soldier shall be discharged from the service, except by way of punish Allowance for ment for an offence, he shall be allowed his pay and rations, or an equi- officers and sol.

to valent in money, for such term of time, as shall be sufficient to travel home. from the place where he receives his discharge to the place of his residence, computing at the rate of twenty miles to a day.

Sec. 26. And be it further enacted, That there shall be allowed to Extra allowthe inspector-general, in addition to his allowance as major-general, and ance to the in. in full compensation for extra services and expenses in the execution of spector general. his office, the sum of fifty dollars per month, and that he shall be allowed a secretary to be appointed by himself, with the pay and emoluments of a captain.

APPROVED, March 3, 1799.

RESOLVED, by the Senate and House of Representatives of the United March 2, 1799. States of America in Congress assembled, That the Secretary of the A subscription Senate, and the Clerk of the House of Representatives be author- to Folwell's edi. ized and directed to subscribe, on such terms as they may deem eligible, nals of Congress for the use of the Senate and House of Representatives, for four hun- authorized. dred copies of the Journals of Congress, which are proposed to be published by Richard Folwell; and such number of copies of deficient volumes of the sets now in print, as may be necessary to complete the same.

APPROVED, March 2, 1799.

INDEX

TO THE

MATTERS IN VOLUME I.

76

Abatement of Suits and Process.

Accounts.
There shall be no reversal of a judgment in Limitation of claims of officers and soldiers

the Supreme or Circuit Court for error in by resolutions of November 2, 1785, and
ruling a plea in abatement; other than a June, 1787, suspended,

245
plea to the jurisdiction of the court, or such Of officers, soldiers, artificers, sailors, or ma-
plea to a petition or bill in equity in the rines, shall not be barred for five years from
nature of a demurrer; or for any error March 27, 1792, (obsolete,)

- 245
in fact,

85 Time of limitation extended to March 1, 1799,
No abatement of any suit in case of the death (obsolete)

- 580
of either of the parties, where the cause of Of the navy pension fund,

- 716
action survives. Executor or administrator Accused,
may prosecute or defend, -

- 90 Or persons indicted of treason, to have a copy
Notes of decisions of the courts of the United of the indictment and a list of the jurors
States in proceedings by executors, 90

and witnesses, -

· 118
Writs shall not abate for want of form, but the Acts of Legislatures of States

courts may amend imperfections in the Authenticated by the seal of the State thereto,
writ, declaration, and pleadings, return of

122
process, judgments, or course of proceed Notes of decisions of the courts of the United
ings, other than those the party demurring States on the introduction of evidence of the
shall express and set down as the cause of acts, records, and judicial proceedings of
demurrer, on such terms as they may deem

States,

· 122
proper,

91 Adjournment
Access.

Of the Courts of the United States, Supreme,
Counsel of persons charged with crimes and Circuit, and District Courts,
offences, to be always allowed, - 118

Circuit Courts,

• 369
Accessories

Supreme Court to be adjourned by one or
Before the fact, to crimes or offences.-See more of the justices until a quorum be con-
murder, robbery, piracy,

114
vened,

76
After the fact,

114 Circuit Court to be adjourned by any one of
To felonies,

116

the judges, or by the marshal, for want of a
Accountant

quorum,

• 76
Of the War Department, (repealed,)

280

District Court, if judge does not attend, to be
Accounts

adjourned by the marshal, -

76
Between the States and the United States, The Supreme Court, in case of a contagious
their regulation and settlement, 49, 178, disease, may be adjourned by the chief jus-

371, 409, 616 tice, or in case of his death or absence, by
Between the United States and receivers of an associate justice, -

- 621
public money,

512 Adjutants
Between the United States and individuals, Of regiments of militia,

272
441, 512, 561. Adjutant-General
Notes of decisions of the courts of the United Of militia to be appointed in each State, 273

States on treasury statements, transcripts, Of the provincial army may be appointed with
and documents,

· 513 the rank and pay of a brigadier-general, 559
Of the United States shall be expressed in Administration.

dollars, dimes, cents, and mills. All accounts Consuls shall take possession of the property
in public offices shall be so kept,

- 250

of persons dying within their consulates,
Of officers and persons employed in the mint, who have left no representatives, shall col-

247 lect and pay debts due to and from the

3S 757

90

77

Administration.

