year one thousand eight hundred, and ending in the year one thousand eight hundred and six, or at any time sooner, in whole or in part, at the option of the United States; And whereas it hath been also stated to Congress, that the charges whereon the upon the said loan have amounted to four and a half per centum, where- charges are four and a half per by a doubt hath arisen, whether the said loan be within the meaning cent. of the said last mentioned act, which limits the rate of interest to five per centum per annum; And whereas it is expedient that the said doubt be removed; Be it enacted and declared by the Senate and House of Representatives of the United States of America in Congress assembled, That the loan aforesaid shall be deemed and construed to be within the true intent and meaning of the said act, intituled "An act making provision for the reduction of the public debt," and that any farther loan, to the extent of the principal sum authorized to be borrowed by the said act, the interest whereof shall be five per centum per annum, and the charges whereof shall not exceed the said rate of four and a half per centum, shall, in like manner, be deemed and construed to be within the true intent and meaning of the said act. APPROVED, March 3, 1791. declared to be meaning of the act providing for the reduction of and also further the public debt, loans on the like within the terms. 1790, ch. 47. STATUTE III. CHAP. XXVI.—An Act making farther provision for the collection of the duties by March 3, 1791. law imposed on Teas, and to prolong the term for the payment of the Duties on Wines. WHEREAS it is conceived that the following regulations concerning teas may be conducive both to the accommodation of the importers thereof, and to the security of the revenue: 1799, ch. 22. 1790, ch. 35. Importers of teas to give bond for double the amount of the duties there. on, payable in two years, and teas in storehouses. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the provisions contained in the fortieth and forty-first sections of the act, intituled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares and merchandise imported into the United States, and on the tonnage of ships or vessels," as they regard the payment, or securing the payment of the duties on teas, it shall be lawful for every importer of teas, if he or she shall elect so to do, to give his or her bond to the collector of the district in which any of the said teas shall be landed, in double the amount of the duties thereupon, with condition for the payment of the said duties in two years from the date of such bond; which bond shall be accepted by such collector, without surety, upon the terms following; that is to say: The teas, for the duties whereof the said bond shall be accepted, shall be deposited at the expense and risk of the said importer, in one or more store- deposit the house or storehouses, as the case may require, to be agreed upon between the said importer and the inspector, or other officer of inspection of the revenue, for the port where the said teas shall be landed; and upon every such storehouse, the said Inspector or officer of inspection shall cause to be affixed two locks, the key of one of which locks shall be kept by such importer, his or her agent, and the key of the other of which locks shall be kept by the said inspector, or by such other person as he shall depute and appoint in that behalf; whose duty it shall be to attend at all reasonable times, for the purpose of delivering the said teas out of the said storehouse or storehouses. But no delivery shall be made of any of the said teas without a permit in writing, under the hand of the said inspector or officer of inspection. And in order to the obtaining of such permit, it shall be necessary that the duties upon the teas, for which the same shall be required, be first paid, or, at the option of the party or parties applying for the same, secured to be paid in manner following; that is to say: The said party or parties shall No delivery thereof to be permit, and made without a no permit grant ed without the duties first paid or secured. Time allowed for payment of duties not to be extended. Teas deposited on which duties are not paid nor secured, give bond with one or more surety or sureties to the satisfaction of the said inspector, in double the amount of the duties upon the quantity of teas in each case to be delivered, with condition for the payment of the said duties, if the same shall not exceed one hundred dollars, in four months; or, if the same shall exceed one hundred dollars, and shall not exceed five hundred dollars, in eight months; or, if the same shall exceed five hundred dollars, in twelve months: Provided always, That the time to be allowed for the payment of the duties upon any parcel of teas to be delivered, shall not be such as to extend the credit for such duties beyond the term of two years originally allowed upon the depositing of the said teas. SEC. 2. And be it further enacted, That if the duties on any parcel of