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Auditors empowered to administer oaths, &c.

Secretary of the treasury to cause all accounts of the

to be settled

within the

accounts of the war and navy departments, to the auditors respectively charged with the examination of those accounts, and that certificates, signed by them, shall be of the same effect as that directed to be signed by the register.

§ 12. That the auditors of the public accounts shall be empowered to administer oaths or affirmations to witnesses, in any case in which they may deem it necessary for the due examination of the accounts with which they shall be charged.

13. That it shall be the duty of the secretary of the treasury to cause all accounts of the expenditure of public money to be expenditure of settled within the year, except where the distance of the places public money where such expenditure occurs may be such as to make further time necessary; and, in respect to expenditures at such places, the secretary of the treasury, with the assent of the president, shall establish fixed periods at which a settlement shall be required. And it shall be the duty of the first comptroller to lay gress, annual- before congress, annually, during the first week of their session, Ty, a list of a list of such officers as shall have failed in that year to make officers, &c. the settlement required by law.

&c.

year, except, First compe troller to lay

before con

The comp

troller to distinguish be

ces, &c.

14. That, in the annual statement of all accounts on which balances appear to have been due more than three years, which tween balan- the comptroller is now required by law to make, he shall hereafter distinguish those accounts, the balances appearing on which shall, in his opinion, be owing to difficulties of form, which he may think it equitable shall be removed by an act of congress; Comptroller and where the debtors, by whom such balances shall have been not required to due more than three years, shall be insolvent, and have been lances where reported to congress for three successive years as insolvent, the been reported comptroller shall not be required in such case to continue to ininsolvent, &c. clude such balances in the statement above mentioned.

include ba

debtors have

Salary of the 15. That the salary of the comptroller, appointed by virtue second comp- of this act, shall be three thousand dollars per annum, and that of the auditors, each, three thousand dollars per annum.

troller, &c. 3,000 dolls. per annum. Letters, &c. to and from the second comptroller

free.

and auditors, Secretary of the treasury

to assign clerk hire, &c.

Vol. i. r, 664.

Additional an

nual allowance of 150

dolls. to the

16. That all letters and packages, to and from the comptroller and auditors herein before mentioned, be conveyed free of postage, under the same regulations that are provided by law for other officers of government; and the secretary of the treasury is hereby authorized to assign the several sums appropriated for clerk hire in the offices of the accountant, additional accountant, superintendent general of military supplies, and accountant of the navy, to the officers hereby created, to which their respective duties shall be assigned. ́ [Approved, March 3, 1817.]

CHAP. 222. An act respecting the compensation of the collectors therein mentioned.

1. Be it enacted, &c. That, from and after the last day of March instant, there shall be allowed and paid, annually, in addition to the sum now allowed by law to the collector of the collector, &c. customs for Edgartown, in the state of Massachusetts, the sum And 150 dolls. of one hundred and fifty dollars; and to the collector of the customs for Plymouth, in the state of North Carolina, there shall at Plymouth. also be paid annually the sum of one hundred and fifty dollars; in addition to the fees and other emoluments of office.

annually to

the collector

allowance to

2. That, from and after the last day of March instant, there Per centum shall be allowed to the collector of the customs for Middletown, the collectors in Connecticut, and to the collector of the customs in Newbu- of Middleryport, in the state of Massachusetts, three per centum on all Newburyport. moneys by them received on account of the duties upon importation and on tonnage. [Approved, March 3, 1817.]*

town and

CHAP. 223. An act to continue in force the second section of the act, entitled "An act sup- Vol. iii. p. plementary to an act to regulate the duties on imports and tonnage.”

1617.

ton, after

1. Be it enacted, &c. That on all foreign ships or vessels, Two dollars which shall be entered in the United States after the thirtieth 30th June, day of June next, from any foreign port or place, to and with 1817, on foreign vessels which vessels of the United States are not ordinarily permitted from foreign to enter and trade, there shall be paid a duty, at the rate of two ports, to and dollars per ton, to be levied and collected in the same manner, vessels of the and under the same regulations, as are prescribed by law in re- not ordinarily lation to the duties upon tonnage now in force. Approved, permitted to March 3, 1817.]

with which

U. States are

enter and

trade.

1587.

calculated on

the article

CHAP. 224. An act supplementary to " An act to regulate the duties on imports and tonnage." Vol. iii. p. § 1. Be it enacted, &c. That in all cases whese an ad valorem ad valorem duty shall be charged, it shall be calculated on the nett cost of duty to be the article at the place whence imported, (exclusive of packages, the nett cost of commissions, charges of transportation, export duty, and all whence imother charges,) with the usual addition, established by law, of ported, exclutwenty per cent. on all merchandise imported from places be- sive of packyond the Cape of Good Hope, and of ten per cent. on articles imported from all other places. [Approved, March 3, 1817.]

ages, &c.

