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apothecary, once at least in every year, and supplied with fresh medicines in the place of such as shall have been used or spoiled; and in default of having such medicine chest so provided, and kept fit for use, Penalty on the the master or commander of such ship or vessel shall provide and pay master for defor all such advice, medicine, or attendance of physicians, as any of the crew shall stand in need of in case of sickness, at every port or place where the ship or vessel may touch or trade at during the voyage, without any deduction from the wages of such sick seaman or mariner.(a)

Sec. 9. And be it [further] enacted, That every ship or vessel, belonging as aforesaid, bound on a voyage across the Atlantic ocean, shall, at the 2, 1805, ch. 28. time of leaving the last port from whence she sails, have on board, well se Ships, &c. cured under deck, at least sixty gallons of water, one hundred pounds the Atlantic, of salted flesh meat, and one hundred pounds of wholesome ship-bread, what supply of for every person on board such ship or vessel, over and besides such provisions and other provisions, stores and live-stock as shall by the master or passen- laid in. gers be put on board, and in like proportion for shorter or longer voyages; and in case the crew of any ship or vessel, which shall not have been so provided, shall be put upon short allowance in water, flesh or Penalty for bread, during the voyage, the master or owner of such ship or vessel short allowance shall pay to each of the crew, one day's wages beyond the wages agreed and water.

of provisions on, for every day they shall be so put to short allowance, to be recovered in the same manner as their stipulated wages.(b)

APPROVED, July 20, 1790.

water shall be

STATUTE II.

Chap. XXX.-An Act imposing duties on the tonnage of ships or vessels. July 20, 1790.

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon Tonnage duty all ships or vessels which after the first day of September next, shall be on ships or ves.

sels of U. States, entered in the United States from any foreign port or place, there shall be paid the several and respective duties following, that is to say : On ships or vessels of the United States at the rate of six cents per ton : on on those of forships or vessels built within the United States after the twentieth day of

eigners; July last, but belonging wholly or in part to subjects of foreign powers, at the rate of thirty cents per ton : on other ships or vessels at the rate on all others. of fifty cents per ton.(c)

On ships or Sec. 2. And be it further enacted, That the aforesaid duty of six cents vessels of the per ton, shall be also paid upon every ship or vessel of the United States, V. States, trad

ing between dis. which after the said first day of September next, shall be entered in a

trict and dis. district in one state from a district in another state, other than an ad- trict.

(a) The act of Congress of July 20, 1790, for the government and regulation of seamen in the merchant service, has not changed the maritime law, except, perhaps, so far as respects medicines and medical advice, when there is a proper medicine chest, and medical directions on board the vessel. The charges for nursing and lodging are not affected by the act. Harden v. Gordon et al., 2 Mason, 541.

The expense of curing a sick seaman, in the course of a voyage, is a charge on the ship by the maritime law. Ibid.

The onus probandi in respect to the sufficiency of the medicine chest, lies on the owner, in an action by the seamen for wages. Ibid.

A stipulation that the seamen shall pay for medical advice and medicine, without any condition that there shall be a suitable medicine chest, &c., is void as contrary to the act of Congress. Ibid.

When a seaman at a foreign port, contracts an ordinary disease, without any fault of his own, and remains on board a vessel which is properly provided with a medicine chest, the expense of a physician, if necessary for the safety of his life is to be deducted from his wages. Holmes v. Hutchinson, Gilpin's Rep. 448.

(6) In reference to the claims of seamen for “ short allowance," it was decided that the navy rations furnish a rule by which the allowance to seamen shall be determined. That when the articles mentioned in the act of Congress can be procured, no substitute shall be allowed; but it is otherwise if they cannot be obtained. The ship Washington, 1 Adm. Decisions, 219.

The provisions of the act of Congress relative to short allowance, do not apply to seamen shipped while the ship is at a foreign port. Ibid.

