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ACTS OF THE THIRD CONGRESS

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THE UNITED STATES:

Passed at the first session, which was begun and held at the City of
Philadelphia, in the State of Pennsylvania, on Monday, the 2d
December, 1793, and ended on the 9th of June, 1794.

GEORGE WASHINGTON, President. JOHN ADAMS, Vice President, and President of the Senate. RALPH IZARD, President of the Senate, pro tempore, from the 4th of June. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.

CHAP. [1] An act making an alteration in the flag of the United States.

the flag of the

§ 1. Be it enacted, &c. That from and after the first day of After the 1st May, anno domini one thousand seven hundred and ninety-five, the flag of the United States be fifteen stripes, alternate red and white. That the Union be fifteen stars, white in a blue field. [Approved, January 13, 1794.]

of May, 1795, United States to consist of 15 stripes, &c. 15 stars, &c.

CHAP. [4.] An act in alteration of the act establishing a mint, and regulating the Vol. i. p. 227.

coins of the United States.

of the mint to

§ 1. Be it enacted, &c. That from and after the passing of The treasurer this act, it shall be the duty of the treasurer of the mint to re- receive and ceive, and give receipts for, all metals which may lawfully be give receipts brought to the mint to be coined; and for the purpose of ascer- for all metals, taining their respective qualities, shall deliver, from every par- &c. cel so received, a sufficient number of grains to the assayer, A number of who shall assay all such of them as may require it. And the grains from said treasurer shall, from time to time, deliver the said metals to to be delivered the chief coiner, to be coined in such quantities as the director to the assayer, of the mint may prescribe.

every parcel

&c.

to the chief coiner, &c.

§ 2. That the assayer and chief coiner of the mint, previous Treasurer to to entering upon the execution of their respective offices, shall, deliver metals each, become bound to the United States of America, with one or more sureties, to the satisfaction of the secretary of the trea- Assayer and sury, the said assayer in the sum of one thousand dollars, and chief coiner to the said chief coiner in the sum of five thousand dollars, with give bond in condition for the faithful and diligent, performance of the duties tioned, &c. of his office.

§ 3. That so much of the act, entitled "An act establishing a mint and regulating the coins of the United States," as comes within the purview of this act, be, and the same is hereby, repealed. [Approved, March 3, 1794.]

the sums men

Part of the act of 2d April, 1792, repeal

ed.

Vol. i. p. 227.

Obsolete.

Vol. i. p. 99.

1,000,000

CHAг. [7] An act making further provision for the expenses attending the intercourse of the United States with foreign nations; and further to continue in force the act, entitled "An act providing the means of intercourse between the United States and foreign nations."

§ 1. Be it enacted, &c. That a sum of one million of dollars, dolls.addition in addition to the provision heretofore made, be appropriated to al appropriated, &c. defray any expenses which may be incurred in relation to the intercourse between the United States and foreign nations, to be paid out of any moneys which may be in the treasury, not otherwise appropriated, and to be applied under the direction of the Thepresident, president of the United States, who, if necessary, is hereby auif necessary, thorized to borrow the whole or any part of the said sum of one the money,&c. million of dollars; an account of the expenditure whereof, as soon as may be, shall be laid before congress.

may borrow

The act, &c. mentioned,

continued until the 20th, March, 1795.

Vol. i. p. 99, 282.

The harbors

mentioned to

be fortified under the di

§ 2. That the act, entitled "An act providing the means of intercourse between the United States and foreign nations," passed the first day of July, one thousand seven hundred and ninety, together with the second section of the act, entitled "An act to continue in force, for a limited time, and to amend the act, entitled "An act providing the means of intercourse between the United States and foreign nations," passed the ninth day of February, one thousand seven hundred and ninety-three, shall be continued in force for the term of one year from the passing of this act, and from thence until the end of the next session of congress thereafter holden, and no longer. [Approved, March 20, 1794.]

CHAP. [9.] An act to provide for the defence of certain ports and harbors in the
United States.

§ 1. Be it enacted, &c. That the following ports and harbors be fortified, under the direction of the president of the United States, and at such time or times as he may judge necessary, to rection of the wit: Portland, in the district of Maine; Portsmouth, in the president, &c. state of New Hampshire; Gloucester, Salem, Marblehead, and Vol. i. p. 337. Boston, in the state of Massachusetts; Newport, in the state of Rhode Island; New London, in the state of Connecticut; New York; Philadelphia; Wilmington, in the state of Delaware; Baltimore, in the state of Maryland; Norfolk, and Alexandria, in the state of Virginia; Cape Fear river, and Ocracock Inlet, in the state of North Carolina; Charleston, and Georgetown, in the state of South Carolina; and Savannah, and Saint Mary's, in the state of Georgia.

The president

the U. States

&c.

