Oath of office

§ 3. That the said principal officer, and every other person to of the secreta- be appointed or employed in the said department, shall, before he ry of war and his clerks. enters on the execution of his office or employment, take an oath or affirmation well and faithfully to execute the trust committed to him.

Secretary to take charge of papers, &c. of the former

§ 4. That the secretary for the department of war, to be appointed in consequence of this act, shall, forthwith after his appointment, be entitled to have the custody and charge of all recwar depart ords, books, and papers, in the office of secretary for the department of war, heretofore established by the United States in congress assembled. [Approved, August 7, 1789.]

ment.

Vol. ii. p. 869,

890.

Governor to make communication to

States.

CHAP. 8. An act to provide for the government of the territory north west of the river Ohio.

Whereas, in order that the ordinance of the United States in congress assembled, for the government of the territory northwest of the river Ohio, may continue to have full effect, it is requisite that certain provisions should be made, so as to adapt the same to the present constitution of the United States:

§ 1. Be it enacted, &c. That in all cases in which, by the said ordinance, any information is to be given, or communication the president made, by the governor of the said territory, to the United States of the United in congress assembled, or to any of their officers, it shall be the duty of the said governor to give such information and to make such communication to the president of the United States; and President and the president shall nominate, and, by and with the advice and consent of the senate, shall appoint all officers which, by the point territori- said ordinance, were to have been appointed by the United States in congress assembled; and all officers, so appointed, shall be commissioned by him; and in all cases where the United States commission; in congress assembled, might, by the said ordinance, revoke any commission or remove from any office, the president is hereby declared to have the same powers of revocation and removal.

senate to ap

al officers.

President to

and remove.

In case of

§ 2. That in case of the death, removal, resignation, or nedeath, remov- cessary absence, of the governor of the said territory, the secreal, &c. the setary thereof shall be, and he is hereby authorized and required cretary to execute the to execute all the powers, and perform all the duties of the er of governor governor, during the vacancy occasioned by the removal, resigduring the va- nation, or necessary absence, of the said governor. [Approved, August 7, 1789.]

cancy.

pow

Expenses of light houses, &c. to be defrayed out of § 1. Be it enacted, &c. That all expenses which shall acthe treasury crue, from and after the fifteenth day of August, one thousand Vol. i. p. 107, 232, 316, 364, seven hundred and eighty-nine, in the necessary support, maintenance, and repairs, of all light houses, beacons, buoys, and public piers, erected, placed, or sunk, before the passing of this act, at the entrance of, or within, any bay, inlet, barbor or port, of the United States, for rendering the naviga

CHAP. 9. An act for the establishment and support of light houses, beacons, buoys, and public piers.

391, 392.

Vol. iii. 1758,

1791, 1925, 1970, 1999, 2000.

made within

tion thereof easy and safe, shall be defrayed out of the treasury of the United States: Provided nevertheless, That none of the Provided a said expenses shall continue to be so defrayed by the United cession be States, after the expiration of one year from the day aforesaid, one year. unless such light houses, beacons, buoys, and public piers, shall, in the mean time, be ceded to, and vested in the United States, by the state or states, respectively, in which the same may be, together with the lands and tenements thereunto belonging, and together with the jurisdiction of the same.

Light house § 2. That a light house shall be erected near the entrance of to be erected the Chesapeake Bay, at such place, when ceded to the United near the enStates in manner aforesaid, as the president of the United States Chesapeake shall direct.

trance of the

Bay.

§ 3. That it shall be the duty of the secretary of the treasury Secretary of to provide, by contracts, which shall be approved by the presi- the treasury dent of the United States, for building a light house near the to contract for building, reentrance of Chesapeake Bay, and for rebuilding, when necessa- building, and ry, and keeping in good repair, the light houses, beacons, buoys, repairing light and public piers, in the several states, and for furnishing the houses, &c. same with all necessary supplies; and also, to agree for the sary. salaries, wages, or hire, of the person or persons appointed by the president, for the superintendence and care of the same.

when neces

existing laws of the respective states, &c.

§ 4. That all pilots in the bays, inlets, rivers, harbors, and Pilots to be reports, of the United States, shall continue to be regulated in gulated by the conformity with the existing laws of the states, respectively, wherein such pilots may be, or with such laws as the states may, respectively, hereafter enact for the purpose, until further legislative provision shall be made by congress. [Approved, August 7, 1789.]

Vol. i. p. 68,

CHAP. 11. An act for registering and clearing vessels, regulating the coasting 281. trade, and for other purposes.

