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ACTS OF THE FOURTEENTH CONGRESS

OF

THE UNITED STATES:

Passed at the second session, which was begun and held at

the City of Washington, in the District of Columbia, on
Monday, the 2d of December, 1816, and ended on the 3d of

March, 1817.
James Madison, President. John GAILLARD, President of the

Senate, pro tempore. HENRY Clay, Speaker of the House
of Representatives.
[Note.--In consoquence of the death of Elbridgo Gerry, there was no Vice-President of
the United States during this session.]

1587. 1633.

Chap. 176. An act supplementary to an act to regulate the duties on imports and tonnage. Vol. iii. p.

$.1. Be it enacted, fc. That, the tonnage duties to be paid Tonnage duby ships or vessels which shall be entered in the United States, ses to be the excepting only such foreign ships or vessels as shall be entered act of 20h from any foreign port or place to or with which vessels of the July, 1790, exUnited States are not ordinarily permitted to go and trade, shall ships or ves. be the same as are provided by the act, entitled “ An act impos- eign ports, &c. ing duties on the tonnage of ships or vessels,” passed on the Vol. 1. p. 106. twentieth day of July, in the year of our Lord one thousand se

Nothing in this

act to impair ven hundred and ninety: Provided always, That nothing in this rights and priact contained shall be deemed in any wise to impair any rights

vileges, &c. and privileges which have been, or may be, acquired by any foreign nation under the laws and treaties of the United States relative to the duty on tonnage of vessels.

$ 2. That on all foreign ships or vessels, which shall be enter- Two dolls. ed in the United States before the thirtieth day of June next, 16 30ch Sune, from any foreign port or place, to and with which vessels of the 1817, on forUnited States are not ordinarily permitted to go and trade, there sign skips or shall be paid a duty at the rate of two dollars per ton. And the foreign ports duties provided by this act shall be levied and collected in the vessels of the same manner, and under the same regulations, as are prescribed United States, by law in relation to the duties upon tonnage now in force. (Approved, January 14, 1817.]

&c.

Chap. 182. An act to repeal, after the close of the present session of congress, the act

, en: Vol. iii. p. titled “ An act to change the mode of compensation to the members of the senate and

1538. house of representatives and the delegates from territories," passed the nineteenth of March, one thousand eight hundred and sixteen.

$1. Be it enacted, &c. That, from and after the close of the Act of 19th present session of congress, the act, entitled “ An act to change March, 1816,

.

repealed after the mode of compensation to the members of the senate and house the 3d March, of representatives and the delegates from territories,” passed the

nineteenth of March, one thousand eight hundred and sixteen,

shall be, and the same is hereby, repealed : Provided always, Nothing here. That nothing herein contained shall be construed to revive any acts repealed act or acts, or parts of acts, repealed or suspended by the act or suspended. hereby repealed. (Approved, February 6, 1817.)

ble to the

Vol. ij. p.

Vol. i. p. 499. Chap. 183. An act to extend the provisions of the act to authorize certain officers and other

persons to administer oaths, approved May the third, one thousand seven hundred and

ninety-eight. Tho chairman 31. Be it enacted, fc. That the chairman of any standing comof any standing committee mittee, either of the house of representatives or of the senate of empowered, the United States, shall be empowered to administer oaths or &c.

affirmations to witnesses in any case under their examination ; Persons guilty, and any person who shall be guilty of perjury before such com

lia

mittee shall be liable to the pains, penalties, and disabilities, prepains and pen- scribed for the punishment of the crime of wilful and corrupt alties, &c.

perjury. [Approved, February 8, 1817.]

Chap. 186. An act to repeal the second section of an act, entitled "An act concerning the 1427.

pay of officers, seamen, and marines, in the navy of the United States." Second scc- $1. Be it enacted, f.c. That the second section of an act, entition of the act of 181h April

, tled " An act concerning the pay of the officers, seamen, and ma1814, re- rines, in the navy of the United States," passed the eighteenth peaied.

of April, in the year one thousand eight hundred and fourteen, be, and the same is hereby, repealed. [Approved, February 22, 1817.) Char. 188. An act providing for the division of certain quarter sections in future sales of the

public lands. The sections § 1. Be it enacted, &c. That, from and after the first day of to be offered September next, the sections designated by number two, five, for sale in twenty, twenty-three, thirty, and thirty-three, in each and every dair quarter township of the public lands, the sale of which is now, or heresections, &c. after may be, authorized by law, shall be offered for sale either

in quarter sections or half quarter sections, at the option of the In divisions of

purchaser; and in every case of the division of a quarter secquarter sections, the por- tion, the portion shall be made by a line running due north and inado by lines south, and in every other respect the said sections shall be ofrunning due fered, whether at public or private sale, on the same terms and north and south, &c.

conditions as have been, or may be, by law, provided for the sale of the other public lands of the United States. (Approved, February 22, 1817.)

