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Certified copies of accounts evidence.

Penalty on not accounting.

Distribution of penalties.

Postmaster General may provide for the receipt of let ters to be conveyed by sea.

He may make arrangements with foreign postmasters. Exemptions of postmasters,

&c.

Letter carriers.

Before whom

by bond or obligations made in the name of the existing or any preceding Postmaster General, or otherwise, shall be instituted in the name of the "Postmaster General of the United States."

That certified copies under the seal of the general post-office, of the accounts current of the several postmasters, after the same shall have been examined and adjusted at that office, shall be admitted as evidence in all suits brought by the Postmaster General for the recovery of balances or debts due from postmasters, and in like manner copies of such accounts current as are lodged in the office of the Register of the Treasury, certified by the Register under the seal of his office, shall be admitted as evidence.

SEC. 23. And be it further enacted, That if any postmaster, or other person, who shall receive and open, or dispatch mails, shall neglect to render accounts thereof for one month after the time, and in the form and manner prescribed by law, and by the Postmaster General's instructions conformable therewith, he shall forfeit double the value of the postages which shall have arisen at the same office in any equal portion of time previous or subsequent thereto; or in case no accounts shall have been rendered at the time of trial of such case, then such sum as the court and jury shall estimate equivalent thereto, to be recovered by the Postmaster General in an action on the case.

SEC. 24. And be it further enacted, That all pecuniary penalties and forfeitures incurred under this act, shall be, one half for the use of the person or persons informing and prosecuting for the same, and the other half to the use of the United States.

SEC. 25. And be it further enacted, That it shall be lawful for the Postmaster General to make provision, where it may be necessary, for the receipt of all letters and packets intended to be conveyed by any ship or vessel beyond sea, or from any port in the United States to another port therein; and the letters so received shall be formed into a mail, sealed up, and directed to the postmaster of the port to which such ship or vessel shall be bound. And for every letter or packet so received, there shall be paid, at the time of its reception, a postage of one cent, which shall be for the use of the postmasters respectively receiving the same. And the Postmaster General may make arrangements with the postmasters in any foreign country, for the reciprocal receipt and delivery of letters and packets through the post-offices.

SEC. 26. And be it further enacted, That the postmasters, and the persons employed in the transportation of the mail, shall be exempt from militia duties, and serving on juries, or any fine or penalty for neglect thereof.

SEC. 27. And be it further enacted, That letter carriers shall be employed at such post-offices as the Postmaster General shall direct, for the delivery of letters in the places respectively where such post-offices are established; and for the delivery of each such letter, the letter carrier may receive of the person to whom the delivery is made, two cents: Provided, that no letter shall be delivered to such letter carrier for distribution, addressed to any person who shall have lodged at the postoffice a written request that his letters shall be detained in the office. And for every letter lodged at any post-office, not to be carried by post, but to be delivered at the place where it is to be so lodged, the postmaster shall receive one cent of the person to whom it shall be delivered.

SEC. 28. And be it further enacted, That all causes of action arising suits and prose- under this act may be sued, and all offenders against this act may be cutions may be commenced. prosecuted, before the justices of the peace, magistrates, and other judicial courts of the several states, and of the several territories of the United States, they having competent jurisdiction by the laws of such states or territories, to the trial of claims and demands of as great value, and of prosecutions where the punishments are of as great extent; and

such justices, magistrates, or judiciary, shall take cognizance thereof, and proceed to judgment and execution as in other cases.

SEC. 29. And be it further enacted, That in all suits for causes arising under this act, the court shall proceed to trial, and render judgment the first term after such suit shall be commenced: Provided always, that whenever service of the process shall not have been made twenty days at least previous to the return day of such term, the defendant shall be entitled to one continuance, if the court on the statement of such defendant shall judge it expedient: Provided also, that if the defendant in such suits shall make affidavit that he has a claim against the general post-office, not allowed by the Postmaster General, although submitted to hini conformable to the regulations of the post-office, and shall specify such claim in the affidavit, and that he could not be prepared for the trial at such term for want of evidence, the court in such case, being satisfied in those respects, may grant a continuance until the next succeeding term.

