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any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country; or for the purpose of procuring, from any foreign kingdom, place or country, the inhabitants of such kingdom, place or country, to be transported to any foreign 1800, ch. 51. country, port, or place whatever, to be sold or disposed of, as slaves : And if any ship or vessel shall be so fitted out, as aforesaid, for the said purposes, or shall be caused to sail, so as aforesaid, every such ship or vessel, her tackle, furniture, apparel and other appurtenances, shall be forfeited to the United States; and shall be liable to be seized, prosecuted and condemned, in any of the circuit courts, or district court for the district where the said ship or vessel may be found and seized.

Sec. 2. And be it further enacted, That all and every person, so Forfeiture on building, fitting out, equipping, loading, or otherwise preparing, or send persons aiding ing away, any ship or vessel, knowing or intending that the same shall or abetting con

trary to this act, be employed in such trade or business, contrary to the true intent and 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. Sec. 3. And be it further enacted, That the owner, master or factor

In what cases of each and every foreign ship or vessel, clearing out for any of the owners of forcoasts or kingdoms of Africa, or suspected to be intended for the slave shall give bond. trade, and the suspicion being declared to the officer of the customs, by any citizen, on oath or affirmation, and such information being to the satisfaction of the said officer, shall first give bond 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. Sec. 4. And be it further enacted, That if any citizen or citizens of

Forfeiture for the United States shall, contrary to the true intent and meaning of this receiving peract, take on board, receive or transport any such persons, as above song on board described, in this act, for the purpose of selling them as slaves, as afore slaves. said, he or they shall forfeit and pay, for each and every person, so received 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.

as

cerned in this kind of traffic, either by personal service on board of American or foreign vessels wherever equipped, and to the owners of such vessels, citizens of the United States. Ibid.

The act of Congress declares that “no person shall build, fit, equip, load, or otherwise prepare any ship or vessel, to sail from any port of the United States, for the purpose of carrying on any trade or traffic in slaves to any foreign country.”. And it declares that “ if any ship or vessel shall be so fitted out as aforesaid, or shall be caused to sail as aforesaid, such ship or vessel shall be forfeited to the United States."

And the 2d section inflicts a penalty of two thousand dollars on any person who shall build, fit out, &c., any ship or vessel knowing or intending that the same shall be so employed. Held, 1. That the forfeiture of the vessel is not incurred by the building of the vessel for the illegal purpose aforesaid, but only for the fitting out and causing her to sail as aforesaid. 2. An information against the vessel which charges that “ she was built, fitted, equipped, loaded, or otherwise prepared, or caused to sail,” &c., is bad for uncertainty as to which of the several offences is charged, and on such information, a forfeiture ought not to be pronounced. The Brig Caroline, 1 Brockenb. c. C. R. 384.

The act of Congress of February 28, 1803, forbidding any master or captain of a ship or vessel, to import or bring into any port of the United States, any negro, mulatto, or person of colour, under certain penalties, where the admission of such persons is prohibited by the laws of such state, does not apply to coloured seamen employed in navigating such ship or vessel. The Brig Wilson, 1 Brockenb. C. C. R. 423.

If under the act of April 22, 1818, sec. 2, 3, the offence of causing a vessel to sail from the United States, with an intent, be alleged in an indictment to be on a day now last past, and on divers days before and since that day, the allegation is sufficient. United States v. La Coste, 2 Mason's C. C. R 129.

It is not necessary in an indictment on the act of 1818, to aver the defendant knowingly committed the offence. United States v. Smith, 2 Mason's C. C. R. 143.

STATUTE I. March 27, 1794.

Chap. XII.- An Act to provide a Naval Armament.(a)

Whereas the depredations committed by the Algerine corsairs on the (Obsolete.) commerce of the United States render it necessary that a naval force

should be provided for its protection: President of Section 1. Be it therefore enacted by the Senate and House of the U. States to Representatives of the United States of America in Congress assemprovide four ships of 44 guns,

bled, That the President of the United States be authorized to proand two ships vide, by purchase or otherwise, equip and employ four ships to carry of 36 guns each. forty-four guns each, and two ships to carry thirty-six guns each. How officered. Sec. 2. And be it further enacted, That there shall be employed on

board each of the said ships 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.

