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Acts of Congress.

ified, or repealed by the Governor and judges of the Indiana Territory, as aforesaid.

SEC. 14. And be it further enacted, That all grants for lands within the territories ceded by the French Republic to the United States, by the Treaty of the thirtieth of April, in the year one thousand eight hundred and three, the title whereof was, at the date of the Treaty of St. Ildefonso, in the Crown, Government, or nation of Spain, and every act and proceeding subsequent thereto. of whatsoever nature, towards the obtaining any grant, title, or claim to such lands, and under whatsoever authority transacted, or pretended, be, and the same are hereby declared to be, and to have been from the beginning, null, void, and of no effect in law or equity: Provided, nevertheless, That anything in this section contained shall not be construed to make null and void any bona fide grant, made agreeably to the laws, usages, and customs of the Spanish Government, to an actual settler on the lands so granted, for himself, and for his wife and family; or to make null and void any bona fide act or proceeding done by an actual settler, agreeably to the laws, usages, and customs of the Spanish Government, to obtain a grant for lands actually settled on by the person or persons claiming title thereto, if such settlement in either case was actually made prior to the twentieth day of December, one thousand eight hundred and three: And provided further, That such grant shall not secure to the grantee or his assigns more than one mile square of land, together with such other and further quantity as heretofore has been allowed for the wife and family of such actual settler, agreeably to the laws, usages, and customs of the Spanish Government. And that if any citizen of the United States, or other person, shall make a settlement on any lands belonging to the United States, within the limits of Louisiana, or shall survey, or attempt to survey, such lands, or to designate boundaries by marking trees, or otherwise, such offender shall, on conviction thereof, in any court of record of the United States, or the Territories of the United States, forfeit a sum not exceeding one thousand dollars, and suffer imprisonment not exceeding twelve months; and it shall, moreover, be lawful for the President of the United States to employ such military force as he may judge necessary to remove from lands belonging to the United States any such citizen or other person, who shall attempt a settlement thereon.

except to the United States, nor to the subjects or citizens of any other sovereign Power, nor to the citizens of the United States. And, in order to maintain peace and tranquillity with the Indian tribes who reside within the limits of Louisiana, as ceded by France to the United States, the act of Congress, passed on the thirtieth of March, one thousand eight hundred and two, entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," is hereby extended to the territories erected and established by this act; and the sum of fifteen thousand dollars of any money in the Treasury not otherwise appropriated by law is hereby appropriated to enable the President of the United States to effect the object expressed in this section.

SEC. 16. The act, passed on the thirty-first day of October, one thousand eight hundred and three, entitled "An act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris, on the thirtieth day of April last, and for the temporary government thereof," shall continue in force until the first day of October next, anything therein to the contrary notwithstanding; on which said first day of October, this act shall commence, and have full force, and shall continue in force for and during the term of one year, and to the end of the next session of Congress which may happen thereafter.

Approved, March 26, 1804.

An Act in addition to "An act for fixing the Military
Peace Establishment of the United States."

Be it enacted, &c., That there shall be appointed, in addition to the surgeon's mates provided for by the "Act fixing the Military Peace Establishment of the United States," as many surgeon's mates, not exceeding six, as the President of the United States may judge necessary, to be attached to garrisons or posts, agreeably to the provision of the said act.

SEC. 2. And be it further enacted, That an equivalent in malt liquor or low wines, may be supplied the troops of the United States, instead of the rum, whiskey, or brandy, which by the said act is made a component part of a ration, at such posts and garrisons, and at such seasons of the year, as, in the opinion of the President of the United States, may be necessary for the preservation of their health.

Approved, March 26, 1804.

An Act in addition to the act, entitled "An act for the punishment of certain crimes against the United States."

SEC. 15. The President of the United States is hereby authorized to stipulate with the Indian tribes owning lands on the east side of the Mississippi, and residing thereon, for an exchange of lands, the property of the United States, on the west side of the Mississippi, in case the said tribes shall remove and settle thereon; but in such stipulation, the said tribes shall acknowledge themselves to be under the protection of the United States, and shall agree that they will not hold any treaty with any foreign Power, individual State, or with the individuals of any State or Power; and that they will not sell or dispose of the said lands, or any part thereof, to any sovereign Power, I shall suffer death.

Be it enacted, &c., That any person, not being an owner, who shall, on the high seas, wilfully and corruptly cast away, burn, or otherwise destroy any ship or other vessel unto which he belongeth, being the property of any citizen or citizens of the United States, or procure the same to be done, and being thereby lawfully convicted,

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Acts of Congress.

