STATUTE II. [Obsolete.] treaty, in addition to the sum appropriated for that purpose, by the act of the sixth of May, one thousand seven hundred and ninety-six. SEC. 3. And be it further enacted, That the said several sums shall be paid and discharged out of any monies arising from the revenues of the United States, beyond the appropriations heretofore charged thereupon, to the end of the year one thousand seven hundred and ninety seven. APPROVED, March 3, 1797. March 3, 1797. CHAP. XIII.—An Act to provide for mitigating or remitting the Forfeitures, Penalties and Disabilities accruing in certain cases therein mentioned.(a) SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any person or persons, who shall have incurred any fine, penalty, forfeiture or disability, or shall have been interested in any vessel, goods, wares or merchandise, which shall have been subject to any seizure, forfeiture, or disability, by force of any present or future law of the United States, for the laying, levying or collecting any duties or taxes, or by force of any present or future act, concerning the registering and recording of ships or vessels, or any act concerning the enrolling and licensing ships or vessels employed in the coasting trade or fisheries, and for regulating the same, shall prefer his petition to the judge of the district, in which such fine, penalty, forfeiture, or disability shall have accrued, truly and particularly setting forth the circumstances of his case; and shall pray, that the same may be mitigated or remitted, the said judge shall inquire, in a summary manner into the circumstances of the case; first, causing reasonable notice to be given to the person or persons claiming such fine, penalty, or forfeiture, and to the attorney of the United States, for such district, that each may have an opportunity of showing cause against the mitigation or remission thereof; and shall cause the facts which shall appear upon such inquiry, to be stated and annexed to the petition, and direct their transmission to the Secretary of the Treasury of the United States, who shall thereupon, have power to mitigate or remit such fine, forfeiture, or penalty, or remove such disability, or any part thereof, if, in his opinion, the same shall have been incurred without wilful negligence, or any intention of fraud in the person or persons incurring the same; and to direct the prosecution, if any shall have been instituted for the recovery thereof, to cease and be 1814, ch. 14. discontinued, upon such terms or conditions as he may deem reasonable and just. Courts of the same power as district courts. SEC. 2. And be it further enacted, That the judicial courts of the states have the several states, to whom, by any of the said acts, a jurisdiction is given, shall and may exercise all and every power in the cases cognizable before them, for the purpose of obtaining a mitigation, or remission of any fine, penalty or forfeiture, which may be exercised by the judges of the district courts, in cases depending before them. Rights of in SEC. 3. Provided always, and be it further enacted, That nothing dividuals not to herein contained, shall be construed to affect the right or claim of any person, to that part of any fine, penalty, or forfeiture, incurred by the breach of any of the laws aforesaid, which such person shall, or may be entitled to, by virtue of the said laws in cases where a prosecution has been commenced, or information has been given, before the passing of be affected in cases where a prosecution shall have been (a) The remission of a forfeiture or penalty by the Secretary of the Treasury, accruing under the reve nue laws, under the remission act of March 3, 1797, before the final judgment, and until the actual payment over to the collector for distribution of the money arising from such forfeiture, extends to the shares of the forfeiture or penalty to which the officers of the customs are entitled, as well as to the interests of the United States. United States v. Morris, 10 Wheat, 246; 6 Cond. Rep. 90. United States v. Lancaster, 4 Wash. C. C. R. 64. M'Lane v. The United States, 6 Peters, 404. FOURTH CONGRESS. SESS. II. CH. 14, 15, 16. this act, or any other act relative to the mitigation or remission of such commenced or fines, penalties, or forfeitures; the amount of which right and claim shall information givbe assessed and valued by the proper judge, or court, in a summary manner. en. Limitation. SEC. 4. And be it further enacted, That this act shall continue in force for the term of two years, and from thence to the end of the next Repealed 1800, session of Congress, and no longer. APPROVED, March 3, 1797. ch. 6. STATUTE II. CHAP. XIV.-An Act to authorize the receipt of evidences of the Public Debt, in March 3, 1797. payment for the Lands of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the evidences of the public debt of the United States, shall be receivable in payment for any of the lands which may be hereafter sold in conformity to the act, intituled "An act providing for the sale of the lands of the United States, in the territory northwest of the river Ohio, and above the mouth of Kentucky river," at the following rates, viz.: the present foreign debt of the United States, and such debt, or stock, as, at the time of payment, shall bear an interest of six per centum per annum, shall be received at their nominal value; and the other species of debt, or stock, of the United States, shall be received at a rate bearing the same proportion to their respective market price, at the seat of government, at the time of payment, as the nominal value of the above mentioned six per centum stock shall, at the same time, bear to its market price at the same place; the Secretary of the Treasury, in all cases, determining what such market price is. APPROVED, March 3, 1797. CHAP. XV.