Sec. 3. And be it further enacted, That there shall be employed, in each of the said ships, the following warrant officers, who shall be appointed by the President of the United States, to wit: One sailing-master, one purser, one boatswain, one gunner, one sail-maker, one carpenter, and eight midshipmen; and the following petty officers, who 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 sail-maker'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 armourer, one steward, one cooper, one master-at-arms, and one

cook. How inanned. Sec. 4. And be it further enacted, 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 before mentioned. President of Sec. 5. And be it further enacted, That the President of the United United States States be, and he is hereby empowered, to provide, by purchase or other

(a) The acts for the establishment and regulation of the navy of the United States, are: An act to provide a naval armament, March 27, 1794, chap. 12; an act supplementary to an act entitled, "An act to provide a naval armament, April 20, 1796, chap. 14; an act providing a naval armament, July 1, 1797, chap. 7; an act to provide an additional armament for the further protection of the trade of the United States, and for other purposes, April 27, 1798, chap. 31; an act authorizing the President of the United States to cause to be purchased or built a number of sinall vessels to be equipped as galleys or otherwise, May 4, 1798, chap. 39; an act to amend the act entitled, “An act providing a naval armament,” and “ an act to authorize the President of the United States to cause to be purchased or built a number of small vessels to be equipped as galleys or otherwise,” June 22, 1798, chap. 55; an act supplementary to an act entitled, “An act to provide an additional armament for the further protection of the trade of the United States, and for other purposes," June 30, 1798, chap. 64; an act for the augmentation of the navy, Feb. ruary 25, 1799, chap. 13; an act for the government of the navy of the Uuited States, March 2, 1799, chap. 24; an act to increase the navy of the United States, January 2, 1813, chap. 6; an act supple. mentary to the act for increasing the navy of the United States, March 3, 1813, chap. 54; an act to authorize the President of the United States to cause to be built or purchased the vessels therein directed, November 15, 1814, chap. 3; an act for the gradual increase of the navy of the United States, April 29, 1816, chap. 138; an act supplementary to an act entitled, "An act concerning the naval establish. ment,” March 1, 1817, chap. 24; an act lo amend the act entitled, “An act for the gradual increase of the navy of the United States,” March 3, 1821, chap. 46; an act authorizing an additional naval force for the suppression of piracy, December 20, 1822, chap. 1; an act supplementary to an act for the gradual increase of the navy of the United States, May 17, 1826, chap. 61; an act for the gradual improvement of the navy of the United States, March 3, 1827, chap. 93; an act in addition to the act for the gradual improvement of the navy of the United States, March 2, 1833, chap. 67; an act to provide for the enlist. ment of boys for the naval service, and to extend the term for the enlistment of seamen, March 2, 1937, chap. 21; an act to change the titles of certain officers in the navy, March 3, 1837, chap. 30.

act.

wise, in lieu of the said six ships, a naval force not exceeding, in the may purchase a whole, that by this act directed, so that no ship thus provided shall

force not ex

carry less than thirty-two guns; or he may so provide any proportion thereof, rected by this

ceeding that di. which, in his discretion, he

may

think proper. Sec. 6. And be it further enacted, That the pay and subsistence of Pay and sub

sistence. the respective commissioned and warrant officers be as, follows:-A captain, seventy-five dollars per month, and six rations per day ;-a lieutenant, 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 sailingmaster, 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.

Sec. 7. And be it further enacted, That the pay to be allowed to the Pay to petty petty officers, midshipmen, seamen, ordinary seamen and marines, shall officers to be

fired by the Prebe fixed by the President of the United States: Provided, That the whole sum to be given for the whole pay aforesaid, shall not exceed Not to exceed twenty-seven thousand dollars per month, and that each of the said

persons shall be entitled to one ration per day.

