THE

LAWS OF THE UNITED STATES.

ACTS OF THE FIRST CONGRESS

OF THE

UNITED STATES,

of the U. S. ar

the Constitution

be

Passed at the first session, which was begun and held at the City of New

York on Wednesday, March 4, 1789, and continued to September 29,

1789.
GEORGE WASHINGTON, President, John Adams, Vice President of the

United States, and President of the Senate, FREDERICK AUGUSTUS
MUHLENBERG, Speaker of the House of Representatives.

STATUTE I.
CHAPTER 1.-An Act to regulate the Time and Vanner of administering certain June 1, 1789.

Oaths.
Sec. 1. Be it enacted by the Senate and [House of ]Representatives of

Constitution the United States of America in Congress assembled, That the oath or

ticle 6, page 19. affirmation required by the sixth article of the Constitution of the United Form of the States, shall be administered in the form following, to wit: “I, A. B. oath or affirma.

tion to support do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States.” The said oath or affirmation shall of the United be administered within three days after the passing of this act, by any one States:e to member of the Senate, to the President of the Senate, and by him to the members of all the members and to the secretary; and by the Speaker of the House the Senate and of Representatives, to all the members who have not taken a similar to the members

of the House of oath, by virtue of a particular resolution of the said House, and to the

Representa clerk : and in case of the absence of any member from the service of tives. either House, at the time prescribed for taking the said oath or affirmation, the same shall be administered to such member, when he shall appear to take his seat.

Sec. 2. And be it further enacted, That at the first session of Con Manner of ad. gress after every general election of Representatives, the oath or affir- ministering the mation aforesaid, shall be administered by any one member of the House tion to Speaker of Representatives to the Speaker; and by him to all the members pre- of the House of sent, and to the clerk, previous to entering on any other business; and Representato the members who shall afterwards appear, previous to taking their seats. The President of the Senate for the time being, shall also ad To each Sena. minister the said oath or affirmation to each Senator who shall hereafter tor. be elected, previous to his taking his seat: and in any future case of a President of the Senate, who shall not have taken the said oath or affirmation, the same shall be administered to him by any one of the mem

To the members of the Senate.

bers of the seveSec. 3. And be it further enacted, That the members of the several ral State Legis. State legislatures, at the next sessions of the said legislatures, respec Jatures,and to all

executive and tively, and all executive and judicial officers of the several States, who

judicial officers have been heretofore chosen or appointed, or who shall be chosen or of the States.

23

By whom the appointed before the first day of August next, and who shall then be in oaths or affirma. office, shall, within one month thereafter, take the same oath or affirmaadministered in tion, except where they shall have taken it before; which may be adminthe several istered by any person authorized by the law of the State, in which such States.

office shall be holden, to administer oaths. And the members of the several State legislatures, and all executive and judicial officers of the several States, who shall be chosen or appointed after the said first day of August, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or persons, who by the law of the State shall be authorized to administer the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner, as, by the law of the State, he or they shall be directed to record or certify the oath of

office. To all officers Sec. 4. And be it further enacted, That all officers appointed, or of the U. States hereafter to be appointed under the authority of the United States, shall, appointed, or to be appointed,

before they act in their respective offices, take the same oath or affirmabefore they act. tion, which shall be administered by the person or persons who shall be

authorized by law to administer to such officers their respective oaths of office; and such officers shall incur the same penalties in case of failure, as shall be imposed by law in case of failure in taking their respective

oaths of office. Oath of se. Sec. 5. And be it further enacted, That the secretary of the Senate, cretary of the and the clerk of the House of Representatives for the time being, shall, of the House of at the time of taking the oath or affirmation aforesaid, each take an oath Representa or affirmation in the words following, to wit: “I, A. B. secretary of the tives.

Senate, or clerk of the House of Representatives (as the case may be) of the United States of America, do solemnly swear or affirm, that I will truly and faithfully discharge the duties of my said office, to the best of my knowledge and abilities.”

