seized.

all ships or vessels of the United States, wheresoever found, which may have taken on 3 March 1819. board, or which may be intended for the purpose of taking on board, or of transporting, Vessels to be or may have transported, any negro, mulatto or person of color, in violation of any of the provisions of the act entitled "An act in addition to an act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord 1808, and to repeal certain parts of the same," or of any other act or acts prohibiting the traffic in slaves, to be proceeded against according to law. And the proceeds of all ships and vessels, their tackle, Distribution of apparel and furniture, and the goods and effects on board of them, which shall be so proceeds. seized, prosecuted and condemned, shall be divided equally between the United States and the officers and men who shall seize, take or bring the same into port for condemnation, (a) whether such seizure be made by an armed vessel of the United States or revenue cutter thereof; and the same shall be distributed in like manner as is provided by law for the distribution of prizes taken from an enemy: Provided, That the officers and men, Negroes to be de to be entitled to one-half of the proceeds aforesaid, shall safe keep every negro, mulatto livered to the or person of color, found on board of any ship or vessel so seized, taken or brought into port, for condemnation, and shall deliver every such negro, mulatto or person of color, to the marshal of the district into which they are brought, if into a port of the United States, or, if elsewhere, to such person or persons as shall be lawfully appointed by the president of the United States, in the manner hereinafter directed; transmitting to the president of the United States, as soon as may be after such delivery, a descriptive list of such negroes, mulattoes or persons of color, that he may give directions for the disposal of them: And provided further, That the commanders of such commissioned ves- Parties found on sels do cause to be apprehended, and taken into custody, every person found on board board to be apprehended. of such vessel, so seized and taken, being of the officers or crew thereof, and him or them convey, as soon as conveniently may be, to the civil authority of the United States, to be proceeded against, in due course of law, in some of the districts thereof.

marshal, &c.

27. That the president of the United States be and he is hereby authorized to make Ibid. 22. such regulations and arrangements as he may deem expedient for the safe keeping, sup- President to port and removal beyond the limits of the United States, of all such negroes, mulattoes, make regulations for disposal of or persons of color, as may be so delivered and brought within their jurisdiction.(b) such negroes. And to appoint a proper person or persons, residing upon the coast of Africa, as agent To appoint agents or agents for receiving the negroes, mulattoes, or persons of color, delivered from on board vessels, seized in the prosecution of the slave trade, by commanders of the United States' armed vessels. (c)

in Africa.

Ibid. 23.

28. That a bounty of twenty-five dollars be paid to the officers and crews of the com-. missioned vessels of the United States, or revenue cutters, for each and every negro, Bounty for each mulatto or person of color, who shall have been, as herein before provided, delivered to negro taken. the marshal or agent duly appointed to receive them. And the secretary of the treasury

is hereby authorized and required to pay or cause to be paid, to such officers and crews,

or their agent, the aforesaid bounty, for each person delivered as aforesaid.

29. When any citizen, or other person, shall lodge information, with the attorney for

Ibid. 24.

possession of

the district of any state or territory, as the case may be, that any negro, mulatto or per- District attorney son of color has been imported therein, contrary to the provisions of the acts in such to prosecute. case made and provided, it shall be the duty of the said attorney forthwith to commence a prosecution, by information; and process shall issue against the person charged with holding such negro, negroes, mulatto, mulattoes, person or persons of color, so alleged to be imported contrary to the provisions of the acts aforesaid. And if, upon the return of Marshal to take the process executed, it shall be ascertained, by the verdict of a jury, that such negro, negroes. negroes, mulatto, mulattoes, person or persons of color, have been brought in, contrary to the true intent and meaning of the acts in such cases made and provided, then the court shall direct the marshal of the said district to take the said negroes, mulattoes or persons of color into his custody, for safe keeping, subject to the orders of the president of the United States. (d) And the informer or informers, who shall have lodged the infor- Bounty to inmation, shall be entitled to receive, over and above the portion of the penalties accruing to him or them by the provisions of the acts in such case made and provided, a bounty of fifty dollars, for each and every negro, mulatto or persons of color, who shall have been delivered into the custody of the marshal; and the secretary of the treasury is hereby authorized and required to pay, or cause to be paid, the aforesaid bounty, upon the certificate of the clerk of the court for the district where the prosecution may have been had, with the seal of office thereto annexed, stating the number of negroes, mulattoes or persons of color so delivered.