What shall

her to the

§ 1. Be it enacted, &c. That any ship or vessel built within constitute a the United States, and belonging wholly to a citizen or citizens ship or vessel thereof, or not built within the said states, but, on the sixteenth of the U. S. so day of May, one thousand seven hundred and eighty-nine, be- as to entitle longing, and thereafter continuing to belong wholly to a citizen benefits of the or citizens thereof, and of which the master is a citizen of the laws of the United States, and no other, may be registered in manner U. S. bereinafter provided, and being so registered, shall be deemed and taken to be, and denominated, a ship or vessel of the United States, and entitled to the benefits granted by any law of the United States, to ships or vessels of the descriptions aforesaid.

§ 2. That the person or persons claiming property in any Vessels to be such ship or vessel, in order to entitle her to the benefits afore- registered. said, shall cause the same to be registered, and shall obtain a certificate of such registry from the collector of the district to which Certificate of such ship or vessel belongs, in manner hereinafter directed, registry. which certificate, attested by the secretary of the treasury, under

his hand and seal, and countersigned by the collector, shall be

in the form following, viz.

Form of a cer

"In pursuance of an act of the congress of the United States tificate of re- of America, entitled "An act for registering and clearing vesgistry. sels, regulating the coasting trade, and for other purposes," [here insert the name, occupation, and residence, of the subscribing owner] having taken and subscribed the oath or affirmation required by the said act, and having sworn or affirmed, that he, together with [names, occupation, and residence, of nonsubscribing owners] is [or are] sole owner [or owners] of the ship [or vessel] called the [ship's name] of [place to which the ship or vessel belongs] whereof [master's name] is at present master, and is a citizen of the United States, and that the said ship [or vessel] was [when and where built] and [name of surveying officer] having certified to us that the said ship or vessel has [number of decks] and masts, that her length is her depth

her breadth

and that she measures

tons, that she is [here desgallery and

cribe the vessel and how built] has head: And the said subscribing owners having consented and agreed to the above description and measurement, and having caused sufficient security to be given, as is required by the said act, the said [kind of vessel and name] has been duly registered at the port of Given under our hands and seals of office, at [port] this day of in the year [words at full length.] And the collector shall transmit, to the secretary of the treasury, a duplicate of every such certificate so granted. And it shall be the duty of the secretary of the treasury to transBlank certifi-mit to the collectors of the several ports of the United States, cates to be a sufficient number of certificates, attested under his hand and furnished by seal, leaving the blanks to be filled up by the collectors respec

Duplicate of certificate,

&c.

the secretary

of the treasu- tively. ry, &c.

Rule for ascertaining the tonnage of ships or vessels.

If double decked, &c.

If single decked, &c.

Port to which

§ 3. That to ascertain the tonnage of all ships or vessels, the surveyor or other person appointed by the collector to measure the same, shall take the length of every vessel, if double decked, from the fore part of the main stem to the after part of the stern post above the upper deck, the breadth at the broadest part above the main wales, and half such breadth shall be accounted the depth of every double decked vessel; he shall then deduct from the length three-fifths of the breadth, multiply the remainder by the breadth, and the product by the depth, dividing the product of the whole by ninety-five, the quotient shall be deemed the true contents or tonnage of such ship or vessel. To ascertain the tonnage of every single decked vessel, he shall take the length and breadth, as is directed to be taken for double decked vessels, and deduct three-fifths, in like manner, and the depth from the under side of the deck plank to the ceiling in the hold, and shall multiply and divide as aforesaid, and the quotient shall be deemed the true contents or tonnage of such single decked vessel.

§ 4. That the port to which any such ship or vessel shall be a vessel shall deemed to belong, agreeably to the intent and meaning of this act, shall be the port at or near which the husband, or acting and managing owner or owners, of such ship or vessel usually

be deemed to belong.

resides or reside: And the name of such ship or vessel, and of the place to which she belongs, shall be painted on her stern, on a black ground, with white letters of not less than three inches in length.

Name to be. painted on the stern, &c.

§ 5. That no ship or vessel owned in whole or in part by any Vessels of citcitizen of the United States, usually residing in any foreign in foreign izens residing country, shall, during the time he shall continue so to reside, be countries not deemed a vessel of the United States, entitled to be registered by entitled to revirtue of this act, unless he be an agent for, and partner in, some gister, except, house or copartnership, consisting of citizens of the United States, actually carrying on trade in the said States.

&c.

&c.