Char. 194. An act authorizing vessels'departing from the town of Bayou St. John, and basin

of the Canal de Carondelet, for foreign ports, to clear out at the customhouse in the city of New-Orleans,

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Vessels de $1. Be it enacted, Sc. That all ships or vessels, about to dc-
parting for
foreign ports part for foreign ports or places, from the town of Bayou St.
from Bayou Jobn, or basin of the Canal de Carondelet, shall be permitted to
St. John, &c.
permitted to

clear out, with their cargoes, at the customhouse in the city of

New Orleans, and depart, under the same rules, regulations, and New Orleans,

restrictions, and in every respect in the same manner, as vessels

clear out at

&c.

clearing out and departing, for foreign ports, from the said city
of New Orleans, by the way of the Mississippi river. (Approved,
March 1, 1817.)
Chap. 195. An act making reservation of certain public lands to supply timber for naval

purposes.

or, who are to

&c.

$1. Be it enacted, &c. That the secretary of the navy be au- The secretary thorized, and it shall be his duty, under the direction of the of winegary president of the United States, to cause such vacant and unap- cause lands propriated lands of the United States as produce the live oak and bak and fed red cedar timbers to be explored, and selection to be made of cedar timbers such tracts or portions thereof, where the principal growth is of obesenelopedia either of the said timbers, as in his judgment may be necessary to be made of to furnish for the navy a sufficient supply of the said timbers. tracts

, &c. The said secretary shall have power to employ such agent or The secretary agents and surveyor as he may deem necessary for the aforesaid employ agents purpose, who shall report to him the tracts by them selected,

and a surveywith the boundaries ascertained and accurately designated by report, &c. actual survey or water courses, which report shall be laid before Act of 1820, the president, which he may approve or reject, in whole or in part; and the tracts of lands thus selected with the approbation The tracts seof the president, shall be reserved, unless otherwise directed by reserved, 10law, from any future sale of the public lands, and be appropriat- less, &c ed to the sole purpose of supplying timber for the navy of the United States : Provided, That nothing in this section contained of persons

Proviso; right shall be construed to prejudice the rights of any person or per- claiming not to

be prejudiced, sons claiming lands which may be reserved as aforesaid.

$ 2. That if any person or persons shall cut any timber on the Persons cutlands reserved as aforesaid, or shall remove, or be employed in ting timber on removing, timber from the same, unless duly authorized so to do served, or any by order of a competent officer, and for the use of the navy of live oak, or the United States; or if any person or persons shall cut any live other lands, oak or red cedar timber on, or remove or be employed in remov- &c. subject to ing from, any other public lands of the United States, with in- dolls. and imtent to dispose of the same for transportation to any port or place prisonment for within the United States, or for exportation to any foreign country, such person or persons so offending, and being thereof duly convicted before any court having competent jurisdiction, shall pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding six months.

$ 3. That if the master, owner, or consignee, of any ship or Vessels taking vessel, shall knowingly take on board any timber cut on lands on board time reserved as aforesaid, without proper authority and for the use reserved, &c. of the navy, or shall take on board any live oak or red cedar forfeited. timber, cui on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the ship or vessel on board of which the same shall be seized, shall, with her tackle, appare), and furniture, be wholly forfeited.

$-4. That if any timber as aforesaid shall, contrary to the Exportation of prohibitions of this act, be exported to any foreign country, the hy to this act, ship or vessel in which the same shall have been exported shall subjects the be liable to forfeiture, and the captain or master of such ship or feiture, &c.

tioned.

p. 458.

vessel shall forfeit and pay a sum not exceeding one thousand

dollars. Recovery of $5. That all penalties and forfeitures incurred for taking on and mitigation board, transporting, or exporting, timber, by force of this act, thereof, &c. shall be sued for, recovered, and distributed, and accounted for, according to the acts men

in the manner prescribed by the act, entitled “An act to regu-,

late the collection of duties on imports and tonnage," and shall Vol. i. 567. be mitigated or remitted in the manner prescribed by the act,

entitled “ An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases

therein mentioned.” (Approved, March 1, 1817.] Vol. ii. p.