Cause cannon,

§ 2. That it shall be lawful for the president of the United may employ States to employ, as garrisons, in the said fortifications, or any the troops of of them, such of the troops on the military establishment of the as garrisons, United States as he may judge necessary; and to cause to be provided one hundred cannon, of a calibre, each, to carry a ball of thirty-two pounds weight, and one hundred other cannon, of a calibre, each, to carry a ball of twenty-four pounds weight, together with the carriages and implements necessary for the same, and carriages with the necessary implements for one hundred and fifty other cannon, with two hundred and fifty tons of The president cannon shot.

shot, &c. to be provided, &c.

to receive ces

§ 3. That it shall be lawful for the president of the United

lands, &c.

States to receive from any state (in behalf of the United States) sions of, or to a cession of the lands, on which any of the fortifications afore- purchase, said, with the necessary buildings, may be erected, or intended to be erected; or, where such cessions shall not be made, to purchase such lands, on behalf of the United States: Provided, That no purchase shall be made where such lands are the property of a state. [Approved, March 20, 1794.]

CHAP. [11.] An act to prohibit the carrying on the slave trade, from the United Vol. i. p. 495. States to any foreign place or country.

others to build

slave trade to

§ 1. Be it enacted, &c. That no citizen or citizens of the Unit- No citizens or ed States, or foreigner, or any other person coming into, or or fit out vesresiding within, the same, shall, for himself or any other person sels, &c. to whatsoever, either as master, factor, or owner, build, fit, equip, carry on the load, or otherwise prepare, any ship or vessel, within any port or foreign counplace of the said United States, nor shall cause any ship or vessel tries, &c. to sail from any port or place within the same, for the purpose Vol. i. p. 780. of carrying on any trade or traffic in slaves, to any foreign 1050. Vol. iii. Vol. ii. p. 886, country; or for the purpose of procuring, from any foreign king- p. 1698, 1752, dom, place, or country, the inhabitants of such kingdom, place, 1798. or country, to be transported to any foreign country, port, or place, whatever, to be sold or disposed of as slaves: And if any Vessels fitted ship or vessel shall be so fitted out, as aforesaid, for the said pur- out, &c. to poses, or shall be caused to sail, so as aforesaid, every such ship carry on the or vessel, her tackle, furniture, apparel, and other appurtenances, be forfeited, shall be forfeited to the United States; and shall be liable to be &c seized, prosecuted, and condemned, in any of the circuit courts Vol. ii. p. 937. or district court for the district where the said ship or vessel may be found and seized.

slave trade, to

sons fitting

§ 2. That all and every person, so building, fitting out, equip- 2,000 dolls. ping, loading, or otherwise preparing, or sending away, any ship forfeit for peror vessel, knowing, or intending, that the same shall be employ- out vessels, or ed in such trade or business, contrary to the true intent and aiding, &c. meaning of this act, or any ways aiding or abetting therein, shall, severally, forfeit and pay the sum of two thousand dollars, one moiety thereof to the use of the United States, and the other moiety thereof to the use of him, or her, who shall sue for and prosecute the same.

of intention to

§ 3. That the owner, master, or factor, of each and every Owners, &c. foreign ship or vessel, clearing out for any of the coasts or king of foreign vesdoms of Africa, or suspected to be intended for the slave trade, sels, suspected and the suspicion being declared to the officer of the customs, trade in by any citizen, on oath or affirmation, and such information be- slaves, &c. to ing to the satisfaction of the said officer, shall first give bond, give bond, &c. with sufficient sureties, to the treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said ship or vessel, to be transported, or sold, as slaves, in any other foreign port or place whatever, within nine months thereafter.

Forfelt of 200

§ 4. That if any citizen or citizens of the United States shall, dolls. by citi contrary to the true intent and meaning of this act, take on zens, for eveboard, receive, or transport, any such persons, as above described, ry person rein this act, for the purpose of selling them as slaves, as aforesaid, board for the

ceived on

purpose

of being sold he or they shall forfeit and pay, for each and every person so reas a slave, &c. ceived on board, transported, or sold, as aforesaid, the sum of two hundred dollars, to be recovered in any court of the United States proper to try the same; the one moiety thereof to the use of the United States, and the other moiety to the use of such person or persons who shall sue for and prosecute the same. [Approved, March 22, 1794.]

A moiety to the person suing, &c.

Obsolete.

Vol. i. p. 416.

Depredations

CHAP. [12.] An act to provide a naval armament.

Whereas the depredations committed by the Algerine corsairs committed by on the commerce of the United States, render it necessary that Algerine cor- a naval force should be provided for its protection :

sairs, &c. The president authorized to provide 4 ships of 44, and 2 of 36, guns, &c. Officers for

the ships of 44 guns. Officers for the ships of 36 guns. Warrant offi

§ 1. Be it enacted, &c. That the president of the United States be authorized to provide, by purchase or otherwise, equip, and employ, four ships to carry forty-four guns each, and two ships to carry thirty-six guns each.

§ 2. That there shall be employed, on board each of the said slips of forty-four guns, one captain, four lieutenants, one lieutenant of marines, one chaplain, one surgeon, and two surgeon's mates; and, in each of the ships of thirty-six guns, one captain, three lieutenants, one lieutenant of marines, one surgeon, and one surgeon's mate; who shall be appointed and commissioned in like manner as other officers of the United States are.