Agents.
estates, and remit the balance to the treasury Notes of decisions as to the treasury tran-
of the United States, in trust for the legal scripts as evidence, -

- 513
claimants,

- 255 Judgments in suits against public agents to be
Administrators and Executors

rendered the first term, with exceptions,
May prosecute and defend suits in the courts

515
of the United States, where the parties to No credit to be admitted in favour of public
such suits die before final judgment, if the agents, in suits against them, unless the
cause of action survives; and judgment same had been previously submitted to the
may be rendered for or against administra accounting officer of the treasury, - 515
tors and executors as the case may require, Notes of cases as to the priority of the United

States for the payment of debts due to
Admiralty.

them,

- 263
The District Courts shall have exclusive cog- Ale,

nisance of all causes of admiralty and not to be imported in casks of less than sixty
maritime jurisdiction in cases of seizure gallons, or in packages containing less than
under laws of imposts, navigation, and six dozen,

. 701
trade, and on waters navigable from the Aliens. See Naturalization.
sea,

An act respecting alien enemies, - 577
Trials in admiralty causes,

77 Alien Enemy,--act of July 6, 1798.
Seizures under the laws of imposts, naviga * Treatment of alien enemies,-

- 577
tion, or trade, -

77 Allowed to depart if not chargeable with
Notes of cases on the jurisdiction of the Dis crimes,

. - 577
trict Courts in cases of admiralty seizures, Jurisdiction of the courts in complaints against

77
alien enemies, -

- 577
Appeals from the District Courts in admiralty Removal of alien enemies,

- 577
causes,

83 Notes of decisions in the courts of the United
Appeals to the Supreme Court in admiralty States relating to alien enemies, - . 577
causes,

84 Allowance
Appeals to the Circuit Court,

79 For tare and draft of goods imported, - 651
In appeals from the Circuit Court in admiralty Ambassadors and Public Ministers.

causes, the facts on which the decision is The Supreme Court shall have exclusive ju-
made shall fully appear on the record, risdiction of suits or proceedings against

(altered by act of March 3, 1803,) • 83 ambassadors or other public ministers, their
Notes of cases in the courts of the United domestics and domestic servants, as courts

States in cases of admiralty seizures under of law can have consistently with the law
the laws of impost, navigation, and trade, of nations,

- 80
77 The Supreme Court shall have original, but
Ad Valorem duties

not exclusive jurisdiction of suits brought by
Shall be estimated by the collector and naval an ambassador or other public minister, 80

officer; and if no naval officer, by the col Notes of decisions of the courts of the United
lector,

- 664

States as to those provisions of the law, 81
Affidavits. See Depositions.

No writ of process shall be sued out in any
May be taken before the clerks of the courts, of the courts of a State for the arrest or

in the absence or disability of the judge, in imprisonment of any ambassador, public
all cases of survey,

- 278 minister, their domestics and servants, 118
Affirmations

Punishment of persons who shall sue forth
Allowed as well as oaths, 289, 306, 554, process against ambassadors, &c., . 118

562 Servants of ambassadors, &c, indebted before
Whenever an oath is required by the act of entering their service, not to be protected

March 2, 1798, entitled “ an act to regulate from process for such debts; and all such
duties on imposts and tonnage,” persons servants to be registered, - – 118
conscientiously scrupulous of taking an Amendments.

oath shall be permitted to affirm, - 699 Amendments of the Constitution of the United
False affirmations under the act for the collec States,

• 21
tion of the revenue of March 2, 1799. 695 The courts may amend from time to time
False affirmations punished as perjury, 116, writs, declarations, &c., and may permit

298, 316, 554, 562, 695 parties to amend defects in the process and
Agents,

pleading, on conditions in their discre-
Public, settlement of accounts with receivers tion,

- 91
of public money,

· 512 Ammunition and Arms,
Revenue officers not paying over money Non-exportation of.-See Arms and Ammu-

received by them, to forfeit their commis nition.
sions,

- 512 Annual Reports
Transcripts from the treasury, evidence in Of estimates of the public revenue and public

suits against public agents, and debtors to expenditures to be made by the Secretary
the United States,

- 512
of the Treasury,

• 65

-

605

• 253

Apparel, wearing, and personal Baggage. | Army of the United States.