SEC. 2. Be it further enacted. That if any person shall, on the high seas, wilfully and corruptly cast away, burn, or otherwise destroy any ship or vessel of which he is owner, in part or in whole, or in any wise direct or procure the same to be done, with intent or design to prejudice any person or persons that hath underwritten, or shall underwrite any policy or policies of insurance thereon, or of any merchant or merchants that shall load goods thereon, or of any other owner or owners of such ship or vessel, the person or persons offending therein, being thereof lawfully convicted, shall be deemed and adjudged guilty of felony, and shall suffer death.

SEC. 3. And be it further enacted, That any person or persons guilty of any crime arising under the revenue law of the United States, or incurring any fine or forfeiture by breaches of the said laws. may be prosecuted, tried, and punished, provided the indictment or information be found at any time within five years after committing the offence or incurring the fine or forfeiture, any law or provision to the contrary notwithstanding. Approved, March 26, 1804.

An Act to make further appropriations for the purpose of extinguishing the Indian claims.

Be it enacted, &c., That a sum not exceeding fifteen thousand dollars, be appropriated to defray

the expenses of such treaty or treaties as the President of the United States shall deem it expedient to hold with the Indians, south of the river Ohio, for the purpose of extinguishing Indian claims to any lands lying within the limits of the United States; and that the compensation to be allowed to any of the commissioners who may be appointed for negotiating such treaty or treaties shall not exceed, exclusive of travelling expenses, the rate of six dollars per day, during the time of actual service of such commissioner.

SEC. 2. And be it further enacted, That the sum aforesaid shall be paid out of any moneys in the Treasury of the United States, not otherwise

appropriated.

Approved, March 26, 1804.

An act to authorize the adjournment of District Courts by Marshals, in certain cases.

Be it enacted, &c., That in case of the inability of the judge of any district court to attend on the day appointed for holding a special or an adjourned district court, such court may, by virtue of a written order from the judge thereof, directed to the marshal of the district, be adjourned by the marshal to the next stated term of said court, or to such day, prior thereto, as in the said order shall be appointed.

Approved, March 26, 1804.

quisite by the President of the United States, for protecting the commerce and seamen thereof, and for carrying on warlike operations against the Regency of Tripoli, or any other of the Barbary Powers, which may commit hostilities against the United States, and for the purpose also of defraying any other expenses incidental to the intercourse with the Barbary Powers, or which are authorized by this act, a duty of two and an half per centum ad valorem, in addition to the duties now imposed by law, shall be laid, levied, and collected upon all goods, wares, and merchandise, paying a duty ad valorem, which shall, after the thirtieth day of June next, be imported into the United States from any foreign port or place: and an addition of ten per centuin shall be made to the said additional duty in respect to all goods, wares, and merchandise imported in ships or vessels not of the United States: and the duties imposed by this act shall be levied and collected in the same manner, and under the same regulations and allowances as to drawbacks, mode of security, and time of payment, respectively, as are already prescribed by law in relation to the duties now in force on the articles which on the said additional duty is laid by this act.

SEC. 2. And be it further enacted, That a distinct account shall be kept of the duties imposed by this act, and the proceeds thereof shall constitute a fund, to be denominated "The Mediterranean Fund," and shall be applied solely to the purposes designated by this act: and the said additional duty shall cease and be discontinued at the expiration of three months after the ratification, by the President of the United States, of a treaty of peace with the Regency of Tripoli; unless the United States should then be at war with any other of the Barbary Powers, in which case the said additional duty shall cease and be discontinued at the expiration of three months after the ratification by the President of the United States of a treaty of peace with such Power: Provided however, That the said additional duty shall be collected on all such goods, wares, and merchandise, liable to pay the same, as shall have been imported previous to the day on which the said duty is to cease.

SEC. 3. And be it further enacted, That the President of the United States, if he shall deem it necessary, shall be, and he is hereby authorized to cause to be purchased or built, officered, manned, and equipped, two vessels of war, to carry not more than sixteen guns each, and likewise to hire or accept on loan in the Mediterranean sea, as many gun-boats as he may think proper.