teas, which shall have been deposited as aforesaid, shall not have been paid or secured to be paid in manner last specified, within the term of two years, according to the condition of the obligation to be given to the collector of the district within which the same shall have been landed, it shall be the duty of the said collector to cause so much to be sold by of the said teas, as may be necessary, to be sold at public auction, and retaining the sum which shall not have been so paid or secured of the said duties, together with the expenses of safe keeping and sale of the said teas, shall return the overplus, if any, to the owner or owners thereof, his, her, or their agent or lawful representative. collector for that purpose and overplus returned to the owner. Bonds for monies or duties to be taken in the name of the U. States, and lector of the district wherein And the SEC. 3. And be it further enacted, That the bonds which have been or shall be directed to be given, by this or any other act, for monies or duties to be paid or performed to the United States, shall be taken in the name of the United States of America; unless special direction shall have been given to take them in some other name. delivered to col- bonds to be taken as aforesaid, by any inspector of the revenue, shall be delivered by him forthwith to the collector of the district within they are to be which the teas, to which they may relate, shall have been landed, in collected. order to the collection of the monies therein specified. And the permits which shall have been granted by such inspector, for the delivery of any teas, out of any storehouse wherein they shall have been deposited, shall be received by such collector towards satisfying any bond, which shall have been, in the first instance, taken by the said collector, touching the said teas; which permits shall therefore specify the amount of the duties which shall have been paid or secured upon the teas to be delivered in virtue thereof; and the name of the ship or vessel in which they shall have been imported, and of the importer or importers thereof. Teas imported SEC. 4. And be it further enacted, That all teas which, after the after Apríl next first day of April next, shall be imported into the United States from to be landed under inspec- any foreign port or place, shall be landed under the care of the inspection of inspectors of the revenue for the ports where the same shall be respectively tors; permits given for its landing entered by them and the chests containing it marked, and correspondent certificates granted. landed; and for that purpose every permit which shall be granted by any collector, for landing the same, shall, prior to such landing, be produced to the said inspector, who by an endorsement thereupon under his hand, shall signify the production thereof to him, and the time when; after which, and not otherwise, it shall be lawful to land the teas mentioned in such permit. And the said inspector shall make an entry of all such permits, and of the contents thereof; and each chest, box or package containing any teas, shall be marked by the officer under whose immediate inspection the same shall be landed, in legible and durable characters, with progressive numbers, and with the name of the vessel in which the same shall have been imported. And the said officer shall grant a certificate for each such chest, box or package, specifying therein the name or names of the importer or importers, the ship or vessel in which the same shall have been imported, and the number thereof to accompany the same wheresoever it shall be sent. And whereas, for the payment of the duties accruing on Maderia wines, and which may be secured by bond, the term of twelve months is allowed; and it is proper to extend, in like manner, the payment of the duties accruing on other wines; Term for pay. ment of the duties on wine SEC. 5. Therefore, be it enacted, That for the payment of the duties on other than Maderia wines, and which shall be secured by bond, such bond shall be taken with condition for the payment of the duties in prolonged. twelve months, in like manner as by law is directed for the payment of the duties on Maderia wines. APPROVED, March 3, 1791. CHAP. XXVII.-An Act for granting lands to the Inhabitants and settlers at Vincennes and the Illinois country, in the territory northwest of the Ohio, and for confirming them in their possessions. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That four hundred acres of land be given to each of those persons, who in the year one thousand seven hundred and eighty-three, were heads of fami lies at Vincennes or in the Illinois country, on the Mississippi, and who since that time have removed from one of the said places to the other. And the governor of the territory northwest of the Ohio is hereby directed, to cause the same to be laid out for them, at their own expense, either at Vincennes or in the Illinois country, as they shall severally elect. STATUTE III. March 3, 1791. 