Sec. 8. And be it further enacted, That the ration shall consist of, as Component follows: Sunday, one pound of bread, one pound and a half of beef, parts of ration. and half a pint 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. Sec. 9. Provided always, and be it further enacted, That if

a peace shall take place between the United States and the Regency of Algiers, this act shall

ceedings under that no farther proceeding be had under this act.

APPROVED, March 27, 1794.

sident.

certain sum.

When pro

cease.

STATUTE I.

CHAP. XIII.-An Act allowing to Major General La Fayette his Pay and Emolu- March 27, 1794.

ments while in the service of the United States. Be it enacted by the Senate and House of Representatives of the

Allowance to

General La United States of America in Congress assembled, That there be allowed

Fayette. to Major General La Fayette the sum of twenty-four thousand, four hundred and twenty-four dollars, being the amount of the pay and emoluments of a major-general during the time he was in the service of the United States, and that the same be paid out of any monies which may be in the treasury and not otherwise appropriated.

APPROVED, March 27, 1794.

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stores.

STATUTE I.
April 2, 1794. CHAP. XIV.-An Act to provide for the erecting and repairing of Arsenals and

Magazines, and for other purposes. [Obsolete.) Arsenals &c. Section 1. Be it enacted by the Senate and House of Representato be establish. tives of the United States of America in Congress assembled, That for ed.

the safe keeping of the military stores, there shall be established under

the direction of the President of the United States, three or four arsenals 1798, ch. 38. with magazines, as he shall judge most expedient, in such places as will

1803, ch. 32, best accommodate the different parts of the United States. Either or sec, 5.

both of the arsenals heretofore used at Springfield and Carlisle, to be continued as part of the said number, at his discretion : Provided, that none of the said arsenals be erected, until purchases of the land necessary for their accommodation be made with the consent of the legisla

ture of the state, in which the same is intended to be erected. And at each Sec. 2. And be it further enacted, That there shall be established, arsenal, an

at each of the aforesaid arsenals, a national armoury, in which shall be moury.

employed one superintendent, and one master-armourer (who shall be appointed by the President of the United States) and as many workmen as the Secretary for the department of war shall, from time to time, deem necessary, so that the whole number at all the armouries shall not exceed one hundred. And the said superintendents shall each receive as a compensation, seventy dollars per month, and the said master

armourers each, fifty dollars per month. Superintendant Sec. 3. And be it further enacted, That there shall be employed an of military officer, whose duty it shall be (under the direction of the department of

war) to superintend the receiving, safe keeping and distribution of the

military stores of the United States, and to call to account all persons, His compen- to whom the same may be intrusted : he shall receive for his compensasation, And by whom

tion, at the rate of one hundred and twenty-five dollars per month, and appointed. shall be appointed by the President of the United States.

Appropriation Sec. 4. And be it further enacted, That a sum not exceeding fiftyfor carrying this nine thousand dollars, be appropriated for the erecting and repairing of act into effect.

the arsenals and magazines aforesaid, and a sum not exceeding twentytwo thousand eight hundred and sixty-five dollars for defraying the expense of the national armouries, for one year; and the further sum of three hundred and forty thousand dollars, to be applied, under the direction of the President of the United States, in the purchase of arms, ammunition and military stores; which said several sums shall be paid out of the duties on imports and tonnage, to the end of the present year.

Sec. 5. And be it further enacted, That an annual account of the count of ex expenses of the national armouries be laid before the legislature of the pense of ar.

United States, together with an account of the arms made and repaired Taid before the therein. legislature. APPROVED, April 2, 1794.