SEC. 4. And be it further enacted, That a sum not exceeding one million of dollars, to be paid out of any money in the Treasury not otherwise appropriated, shall be, and the same is hereby appropriated, (in addition to the sum heretofore appropriated for the same objects,) for the purpose of defraying any of the expenses authorized by this act, which may be incurred during the present year: or, if necessary, the President of the United States is hereby authorized to borrow the

An Act further to protect the commerce and seamen of the United States against the Barbary Powers. Be it enacted, &c., That for the purpose of defraying the expenses of equipping, officering, manning, and employing such of the armed vessels of the United States as may be deemed re- | said sum, or such part thereof as he may think Acts of Congress.

proper, at a rate of interest not exceeding six per centum per annum, from the Bank of the United States, which is hereby empowered to lend the same, or from any other body or bodies politic or corporate, or from any person or persons; and so much of the proceeds of the duties laid by this act, as may be necessary, shall be and is hereby pledged for replacing in the Treasury the said sum of one million of dollars, or so much thereof as shall have been thus expended, and for paying the principal and interest of the said sum, or so much thereof as may be borrowed, pursuant to the authority given in this section: and an account of the several expenditures made under this act shall be laid before Congress during their next session. Approved, March 26, 1804.

An Act in addition to an act, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject."

Be it enacted, &c., That any alien, being a free white person, who was residing within the limits and under the jurisdiction of the United States, at any time between the eighteenth day of June, one thousand seven hundred and ninetyeight, and the fourteenth day of April, one thousand eighthundred and two, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without a compliance with the first condition specified in the first section of the act, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject."

SEC. 2. And be it further enacted. That when any alien who shall have complied with the first condition specified in the first section of the said original act, and who shall have pursued the directions prescribed in the second section of the said act, may die, before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States; and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law.

Approved, March 26, 1804.

An Act in relation to the Navy Pension Fund.

Be it enacted, &c., That all the money accruing, or which has already accrued, to the United States, from the capture of prizes authorized by law, and which has not already been paid to the Secretary of the Navy. the Secretary of the Treasury, and the Secretary of War, as commissioners of the navy pension fund, shall be paid to the Treasurer of the United States.

SEC. 2. And be it further enacted. That it shall be the duty of the Treasurer of the United States to receive all the money so accruing, and to disburse the same, pursuant to warrants from the Secretary of the Navy, countersigned by the Accountant of the Navy; and a distinct quarterly account of the moneys thus received and disbursed shall be rendered by the said Treasurer to the accounting officers of the Treasury, in the same

manner as is provided for other public moneys received by him.

SEC. 3. And be it further enacted, That it shall be the duty of the Accountant of the Navy to receive and settle all accounts whatever, in relation to the navy pension fund, and report from time to time all such settlements as shall have been made by him, for the inspection and revision of the accounting officers of the Treasury, in the same manner as in other cases of public accounts.

SEC. 4. And be it further enacted. That the Comptroller of the Treasury shall be fully authorized and empowered to direct suits for the recovery of any sums now due, or which may hereafter be due, to the United States, for prizes as aforesaid, and to prosecute the same in the name of the United States, in the same manner as in other cases for the recovery of moneys due to the United States.

SEC. 5. And be it further enacted. That the commissioners of the navy pension fund be, and they are hereby, authorized to appoint a secretary, who shall perform all such duties in relation to the fund as they shall require of him, and shall receive for his services a salary not exceeding two hundred and fifty dollars per annum, to be paid quarter yearly at the Treasury of the United States, and charged to the same fund.

SEC. 6. And be it further enacted, That the commissioners of the navy pension fund be, and they are hereby, authorized and directed to make such regulations as may to them appear expedient for the admission of persons on the roll of navy pensioners, and for the payment of the pensions. Approved, March 26, 1804.

An Act to erect a light-house at the mouth of the Mississippi River, and also a light-house at or near the pitch of Cape Lookout, in the State of North Carolina, and a beacon at the north point of Sandy Hook.

Be it enacted, &c., That, under the direction of the President of the United States, it shall be the duty of the Secretary of the Treasury to provide by contract, to be approved by the President, for building a light-house at the mouth of the river Mississippi, on such site as the President of the United States may deem most proper for the convenience and accommodation thereof.

SEC. 2. And be it further enacted, That as soon as land sufficient shall be obtained at a reasonable price for the purpose, and the jurisdiction of the land so to be obtained shall have been ceded to the United States by the State of North Carolina, it shall be the duty of the Secretary of the Treasury to provide by contract for building a lighthouse on or near the pitch of Cape Lookout, in the said State of North Carolina, which contract shall be approved by the President of the United States; and it shall be the duty of the said Secretary to furnish the said light-houses on Cape Lookout and the mouth of the Mississippi with all necessary supplies, and also to agree for the salaries or wages of the person or persons who may be appointed by the President for the superintendence and care of the same;-and the President is hereby authorized to make such appointments.