30. It shall be the duty of the commander of any armed vessel of the United States, whenever he shall make any capture under the provisions of this act, to bring the vessel

former.

Ibid. 35.

3 March 1819. and her cargo, for adjudication, into some of the ports of the state or territory to which such vessel, so captured, shall belong, if he can ascertain the same; if not, then to be sent into any convenient port of the United States.

15 May 1820 4.

3 Stat. 600.

deemed piracy.

31. If any citizen of the United States, (a) being of the crew or ship's company (b) of any foreign ship or vessel engaged in the slave trade, or any person whatever, being of Slave trade to be the crew or ship's company of any ship or vessel, owned in the whole or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, (c) shall land, from any such ship or vessel, and, on any foreign shore, seize any negro or mulatto, not held to service or labor by the laws of either of the states or territories of the United States, with intent to make such negro or mulatto a slave,(d) or shall decoy, or forcibly bring or carry, or shall receive, such negro or mulatto on board any such ship or vessel, with intent as aforesaid, (e) such citizen or person shall be adjudged a pirate; and, on conviction thereof before the circuit court of the United States for the district wherein he may be brought or found, shall suffer death. (g)

And punished with death.

Ibid. 25.

32. If any citizen of the United States, being of the crew or ship's company of any foreign ship or vessel engaged in the slave trade, or any person whatever, being of the grees ith intent crew or ship's company of any ship or vessel, owned wholly or in part, or navigated for

Detaining ne

to make them

slaves, to be

piracy.

or in behalf of any citizen or citizens of the United States, (h) shall forcibly confine or detain, or aid and abet in forcibly confining or detaining, on board such ship or vessel, any negro or mulatto not held to service by the laws of either of the states or territories of the United States, with intent to make such negro or mulatto a slave; or shall, on board any such ship or vessel, offer or attempt to sell, as a slave, any negro or mulatto not held to service as aforesaid; or shall, on the high seas, or anywhere on tide water, transfer or deliver over, to any other ship or vessel, any negro or mulatto, not held to service as aforesaid, with intent to make such negro or mulatto a slave; or shall land or deliver on shore, from on board any such ship or vessel, any such negro or mulatto, with intent to make sale of, or having previously sold such negro or mulatto as a slave; such citizen or person shall be adjudged a pirate; (2) and, on conviction thereof before the circuit court of the United States for the district wherein he shall be brought or found, shall suffer death.

Smithsonian Institution.

1. Smithsonian Institution constituted.

2. Board of regents. How appointed. Vacancies, how filled. Organization. Special meetings. Travelling expenses. Disbursements. Annual report to congress.

3. Objects of art, &c., to be deposited therein. To be arranged and classified.

10 Aug. 1846 1. 9 Stat 102.

stitution consti

tuted.

4. Duties of the secretary. Pay of officers.

5. Meetings. Annual appropriation for library.

6. Disposal of other funds.

7. Proprietors of copyrights to deposit copy with librarian. 8. Right of repeal reserved.

1. James Smithson, Esquire, of London, in the kingdom of Great Britain, having by his last will and testament given the whole of his property to the United States of Smithsonian In America, to found at Washington, under the name of the "Smithsonian Institution," an establishment for the increase and diffusion of knowledge among men ; and the United States having, by an act of congress, received said property and accepted said trust; (k) therefore, for the faithful execution of said trust, according to the will of the liberal and enlightened donor: Be it enacted, That the president and vice president of the United States, the secretary of state, the secretary of the treasury, the secretary of war, the secretary of the navy, the postmaster-general, the attorney-general, (1) the chief justice,

(a) Citizenship, within the meaning of this act, is not what may be called citizenship of domicil, nor is it such citizenship as has been claimed by diplomatic assertion, under our naturalization laws, for one who has formally declared his intention to be come a citizen, without having proceeded further. But it is that citizenship which has a plain. simple, every-day meaning; that unequivocal relation between every American and his country, which binds him to allegiance, and pledges to him protection. United States v. Darnaud, 3 Wall. Jr.

(b) A passenger is not one of the crew or ship's company, within the act. United States v. Libby, 1 W. & M. 222.

(e) Ownership of the vessel by a citizen, if the accused be not himself a citizen; or citizensbip of the accused, if the ownership be not by such citizen; is an essential ingredient in the offence created by this act. United States v. Darnaud, 3 Wall. Jr.

(d) Intents and acts, tending to make some one a slave, are both necessary, under this act, to convict a person of a capital offence, though under other acts, the party may be guilty of a misdemeanor for merely transporting slaves from one place to another abroad. United States v. Libby, 1 W. & M. 222.