3. That there shall be employed, in each of the said ships, cers, to be ap- the following warrant officers, who shall be appointed by the pointed by the president, &c. president of the United States, to wit: one sailing master, one purser, one boatswain, one gunner, one sailmaker, one carpenter, Petty officers, and eight midshipmen; and the following petty officers, who

&c.

Number and composition of the crews.

lieu of that

shall be appointed by the captains of the ships, respectively, in which they are to be employed, viz. two master's mates, one captain's clerk, two boatswain's mates, one cockswain, one sailmaker's mate, two gunner's mates, one yeoman of the gun room, nine quarter gunners (and, for the four larger ships) two additional quarter gunners, two carpenter's mates, one armorer, one steward, one cooper, one master at arms, and one cook.

§ 4. That the crews of each of the said ships, of forty-four guns, shall consist of one hundred and fifty seamen, one hundred and three midshipmen and ordinary seamen, one sergeant, one corporal, one drum, one fife, and fifty marines: And that the crews of each of the said ships of thirty-six guns, shall consist of one hundred and thirty able seamen and midshipmen, ninety ordinary seamen, one sergeant, two corporals, one drum, one fife, and forty marines, over and above the officers herein be fore mentioned.

The president § 5. That the president of the United States be, and he is may provide a hereby, empowered, to provide, by purchase, or otherwise, in lieu naval force, in of the said six ships, a naval force not exceeding, in the whole, prescribed, so that by this act directed, so that no ship thus provided shall carry less than thirty-two guns; or, he may so provide any proportion thereof, which, in his discretion, he may think proper.

that, &c.

Pay and subsistence of

§ 6. That the pay and subsistence of the respective commissioned and warrant officers, be as follows: A captain, seventycommissioned five dollars per month, and six rations per day: A lieutenant,

and warrant

officers.

forty dollars per month, and three rations per day; a lieutenant of marines, twenty-six dollars per month, and two rations per day; a chaplain, forty dollars per month, and two rations per day; a sailing master, forty dollars per month, and two rations per day; a surgeon, fifty dollars per month, and two rations per day; a surgeon's mate, thirty dollars per month, and two rations per day; a purser forty dollars per month, and two rations per day; a boatswain, fourteen dollars per month, and two rations per day; a gunner, fourteen dollars per month, and two rations per day; a sailmaker, fourteen dollars, per month and two rations per day; a carpenter, fourteen dollars per month, and two rations per day.

§ 7. That the pay to be allowed to the petty officers, midship- The president men, seamen, ordinary seamen, and marines, shall be fixed by to fix the pay the president of the United States: Provided, That the whole to petty officers, &c. prosum to be given for the whole pay aforesaid, shall not exceed vided, &c. twenty-seven thousand dollars per month, and that each of the said persons shall be entitled to one ration per day.

ration.

§ 8. That the ration shall consist of, as follows: Sunday, one Component pound of bread, one pound and a half of beef, and half a pint parts of the of rice Monday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese: Tuesday, one pound of bread, one pound and a half of beef, and one pound of potatoes, or turnips, and pudding: Wednesday, one pound of bread, two ounces of butter, or, in lieu thereof, six ounces of molasses, four ounces of cheese, and half a pint of rice Thursday, one pound, of bread, one pound of pork, and half a pint of peas or beans: Friday, one pound of bread, one pound of salt fish, two ounces of butter, or one gill of oil, and one pound of potatoes: Saturday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese. And there shall also be allowed one half pint of distilled spirits per day, or, in lieu thereof, one quart of beer per day, to each ration.

§ 9. That if a peace shall take place between the United States and the regency of Algiers, that no farther proceeding be had under this act. [Approved, March 27, 1794.]

CHAP. [14.] An act to provide for the erecting and repairing of arsenals and mag

azines, and for other purposes.

Spirits, or

beer, to the ration.

No further proceedings

under this act, in case of

peace with Algiers.

&c.

§ 1. Be it enacted, &c. That, for the safe keeping of the mili- Three or four tary stores, there shall be established, under the direction of the arsenals, with magazines, to president of the United States, three or four arsenals, with ma- be established, gazines, as he shall judge most expedient, in such places as will under the dibest accommodate the different parts of the United States. rection of the Either, or both, of the arsenals heretofore used at Springfield President, 0. Vol. i. p. 500. and Carlisle, to be continued as part of the said number, at his Proviso; arsediscretion Provided, That none of the said arsenals be erected, nals not to be until purchases of the land, necessary for their accommodation, be made, with the consent of the legislature of the state in which the same is intended to be erected.

erected until the land is

purchased, &c.

A national ar

§ 2. That there shall be established, at each of the aforesaid arsenals, a national armory, in which shall be employed, one mory at each superintendent, and one master armorer, (who shall be appointed nals, &c. VOL. I.

41

of the arse

Vol. i. p. 776.

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