Wearing apparel and other personal baggage ganization. September 29, 1789, (repealed,)
shall be exempt from duty,
661

95
Appeals,

April 30, 1790, (repealed,)

· 119
From the District Court of Kentucky to the March 3, 1791, (obsolete,)

222
Supreme Court of the United States, (re March 5, 1791, (repealed,)

.241
pealed,) -
77 March 28, 1792, (obsolete,)

246
Writs of error from the District Court of May 8, 1792, (obsolete,)

271
Maine, to the Circuit Court of Massachu May 8, 1794, (obsolete,)

- 366
setts, (obsolete)
78 June 7, 1794, (obsolete,

- 390
From final decrees of the District Court, to the March 3, 1795, (obsolete,)

- 430
Circuit Courts,

79, 83
May 30, 1796, (expired,)

- 483
Decisions of the courts on writs of error, and March 3, 1797, (repealed,)

507
appeals under the 21st and 22d sections of April7, 1798, (obsolete,)

552
the Judiciary act of September 24, 1789, May 28, 1798, (repealed,)

558
chap. 20,
84 June 22, 1798, (obsolete,)

569
From the Circuit Court to the Supreme March 2, 1799, (obsolete,)

725
Court,

84 March 3, 1799, (obsolete,)
Decisions on questions as to the value in The President may raise a provisional army

controversy in cases in which writs of error of ten thousand men. May 28, 1798, (re-
or appeals are prosecuted, -
84 pealed) -

558
Under the twenty-fifth section of the Judi Supplement to act of May 28, 1798, June 22,
ciary act of 1789, chap. 20, 85, 86

1798,

- 569
Apportionment

Non-commissioned officers and privates ex-
of representatives to Congress according to empted from arrest for debt, and to be dis-
the first census,

charged by habeas corpus,

560, 751
Appraisement

Pay and rations of the army, 120, 222, 242, 366
Of goods taken on fieri facias, when required Artillerists and engineers,

366, 552
by law of a state, to be made by appraisers Medical establishment of the army, act of
summoned by the marshal,
• 335 March, 2, 1799,

721
Ap isers,

Officers in the medical department, - 721
To be appointed by the collector for the valua Regulations of hospitals,

721
tion of goods not accompanied by invoices A physician-general to be appointed, who
or damaged,

666

shall appoint mates and other officers, 721
To ascertain the rate of damage sustained by Compensation and emoluments of the officers
goods,

- 666
of the medical establishment,

722
To take oath or affirmation,
. 666 Temporary hospitals,

• 722
Oath, &c., may be taken before commissioners, Officers of the medical establishment to be

395 subject to the rules and regulations of the
Appropriations.

army,

722
General appropriations for the support of the Medical board,

722
government of the United States.

The President may employ the army and navy
Sept. 29, 1789, (obsolete,)

95

of the United States for the purpose of exe-
Feb. 11, 1791, (obsolete,)

190 cuting the act of June 5, 1794, - 384
Dec. 23, 1791, (obsolete,)

226 Pensions to invalids. See Pensions.
Feb. 28, 1793, (obsolete,)

325 Arraignment
March 14, 1794, (obsolete,)

312 Of offenders and proceedings before trial, 118
Jan. 2, 1795, (obsolete,)

405 Arrest.
Feb. 5, 1796, (obsolete,)

· 445 No person shall be arrested in one district for
March 3, 1797, (obsolete,)

· 498 trial in another, for any cause of action in
Jan. 15, 1798, (obsolete,)

536
any Circuit or District Court,

79
March 19, 1798, (obsolete,) -

542 Notes of cases decided on arrest of persons
March 2, 1799, (obsolete,)

723

out of the district in which the action has
Arbitration,

been instituted,

79
In cases of conflicting applications for patents, Bail on arrest in criminal cases to be admitted,

322

except where the punishment is death; in
Arbitrators

which case it may be admitted by the Su-
To be appointed in cases of conflicting appli preme or Circuit Courts, or by a justice of
cations for a patent, their award to be final, the Supreme Court, or judge of the District
323 Court, at their discretion,

91
Arms and Ammunition,

Persons arrested for a criminal offence in one
The exportation of arms and ammunition district, when the trial is to take place in

prohibited, (expired) - 369, 520, 549 another district, may be removed to the
Arms for the militia of the United States pro place of trial by a warrant from the district
vided,

576 judge to the marshal,
Army of the United States.

Artificers in the public service exempted from
Acts providing for its establishment and or arrest for debt or contract,

- 751

91