(c) See act of March 3, 1815, obsolete ; act of April 20, 1818, obsolete; act of March 3, 1819, obso. lete,

joining state on the sea-coast, or on a navigable river, having on board goods, wares and merchandise taken in one state to be delivered in another state: Provided, That it shall not be paid on any ship or vessel having a license to trade between the different districts of the United States, or to carry on the bank or whale fisheries, whilst employed

therein, more than once a year.(a) On ships or Sec. 3. And be it further enacted, That upon every ship or vessel not vessels not of

of the United States, which after the said first day of September next, U. States, trad. ing between shall be entered in one district from another district, having on board district and disc goods, wares and merchandise taken in, in one district to be delivered

in another district, there shall be paid at the rate of fifty cents per ton. Payment of And whereas it is declared by the twenty-third section of the act, inforeign tonnage tituled "An act for registering and clearing

vessels, regulating the coastacted on certain ing trade, and for other purposes,” “That if any vessel of the burthen of vessels of the U. twenty tons or upwards, not having a certificate of registry or enrolStates, employment, and a license, shall be found trading between different districts, ed in coasting trade and fish

or be employed in the bank or whale fisheries, every such ship or vessel eries.

shall be subject to the same tonnage and fees as foreign ships or vessels," Restitution to which, from the impracticability in some cases of obtaining licenses in

Act of 1789, due season, and from misapprehension in others, has operated to the ch. 11. sec. 23. prejudice of individuals; and it being proper that relief should be granted

in cases where the strict operation of new laws may have occasioned 1799, ch. 22,

hardship and inconvenience: sec. 63, 64. 1802, ch. 45,

Sec. 4. Be it therefore further enacted, That in all cases in which the said foreign duty shall have been heretofore paid on ships or vessels of the

United States, whether registered at the time of payment or afterwards, Not demanda. restitution thereof shall be made, and that no such foreign duty shall ble in future.

hereafter be demanded on the said ships or vessels. Repeal of for. Sec. 5. And be it further enacted, That the act, intituled “An act mer act.

imposing duties on tonnage," shall, after the said first day of September next, be repealed, and shall thenceforth cease to operate, except as to

the collection of the duties which shall have accrued prior to the said 1789, ch. 3. repeal, for which purpose the said act shall continue in force.

APPROVED, July 20, 1790.

See acts of

sec. 8.

STATUTE II.

July 22, 1790.
Chap. XXXI.-An Act providing for holding a Treaty or Treaties to establish

Peace with certain Indian tribes. [Expired.] Be it enacted by the Senate and House of Representatives of the ing from im. United States of America in Congress assembled, That in addition to the ports and ton- balance unexpended, of the sum of twenty thousand dollars, appropriated nage, appropri- by the act, intituled “An act providing for the expenses which may ated.

attend negotiations or treaties with the Indian tribes, and the appoint1789, ch. 10.

ment of commissioners for managing the same," a farther sum, not exceeding twenty thousand dollars, arising from the duties on imports and tonnage, shall be, and the same is hereby appropriated for defraying the expenses of negotiating, and holding a treaty or treaties, and for promoting a friendly intercourse, and preserving peace with the Indian tribes.

APPROVED, July 22, 1790.

(a) The acts imposing duties on the tonnage of domestic ships or vessels, have been: Act of July 20, 1790, chap. 30; act of March 2, 1799, chap. 23; act of May 1, 1802, chap. 45; act of April 27, 1816, chap. 107; act of January 14, 1817, chap. 3 ; act of March 1, 1817, chap. 31 ; act of May 31, 1830, chap. 219; act of August 30, 1842, chap. 270.

Tonnage duties on foreign ships. Act of July 20, 1790, chap. 30; act of March 2, 1799, chap. 23 ; act of May 1, 1802, chap. 45; act of April 27, 1816, chap. 107; act of January 14, 1817, chap. 3 ; act of March 1, 1817, chap. 31, sec. 6; act of May 31, 1830, chap. 219; act of August 30, 1812, chap. 270.

STATUTE II. Chap. XXXII.--An Act to amend the act for the establishment and support of July 22, 1790.

Lighthouses, beacons, buoys, and public piers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That all expenses

Expense of which shall accrue from and after the fifteenth day of August next, for lighthouses, &c;

to be defrayed the necessary support, maintenance and repairs of all lighthouses, bea

until 1st July, cons, buoys and public piers, within the United States, shall continue to 1791, although be defrayed by the United States, until the first day of July, one thou- not ceded, and sand seven hundred and ninety-one, notwithstanding such lighthouses, till that day to beacons, buoys, and public piers, with the lands and tenements thereunto make cessions. belonging, and the jurisdictions of the same, shall not in the mean time be ceded to or vested in the United States, by the state or states respectively, in which the same may be, and that the said time be further allowed to the states respectively to make such cessions.