APPROVED, June 1, 1789.

STATUTE I.

July 4, 1789. Chap. II.-An Act for laying a Duty on Goods, Wares, and Merchandises imported

into the United States.(a) [Repealed.)

Sec. 1. Whereas it is necessary for the support of government, for the discharge of the debts of the United States, and the encouragement and protection of manufactures, that duties be laid on goods, wares and

merchandises imported :(b) Act of August Be it enacted by the Senate and House of Representatives of the 10, 1790, ch.38, United States of America in Congress assembled, That from and after sec. 1 and 2.

the first day of August next ensuing, the several duties hereinafter mentioned shall be laid on the following goods, wares and merchandises imported into the United States from any foreign port or place, that is to say:

(a) Duty Acts. Act of July 4, 1789, chap. 2; act of August 4, 1790, chap. 35; act of June 5, 1794, chap. 51; act of January 29, 1795, chap. 17; act of March 3, 1797, chap. 10; act of May 13, 1800, chap. 66; act of March 27, 1804, chap. 57; act of June 7, 1794, chap. 54; act of January 29, 1795, chan. 17; act of March 27, 1804, chap. 46 ; act of July 8, 1797, chap. 15; act of May 7, 1800, chap. 43; act of March 27, 1804, chap. 57; act of July 1, 1812, chap. 112; act of February 25, 1813, chap. 30; act of August 2, 1813, chap. 38 ; act of April 27, 1816, chap. 107; act of January 14, 1817, chap. 3; act of April 20, 1818, chap. 105; act of April 20, 1818, chap. 93; act of May 21, 1824, chap. 136; act of May 19, 1828, chap. 55; act of May 24, 1828, chap. 102 ; act of May 28, 1830, chap. 147; act of July 14, 1832, chap. 227 ; act of March 2, 1833, chap. 62; act of September 11, 1841, chap. 24; act of August 30, 1842, chap. 270.

(6) The powers of Congress to levy and collect taxes, duties, exposts and excises, is co.extensive with the United States. Loughborough v. Blake, 5 Wheat. 317; 4 Cond. Rep. 660.

On all distilled spirits of Jamaica proof, imported from any kingdom or

Specific du.

ties on certain country whatsoever, per gallon, ten cents.

enumerated arOn all other distilled spirits, per gallon, eight cents.

ticles.
On molasses, per gallon, two and a half cents.
On Madeira wine, per gallon, eighteen cents.
On all other wines, per gallon, ten cents.
On every gallon of beer, ale or porter in casks, five cents.
On all cider, beer, ale or porter in bottles, per dozen, twenty cents.
On malt, per bushel, ten cents.
On brown sugars, per pound, one cent.
On loaf sugars, per pound, three cents.
On all other sugars, per pound, one and a half cents.
On coffee, per pound, two and a half cents.
On cocoa, per pound, one cent.
On all candles of tallow, per pound, two cents.
On all candles of wax or spermaceti, per pound, six cents.
On cheese, per pound, four cents.
On soap, per pound, two cents.
On boots, per pair, fifty cents.
On all shoes, slippers or goloshoes made of leather, per pair, seven cents.
On all shoes or slippers made of silk or stuff, per pair, ten cents.
On cables, for every one hundred and twelve pounds, seventy-five cents.
On tarred cordage, for every one hundred and twelve pounds, seventy-

five cents.
On untarred ditto, and yarn, for every one hundred and twelve pounds,

ninety cents. On twine or packthread, for every one hundred and twelve pounds, two

hundred cents.
On all steel unwrought, for every one hundred and twelve pounds, fifty-

six cents.
On all nails and spikes, per pound, one cent.
On salt, per bushel, six cents.
On manufactured tobacco, per pound, six cents.
On snuff, per pound, ten cents.
On indigo, per pound, sixteen cents.
On wool and cotton cards, per dozen, fifty cents.
On coal, per bushel, two cents.
On pickled fish, per barrel, seventy-five cents.
On dried fish, per quintal, fifty cents.