SEC. 30. And be it further enacted, That it shall be the duty of the Postmaster General to report annually to Congress every post road which shall not, after the second year from its establishment, have produced one third of the expense of carrying the mail on the same.

SEC. 31. And be it further enacted, That from and after the last day of April next, the several clauses and provisions, excepting the first and second sections thereof, of an act, entitled "An act to establish the postoffice and post roads within the United States," and the several clauses, provisions and sections of an act (excepting the first and second sections thereof) entitled "An act, in addition to an act, intituled An act, to establish the post-office and post roads within the United States," approved the third of March, one thousand seven hundred and ninety-seven, shall be, and the same are hereby repealed: Provided, that nothing herein contained shall be construed to exonerate any person who shall not have performed the duty, or who shall have violated any of the prohibitions contained in the said acts, from suits or prosecutions; but as to all bonds, contracts, debts, demands, rights, penalties, punishments, which have been made, have arisen, or have been incurred, or which shall be made, arise, or be incurred previous to the first day of May next, the said acts shall have the same force and effect as though this act had not been made. Provided also, that the Postmaster General, deputy postmasters, contractors for carrying the mail, and others employed under the aforesaid acts, shall continue to hold their several offices, appointments and trusts, until they are otherwise removed; any thing herein contained that might be construed to the contrary notwithstanding; and also the bonds which they, or either of them, have or may give for the faithful execution of their several duties and offices, shall continue to have the same force and effect, to all intents and purposes, after the said first day of May next, as though this act had not been made. APPROVED, March 2, 1799.

CHAP. XLIV.-An Act making appropriations for the support of the Military
Establishment, for the year one thousand seven hundred and ninety-nine.
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 establishment of the United States, for the year
one thousand seven hundred and ninety-nine; the pay and subsistence
of the officers and men; bounties and premiums; the clothing, hospital,
ordnance, quartermaster's, and Indian departments; the defensive pro-
tection of the frontiers; the contingent expenses of the war department,
and the payment of military pensions, the sum of one million five hun-

741

Judgment to

first term.

be rendered the

In certain cases

a continuance
may be had.

Report to be made of certain

post roads.

Repeal of parts of former acts.

1794, ch. 23.

1797, ch. 19.

STATUTE III.

March 2, 1799.

[Obsolete.] Specific ap.

propriations.

Specific appropriations.

dred and forty-seven thousand seven hundred and nineteen dollars, be and hereby is appropriated; that is to say:

For the pay of the army of the United States, the sum of four hundred and forty-five thousand two hundred and twenty-four dollars.

For the subsistence of the officers of the army, fifty-six thousand three hundred and seventy-six dollars.

For the subsistence of the non-commissioned officers and privates, the sum of three hundred and seventy-one thousand seven hundred and eighty-nine dollars.

For forage, the sum of seventeen thousand one hundred and sixty dollars.

For equipments for one company of cavalry, two thousand one hundred and forty dollars.

For horses for the cavalry, to replace those which may die, or become unfit for service, the sum of four thousand five hundred dollars.

For clothing, the sum of one hundred and twenty-seven thousand four hundred and fifty dollars.

For bounties and premiums, the sum of five thousand dollars.
For the hospital department, the sum of twelve thousand dollars.
For the ordnance department, the sum of eighty-one thousand one
hundred and eighty dollars.

For the quartermaster's department, the sum of two hundred thousand dollars.

For the Indian department, the following sums, that is to say:

For promoting civilization among the Indian tribes, and pay of temporary agents, the sum of fifteen thousand dollars.

For the expense attending the running of the line of demarkation between the Indian territory and the United States, including the pay of commissioners, surveyors, and assistants, the sum of four thousand dollars.