(e) A person having no interest in or power over the negroes, so as to impress upon them the future character of slaves, and only employed in the transportation of them for hire from port to port, is not guilty under this act. United States v. Battiste, 2 Sumn. 240. See Whart. C. L. 2 2885-6.

(g) For form of indictment, under this section, see Whart. Prec. 21093-4.

(h) The custom house registry is evidence of the national cha racter of the vessel; but in a criminal prosecution against a third person, it is very slight, if any, evidence of the real fact of owner ship. United States v. Darnaud, 3 Wall. Jr. See United States e. Brune, 2 Ibid. 264. The ownership in such a prosecution must be proved distinctly, and as other facts are proved, by common law testimony. United States v. Darnaud, ut supra.

(1) The act of receiving negroes on the coast of Africa, and of confining and detaining them on shipboard, and the siding and abetting in confining, form one transaction, and may therefore be joined in the same indictment, under different counts. Fut the selling and delivery of the negroes at the termination of the voyage, as on the coast of Cuba, seems to be a distinct transaction, and if this felony be charged in the same indictment with the other, the prosecutor will be put to his election. United States v. Darnaud. 3 Wall. Jr. For form of indictment, under this sec tion, see Whart. Prec. & 1091-2.

(k) By act 11 September 1841, the accruing interest was directed to be invested in United States stock, bearing interest at not less than five per cent. 5 Stat. 465. And the second section of the

act of 1846 directs that the fund be loaned to the United States treasury, at six per cent. 9 Stat. 102.

(1) The attorney general is by designation of person a member of the Smithsonian Institution, but it is not his duty, officially, t give advice to the regents. 6 Opin. 24.

66

and the commissioner of the patent office of the United States, and the mayor of the city 10 August 1846, of Washington, during the time for which they shall hold their respective offices, and such other persons as they may elect honorary members, be and they are hereby constituted "an establishment," by the name of the Smithsonian Institution," for the increase and diffusion of knowledge among men; and by that name shall be known and have perpetual succession, with the powers, limitations and restrictions hereinafter contained, and no other.

Ibid. 2 3.

filled.

2. The business of the said institution shall be conducted at the city of Washington by a board of regents, by the name of the regents of the "Smithsonian Institution," to Board of regents be composed of the vice president of the United States, the chief justice of the United States and the mayor of the city of Washington, during the time for which they shall hold their respective offices; three members of the senate, and three members of the house of representatives; together with six other persons, other than members of congress, two of whom shall be members of the National Institute in the city of Washington, and resident in the said city; and the other four thereof shall be inhabitants of states, and no two of them of the same state. And the regents to be selected as afore- How appointel. said shall be appointed immediately after the passage of this act-the members of the senate by the president thereof, the members of the house by the speaker thereof, and the six other persons by joint resolution of the senate and house of representatives; and the members of the house so appointed shall serve until the fourth Wednesday in December, the second next after the passage of this act; and then, and biennially thereafter, on every alternate fourth Wednesday of December, a like number shall be appointed in the same manner, to serve until the fourth Wednesday in December, the second succeeding their appointment. And the senators so appointed shall serve during the term for which they shall hold, without re-election, their office as senators. And vacancies, occa- Vacancies, how sioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. And the other six members aforesaid shall serve, two for two years, two for four years, and two for six years; the terms of service, in the first place, to be determined by lot; but, after the first term, then their regular term of service shall be six years; and new elections thereof shall be made by joint resolutions of congress; and vacancies occasioned by death, resignation or otherwise, may be filled in like manner, by joint resolution of congress. And the said regents shall meet in the city of Washington, on Organization. the first Monday of September next after the passage of this act, and organize by the election of one of their number as chancellor, who shall be the presiding officer of said board of regents, by the name of the chancellor of the "Smithsonian Institution;" and a suitable person as secretary of said institution, who shall also be the secretary of said board of regents; said board shall also elect three of their own body as an executive committee. And said regents shall then fix on the time for the regular meetings of said board; and, on application of any three of the regents to the secretary of the said insti- Special meetings tution, it shall be his duty to appoint a special meeting of the board of regents, of which he shall give notice, by letter, to each of the members; and at any meeting of said board, five shall constitute a quorum to do business. And each member of said board shall be Travelling expaid his necessary travelling and other actual expenses in attending meetings of the board, which shall be audited by the executive committee, and recorded by the secretary of said board; but his service as regent shall be gratuitous. And whenever money is Disbursements. required for the payment of the debts or performance of the contracts of the institution, incurred or entered into in conformity with the provisions of this act, or for making the purchases and executing the objects authorized by this act, the board of regents, or the executive committee thereof, may certify to the chancellor and secretary of the board that such sum of money is required, whereupon they shall examine the same, and, if they shall approve thereof, shall certify the same to the proper officer of the treasury for payment. And the said board shall submit to congress, at each session thereof, a report Annual report to of the operations, expenditures and condition of the institution.

penses.

congress.

sited therein.

and classified.