On all teas imported from China or India, in ships built in the United On teas imStates, and belonging to a citizen or citizens thereof, or in ships or

ported from In.

dia or China. vessels built in foreign countries, and on the sixteenth day of May last wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation, as follows: On bohea tea, per pound, six cents. On all souchong, or other black teas, per pound, ten cents. On all hyson teas, per pound, twenty cents. On all other green teas, per pound, twelve cents.

On all teas imported from Europe in ships or vessels built in the United States, and belonging wholly to a citizen or citizens thereof, or ported from Eu.

rope. in ships or vessels built in foreign countries, and on the sixteenth day of May last wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation, as follows: On bobea tea, per pound, eight cents. On all souchong, and other black teas, per pound, thirteen cents. On all hyson teas, per pound, twenty-six cents. On all other green teas, per pound, sixteen cents. VOL. 1.-4

с

On teas im.

rem.

Ten per centum ad

valorem.

On all teas imported, in any other manner than as above mentioned,
as follows:-
On bohea tea, per pound, fifteen cents.
On all souchong, or other black teas, per pound, twenty-two cents.
On all hyson teas, per pound, forty-five cents.

On all other green teas, per pound, twenty-seven cents. On all other On all goods, wares and merchandises, other than teas, imported goods imported from China or India, in ships not built in the United States, and not China, 12; per wholly the property of a citizen or citizens thereof, nor in vessels built centum ad valo. in foreign countries, and on the sixteenth day of May last wholly the

property of a citizen or citizens of the United States, and so continuing

until the time of importation, twelve and a half per centum ad valorem. On other enu. On all looking-glasses, window and other glass (except black merated arti. cles, 10 per cen

quart bottles),
tum ad valorem. On all China, stone and earthern ware,

On gunpowder,
On all paints ground in oil,
On shoe and knee buckles,
On gold and silver lace, and

On gold and silver leaf, On other enu. On all blank books, merated arti.

On all writing, printing or wrapping paper, paper-hangings and
cles, 74 per ct.
ad valorem.

pasteboard,
On all cabinet wares,
On all buttons,
On all saddles,
On all gloves of leather,
On all hats of beaver, fur, wool, or mixture of either,
On all millinery ready made,
On all castings of iron, and upon slit and rolled iron,
On all leather tanned or tawed, and all manufacture of leather,

except such as shall be otherwise rated,
On canes, walking sticks and whips,
On clothing ready made,
On all brushes,
On gold, silver, and plated ware, and on jewelry and paste work,
On anchors, and on all wrought, tin, and pewter ware,
On playing cards, per pack, ten cents.
On every coach, chariot or other four wheel carriage,

and on every chaise, solo, or other two wheel car centum ad
riage, or parts thereof,

valorem. On all other

On all other goods, wares and merchandise, five per centum on the goods, except certain articles,

value thereof at the time and place of importation, except as follows: 5 per cent. on saltpetre, tin in pigs, tin plates, lead, old pewter, brass, iron and brass the value at the wire, copper in plates, (a) wool, cotton, dyeing woods and dyeing drugs, of importation. raw hides, beaver, and all other furs, and deer skins. Duty on hemp

Sec. 2. And be it further enacted by the authority aforesaid, That and cotton im- from and after the first day of December, which shall be in the year ported after the

one thousand seven hundred and ninety, there shall be laid a duty on every one hundred and twelve pounds, weight of hemp imported as afore

said, of sixty cents; and on cotton per pound, three cents. Drawback al. Sec. 3. And be it (further Jenacted by the authority aforesaid, 'That all lowed for the the duties paid, or secured to be paid upon any of the goods, wares and exported within merchandises as aforesaid, except on distilled spirits, other than brandy 12 months. and geneva, shall be returned or discharged upon such of the said goods,

(a) Round copper in bars, and copper plates turned up at the edges, are not subject to duty under this act, or under the act of August ió, 1790, and the act of May 2, 1792; by which • copper in plates, and copper in pigs and bars,” is exempted from duty. United States v. Kidd & Watson, 4 Cranch, 1; 2 Cond. Rep. 1.