APPROVED, July 22, 1790.

to

be

or

STATUTE II. Chap. XXXIII.-In Act to regulate trade and intercourse with the Indian tribes.(a)

July 22, 1790. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no Licenses to person shall be permitted to carry on any trade or intercourse with the trade with the

Indians, by Indian tribes, without a license for that purpose under the hand and seal of whom the superintendent of the department, or of such other person as the Presi- granted, dent of the United States shall appoint for that purpose; which superintendent, or other person so appointed, shall, on application, issue such license to any proper person, who shall enter into bond with one or more and how to be sureties, approved of by the superintendent, or person issuing such license, obtained. or by the President of the United States, in the penal sum of one thousand dollars, payable to the President of the United States for the time being, for the use of the United States, conditioned for the true and faithful observance of such rules, regulations and restrictions, as now are, hereafter shall be made for the government of trade and intercourse with the Indian tribes. The said superintendents, and persons by them licensed as aforesaid, shall be governed in all things touching the said trade and intercourse, by such rules and regulations as the President shall prescribe. And no other person shall be permitted to carry on any trade or intercourse with the Indians without such license as aforesaid. No license shall be granted for a longer term than two years. Provided nevertheless, That the President may make such order respecting the tribes surrounded in their settlements by the citizens of the United States, as to secure an intercourse without license, if he may deem it proper Sec. 2. And be it further enacted, That the superintendent, or person

May be re. issuing such license, shall have full power and authority to recall all called for cersuch licenses as he may have issued, if the person so licensed shall trans- tain transgres

sions. gress any of the regulations or restrictions provided for the government of trade and intercourse with the Indian tribes, and shall put in suit such bonds as he may have taken, immediately on the breach of any condition in said bond: Provided always, That if it shall appear on trial, that the person froin whom such license shall have been recalled, has not offended against any of the provisions of this act, or the regulations prescribed for the trade and intercourse with the Indian tribes, he shall be entitled to receive a new license.

Sec. 3. And be it further enacted, That every person who shall at Penalty for tempt to trade with the Indian tribes, or be found in the Indian country

trading without license.

Vol. 1.-18

(a) See act of March 1, 1793, chap. 19. (Repealed.)

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34. 1790

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katit of the United States.

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vended to the Indians, without a license first bad and obtained, as in this act prescribed, and being thereof conricted in any court proper to try the

same, shall fortet all the merchandise so offered for sale to the Indian с ves

busit to the benefit of the person prosecuting, and the other half to the

trik's or su found in the Indian country, which forfeiture shall be one U. ins di

Sn: 6 tribe it enacted and declared, That no sale of lands made tr

** ! an Indians, or any nation or tribe of Indians within the United du ****** **Vairs, soll be ralıd to any person or persons, or to any state, whether

having the right of pre-emption to such lands or not, unless the same shall be made and duly executed at some public treaty, held under the

Sex. 5. And be it further enacted, That if any citizen or inhabitant wildan of the l'nited States, or of either of the territorial districts of the United **s. Ar to Slates, shall go into any town, settlement or territory belonging to any

nation or tribe of Indians, and shall there commit any crime upon, or Indian or Indians, which, if committed within the jurisdiction of any trespass against, the person or property of any peaceable and friendly citizen or white inhabitant thereof, would be punishable by the laws of state, or within the jurisdiction of either of the said districts, against a such state or district, such offender or offenders shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white inhabitant thereof.

Sec. 6. And be it further enacted, That for any of the crimes or offences aforesaid, the like proceedings shall be had for apprehending, imprisoning or bailing the offender, as the case may be, and for recognizing the witnesses for their appearance to testify in the case, and where the offender shall be committed, or the witnesses shall be in a district other than that in which the offence is to be tried, for the removal of the offender and the witnesses or either of them, as the case may be, to the dis

trict in which the trial is to be had, as by the act to establish the judicial Act of Sep.

courts of the United States, are directed for any crimes or offences

against the United States. Continuance

Sec. 7. And be it further enacted, That this act shall be in force for of this act.

the term of two years, and from thence to the end of the next session of Congress, and no longer.

APPROVED, July 22, 1790.

Proceedings therein.

24, 1789.

STATUTE II.