-An Act to alter the time for the next meeting of Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the end of the present session, the next meeting of Congress shall be on the first Monday of November, in the present year. APPROVED, March 3, 1797. [Obsolete.] United States ern lands. pay. Ante, p. 464. STATUTE II. March 3, 1797. [Obsolete.] STATUTE II. [Repealed.] Act of May 30, 1796, ch. 39. tions repealed. Certain sec CHAP. XVI.-An Act to amend and repeal, in part, the Act intituled "An Act March 3, 1797. SEC. 2. And be it further enacted, That there shall be one brigadier Inspector. Brigadier Gen eral. See p. 557, post. cate. Judge advo- commissioned officers of the line, and shall be entitled to receive two rations extra per day, and twenty-five dollars per month, in addition to his pay in the line; and whenever forage shall not be furnished by the public, to ten dollars per month in lieu thereof. Quarter mas ter and pay master general. Pay of lieutenants and ensigns. Subsistence SEC. 3. And be it further enacted, That there shall be one quartermaster general and one paymaster general, who shall receive the same pay and emoluments, respectively, which those officers have heretofore been allowed by law. SEC. 4. And be it further enacted, That from and after the thirtieth day of June next,.the monthly pay of the lieutenants shall be thirty dollars, and that of the ensigns twenty-five dollars: That to the brigadier, while commander in chief, and to each officer, while commanding a separate post, there shall be allowed twice the number of rations to which they would otherwise be entitled. SEC. 5. And be it further enacted, That the majors be entitled to allowed to ma- receive four rations per day, for their subsistence. jors. Allowance to officers derang. ed. Ante, p. 483. SEC. 6. And be it further enacted, That to each commissioned officer, who may have been deranged under the act "to ascertain and fix the military establishment of the United States," there shall be paid the amount of six months' pay and subsistence. APPROVED, March 3, 1797. CHAP. XVII. —An Act making appropriations for the Military and Naval establishments for the year one thousand seven hundred and ninety-seven. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the support of the military and naval establishments, for the year one thousand seven hundred and ninety-seven, the following sums be respectively appropriated; that is to say: For the pay of the army of the United States, the sum of two hundred and fifty-six thousand four hundred and fifty dollars. For the subsistence of the officers of the army, a sum not exceeding forty-seven thousand three hundred and ninety-five dollars. For the subsistence of the non-commissioned officers and privates, a sum not exceeding two hundred and forty-five thousand two hundred and eighty-three dollars. For forage, the sum of fourteen thousand nine hundred and four dollars. For clothing, a sum not exceeding eighty-three thousand and fifty dollars. For the purchase of horses and equipments for the cavalry, sixteen thousand and eighty-five dollars. For the hospital department, a sum not exceeding ten thousand dollars. For the ordnance department, a sum not exceeding forty thousand dollars. For the fortifications of the ports and harbors of the United States, a sum not exceeding twenty-four thousand dollars. For the quartermaster's department, the Indian department, the defensive protection of the frontiers, bounties, and all the contingent expenses of the war department, a sum not exceeding three hundred thousand dollars. To make good deficiencies in the appropriations in the military establishment, for the year one thousand seven hundred and ninety-six, the sum of seventy six thousand three hundred and twelve dollars. For the pay and subsistence of three captains in the naval department, and for the pay of laborers employed in taking care of the frigates, the sum of five thousand dollars. For finishing the frigates United States, Constitution, and Constellation, the sum of one hundred and seventy-two thousand dollars. For the payment of military pensions, including an allowance to the widows and children of officers, under an act, intituled "An act in addition to the act for making further and more effectual provision for the protection of the frontiers of the United States," the sum of ninety-six thousand three hundred and fifty dollars. To satisfy and discharge claims for militia services on the frontiers of Georgia, the sum of seventy thousand four hundred and ninety-six dollars and thirty-five cents: for militia services on the frontiers of Kentucky, three thousand eight hundred and thirty-six dollars and seventysix cents; and for militia services on the frontiers of South Carolina, the sum of forty-eight thousand four hundred dollars and twenty-five cents. For the payment of general John Sevier and his brigade, for services in the year one thousand seven hundred and ninety-three, the sum of twenty-two thousand eight hundred and sixteen dollars and ninety-five cents. For the payment of six months' pay and subsistence to each of the officers discharged under the act "to ascertain and fix the military establishment of the United States," a sum not exceeding three thousand dollars; which sums shall be solely applied to the objects for which they are respectively appropriated. SEC. 2. And be it further enacted, That the several appropriations herein before made, shall be paid and discharged out of the surplus of revenue and income beyond the appropriations heretofore charged thereon, to the end of the present year. APPROVED, March 3, 1797. CHAP. XVIII.