by this act to assistants, he shall receive therefor the compensation allowed to assistants for like services. II. OF ASSISTANTS, THEIR DUTIES, LIABILITIES, AND COM PENSATION. SEC. 9. And be it further enacted, That no assistant shall be deemed qualified to enter upon his duties, until he has received from the marshal, under his hand, such a commission: as is provided for in this act, and shall take and subscribe the following oath, or affirmation, which shall be thereon endorsed, to wit: I, 3 an assistant to the marshal of the district of do solemnly swear (or affirin) that I will make a true and exact enumeration of all the inhabitants within the district assigned to me and will also faithfully collect the other statistics therein, in the manner provided for in the act for tak ing the seventh census, and in conformity with all lawful instructions which I may receive, and will make due and correct returns thereof as required in said act. (Signed.) Which said oath, or affirmation, may be administered by any judge of a court of record, or any justice of the peace empow ered to administer oaths, and a copy thereof duly authenticated shall be forwarded to the marshal by such assistant, before he proceeds to the business of the appointment. Assistant to be commissioned. Form of oath or affirmation. i Duties of assis SEC. 10. And be it further enacted, That each assistant, when duly qualified in manner aforesaid, shall perform the tants defined. service required of him by a personal visit to each dwellinghouse, and to each family, in the sub-division assigned to him, and shall ascertain, by inquiries made of some member of each family, if any one can be found capable of giving the informa tion, but if not, then of the agent of such family, the name of each member thereof, the age and place of birth of each, and all the other particulars specified in this act, the tables thereto subjoined, and the instructions of the Secretary of the Interior; and shall also visit personally the farms, mills, shops, mines, and other places respecting which information is required as above specified, in his district, and shall obtain all such information from the best and most reliable sources; and when in either case the information is obtained and entered on the tables, as obtained, till the same is complete, then such memoranda shall be immediately read to the person or persons furnishing the facts, to correct errors and supply omissions if any shall exist. Each assistant to furnish returns after the time SEC. 11. And be it further enacted, That each assistant shall within one month after the time specified for the comple- within one month tion of the enumeration, furnish the original census returns to specified. the clerk of the county court of their respective counties, and two copies, duly compared and corrected, to the marshal of the district. He shall affix his signature to each page of the schedules before he returns them to his marshal, and on the last page thereof, shall state the whole number of pages in each re pensation for habitants. turn, and certify that they were well and truly made according to the tenor of his oath of office. Assistants'com- SEC. 12. And be it further enacted, That each assistant enumerating in- shall be allowed as compensation for his services after the rate of two cents for each person enumerated, and ten cents a mile for necessary travel, to be ascertained by multiplying the square root of the number of dwelling-houses in the division by the square root of the number of square miles in each division, and the product shall be taken as the number of miles travelled for all purposes in taking this census. Additional com duties. SEC. 13. And be it further enacted, That in addition to cised dues pe- the compensation allowed for the enumeration of the inhabitants, there shall be paid for each farm fully returned, ten cents; for each establishment of productive industry, fully taken and returned, fifteen cents; for the social statistics, two per cent. upon the amount allowed for the enumeration of population, and for each name of a deceased person returned, two cents: Provided, however, That in making returns of farms and establishments of productive industry, the instructions given by the Secretary of the Interior must be strictly observed, and no allowance shall be made for any return not authorized by such instructions, or for any returns not limited to the year next preceding the first of June next. Proviso. Non-performance of duties de meanor, SEC. 14. And be it further enacted, That any assistant clared a misde- Who, having accepted the appointment, shall, without justifiable cause, neglect, or refuse to perform the duties enjoined on him by this act, shall be guilty of a misdeineanor, and upon conviction be liable to a forfeiture of five hundred dollars; or if he shall wilfully make a false oath, it shall be deemed perjury; or if he shall wilfully make a false certificate, it shall be deemed a misdemeanor, and if convicted or found guilty of either of the last named offences, he shall forfeit and pay not exceeding five thousand dollars, and be imprisoned not less than two years. And each marshal shall be alike punishable for the two last named offences when committed by him. Persons refas mation, subject ty dollars. SEC. 15. And