3. That in proportion as suitable arrangements can be made for their reception, all Ibid. 26. objects of art and of foreign and curious research, and all objects of natural history, Objects of art, plants, and geological and mineralogical specimens, belonging, or hereafter to belong, to &c., to be depothe United States, which may be in the city of Washington, in whosesoever custody the same may be, shall be delivered to such persons as may be authorized by the board of To be arranged regents to receive them, and shall be arranged in such order, and so classed, as best [to] facilitate the examination and study of them, in the building so as aforesaid to be erected for the institution. And the regents of said institution shall afterwards, as new specimens in natural history, geology, or mineralogy, may be obtained for the museum of the institution, by exchanges of duplicate specimens belonging to the institution, (which they are hereby authorized to make) or by donation, which they may receive, or otherwise, cause such new specimens to be also appropriately classed and arranged. And the minerals,

10 August 1816. books, manuscripts and other property of James Smithson, which have been received by the government of the United States, and are now placed in the department of state, shall be removed to said institution, and shall be preserved separate and apart from other property of the institution.

Ibid. 27. Duties of the secretary.

Pay of officers.

Ibid. 28.

Meetings.

Annual appropriation for library.

Ibid 29. Disposal of other

funds.

Ibid. 10.

Proprietors of

4. The secretary of the board of regents shall take charge of the building and property of said institution, and shall, under their direction, make a fair and accurate record of all their proceedings, to be preserved in said institution; and the said secretary shall also discharge the duties of librarian and of keeper of the museum, and may, with the consent of the board of regents, employ assistants. And the said officers shall receive for their services such sum as may be allowed by the board of regents, to be paid semiannually on the first day of January and July. And the said officers shall be removable by the board of regents, whenever, in their judgment, the interests of the institution require any of the said officers to be changed.

5. The members and honorary members of said institution may hold such stated and special meetings, for the supervision of the affairs of said institution and the advice and instruction of said board of regents, to be called in the manner provided for in the by-laws of said institution, at which the president, and in his absence the vice president, of the United States shall preside. And the said regents shall make, from the interest of said fund, an appropriation, not exceeding an average of twenty-five thousand dollars annually, for the gradual formation of a library composed of valuable works pertaining to all departments of human knowledge.

6. Of any other moneys which have accrued, or shall hereafter accrue, as interest upon the said Smithsonian fund, not herein appropriated, or not required for the purposes herein provided, the said managers are hereby authorized to make such disposal as they shall deem best suited for the promotion of the purpose of the testator, anything herein contained to the contrary notwithstanding.

7. The author or proprietor of any book, map, chart, musical composition, print, cut or engraving, for which a copyright shall be secured under the existing acts of congress, copyrights to de- or those which shall hereafter be enacted respecting copyrights, shall, within three posit copy with the librarian.

Ibid. 11.

months from the publication of said book, map, chart, musical composition, print, cut or engraving, deliver, or cause to be delivered, one copy of the same to the librarian of the Smithsonian Institution, and one copy to the librarian of congress library, for the use of the said libraries. (a)

8. There is reserved to congress the right of altering, amending, adding to or repealRight of repeal ing any of the provisions of this act: Provided, That no contract, or individual right, made or acquired under such provisions, shall be thereby divested or impaired.

reserved.

24 Feb. 1829 31. 4 Stat. 335.

circuit court.

1. The sixth circuit court of the United States, for the district of South Carolina, which is required by law to be holden on the second Monday in December, annually, shall Fall term of the hereafter be holden on the fourth Monday in November, annually; (b) and all process which shall have been issued, and all recognisances returnable, and all suits and other proceedings, which have been continued to the said court, on the day heretofore provided by law for the meeting of the same, shall be returned and held continued to the said court, at the time herein provided for the meeting thereof.