-An Act to suspend, in part, the Act, intituled "An act to alter and amend the Act, intituled An Act laying certain Duties upon Snuff and refined Sugar," and to grunt relief in certain cases arising under the said Act. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act, intituled "An act to alter and amend the act, intituled An act laying certain duties upon snuff and refined sugar," as respects the duties therein laid upon mills and implements employed in the manufacture of snuff, and the drawbacks therein allowed, upon the exportation of snuff manufactured within the United States, be suspended, from the passing of this act, until the end of the next session of Congress. SEC. 2. And be it further enacted, That in all cases of licenses granted under the said act, where, by failure of water, or other casualty, occurring to the mill or mills, or to the implements or to the proprietor, or other person licensed, the use and benefit of such license has been lost, or considerably interrupted, and the duties thereon required or paid, may be considered as peculiarly unequal and injurious, the Secretary of the Treasury, upon due representation and proof of such case, shall be, and hereby is authorized to cause to be refunded or remitted, such part of the duties paid, or secured on such license, as shall appear just and reasonable, under the circumstances of the case, and having regard to the loss, injury, or peculiar hardship sustained as aforesaid. APPROVED, March 3, 1797. CHAP. XIX.-An Act in addition to the act intituled "An act to establish the Post- SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Military ap propriations for 1797. 1794, ch. 52. 1796, ch. 39. STATUTE II. March 3, 1797. [Obsolete.] Act laying duty on snuff repealed. 1795, ch. 43. 1798, ch. 80. Relief grant ed in certain cases. STATUTE II. March 3, 1797. 1794, ch. 23. [Obsolete.] discontinued. 1799, ch. 43. Post roads es tablished. following post roads be discontinued, namely: from Blue-hill, in Maine, to Penobscot, Frankfort and Belfast; from Bardstown, in Kentucky, to Nashville, in Tennessee; from Taunton to Providence; from Bethlehem, by Reading, to Lancaster; from Elkton to Warwick; from Georgetown to Cheraw Courthouse; from Bethlehem to Wilkesbarre; from Plymouth to Windsor; from Winton, by the bridge on Bennett's creek, to R. Mitchell's; from Mecklenburg to Halifax Courthouse; from Richmond, by Newcastle, to Aylett's Warehouse; from Morgantown, by Lincolntown, to Pinckney Courthouse; from Springfield, by Northampton, Brattleborough and Charleston, by Windsor, in Vermont, to Hanover. SEC. 2. And be it further enacted, That the following be established as post roads, namely: from Blue-hill, in Maine, through Castine, Penobscot, Buckston, Frankfort and Prospect, to Belfast; from Hallowell, in Maine, to Farmington, on Sandy river; from Portland, in Maine, by Falmouth, Gorham, Buxton and Standish, to Limerick; from Berwick, in Maine, through Lebanon, Shapleigh and Parsonfield, to Limerick; from Standish, by Flintstown, to Fryburg academy; from Sandwich, by Tamworth and Conway, in New Hampshire, to Fryburg, in Massachusetts; from Portsmouth to Dover, in New Hampshire; from Newburyport to Haverhill; and from Haverhill, by Kingston, Exeter, Newmarket and Durham, to Dover; from Yarmouth, by Dennis, Harwich and Chatham, to Truro; from Worcester, in Massachusetts, by Petersham and Northfield, to Brattleborough, in Vermont; from Newport, in Rhode Island, through Taunton, Norton, Mansfield and Sharon, to Boston; from Boston, through Charlestown, Medford, Wooburn, Billerica, Chelmsford and Tyngsborough, in Massachusetts, to Amherst, in New Hampshire; from Windsor, in Vermont, by Royalton, Randolph, Williamston and Montpelier, to Burlington; from New Haven, in Connecticut, by such route as the postmaster shall deem expedient, to Litchfield and Sheffield, in Massachusetts; from New York, by Whiteplains, Bedford, Frederickstown, Dover, Sharon, Sheffield, Stockbridge, Pittsfield and Williamston, to Bennington, in Vermont; from Lansingburg, in New York, by Waterford, Stillwater, Fort Edward, Whitehall landing, and Fairhaven, to Rutland, in Vermont; from New York to Hackensack, Paramus, New Antrim, thence to Chester and Goshen; from Lansingburg, by Salem, Fairhaven, Vergennes and Bason harbor, to Plattsburg; from Plattsburg to Pliny Moore's in the town of Champlain ; from Schenectady, by Ballston Springs and Glen's bridge, to Sandy-hill; from Old Fort Schuyler, in New York, by Cincinnatus, to Oxford academy, on the Chenango; from Rome, in the state of New York, to Rotterdam, on the Oneida Lake; from Philadelphia to Tuckerton, in New Jersey; from Bristol, in Pennsylvania, to Burlington, in New Jersey; from Bethlehem, by Easton, to Wilkesbarre, in Pennsylvania; from Harrisburg, upon the east side of the Susquehanna river, to Clark's Ferry at Petersburg, by Millerstown, Thompson-town, Mifflintown, Lewistown, and Huntingdon, to Alexandria; from thence, by Center Furnace and Bellefount, to Milesburg, on the Bald Eagle river, at the mouth of Spring Creek; from thence, by Aaronsburg, Mifflinburg, Lewisburg (Deerston) and Northumberland, to Sunbury, and from thence down the east side of the Susquehanna river, to Harrisburg; from Somerset, through Connelsville, to Uniontown, and from Bedford, in Pennsylvania, the mail shall be carried through Somerset, to Greensburg, after the expiration of the present contract for carrying the mail; from Baltimore, by Ellicott's lower mills, Montgomery Courthouse and Charlesburg, to Leesburg, in Virginia; from Morgantown, in Virginia, to Clarksburg, in Harrison county: from Leesburg, by Middleburg, in Loudoun county, by Fauquier Courthouse, to Culpeper Courthouse; from Petersburg, by Sussex Courthouse, and Southampton Courthouse, |