STATUTE I.
April 3, 1794. Chap. XVI.-An Act transferring, for a limited time, the Jurisdiction of Suits

and Offences from the District to the Circuit Court of New Hampshire, and assi
ing certain Duties in respect to Invulid Pensioners, to the Attorney of the said

District. (Obsolete.) Actions pend. Section 1. Be it enacted by the Senate and House of Representaing in district tives of the United States of America in Congress assembled, That all Hampshire re. actions commenced or pending in the district court of New Hampshire moved to next be removed to the next circuit court to be holden in that district, there circuit court.

to be tried and determined, in the same manner, as if the recognizance of such actions had been originally given to the said circuit court: And the said circuit court is hereby vested with the cognizance of all actions, crimes and offences, by the laws now in force, cognizable in the said district court, and with all the powers and authorities of the said district

Annual

ac.

mouries to be

court; and any judge of the supreme court of the United States, is autho-
rized to do and perform all the duties, by any law of the United States
enjoined upon the said district judge, except as is herein after provided;
the fees to be the same as in the district court, in all such cases.
Sec. 2. And be it further enacted, That the duties enjoined the dis-

Claims to in. trict judges, by the act to regulate the claims to invalid pensions," be, in N. Hampshire and the same are hereby transferred, as far as relates to the district of transferred to New Hampshire, to the attorney of the said district, whose duty it shall district attor

ney. be to perform the same.

1793, ch. 17. Sec. 3. And be it further enacted, That this act shall continue in Limitation of force until the end of the next session of Congress, or until a new dis- this act. trict judge be appointed in that district, and no longer. APPROVED, April 3, 1794.

STATUTE I. CHAP. XVII.-An Act to authorize the President of the United States in certain April 3, 1794. cases to alter the place for holding a session of Congress.

[Obsolete.] Be it enacted by the Senate and House of Representatives of the President of United States of America in Congress assembled, That whenever the United States in Congress shall be about to convene, and, from the prevalence of conta- authorized to gious sickness, or the existence of other circumstances, it would, in the alter place for opinion of the President of the United States, be hazardous to the lives holding a sesor health of the members to meet at the place to which the Congress gress.

sion of Conshall then stand adjourned, or at which it shall be next by law to meet,

1799, ch. 12. the President shall be, and he hereby is authorized, by proclamation, to convene the Congress at such other place as he may judge proper. APPROVED, April 3, 1794.

STATUTE I. CHAP. XVIII.–An Act to provide for placing buoys on certain rocks off the har

April 6, 1794. bor of New London, and in Providence river, and other places. Section 1. Be it enacted by the Senate and House of Representa Secretary of tives of the United States of America in Congress assembled, That the Treasury to Secretary of the Treasury be authorized and directed to cause to be place buoys off

certain harbors, placed buoys on the rocks called Black Ledge, or Southwest Ledge, Goshen Reef, Bartlet's Reef, and Race Rock, off the harbor of New London, in the state of Connecticut, at an expense, not to exceed the sum of twelve hundred dollars; and to cause to be erected a beacon, and to be placed two buoys in the harbor of Portsmouth, in the state of New Hampshire, at an expense, not to exceed the sum of three hundred dollars: And likewise, to cause to be placed in Providence river, in the state of Rhode Island, and in Savannah river, in the state of Georgia, and at the mouth of the same, buoys, not exceeding ten in number, for each river, and at an expense, not to exceed the sum of five hundred dollars, for each; the same to be placed in such parts of the said rivers, as he may judge most advantageous for the navigation thereof, respectively.

Sec. 2. And be it further enacted, That there be appropriated and Appropriation paid out of the monies arising from the duties on imports and tonnage,

therefor. the sum of two thousand five hundred dollars for the purpose aforesaid. APPROVED, April 5, 1794.

STATUTE I. CAAP. XXI.-An Act limiling the Time for presenting Claims for destroyed April 21, 1794. Cerlificates of certain Descriptions.

[Obsolete.) SECTION I. Be it enacted by the Senate and House of Representa Limitation of tives of the United States of America in Congress assembled, That all claims for re. claims for the renewal of certificates of the unsubscribed debt of the certificates. VOL. 1.–45

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