Seven and a half per centum

ad valorem.

fifteen per

1st Dec. 1790.

wares, or merchandises, as shall within twelve months after payment made, or security given, be exported to any country without the limits of the United States, as settled by the late treaty of peace; except one Except one per per centum on the amount of the said duties, in consideration of the cent. expense which shall have accrued by the entry and safe-keeping thereof.

Sec. 4. And be it (further enacted by the authority aforesaid, That Allowance in there shall be allowed and paid on every quintal of dried, and on every

lieu of a draw. barrel of pickled fish, of the fisheries of the United States, and on every and pickled fish

back on dried barrel of salted provision of the United States, exported to any country and salted prowithout the limits thereof, in lieu of a drawback of the duties imposed visions exporton the importation of the salt employed and expended therein, viz:

On every quintal of dried fish, five cents.
On every barrel of pickled fish, five cents.
On every barrel of salted provision, five cents.

Sec. 5. And be it further enacted by the authority aforesaid, That a discount of ten per cent on all the duties imposed by this act, shall

Discount on

duties for goods be allowed on such goods, wares and merchandises, as shall be import- imported in vesed in vessels built in the United States, and which shall be wholly the sels of citizens. property of a citizen or citizens thereof, or in vessels built in foreign countries, and on the sixteenth day of May last, wholly the property of a citizen or citizens of the United States, and so continuing until the time of importation.

Sec. 6. And be it further enacted by the authority aforesaid, That this act shall continue and be in force until the first day of June, which Continuance shall be in the year of our Lord one thousand seven hundred and ni six, and from thence until the end of the next succeeding session of Congress which shall be held thereafter, and no longer.

APPROVED, July 4, 1789.

of the act.

STATUTE I. Chap. III.-An Act imposing Duties on Tonnage.(a)

July 20, 1789. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Repealed by following duties shall be, and are hereby imposed on all ships or vessels act of July 20 entered in the United States, that is to say: On all ships or vessels built within the said States, and belonging

Six cents per

on vessels wholly to a citizen or citizens thereof; or not built within the said ton

built in U. S., States, but on the twenty-ninth day of May, one thousand seven hun

or belonging to dred and eighty-nine, belonging, and during the time such ships or ves- citizens. On sels shall continue to belong wholly to a citizen or citizens thereof, at vessels hereafthe rate of six cents per ton. On all ships or vessels hereafter built in U.S., belonging the United States, belonging wholly, or in part, to subjects of foreign to foreigners, 30 powers, at the rate of thirty cents per ton. On all other ships or ves

cts. per ton. On

all others, 50 sels, at the rate of fifty cents per ton.

cts. per ton. Sec. 2. Provided always, and be it enacted, That no ship or vessel

Vessels built in built within the aforesaid States, and belonging to a citizen or citizens the U.S., in the thereof, shall, whilst employed in the coasting trade, or in the fisheries, to pay tonnage pay tonnage more than once in any year.

but once a year. Sec. 3. And be it further enacted, That every ship or vessel em 50 cts. a ton on ployed in the transportation of any of the produce or manufactures of foreign, vessels the United States, coastwise within the said States, except such ship or coasting trade.

(a) General acts relating to tonnage duties : Act of July 20, 1789, chap. 3; act of September 16, 1789, chap. 15; act of July 20, 1790, chap. 30; act of May 1, 1802 ; act of March 3, 1815, chap. 76 ; April 27. 1816, chap. 107 ; April 27, 1816, chap. 110; January 14, 1817, chap. 3; act of March 1, 1817, chap. 31; act of March 3, 1817, chap. 50; act of March 3, 1819, chap. 71; act of January 7, 1821, chap. 4.