Recital,

August 4, 1790. Chap. XXXIV.-An Act making provision for the payment of the] Debt of the

United States.(a) [Obsolete.) Whereas, justice and the support of public credit require, that pro

vision should be made for fulfilling the engagements of the United States, in respect to their foreign debt, and for funding their domestic debt upon

equitable and satisfactory terms: Duties on im Section 1. Be it enacted by the Senate and House of Representatives ports and ton of the United States of America in Congress assembled, That reservnage appropria: ing out of the monies which have arisen since the last day of Decemrest on the for. ber last past, and which shall hereafter arise from the duties on goods, eign debt and wares and merchandise imported into the United States, and on the future loans, reserving

tonnage of ships or vessels, the yearly sum of six hundred thousand

(a) The acts making provision for the debt of the United States, contracted during the war of the revo. lution, have been : Act of August 4, 1790, chap. 34; act of August 10, 1790, chap. 39; act of December 27, 1790, chap. 1; act of August 12, 1790, chap. 47; act of May 8, 1792, chap. 38 ; act of March 2, 1793, chap. 25; act of May 30, 1794, chap. 36; act of January 28, 1795, chap. 13; act of February 19, 1796, chap. 2; act of March 3, 1797, chap. 25; act of March 3, 1791, chap. 25.

ernment,

dollars, or so much thereof as may be appropriated from time to time, 600,000 dol. towards the support of the government of the United States, and their lars annually for

support of gove common defence, the residue of the said monies, or so much thereof, as may be necessary, as the same shall be received in cach year, next after the sum reserved as aforesaid, shall be, and is hereby appropriated to the payment of the interest which shall from time to time become due on the loans heretofore made by the United States in foreign countries; and also to the payment of interest on such further loans as may be obtained for discharging the arrears of interest thereupon, and the whole or any part of the principal thereof; to continue so appropriated until the said loans, as well those already made as those which may be made in virtue of this act, shall be fully satisfied, pursuant to the contracts relating to the same, any law to the contrary notwithstanding. And provided, That nothing herein contained, shall be construed to annul or alter any appropriation by law made prior to the passing of this act. And as new loans are and will be necessary for the payment of the

For payment aforesaid arrears of interest, and the instalments of the principal of the of interest and said foreign debt due and growing due, and may also be found expe- foreign debt. dient for effecting an entire alteration in the state of the same:

Sec. 2. Be it further enacted, That the President of the United States President may be, and he is hereby authorized, to cause to be borrowed on behalf of make new loans

and contracts. the United States, a sum or sums, not exceeding in the whole twelve million of dollars; and that so much of this sum as may be necessary to the discharge of the said arrears and instalments, and (if it can be effected upon terms advantageous to the United States) to the paying off the whole of the said foreign debt, be appropriated solely to those purposes: And the President is moreover further authorized to cause to be made such other contracts respecting the said debt as shall be found for the interest of the said States. Provided nevertheless, That no engagement nor contract shall be entered into which shall preclude the United States from reimbursing any sum or sums borrowed within fifteen years after the same shall have been lent or advanced.

And whereas it is desirable to adapt the nature of the provision to be made for the domestic debt to the present circumstances of the United States, as far as it shall be found practicable, consistently with good faith and the rights of the creditors; which can only be done by a voluntary loan on their part: Sec. 3. Be it therefore further enacted, That a loan to the full

to be loaned to amount of the said domestic debt be, and the same is hereby proposed; its full amount, and that books for receiving subscriptions to the said loan be opened at and subscripthe treasury of the United States, and by a commissioner to be ap- how to be made; pointed in each of the said states, on the first day of October next, to continue open until the last day of September following, inclusively ; and that the sums which shall be subscribed thereto, be payable in certificates issued for the said debt, according to their specie value, and computing the interest upon such as bear interest to the last day of December next, inclusively; which said certificates shall be of these several descriptions, to wit: Those issued by the register of the treasury.

in what payable. Those issued by the commissioners of loans in the several states, including certificates given pursuant to the act of Congress of the second of January, one thousand seven hundred and seventy-nine, for bills of credit of the several emissions of the twentieth of May, one thousand seven hundred and seventy-seven, and the eleventh of April, one thousand seven hundred and seventy-eight.

Those issued by the commissioners for the adjustment of the accounts of the quartermaster, commissary, hospital, clothing, and marine departments.

Domestic debt

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