5 Stat. 731.

1 March 1845 1. 2. The spring term of said court shall be held in and for the district of South Car lina, at Charleston, on the Wednesday preceding the fourth Monday in March, after the ensuing term shall have been held at the time now appointed by law.

Spring term.

24 Sept. 1789 23. 1 Stat. 73.

II. DISTRICT COURTS.

3. That there be a court called a district court in each of the aforementioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and shall be called a district judge, and shall hold annually four sessions, the first of which (a) This section does not make the delivery of such copies, a pre- (b) At Columbia, by acts 24 September 1789 2 5. 1 Stat. 75; requisite to a title to a copyright for the work. Jollie v. Jaques, and 25 May 1824. 4 Stat. 34. 1 Blatch. 618.

established.

Terms.

to commence as follows, to wit: *** in the district of South Carolina, on the third 24 Sept. 1789. Monday in March and September, the first Monday in July, and the second Monday in District court December of each and every year, commencing in December next; and the district judge shall have power to hold special courts at his discretion. That the stated district court shall be held at the places following, to wit: *** in the district of South Carolina, at Where holden. Charleston; *** and that the special courts shall be held at the same place as the stated courts; *** and that in the districts that have but one place for holding the district court, the records thereof shall be kept at that place.

3 Stat. 726.

districts.

courts.

4. That the state of South Carolina be and the same is hereby divided into two dis- 21 Feb. 1823 ? L tricts, in manner following, that is to say: the districts of Lancaster, Chester, York, Union, Spartanburg, Greenville, Pendleton, Abbeville, Edgefield, Newberry, Laurens Divided into two and Fairfield, shall compose one district, to be called the western district; and the residue of the state shall form one other district, to be called the eastern district. And the Terms of the terms of the said district court for the eastern district, shall be held in Charleston, at such times as they are now by law directed to be holden. And for the trial of all such criminal and civil causes as are by law cognisable in the district courts of the United States which may hereafter arise or be prosecuted, or sued within the said western district, there shall be one annual session of the said district court [holden at Laurens Court-house, to begin on the second Monday in May in each year;] to be holden by the district judge of the United States of the state of South Carolina. And he is hereby Special sessions. authorized and directed to hold such other special sessions as may be necessary for the dispatch of the causes in the said court, at such time or times as he may deem expedient; and may adjourn such special sessions to any other time previous to a stated session.

11 Stat. 43.

district to be

5. That so much of the act of congress, passed the 25th May 1824, as provides for 16 Aug. 1856 ? 1. holding the district court of the United States at Laurens Court-house, South Carolina, on the Tuesday next ensuing after the adjournment of the circuit court of the United Court for western States at Columbia, be and the same is hereby repealed; and in place thereof the said holden at Greencourt shall be holden at Greenville Court house, South Carolina, on the first Monday in August in each year.

ville.

Ibid. 22.

6. That the jurors for the said court, grand as well as petit, be drawn from the inhabitants of Greenville district, South Carolina, who are or may be liable, according to the How jurors to be laws of South Carolina, to do jury duty in the courts of law in the said state; and that drawn. the jurors to be drawn for the first term of the said court shall be drawn at the term of the district court to be holden in the city of Charleston: Provided, That they shall be drawn at least ninety days previous to the time appointed for holding the said court at Greenville; but from and after the holding of the first term of the said court, all jurors for the next succeeding term shall be drawn at Greenville during the sitting of the said

court.

Ibid. 3.

7. The said district court for Greenville, in addition to the ordinary jurisdiction and powers of a district court of the United States, shall have jurisdiction of all causes Circuit court (except appeals and writs of error) which now are or may be hereafter made cognisable powers. in a circuit court of the United States, and shall proceed in the same manner as a circuit

court.

III. COLLECTION DISTRICTS.

1 Stat. 636.

8. In the state of South Carolina there shall be three districts, to wit: Georgetown, 2 March 1799 2 13 Charleston and Beaufort, each of which shall be a port of entry. The district of Georgetown shall include the shores, inlets and rivers, from the boundary of North Carolina to Georgetown. the point of Cape Romain. The district of Charleston shall include all the shores, inlets Charleston. and rivers, from Cape Romain to Combahee river, inclusive. And the district of Beaufort Beaufort. shall include the shores, inlets and rivers, from Combahee river to Back river in Georgia, comprehending all the shores, inlets and harbors, formed by the different bars and sea islands lying within each district respectively. And a collector, naval officer and surveyor shall be appointed, to reside at Charleston, and a collector at each of the other ports.