Chap. 196. An act to enable the people of the western part of the Mississippi territory to 1634, 1842.

form a constitution and state government, and for the admission of such state into the

Union, on an equal footing with the original states. Inhabitants of the western

$ 1. Be it enacted, &-c. That the inhabitants of the western part part of the of the Mississippi territory be, and they hereby are, authorized Mississippi territory io

to form for themselves a constitution and state government, and form a stato to assume such name as they shall deem proper; and the said

, be admitted state, when formed, shall be admitted into the Union upon the into the same footing with the original states, in all respects whatever. Union, &c. Boundaries of

$ 2. That the said state shall consist of all the territory intho state. cluded within the following boundaries, to wit: Beginning on

the river Mississippi, at the point where the southern boundary line of the state of Tennessee strikes the same; thence, east, along the said boundary line to the Tennessee river; thence, up the same, to the mouth of Bear creek; thence, by a direct line, to the northwest corner of the county of Washington; thence, due south, to the Gulph of Mexico; thence, westwardly, including all the islands within six leagues of the shore, to the most eastern junction of Pearl river with Lake Borgne; thence, up said river, to the thirty-first degree of north latitude ; thence, west, along the said degree of latitude, to the Mississippi river;

thence, up the same, to the beginning. Qualifications

$ 3. That all free white male citizens of the United States, of persons authorized to

who shall have arrived at the age of twenty-one years, and rechoose repre- sided within the said territory at least one year previous to the sentatives to form a con- time of holding the election, and shall have paid a county or tervention.

ritorial tax, and all persons having in other respects the legal qualifications to vote for representatives in the general assembly of the said territory, be, and they are hereby, authorized to

choose representatives to form a convention, who shall be apApp ortion- portioned among the several counties within the said territory as ment of repre- follows, to wit: from the county of Warren, two representatives ; form a con- from the county of Claiborne, four representatives ; from the vention.

county of Jefferson, four representatives ; from the county of Adams, eight representatives; from the county of Franklin, two representatives; from the county of Wilkinson, six representatives ; from the county of Amite, six representatives ; from the county of Pike, four representatives ; from the county of Lawrence, two representatives; from the county of Marion, two representatives; from the county of Hancock, two representatives;

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from the county of Wayne, two representatives ; from the county of Greene, two representatives ; from the county of Jackson, Time and two representatives ; and the election of the representatives afore- manner of said shall be holden on the first Monday and Tuesday in June election next, throughout the several counties above mentioned, and shall be conducted in the same manner as is prescribed by the laws of said territory regulating elections therein for members of the house of representatives.

$ 4. That the members of the convention, thus duly elected, Convention to be, and they hereby are, authorized to meet at the town of ington on the Washington, on the first Monday of July next; which conven- first Monday tion, when met, shall first determine, by a majority of the whole and to deternumber elected, whether it be or be not expedient, at that time, mine, &c. 10 form a constitution and state government for the people within the said territory; and if it be determined to be expedient, the convention shall be, and hereby are, authorized to form a constitution and state government: Provided, That the same, Proviso; the when formed, shall be republican, and not repugnant to the prin- boveepublicano ciples of the ordinance of the thirteenth of July, one thousand and not repuga seven hundred and eighty-seven, between the people and states ordinance of of the territory northwest of the river Ohio, so far as the same 13th July, has been extended to the said territory by the articles of agree- &c.

1787, so far, ment between the United States and ihe state of Georgia, or of the constitution of the United States : And provided also, That Proviso; as the said convention shall provide, by an ordinance irrevocable without the consent of the United States, that the people inha- iheir exemp. biting the said territory do agree and declare that they forever tion from taxdisclaim all right or title to the waste or unappropriated lands lying within the said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and moreover, that each and every tract of land sold by congress, shall be and remain exempt from any tax laid by the order, or under the authority, of the state, whether for state, county, township, parish, or any other purpose whatever, for the term of five years, from and after the respective days of the sales thereof, and ihat the lands belonging to citizens of the United States, residing without the said state, shall never be taxed higher than the lands belonging to persons residing therein; and that no taxes shall be imposed on lands the property of the United States, and that the river Mississippi, and the navigable rivers and waters leading into the same, or into the Gulph of Mexico, shall be common high-ways, and forever free, as well to the inhabitants of the said state, as to other citizens of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said state.

§ 5. That five per cent. of the nett proceeds of the lands ly- Roservation of ing within the said territory, and which shall be sold by congress lands sold, for from and after the first day of December next, after deducting making roads all expenses incident to the same, shall be reserved for making public roads and canals; of which, three fifths shall be applied to those objects within the said state, under the direction of the legislature thereof, and two fifths to the making of a road or roads leading to the said state; under the direction of congress : Proviso; prior Provided, That the application of such proceeds shall not be obligations to Vol. III.

184

and canals.

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