parts of acts, $10. That every act, and every part of any act, of congress Acts, and now in force, within the purview and meaning of this act, be, &c. repealed. and the same are hereby, repealed. packets to and § 11. That all letters and packets to and from the adjutant Letters and and inspector general, adjutants general, inspectors general, from the adju quartermasters general, commissary general of ordnance, phy- tant and insician and surgeon general, and apothecary general, which relateral, &c. free to their official duties, shall be free from postage. spector gene of postage. empowered to number of cess, &c. $ 12. That the president of the United States be, and he is The president hereby, authorized to appoint any of the officers authorized by appoint, &c. an act, entitled "An act making provision for an additional an additional number of general officers," passed the twenty-fifth day of Feb- general offiruary, one thousand eight hundred and thirteen, during, the re- cers, in the recess of the senate, to be submitted to the senate at their next session for their advice and consent; and that no officer ap- poppointed, or who may be appointed, by virtue of the aforesaid act, led to any shall be entitled to receive any pay or emolument until he shall pay till called be called into actual service, nor for any longer time than he service. shall be continued therein. [Approved, March 3, 1813.] No officer ap into actual CHAP. [195.] An act to revive and continue in force "An act declaring the consent of Obsolete. congress to an act of the state of Georgia, passed the twelfth day of December, one Vol. ii. p. 1194 thousand eight hundred and four, establishing the fees of the harbor master and health of ficer of the ports of Savannah and St. Mary's. sent of con § 1. Be it enacted, &c. That the act of congress, passed the The act of the 2d March, second day of March, one thousand eight hundred and eleven, 1811, declarentitled "An act declaring the consent of congress to an act of ing the conthe state of Georgia, passed the twelfth day of December, one gress to an act thousand eight hundred and four, establishing the fees of the of the state of Georgia, reharbor master and health officer of the ports of Savannah and vived, and St. Mary's," be, and the same is hereby, revived, and continued continued unin force for one year, and from thence to the end of the next session of congress, and no longer. [Approved, March 3, 1813.] CHAP. [196.] An act supplementary to the act for increasing the navy. til, &c. Vol. ii.p. 1374. 1503. Armed vessels § 1. Be it enacted, &c. That the president be, and he is here- Six sloops of by, authorized to have built six sloops of war, and to have the war to be built. same manned, equipped, and commissioned, for service; and also to be that the president be authorized to have built, or procured, such equipped on a number of sloops of war, or other armed vessels, to be manned, equipped, and commissioned, as the public service may require, on the lakes. the lakes. appoint offi 2. That the president be, and he is hereby, authorized to The president appoint such officers, and to employ the number of seamen authorized to which may be necessary, for such vessels as are authorized by cers and emlaw to be put in commission, any law to the contrary notwith- ploy seamen. standing. 3. That, for the building or procuring said vessels, and for 900,000 dolls. appropriated the payment of two hundred thousand dollars for vessels already for procuring procured on the lakes, by direction of the president, that the sum the vessels. of nine hundred thousand dollars, out of any money in the treasury, not otherwise appropriated, be, and the same is hereby, appropriated. VOL. II. 145 100,000 dolls. appropriated ing a dockyard, &c. § 4. That the sum of one hundred thousand dollars be approfor establish- priated for the purpose of establishing a dockyard, for repairing the vessels of war, in such central and convenient place on the seaboard as the president of the United States shall designate. 5. That the president be, and he is hereby, authorized to contract for the building any of the six forty-four gun ships auProviso; the thorized by law: Provided, That the building be under inspecbuilding to be tion of an agent appointed by the secretary of the navy. The president under the in agent. spection of an 6. That the president of the United States be authorized to The president sell or dispose of such and so many of the gunboats belonging authorized to to the United States as may have become unfit for service, or as, the gunboats in his judgment, may no longer be necessary to be retained by the government. [Approved, March 3, 1813.] as, &c. Vol. ii. p. 1203. CHAP. [202.] An act altering the time for holding the district court in the district of Maine. The session § 1. Be it enacted, &c. That the session of the district court appointed to be held on the for the district of Maine, by law appointed to be holden at Wisfirst Tuesday casset on the first Tuesday in March, shall, from and after the in March, toj be held, after, first day of April next, be holden at Wiscasset on the last Tuesday of February, annually, any law to the contrary notwithstandof February. ing. [Approved, March 3, 1813.] &c. on the last Tuesday Obsolete. In cases wherein any violations of the laws and usaperpetrated, ges of war are &c. on any citizens, &c. the president authorized to cause retaliation to be made, &c. In cases where any liance with the British go vernment, on CHAP. [203.] An act vesting in the president of the United States the power of retaliation. § 1. Be it enacted, &c. That in all and every case