Repealed.

1694.

Persons fitting

to be employ

against a

to fine and im

CHAP. 231. An act more effectually to preserve the neutral relations of the United States. Vol. iii. p. §1. Be it enacted, &c. That if any person shall, within the out and armlimits of the United States, fit out and arm, or attempt to fit out ing, &c. vesand arm, or procure to be fitted out and armed, or shall know- sels intended ingly be concerned in the furnishing, fitting out, or arming, of ed to commit any such ship or vessel, with intent that such ship or vessel shall hostilities be employed in the service of any foreign prince or state, or of friendly powany colony, district, or people, to cruise or commit hostilities, er, are liable or to aid or co-operate in any warlike measure whatever, against prisonment, the subjects, citizens, or property, of any prince or state, or of &c. any colony, district, or people, with whom the United States are at peace, every such person, so offending, shall, upon conviction, be adjudged guilty of a high misdemeanor, and shall be fined and Fine not to eximprisoned at the discretion of the court in which the conviction ceed 10,000 shall be had, so as the fine to be imposed shall in no case be prisonment 10 more than ten thousand dollars, and the term of imprisonment years. shall not exceed ten years; and every such ship or vessel, with Vessels, &c. her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited, one Half to the inhalf to the use of any person who shall give information, and the former. other half to the use of the United States.

dolls. nor im

forfeited.

Owners of

armed vessels

sailing from ports of the

United States, ing wholly or

the owners be

in part citi

zens, to give

bond, &c.

The collectors

of the customs

which consist

arms, &c.

when circum

it probable

§ 2. That the owners of all armed ships, sailing out of the ports of the United States, and owned wholly, or in part, by citizens thereof, shall enter into bond to the United States, with sufficient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed by such owners in cruising or committing hostilities, or in aiding, or co-operating, in any warlike measure, against the subjects, citizens, or property, of any prince or state, or of any colony, district, or people, with whom the United States are at peace.

3. That the collectors of the customs be, and they are hereauthorized to by, respectively, authorized, and required, to detain any vessel detain vessels manifestly built for warlike purposes, and about to depart from built for war- the United States, of which the cargo shall principally consist the cargoes of of arms and munitions of war, when the number of men shipped principally of on board, or other, circumstances, shall render it probable that such vessel is intended to be employed by the owner, or owners, stances render to cruise or commit hostilities upon the subjects, citizens, or prothey are inten-perty, of any prince or state, or of any colony, district, or people, ded to commit with whom the United States are at peace, until the decision of against friend- the president be had thereupon, or until the owner enters into ly powers, &c. bond and sureties to the United States, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the said ship or vessel shall not be employed by the owner or owners, in cruising or committing hostilities, or in aiding or co-operating in any warlike measure against the subjects, citizens, or property, of any prince or state, or of any colony, district, or people, with whom the United States are at peace.

hostilities

Persons increasing or augmenting the force of armed vessels

in the service

of a foreign

ed in hostili

tion at peace

4. That if any person shall, within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel, which, at the time of her arrival within the power engag- United States, was a ship of war, cruiser, or other armed vessel, ties with a na- in the service of a foreign prince or state, or of any colony, diswith the Unit- trict, or people, or belonging to the subjects or citizens of any such ed States, &c. prince, state, colony, district, or people, the same being at war and imprison with any foreign prince or state with whom the United States are at peace, by adding to the number or size of the guns of such vessels prepared for use, or by the addition thereto of any equipment solely applicable to war, every such person, so offending, shall, upon conviction, be adjudged guilty of a misdeFine not to ex- meanor, and shall be fined and imprisoned, at the discretion of the court in which the conviction shall be had, so as that such fines shall not exceed one thousand dollars, nor the term of imprisonment be more than one year.

subject to fine

ment.

ceed 1000

dolls. nor imprisonment

one year.

This act in

force for two years.

Obsolete.

That part

of the Mississippi

5. That this act shall continue in force for the term of two years. [Approved, March 3, 1817.]

CHAP. 232. An act to establish a separate territorial government for the castern part of the Mississippi territory.

§ 1. Be it enacted, &c. That all that part of the Mississippi

a territory,

abama.

territory which lies within the following boundaries, to wit: be- territory deginning at the point where the line of the thirty-first degree of scribed to be north latitude intersects the Perdido river, thence east to the and called Alwestern boundary line of the state of Georgia, thence along said line to the southern boundary line to the state of Tennessee, thence west along said boundary line to the Tennessee river, thence up the same to the mouth of Bear creek, thence by a direct line to the northwest corner of Washington county, thence due south to the Gulf of Mexico, thence eastwardly, including all the islands within six leagues of the shore, to the Perdido river, and thence up the same to the beginning; shall, for the purpose of a temporary government, constitute a separate territory, and be called "Alabama."

laws in force to

vided.