be it further enacted, That each and every ing to give infor- free person more than twenty years of age, belonging to any to a forfeit of thir- family residing in any subdivision, and in case of the absence of the heads and other members of any such family, then any agent of such family shall be, and each of them hereby is required, if thereto requested by the marshal or his assistant, io render a true account to the best of his or her knowledge, of every person belonging to such family, in the various particulars required in and by this act, and the tables thereto subjoined, on pain of forfeiting thirty dollars, to be sued for and recovered in an action of debt by the assistant to the use of the United States. SEC. 16. And be it further enacted, That all fines and penalties to be en alties herein provided for, may be enforced in the courts of the United States within the States or Territories where such offence shall have been cominitted, or forfeiture incurred. Fines and pen forced in the U. S. courts. Marshals and SEC. 17. And be it further enacted, That the marshals and rized to transmit their assistants are hereby authorized to transmit through the assistants autho ments relating to the census the Post appropriation of post office, any papers or documents relating to the census, by papers and docuwriting thereon Official business, census,' and subscribing the same with the addition to his name of marshal, or assistant, through free; for as the case may be; but this privilege shall extend to nothing transmitting but documents and papers relating to the census, which shall banks, &c., an pass free; and the sum of twelve thousand dollars is hereby ap- $12,000 is made. propriated out of any money in the Treasury not otherwise ap propriated for the purpose of covering the expense of transmitting the blanks and other matter through the mail, to be paid to the Post Office Department. SEC. 18. And be it further enacted, That if in any of the Territories or places where the population is sparse, the officers of the army or any persons thereto belonging, can be usefully employed in taking the census, the Secretary of War is hereby directed to afford such aid if it can be given without prejudice to the public service. Where the popuofficers and oth the army to give necessary aid. lation is sparse, ,ers belonging to The Secretary of the Interior re blanks and dis SEC. 19. And be it further enacted, That the Secretary of the Interior is hereby required to carry into effect the provisions quired to provide of this act, and to provide blanks and distribute the same among tribute them to the marshals, so that the enumeration may commence on the the marshals. first day of June next, and be taken with reference to that day in each and every district and subdivision of districts; to draw up and distribute at the same time printed instructions, defining and explaining the duties of such as collect the statistics, and the limits by which such duties are circumscribed, in a clear and intelligible manner; to see also that all due diligence is employed by the marshals and assistants to make return of their respective doings completed, at the times herein prescribed; and further, as the returns are so made, to cause the same to be classified and arranged in the best and most convenient manner for use, and lay the same before Congress at the next session thereof. And to enable him the better to discharge these duties he is hereby authorized and required to appoint a suitable and competent person as superintending clerk, who Superintending shall under his direction have the general management of matters appertaining thereto, with the privilege of franking and receiving free of charge all official documents and letters connected therewith; and the said Secretary shall also appoint such clerks and other officers as may be necessary from time to time for the efficient management of said service. And the compensation to be allowed and paid to the officers connected with the Census office, shall be as follows: For the superintending clerk two thousand five hundred dollars per annum in full for his services; and for other assistants and clerks the compensation usually paid for similar services to be fixed and allowed by the Secretary of the Interior. Provided, That no salary. Proviso. to a subordinate clerk under this section shall exceed the sum of one thousand dollars per annum. The blanks and preparatory printing for taking the census shall be prepared and executed under the direction of the Census Board; the other printing hereafter to be executed as Congress shall direct SEC. 20. And be it further enacted, That for the purpose of carrying into effect this act, and defraying the preliminary clerk and other officers ized. Salaries. author retary Census Board. The marshal to certify that the assistant has per Appropriation. expenses, there is hereby appropriated out of any money in Salary of the Sec- the Treasury not otherwise appropriated, one hundred and fifty thousand dollars; out of which the said Secretary of the Interior may allow to the person employed as secretary of the Census Board, a compensation after the rate of three thousand dollars per annum during the period he has been in their employ. SEC. 21. And be it further enacted, That whenever a marshal shall