§ 6. That no registry shall be made or certificate granted, No registry until the following oath or affirmation be taken and subscribed, before oath, before the officer herein before authorized to make such registry and grant such certificate, (which oath or affirmation such officer is hereby empowered to administer) by the owner of such ship or vessel, if owned by one person only, or, in case there shall be two or more owners, then by any one of such owners; namely: "I ́tion] do swear or affirm, that the ship or vessel [take the description from the certificate of the surveyor, or other person authorized by this act] was built at in the year or was the entire property of on the sixteenth day af May, one thousand seven hundred and eighty-nine, and hath continued to be the property of a citizen or citizens of the United States, that master, is a citizen of the United States, and that I,

[place of residence and occupa- Form of the

of oath.

the present

and [the other owners' names, occupation, and where they respectively reside, viz. town, place, county and state, or, if resident in a foreign country, being an agent for, and partner in any house or copartnership] am, or are, sole owner or owners of the said ship or vessel, and that no other person whatever hath any property therein, and that I, the said [and the said owners, if any] am, or are, truly a citizen of the United States, and that no foreigner, directly or indirectly, hath any part or interest in the said ship or vessel."

trict may

make oath in relation to a vessel lying in

another.

§ 7. That whenever the owner or owners of such ship or ves- Owners residsel, usually resides or reside out of the district within which such ing in one disship or vessel may be at the time of granting the certificate of registry, that such owner, or where there are two or more owners, any one of them, may take and subscribe the said oath or affirmation, before the collector of the district within which he usually resides, omitting, in the said oath or affirmation, the description of such ship or vessel, as expressed in the certificate of the surveyor, and inserting in lieu thereof, the name of the port and district within which such ship or vessel may then be; and the collector, before whom such oath or affirmation may be taken and subscribed, shall transmit the same to the collector of the district where such ship or vessel may be, upon the receipt whereof the said collector shall proceed to register such ship or vessel, in like manner as though the usual and regular oath or affirmation had been taken and subscribed before him.

Duty of the collectors in

that case.

Surveyor to

measure ves

sels in the

master, or

&c.

§ 8. That the surveyor or other person, to be appointed in pursuance of this act, shall, previous to the registering or grantpresence of the ing of any certificate of registry, as aforesaid, examine and measure such ship or vessel, as to all and every particular contained other person to in the form of the certificate aforesaid, in the presence of the be appointed by the owners, master, or of any other person to be appointed for that purpose on the part of the owner or owners, and shall deliver a just and true account, in writing, of the built, description, and measurement, of every such ship or vessel, as are specified in the form of the certificate above recited, to the person authorized as aforesaid, to make such registry and grant such certificate thereof; The master or and the said master or other person attending on the part of the other person, owner or owners, is hereby required to sign his name also to the to sign the cer- certificate of the surveying or examining officer or other person measurement, duly appointed, in testimony of the truth thereof, provided such provided, &c. master or other person shall agree to the several particulars therein set forth and described.

tificate of

Bonds on granting certificates of registry.

Penalties of the bond.

the bonds;

certificates not

§ 9. That when the certificate of registry aforesaid shall be granted, sufficient security, by bond, shall be given to the collector in behalf of the United States, by the master and owner or owners, or by some other person or persons on his, her, or their, behalf, such security to be approved of by the collector, in the penalties following, that is to say; if such ship or vessel shall be above the burthen of fifteen, and not exceeding fifty tons, in the penalty of four hundred dollars; if exceeding the burthen of fifty tons, and not exceeding one hundred tons, in the penalty of eight hundred dollars; if exceeding the burthen of one hundred tons, and not exceeding two hundred tons, in the penalty of twelve hundred dollars; if exceeding the burthen of two hundred tons, and not exceeding three hundred tons, in the peInalty of sixteen hundred dollars; and if exceeding the burthen of three hundred tons, in the penalty of two thousand dollars. Condition of And the condition' of every such bond shall be, that such certificate shall not be sold, lent, or otherwise disposed of, to any perto be sold,lent, son or persons whomsoever, and that the same shall be solely used for the ship or vessel to which it is granted; and that in case such ship or vessel shall be lost or taken by an enemy, burnt, or broken up, or otherwise prevented from returning to the port to which she belongs, the certificate, if preserved, shall be delivered up within three months after the arrival of the master in any port or place in the United States, to the collector of the district where he shall arrive; and that if any foreigner, or any person or persons for his use and benefit, shall purchase or otherwise become entitled to the whole or any part or share of, or interest in, such ship or vessel, and the same shall be within any district of the United States, in such case the certificate of registry shall, within seven days after such purchase or transfer of property in such ship or vessel, be delivered up to the collector of the said district; and in case such ship or vessel shall be in any foreign port or place, or at sea, when such transfer of interest or property shall take place, the said master shall, within eight days after his arrival in any port or place within the United States, deliver up the said certificate to the collector of the dis

&c.

To be delivered up on loss of vessel;

or in case of

sale and trans

fer of the ship to a foreigner,

&c.