§ 2. That all offices which may exist, and all laws which may Existing offibe in force, in said territory, within the boundaries above de- ces and the scribed, at the time this act shall go into effect, shall continue to continue until exist, and be in force, until otherwise provided by law. And the otherwise propresident of the United States shall have power to appoint a Governor and governor and secretary for the said Alabama territory, who shall, secretary, &c. respectively, exercise the same power, perform the same duties, and receive for their services the same compensation, as are provided for the governor and secretary of the Mississippi territory: Provided, That the appointment of said governor and se- Proviso; appointments to cretary shall be submitted to the senate, for their advice and con- be submitted sent, at the next session of congress.

to the senate.

more than

3. That there shall be appointed an additional judge of the An additional judge, &c. Mississippi territory, who shall reside in the eastern part thereof, and receive the same compensation as the other judges; and that Jurisdiction of the judge appointed by virtue of an act, passed the twenty- judges, &c. seventh day of March, one thousand eight hundred and four, for the appointment of an additional judge for the Mississippi territory, together with the judge appointed for Madison county, and the judge to be appointed by virtue of this act, shall possess and exercise exclusive original jurisdiction in the superior courts of Washington, Baldwin, Clark, Monroe, Montgomery, Wayne, Green, Jackson, Mobile, Madison, and of such new counties as may be formed out of them, and shall arrange the same among themselves, from time so time: Provided, That no judge shall sit Proviso; no more than twice in succession in the same court, and that the judge to sit other judges of the Mississippi territory shall exercise, as hereto- twice in sucfore authorized by an act of congress, or of the territorial legislature, exclusive jurisdiction in the superior courts of the other &c. counties. That a general court, to be composed of the judge A general appointed by virtue of the act of twenty-seventh of March, one holden at St. thousand eight hundred and four, the judge appointed for Ma- Stephens, on dison county, and the judge to be appointed by virtue of this act, days of Januaor any two of them, shall be holden at St. Stephens, commenc- ry and July, ing on the first Mondays of January and July, annually, who annually, &c. shall have the same power of issuing writs of error to the superior courts of the counties mentioned in this section, or which shall hereafter be formed in the eastern division of the territory, which was given by the act for the appointment of an additional judge, passed [in] the year one thousand eight hundred and four, to

cession in the same court,

court to be

the first Mon

Power and jurisdiction of the general

court.

the superior court of Adams district, and which shall possess, exclusively of the courts of the several counties, the federal jurisdiction given to the superior courts of the territories, by an act passed the third day of March, one thousand eight hundred and five, entitled "An act to extend jurisdiction in certain cases to Vol. ii. p. 975. the territorial courts."

Legislative council and

resentatives,

&c.

4. That the governor, to be appointed under the authority house of rep- of this act, shall, immediately after entering into office, convene, at the town of St. Stephens, such of the members of the legislative council and house of representatives of the Mississippi territory, as may then be the representatives from the several counties within the limits of the territory to be established by this act; and the said members shall constitute the legislative council and house of representatives for the aforesaid Alabama territory, whose powers, in relation to the said territory, shall be, until the expiration of the term for which they shall have been chosen, or until congress shall otherwise provide, the same, in all respects, as are now possessed by the legislative council and house of representatives of the Mississippi territory; and the said, legislative council and house of representatives of the Alabama territory, so formed, shall have power to nominate six persons to President to the president of the United States, three of whom shall be selectbers of the leg- ed by him for members of the legislative council, in addition to islative coun- the number which the said territory may possess agreeably to the cil, in addition, foregoing provisions of this section. The said legislative council and house of representatives shall also have power to select a A delegate to delegate to congress, who shall, in all respects, possess the same rights and immunities as other delegates from territories of the United States.

select mem

&c.

congress.

Time at which this act shall commence and be in force, &c.

Persons in office to continue, &c.

Judicial process as heretofore,&c.

5. That this act shall commence and be in force so soon as the convention, the appointment whereof has been authorized by congress at their present session, shall have formed a constitution and state government for that part of the Mississippi territory lying west of the territory herein described; of which act of convention the governor of the Mississippi, for the time being, shall give immediate notice to the president of the United States, who shall thereupon forthwith proceed to the execution of the powers vested in him by the second section of this act; but in case said convention shall fail to form a constitution and state government, as aforesaid, then this act shall become null and void, except so far as relates to the third section thereof, which shall take effect, and be in force, from and after the passage of this act.

$6. That all persons who shall be in office, within the territory hereby established, when the said convention shall have formed a constitution and state government, as aforesaid, shall continue to hold and exercise their offices, in all respects, as if this act had never been made; and the governor and secretary of the Mississippi territory, for the time being, shall continue to exercise the duties of their respective offices, in relation to the territory hereby established, until a governor and secretary shall be appointed therefor in pursuance to this act.

§ 7. That all judicial process in the said territory of Alabama

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