certify that an assistant has completed to his satisfacformed his duty. tion, and made return of the subdivision confided to him, and shall also certify the amount of compensation to which, under the provisions of this act, such assistant is entitled, designating how much for each kind of service, the Secretary of the Interior shall thereupon cause one-half of the sum so due to be paid to such assistant, and when the returns have been carefully examined for classification, if found executed in a manner satisfactory, then he shall also cause the other half to be paid. And he shall make payments in the manner and upon like conditions to the several marshals for their services. Tables annex. ed part of the act. If no other law of January of any SEC. 22. And be it further enacted, That the tables hereto annexed, and made part of this act, are numbered from one to six, inclusive... SEC. 23. And be it further enacted, That if no other law taking of the cen- be passed providing for the taking of the eighth, or any subsesus before the 1st quent census of the United States, on or before the first day of year, required by January of any year, when, by the Constitution of the United of the U. S., then States, any future enumeration of the inhabitants thereof is re+ the census to be quired to be taken, such census shall, in all things, be taken and completed according to the provisions of this act.. the Constitution taken according to this act. consist of two bers. H. of Reps. to SEC. 24. And be it further enacted, That from and after the hundred and thir- third day of March, one thousand eight hundred and fiftyty-three mem- three, the House of Representatives shall be composed of two hundred and thirty-three members, to be apportioned among the several States in the manner directed in the next section of this act. Enumeration to SEC. 25. And be it further enacted, That so soon as the portionment de- next and each subsequent enumeration of the inhabitants of clared, under the the several States directed by the Constitution of the United Secretary of the States to be taken, shall be completed and returned to the be made and ap direction of the Interior. office of the Department of the Interior, it shall be the duty. of the Secretary of the Interior to ascertain the aggregate rep resentative population of the United States, by adding to the whole number of free persons in all the States, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons; which aggregate population, he shall divide by the number two hundred and: thirty-three, and the product of such division, rejecting any fraction of an unit, if any such happen to remain, shall be the ratio, or rule of apportionment of representatives among the several States under such enumeration: and the said Secretary of the Department of the Interior shall then proceed, in the same manner to ascertain the representative population of each State, and to divide the whole number of the representative population of each State, by the ratio already determined by: him, as above directed; and the product of this last division 1 Proviso. shall be the number of representatives apportioned to such State under the then last enumeration: Provided, That the loss in the number of members caused by the fractions remaining in the several States, on the division of the population thereof, shall be compensated for by assigning to so many States having the largest fractions, one additional member each for its fraction as may be necessary to make the whole number of representatives two hundred and thirty-three. And provided Further proviso. also, That if after the apportionment of the representatives under the next, or any subsequent census, a new State or States shall be admitted into the Union, the representative or representatives assigned to such new State or States, shall be in addition to the number of representatives herein above limited; which excess of representatives over two hundred and thirtythree shall only continue until the next succeeding apportionment of representatives under the next succeeding census. Certificate the number ⚫tioned to State. of of each SEC. 26. And be it further enacted, That when the Department of the Interior shall have apportioned the representa- members appor tives in the manner above directed among the several States under the next, or any subsequent enumeration of the inhab itants of the United States, he shall, as soon as practicable," made out and transmit under the seal of his office, to the House of Representatives, a certificate of the number of members apportioned to each State under the then last enumeration; and shall likewise make out and transmit without delay to the executive of each State, a certificate under his seal of office, of the number of members apportioned to such State, under such last enumeration. Statistics in regard to hemp, besides dew and SEC. 27. And be it further enacted, That the Secretary of the Interior, in his instructions to the marshals, shall direct that the statistics in regard to all other descriptions of hemp, not be taken in the embraced in the denomination of dew and water-rotted, shall returns. be taken and estimated in the returns. SCHEDULE 1.—Free Inhabitants in enumerated by me, on the in the county of day of 1850. State of Assistant. water-rotted, to |