For contingent expenses for presents to Indians, on their visits to the seat of government, expenses attending their journies, and during their stay at the seat of government, the sum of ten thousand dollars.

For rations to Indians at the different military posts, and within their respective nations, the sum of twenty-two thousand five hundred dollars.

For the defensive protection of the frontiers of the United States, including the erection and repair of forts and fortifications, the sum of sixty thousand dollars.

For loss of stores, allowances to officers on being ordered to distant commands, and for special purposes, advertising and apprehending deserters, printing, purchasing of maps, and other contingencies, the sum of twenty thousand dollars.

For the annual allowance to the invalids of the United States, for their pensions from the fifth day of March, one thousand seven hundred and ninety-nine, to the fourth day of March, one thousand eight hundred, the sum of ninety-three thousand four hundred dollars.

SEC. 2. And be it further enacted, That for the additional army of the United States, the following sums, including the sum of nine hundred thousand dollars, already appropriated on account, be, and are hereby, respectively, appropriated, that is to say:

For the pay and subsistence of the officers, non-commissioned officers and privates, the sum of one million six hundred thousand four hundred and forty-three dollars.

For forage, the sum of forty-five thousand four hundred and seventyeight dollars.

For bounties and premiums, the sum of one hundred and thirty-five thousand and sixteen dollars.

For clothing, two hundred and forty-one thousand one hundred dollars.

For the expense of horses and equipments for the dragoons, the sum of fifty-eight thousand seven hundred and ninety-three dollars.

For the hospital department, the sum of forty thousand dollars. For the quartermaster's department, the sum of six hundred thousand dollars.

How the ap

For contingent expenses, the sum of twenty thousand dollars. SEC. 3. And be it further enacted, That the foregoing appropriations shall be paid out of any monies in the treasury of the United States, propriations are not otherwise appropriated. APPROVED, March 2, 1799.

to be paid.

STATUTE III.

CHAP. XLV.-An Act vesting the power of retaliation, in certain cases, in the March 3, 1799. President of the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on information being given to the President of the United States, proving satisfactorily to him that any citizen of the United States, who shall have been or may be found on board any vessel of war of either of the powers at war with the French Republic, and who shall have been impressed or forced by violence or threats to enter on board such vessel, hath suffered death, or hath received other corporal punishment, or shall be imprisoned with unusual severity by order of the Executive Directory of the French Republic, or of any officer or agent acting under their authority in pursuance of any decree of the said Directory, or law of the French Republic; it shall be lawful for the President of the United States, and he is hereby empowered and required to cause the most rigorous retaliation to be executed on any such citizens of the French Republic, as have been or hereafter may be captured in pursuance of any of the laws of the United States.

APPROVED, March 3, 1799.

[Obsolete.] Act of March 3, 1813, chap.

61.

STATUTE III.

CHAP. XLVI.-An Act to regulate trade and intercourse with the Indian tribes, March 3, 1799. and to preserve peace on the frontiers.

[Expired.] Act of March

30, 1802, chap.

13.

The Indian

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following boundary line, established by treaty between the United States and various Indian tribes, shall be clearly ascertained and distinctly boundary to be marked, in all such places, as the President of the United States shall marked." deem necessary, and in such manner as he shall direct, to wit: Beginning at the mouth of the Cayahoga river on Lake Erie, and running thence up the same, to the portage between that and the Tuscaroras branch of the Muskingum; thence, down that branch, to the crossing place above Fort Laurence; thence, westwardly to a fork of that branch of the Great Miami river running into the Ohio, at or near which fork stood Laromie's store, and where commences the portage, between the Miami of the Ohio and Saint Mary's river, which is a branch of the Miami, which runs into Lake Erie; thence a westwardly course to Fort Recovery, which stands on a branch of the Wabash; thence southwestwardly, in a direct line to the Ohio, so as to intersect that river opposite the mouth of Kentucky or Cuttawa river; thence down the said river Ohio, to the tract of one hundred and fifty thousand acres near the rapids of the Ohio, which has been assigned to General Clarke, for the use of himself and his warriors; thence around the said tract, on the line of the said tract, till it shall again intersect the said river Ohio; thence down the same, to a point opposite the high lands or ridge between the mouth of the Cumberland and Tennessee rivers; thence southeastwardly on the said ridge,

ary.