wherein, during the present war between the United States of America and the United Kingdom of Great Britain and Ireland, any violations of the laws and usages of war, among civilized nations, shall be, or have been, done and perpetrated by those acting under authority of the British government, on any of the citizens of the United States, or persons in the land or naval service of the United States, the president of the United States is hereby authorized to cause full an ample retaliation to be made, according to the laws and usages of war among civilized nations, for all and every such violation as aforesaid. § 2. That in all cases where any outrage or act of cruelty or outrage, &c. barbarity shall be, or has been, practised by any Indian or Indimay be prac- ans, in alliance with the British government, or in connexion Indians in al- with those acting under the authority of the said government, on citizens of the United States, or those under its protection, the president of the United States is hereby authorized to cause full and ample retaliation to be done and executed on such British subjects, soldiers, seamen, or marines, or Indians in alliance or connexion with Great Britain, being prisoners of war, as if the same outrage or act of cruelty or barbarity had been done under the authority of the British government. [Approved, March 3, 1813.] citizens, &c. the president to cause re taliation on British sub jects. ACTS OF THE THIRTEENTH CONGRESS OF THE UNITED STATES: Passed at the first session, which was begun and held at the City of Washington, in the District of Columbia, on Monday, the 24th of May, 1813, and ended on the 2d of August, in the same year. JAMES MADISON, President. E. GERRY, Vice President, and President of the Senate. H. CLAY, Speaker of the House of Representatives. CHAP. [2] An act for the government of persons in certain fisheries. Vol. ii. p. 1350. vessel of 20 make, before the voyage, a ment with &c. The agree 1. Be it enacted, &c. That the master or skipper of any ves- The master or sel of the burthen of twenty tons or upwards, qualified accord- skipper of any ing to law for carrying on the bank and other cod fisheries, bound tons or upfrom a port of the United States, to be employed in any such wards, to fishery, at sea, shall, before proceeding on such fishing voyage, proceeding on make an agreement in writing or print with every fisherman who written or may be employed therein, (except only an apprentice or servant printed agreeof himself or owner) and, in addition to such terms of shipment every fisheras may be agreed on, shall, in such agreement, express whether man, except, the same is to continue for one voyage or for the fishing season, and shall also express that the fish or the proceeds of such fishing voyage or voyages, which may appertain to the fishermen, shall be divided among them in proportion to the quantities or number of said fish which they may respectively have caught; which agreement shall be endorsed or countersigned by the own- ment to be ener of such fishing vessel or his agent. And if any fisherman, dorsed by the having engaged himself for a voyage, or for the fishing season, Fishermen in any fishing vessel, and signed an agreement therefor, as afore- having signed said, shall thereafter, and while such agreement remains in force and deserting, and to be performed, desert or absent himself from such vessel liable to the without leave of the master or skipper thereof, or of the owner ties as desertor his agent, such deserter shall be liable to the same penalties ing seamen, as deserting seaman or mariners are subject to in the merchant service, and may, in the like manner, and upon the like com- Vol. i. p. 102. plaint and proof, be apprehended and detained; and all costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish, or proceeds of any fishing voyage, to which such deserter had or shall become entitled. And any fisherman, having engaged himself as aforesaid, who having enshall, during such fishing voyage, refuse or neglect his proper gaged, &c. duty on board the fishing vessel, being thereto ordered or requir- lecting their owner, &c. an agreement, same penal &c. Fishermen and neg being answer &c. duty, besides ed by the master or skipper thereof, or shall otherwise resist his able for dama- just commands, to the hindrance or detriment of such voyage, ges, to forfeit, besides being answerable for all damages arising thereby, shall forfeit, to the use of the owner of such vessel, his share of any public allowance which may be paid upon such voyage. Where an § 2. That where an agreement or contract shall be so made been signed, and signed, for a fishing voyage, or for the fishing season, and &c. the vessel any fish, which may have been caught on board such vessel dursix months af- ing the same, shall be delivered to the owner or to his agent for ter the sale for cure, and shall be sold by said owner or agent, such vessel shall, the skipper's and every fish- for the term of six months after such sale, be liable and answeraerman's share, ble for the skipper's and every other fisherman's share of such agreement has to be liable for &c. for the value of fish, and may be proceeded against in the same form, and to, the same effect, as any other vessel is by law liable and may be proceeded against for the wages of seamen or mariners in the merUpon process chant service. And upon such process for the value of a share shares of fish or shares of the proceeds of fish delivered and sold as aforesaid, delivered and it shall be incumbent on the owner or his agent to produce a er, &c. is to just account of the sales and division of such fish, according