties on imports and tonnage."

1617. § 1. Be it enacted, &c. That on all foreign ships or vessels, Two dollars which shall be entered in the United States after the thirtieth 30th Juno, day of June next, from any foreign port or place, to and with 1817, on for which vessels of the United States are not ordinarily permitted from foreign to enter and trade, there shall be paid a duty, at the rate of two points to and dollars per ton, to be levied and collected in the same manner, vessels of tho and under the same regulations, as are prescribed by law in re- not ordinarily lation to the duties upon tonnage now in force. | Approved, permitted to March 3, 1817.]

enter and Chap. 224. An act supplementary to“An act to regulate the duties on imports and tonnage." Vol. i. p.

1587. $ 1. Be it enacted, f.c. That in all cases whese an ad valore di Ad valorem duty shall be charged, it shall be calculated on the nett cost of duty to be

calculated on the article at the place whence imported, (exclusive of packages, the nett cost of commissions, charges of transportation, export duty, and all whence imother charges,) with the usual addition, established by law, of ported, exclutwenty per cent. on all merchandise imported from places be- sive of packyond the Cape of Good Hope, and of ten per cent. on articles imported from all other places. [Approved, March 3, 1817.]

Repealed. Chap. 231. An act more effectually to preserve the neutral relations of the United States. Vol. iii. p.

$1. Be it enacted, f.c. That if any person shall, within the Persons fitting limits of the United States, fit out and arm, or attempt to fit out

ing, &c. ves and arm, or procure to be fitted out and armed, or shall know- sels intended

to be employingly be concerned in the furnishing, fitting out, or arming, of any such ship or vessel, with intent that such ship or vessel shall hostilities be employed in the service of any foreign prince or state, or of in a any colony, district, or people, to cruise or commit hostilities, er, are liable or to aid or co-operate in any warlike measure whatever, against prisonment, the subjects, citizens, or property, of any prince or state, or of &c. 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 Fine not to eximprisoned at the discretion of the court in which the conviction ceed 10,000

dolls. nor im shall be had, so as the fine to be imposed shall in no case

prisonment 10 more than ten thousand dollars, and the term of imprisonment years. shall not exceed ten years; and every such ship or vessel, with Vessels, &c. 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 be forfeited, one Half to the inhalf to the use of any person who shall give information, and the former. other half to the use of the United States.

,

1694.

out and arm

ed to commit

.

ports of the

part citi.

The collectors

Owners of § 2. That the owners of all armed ships, sailing out of the sailing from ports of the United States, and owned wholly, or in part, by citi

zens thereof, shall enter into bond to the United States, with sufthe owners be: ficient sureties, prior to clearing out the same, in double the ing wholly or amount of the value of the vessel and cargo on board, including zens, to give her armament, that the said ship or vessel shall not be employed bond, &c.

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.

$ 3. That the collectors of the customs be, and they are hereauthorized to by, respectively, authorized and -required, to detain any vessel detain vessels manifestly built for warlike purposes, and about to depart from like purposes, the United States, of which the cargo shall principally consist the cargoes of of arms and munitions of war, when the number of men shipped principally of on board, or other, circumstances, shall render it probable that arms, &c.

such vessel is intended to be employed by the owner, or owners, when circumstances render to cruise or commit hostilities upon the subjects, citizens, or prothey are inten- perty, of any prince or state, or of any colony, district, or people, ded to commit with whom the United States are at peace, until the decision of against friend- the president be had thereupon, or until the owner enters into ly powers, &c. 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

ihe United States are at peace. Persons in- $ 4. That if any person shall, within the territory or jurisdiccreasing or tion of the United States, increase or augment, or procure to be augmenting the force of increased or augmented, or shall be knowingly concerned in inarmed svericels creasing or augmenting, the force of any ship of war, cruiser, or of a foreign other armed vessel, which, at the time of her arrival within the power engas United States, was a ship of war, cruiser, or other armed vessel, ties with a na- in the service of a foreign prince or state, or of any colony, diswith the Unit- trict, or people, or belonging to the subjects or citizens of any such ed States, &c prince, state, colony, district, or people, the same being at war and in prison 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 of

fending, shall, upon conviction, be adjudged guilty of a misdeFine not to ex- meanor, and shall be fined and imprisoned, at the discretion of dolls. nor im- the court in which the conviction shall be had, so as that such prisonment fines shall not exceed one thousand dollars, nor the term of im

prisonment be more than one year. This act in $ 5. That this act shall continue in force for the term of two

years. [Approved, March 3, 1817.)

ment.

one year.

force for two years.

Obsoletc.

Chap. 232. An act lo establish a separate territorial government for the castern part of

the Mississippi territory. § 1. Be it enacted, fc. That all that part of the Mississippi

That part
of the Mis-
sissippi

abama,

to the senate.

territory which lies within the following boundaries, to wit: be- territory de ginning at the point where the line of the thirty-first degree of scribed to be north latitude intersects the Perdido river, thence east to the and called Alwestern 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, thence by a direct line to the northwest corner of Washington county, ihence 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.”

$ 2. That all offices which may exist, and all laws which may Existing offibe in force, in said territory, within the boundaries above de- ces and the

to scribed, at the time this act shall go into effect, shall continue to continue until exist, and be in force, until otherwise provided by law. And the otherwise propresident of the United States shall have power to appoint a Governor and governor and secretary for the said Alabama territory, who shall, secretary, &c. 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 se- Proviso; apcretary shall be submitted to the senate, for their advice and con- be submitted sent, at the next session of

congress. $ 3. That there shall be appointed an additional judge of the An additional

judge, &c. Mississippi territory, who shall reside in the eastern part thereof, and receive the same compensation as the other judges; and that Jurisdiction of the judge appointed by virtue of an act, passed the twenty- judges, &c. seventh day of March, one thousand eight hundred and four, for

Vol. ij. p.950. the appointinent 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, Clark, 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 so time : Provided, That no judge shall sit Proviso ; no more than twice in succession in the saine court, and that the judge to sit other judges of the Mississippi territory shall exercise, as hereto- twice in sucfore authorized by an act of congress, or of the territorial legislature, exclusive jurisdiction in the superior courts of the other &c. counties. That a general court, to be composed of the judge A general appointed by virtue of the act of twenty-seventh of March, one holden at St. thousand eight hundred and four, the judge appointed for Ma- Stephens, on dison county, and the judge to be appointed by virtue of this act, days of Januaor any two of them, shall be holden at St. Stephens, commenc- ry and July, ing on the first Mondays of January and July, annually, who Power and jushall have the same power of issuing writs of error to the supe

the general rior 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 (in) the year one thousand eight hundred and four, to

cession in the same court,

risdiction of

court.

&c.

&c.

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 Vol. ii. p.975. the territorial courts." Legislative council and

$ 4. That the governor, to be appointed under the authority house of rep. of this act, shall, immediately after entering into office, convene, resentatives,

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 President to the president of the United States, three of whom shall be selectselect mem...ed by him for members of the legislative council, in addition to islative coun the number which the said territory may possess agreeably to the sil, in addition, foregoing provisions of this section. The said legislative coun

cil and house of representatives shall also have power to select a A delegate to delegate to congress, who shall, in all respects, possess the same

rights and immunities as other delegates from ierritories of the

United States. Time at which $ 5. That this act shall commence and be in force so soon as

the convention, the appointment whereof has been authorized by force, &c.

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 pass

age of this act. Persons in

$ 6. That all persons who shall be in office, within the territinue, &c. tory 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.

$7. That all judicial process in the said territory of Alabama toforo, &c.

congress.

this act shall commenco and be in

office to con

Judicial pro

cess as here

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