Indian bound to a point, from whence a southwest line will strike the mouth of Duck river; thence still eastwardly on the said ridge, to a point forty miles above Nashville; thence northeast, to Cumberland river; thence up the said river, to where the Kentucky road crosses the same; thence to the Cumberland mountain, at the point of Campbell's line; thence in a southwestwardly direction along the foot of the Cumberland mountains, to Emory's river; thence down the same to its junction with the river Clinch; thence down the river Clinch to Hawkins's line: thence along the same to a white oak, marked one mile tree; thence south fifty-one degrees west, three hundred and twenty-eight chains to a large ash tree on the bank of the river Tennessee, one mile below southwest point; thence up the northeast margin of the river Tennessee (not including islands) to the Wild Cat Rock below Tellico block-house; thence in a direct line to the Militia spring near the Maryville road, leading from Tellico; thence from the said spring to the Chilhowee mountain, by a line so to be run, as will leave all the farms on Nine-mile creek to the northward and eastward of it, and to be continued along the Chilhowee mountain until it strikes Hawkins's line; thence along the said line to the Great Iron mountain; and from the top of which, a line to be continued in a southeastwardly course to where the most southern branch of Little river crosses the divisional line to Tugaloo river; thence along the South Carolina Indian boundary, to and over the Ocunna mountain, in a southwest course to Tugaloo river; thence in a direct line to the top of Currahee mountain, where the Creek line passes it; thence to the head or source of the main south branch of the Oconee river, called the Appalachee; thence down the middle of the said main south branch and river Oconee, to its confluence with Oakmulgee, which forms the river Altamaha; thence down the middle of the said Altamaha, to the old line on the said river; and thence along the said old line to the river Saint Mary's: Provided always, that if the boundary line between the said Indian tribes and the United States, shall, at any time hereafter, be varied by any treaty which shall be made between the said Indian tribes and the United States, then all the provisions contained in this act shall be construed to apply to the said line so to be varied, in the same manner, as said provisions apply by force of this act to the boundary line herein. before recited.

The provisions of this act

are to apply to

any future vari

ations of the boundary.

Penalty on crossing the boundary for certain pur. poses.

Penalty on going on the Indian lands south of the

SEC. 2. And be it further enacted, That if any citizen of, or other person resident in the United States, or either of the territorial districts of the United States, shall cross over, or go within the said boundary line, to hunt, or in anywise destroy the game; or shall drive, or otherwise convey any stock of horses or cattle to range, on any lands allotted or secured by treaty with the United States, to any Indian tribes, he shall forfeit a sum not exceeding one hundred dollars, or be imprisoned not exceeding six months.

SEC. 3. And be it further enacted, That if any such citizen, or other person, shall go into any country, which is allotted or secured by treaty, as aforesaid, to any of the Indian tribes south of the river Ohio, without Ohio, without a a passport first had and obtained from the governor of some one of the passport. United States, or the officer of the troops of the United States commanding at the nearest post on the frontiers, or such other person as the President of the United States may, from time to time, authorize to grant the same, shall forfeit a sum not exceeding fifty dollars, or be imprisoned not exceeding three months.

Penalty on commiting crimes in the Indian territory, or being found

therein with an hostile intention.

SEC. 4. And be it further enacted, That if any such citizen, or other person, shall go into any town, settlement or territory, belonging, or secured by treaty with the United States, to any nation or tribe of Indians, and shall there commit robbery, larceny, trespass or other crime, against the person or property of any friendly Indian or Indians, which would be punishable if committed within the jurisdiction of any state, against

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