Acts of Congress.

SEC. 3. And be it further enacted, That the sum of twenty-five thousand dollars be, and is hereby, appropriated for the purpose of defraying the charges and expenses which shall accrue in consequence of the two first sections of this act, to be paid out of any moneys in the Treasury not otherwise appropriated.

SEC. 4. And be it further enacted, That it shall be the duty of the Secretary of the Treasury, as soon as the fee of the soil shall have vested in the United States, to cause a beacon to be erected on the north point of Sandy Hook, and the sum of two thousand dollars, out of any unappropriated moneys, is hereby appropriated for that purpose. Approved, March 26, 1804.

An Act to repeal a part of the act, entitled "An act supplementary to the act concerning Consuls and Vice Consuls, and for the further protection of Ame

rican seamen."

Be it enacted. &c., That the ninth section of the act, entitled "An act supplementary to the act concerning Consuls and Vice Consuls, and for the further protection of American seamen," passed the twenty-eighth of February, one thousand eight hundred and three, be, and the same is hereby, repealed.

SEC. 2. And be it further enacted, That all pow

ers of attorney for the transfer of any stock of the United States, or for the receipt of interest thereon, executed in a foreign country, since the thirtieth day of June, one thousand eight hundred and three, according to the forms in use at the Treasury of the United States prior to the said thirtieth day of June, one thousand eight hundred and

three, shall be valid to all intents and purposes; any provision in the aforesaid section hereby repealed, to the contrary notwithstanding.

Approved March 27, 1804.

An Act supplementary to the act, entitled "An act relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice President."

Be it enacted, &c., That whenever the amend ment proposed during the present session of Congress, to the Constitution of the United States, respecting the manner of voting for President and Vice President of the United States, shall have been ratified by the Legislatures of three fourths of the several States, the Secretary of State shall forthwith cause a notification thereof to be made to the Executive of every State, and shall also cause the same to be published in at least one of the newspapers printed in each State, in which the laws of the United States are annually published. The Executive authority of each State shall cause a transcript of the said notification to be delivered to the electors appointed for that purpose, who shall first thereafter meet in such State, for the election of a President and Vice President of the United States; and whenever the said electors shall have received the said transcript of notification, or whenever they

shall meet more than five days subsequent to the publication of the ratification of the above-mentioned amendment, in one of the newspapers of the State, by the Secretary of State, they shall vote for President and Vice President of the United States, respectively, in the manner directed by the above-mentioned amendment; and having made and signed three certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one, of the votes given for President, and the other, of the votes given for Vice President, they shall seal up the said certificates, certifying on each that lists of all the votes of such State given for President, and of all the votes given for Vice President, are contained therein, and shall cause the said certificates to be transmitted and disposed of, and in every other respect act in conformity with the provisions of the act to which this is a supplement. And every other provision of the act to which this is a supplement, and which is not virtually repealed by this act, shall extend and apply to every election of a President and Vice President of the United States, made in conformity to the above-mentioned amendment to the Constitution of the

United States.

And whereas, The above-mentioned amendment may be ratified by the Legislatures of threefourths of the States, and thereupon become immediately valid, to all intents and purposes, as part of the Constitution, on a day so near the day fixed by law for the meeting of the electors in the several States, that the electors shall not in every State be apprized of the said ratification, and may vote in a manner no longer conformable with the Constitution, as amended, whereby several States

might be deprived of their vote in the election

of a President and Vice President: for remedy whereof;

SEC. 2. Be it further enacted, That the electors who shall be appointed in each State for the election of a President and Vice President of the United States, shall, at every such election, unless they shall have received a transcript of the notification of the ratification of the above-mentioned amendment to the Constitution, or unless they shall meet more than five days subsequent to the publication of the said ratification by the Secretary of State, in one of the newspapers of the State, vote for President and Vice President of the United States, in the following manner, that is to say: they shall vote for two persons as President and Vice President, in conformity with the first section of the second article of the Constitution. And in other respects act in conformity with the provisions of the act to which this act is a supplement; and they shall likewise vote for one person as President, and for one person as Vice President, in conformity with the above-mentioned amendment of the Constitution; and in other respects act in conformity with the provisions of the first section of this act. But those certificates only, of votes given for President and Vice President of the United States, shall be opened by the President of the Senate, for the purpose of being counted, which shall contain the list or lists of votes given in conformity with the Constitution, as in force on the day fixed by law for the meeting of the electors, by whom the said votes shall have been given.

Acts of Congress.