to produce a just such agreement or contract; otherwise the said vessel shall be sales and divi- answerable, upon such process, for what may be the highest vasion, but may lue of the share or shares demanded. But in all cases the owner count of gene- of such vessel or his agent, appearing to answer to such process, ral supplies, sold, the own account of the offer his ac &c. process is is sued against ble, if the own may offer thereupon his account of general supplies made for such fishing voyage, and of other supplies therefor made, to either of the demandants, and shall be allowed to produce evidence thereof in answer to their demands, respectively; and judgment shall be rendered upon such process for the respective balances which, upon such an inquiry, shall appear: Provided Proviso; when always, That when process shall be issued against any vessel liable as aforesaid, if the owner thereof, or his agent, will give bond any vessel lia- to each fisherman in whose favor such process shall be instituted, er, &c. will with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, Proviso; no- there shall be an immediate discharge of such vessel: Provided, thing herein to prevent a fish- That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish, or the proceeds thereof, as aforesaid. [Approved, June 19, 1813.] give bond, the vessel to be discharged. erman from having his action at com mon law. Obsolete. Vol. ii. p. 1509. Five regi CHAP. [4.] An act to amend the "Act in addition to the act, entitled "An act to raise an additional military force, and for other purposes." § 1. Be it enacted, &c. That five of the regiments which were ments may be enlisted for authorized to be raised by "An act in addition to the act, entithe war, &c. tled "An act to raise an additional military force, and for other to the defence purposes," passed the twenty-ninth day of January, one thousand of the sea- eight hundred and thirteen, may, at the discretion of the presi and be limited board. dent of the United States, be enlisted for and during the war, unless sooner discharged, and be limited, as to service, to the defence of the seaboard of the United States, or of such part thereof as the president may elect and determine. cruited allow men enlisted § 2. That each man recruited under the authority of this act, Each man rebe allowed the same bounty, in money and land, as is allowed ed the same by law to men enlisted for five years, or for the war; and that bounty, &c. as the officers, noncommissioned officers, musicians, and privates, for five years. shall receive the same pay, clothing, subsistence, and forage, be Officers, prientitled to the same benefits, be subject to the same rules and vates, &c. placed on the regulations, and be placed, in every respect, on the same foot- same footing ing, as the other regular troops of the United States. [Approv- lar troops. ed, July 5, 1813.] as other regu CHAP. [6.] An act authorizing the president of the United States to cause to be built barg- Repealed. es for the defence of the ports and harbors of the United States. Vol. ii. p. 1503. to cause to be protect the 1. Be it enacted, &c. That, for the protection of the ports The president and harbors of the United States, the president shall cause to be built a number built, without delay, such number of barges as he may deem of barges to necessary, to be armed, equipped, and manned, as he may di- ports and harrect, of a size not less than forty-five feet long, and capable of bors of the carrying heavy guns. United States. 2. That, for the purpose aforesaid, the sum of two hundred 250,000 dolls. appropriated and fifty thousand dollars be, and the same is hereby, appropriat- for the pured, to be paid out of any money in the treasury, not otherwise pose. appropriated. [Approved, July 5, 1813.] The secretary, &c. to issue military land warrants to persons, their claims, CHAP. [7.] An act further extending the time for issuing and locating military land warrants. Vol.ii. p. 1130. 1. Be it enacted, &c. That the secretary of war be authorized to issue military land warrants to such persons as have or shall, before the first day of March, one thousand eight hundred and sixteen, produce to him satisfactory evidence of the validity of &c. producing their claims; which warrants, with those heretofore issued and evidence of not yet satisfied, shall and may be located, in the name of the &c. holders or proprietors thereof, prior to the first day of October, The warrants one thousand eight hundred and sixteen, on any unlocated parts may be locatof the fifty quarter townships and the fractional quarter town- of the holders, ships reserved by law for original holders of military land warrants. And patents shall be granted for the land located under Patents to be this act, in the same manner as is directed by former acts for granted as digranting military lands. [Approved, July 5, 1813.] CHAP. [9.] An act freeing from postage all letters and packets to and from the superintend ent general of military supplies. ed in the name &c. rected, &c. to and from the 1. Be it enacted, &c. That all letters and packets to and from Letters, &c. the superintendent general of military supplies, which relate to superintendhis official duties, shall be free from postage. [Approved, July ent general, 13, 1813.] CHAP. [10.] An act to relinquish the claims of the United States to certain goods, wares, and merchandise, captured by private armed vessels. &c. free from postage. Obsolete. All right and § 1. Be it enacted, &c. That all right and claim which may claim to goods, have accrued to the United States, under an act, entitled "An &c.the proper 1 |