• SEC. 3. And be it further enacted, That whenever, by the provisions of the second section of this act, it shall be the duty of the electors for any State to vote, in conformity both with the Constitution and the proposed amendment thereto, the Executive authority of such State shall cause six lists of the names of the electors for the State, to be delivered to the said electors, on or before the day fixed by law for them to meet and vote for President and Vice President; and the said electors shall enclose one of the said lists in each of the certificates by them made and sealed, in conformity with the provisions of this act, and of the act to which this is a supplement.

Approved, March 27, 1804.

An Act to amend an act, entitled "An act concerning the registering and recording of Ships and Vessels."

Be it enacted, &c., That no ship or vessel shall be entitled to be registered as a ship or vessel of

the United States, or, if registered. to the benefits thereof, if owned in whole or in part by any per

son naturalized in the United States, and residing for more than one year in the country from which

he originated, or for more than two years in any foreign country, unless such person be in the ca

pacity of a Consul or other public agent of the United States: Provided, That nothing herein contained shall be construed to prevent the registering anew of any ship or vessel before registered, in case of a bona fide sale thereof to any citizen or citizens resident in the United States: And provided, also, That satisfactory proof of the citizenship of the person on whose account a vessel may be purchased, shall be first exhibited to the

collector, before a new register shall be granted

for such vessel.

SEC. 2. And be it further enacted, That the proviso in the act, entitled "An act in addition to an act, entitled 'An act concerning the registering and recording of ships and vessels," passed the twenty-seventh of June, one thousand seven hundred and ninety-seven, shall be taken and deemed to extend to the executors or administrators of

described.

service. And the President of the United States is hereby further authorized to attach permanently to the said navy-yard and vessels, one other commissioned officer of the navy, who shall receive for his services the pay and emoluments of a captain commanding a twenty-gun ship, one surgeon and one surgeon's mate of the navy, who shall be severally allowed for their services the same pay, rations, and emoluments, as are allowed to a surgeon and to a surgeon's mate, in the army of the United States; one sailing-master, one head carpenter, one plumber, one head block-maker, one head cooper, two boatswains, two gunners, one sailmaker, one storekeeper, one purser, one clerk of the yard; and also such seamen and marines as in the opinion of the President shall be deemed necessary: Provided, That the number of seamen or marines shall not at any time be greater than what is at present authorized by the act to which this is a supplement.

SEC. 2. And be it further enacted, That that part of the act to which this is a supplement, which attaches to each frigate laid up in ordinary, one sailing master, one boatswain, one gunner. one

carpenter, and one cook, one sergeant or corporal frigates twelve, and to the small frigates ten sea

of marines, and eight marines, and to the large

men, and which declares that the sailing master shall have the care of the ship, and shall execute

such duties of a purser as may be necessary, shall be, and hereby is, repealed.

Approved, March 1804.

An Act supplementary to the act, entitled "An act con

cerning the City of Washington."

Be it enacted, &c., That the several compensationsand allowances established by the act entitled "Anactconcerning the City of Washington." shall be compensated from the first day of June, one thousand eight hundred and two, being the time

when the services, so compensated and allowed,

commenced under the authority of the President of the United States.

SEC. 2. And be it further enacted, That the surveyor of the said city shall receive as a compen

sation for his services an allowance of three dollars per day.

SEC. 3. And be it further enacted, That the superintendent of the City of Washington be, and

the owner or owners of vessels, in the said proviso he hereby is, authorized to pay the said compensaApproved, March 27, 1804.

An Act supplementary to the act, entitled "An act providing for a Naval Peace Establishment, and for other purposes."

Be it enacted, &c., That the President of the United States be, and he is hereby, authorized to attach to the navy-yard at Washington, and to the frigates and other vessels laid up in ordinary in the Eastern Branch, a captain of the navy, who shall have the general care and superintendence of the same; and shall perform the duties of agent to the Navy Department, and shall be entitled to receive for his services, the pay and emoluments of a captain commanding a squadron on separate

tions and allowances, from the said first of June, one thousand eight hundred and two, in conformity with the provision of the said recited act, until Congress shall otherwise direct; and also to pay and discharge all expenses of an incidental nature, which have been or may be incurred in the discharge of the functions of his office and the office of surveyor, which shall be approved by the President of the United States.

SEC. 4. And be it further enacted, That the said superintendent be, and he hereby is authorized and directed to settle and pay the claim of Peter Charles L'Enfant, for his services whilst employed by the late Board of Commissioners, in the manner, and on the terms, heretofore proposed by the said Commissioners.

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