400 acres of land granted to each head of a family, and 1804, ch. 35, sec. 3. also to those who have re. moved from said territory, SEC. 2. And be it further enacted and declared, That the heads of families at Vincennes or in the Illinois country in the year one thousand seven hundred and eighty-three, who afterwards removed without the limits of the said territory, are notwithstanding, entitled to the donation of four hundred acres of land made by the resolve of Congress of the twenty-ninth of August, one thousand seven hundred and eightyeight; and the governor of the said territory, upon application to him for that purpose, is hereby directed to cause the same to be laid out for such heads of families or their heirs; and shall also cause to be laid off and confirmed to such persons the several tracts of land which they may have possessed, and which before the year one thousand seven hundred and eighty-three may have been allotted to them according to the laws and usages of the government under which they had respectively settled: Provided nevertheless, That if such persons or their heirs do not return if they return and occupy the said lands within five years, such lands shall be considered as forfeited to the United States. within five years. Lands former SEC. 3. And be it further enacted, That one hundred and fifty acres of land, heretofore in possession of the Piankeshaw Indians, and now ly possessed_by Piankeshaw Inunder actual improvement, and constituting a part of the village of Vindians confirmed cennes, be given to the persons who are severally in possession of the to present possaid land. SEC. 4. And be it further enacted, That where lands have been actually improved and cultivated at Vincennes, or in the Illinois country, under a supposed grant of the same, by any commandant or court claiming authority to make such grant, the governor of the said territory be, and he hereby is empowered to confirm to the persons who made such improvements, their heirs or assigns, the lands supposed to have been granted as aforesaid, or such parts thereof as he, in his discretion, may judge reasonable, not exceeding to any one person, four hundred acres. SEC. 5. And be it further enacted, That a tract of land, containing about five thousand four hundred acres, which for many years has been fenced and used by the inhabitants of Vincennes as a common, also tract of land including the villages of Cohos and Prairie du Pont, and heretofore used by the inhabitants of the said villages as a common, be, and the same are hereby appropriated to the use of the inhabitants of a sessors. Improvers of lands claiming under a supposed grant,to have their claims confirmed. 1806, ch. 40. Lands hereto. fore used as a common to be appropriated thereto. Militia men who have not obtained any donation of land, to receive 100 acres. Vincennes and of the said villages respectively, to be used by them as a common, until otherwise disposed of by law. SEC. 6. And be it further enacted, That the governor of the said territory be authorized to make a grant of land not exceeding one hundred acres, to each person who hath not obtained any donation of land from the United States, and who, on the first day of August, one thousand seven hundred and ninety, was enrolled in the militia at Vincennes or in the Illinois country, and has done militia duty, the said land to be laid out at the expense of the grantees, and in such form and place as Appropriation the said governor shall direct. Provided nevertheless, That no claim of a tract for the founded upon purchase or otherwise, shall be admitted within a tract of land heretofore occupied by the Kaskaskia nation of Indians, and including their village, which is hereby appropriated to the use of the said Indians. Kaskaskia Indians. Grant of to P. Jam Beouvais. SEC. 7. And be it further enacted, That two lots of land heretofore Gibault and St. in the occupation of the priests at Cahokia, and situated near that village, be, and the same is hereby granted in fee to P. Gibault; and that a tract of land at Kaskaskia, formerly occupied by the Jesuits, be laid off and confirmed to St. Jam Beouvais, who claims the same in virtue of a purchase thereof. Donation lands to be laid out according to act of Congress of June 20th, 1788. SEC. 8. And be it further enacted, That so much of the act of Congress of the twenty-eighth of August, one thousand seven hundred and eighty-eight, as refers to the locations of certain tracts of land directed to be run out and reserved for donations, to the ancient settlers in the Illinois country, be, and the same is hereby repealed, and the governor of the said territory is directed to lay out the same, agreeably to the act of Congress of the twentieth of June, one thousand seven hundred and eighty-eight. APPROVED, March 3, 1791. STATUTE III. March 3, 1791. CHAP. XXVIII.—An Act for raising and adding another Regiment to the Military Establishment of the United States, and for making farther provision for the protection of the frontiers. Repealed 1795, ch. 44, § 18. An additional raised of 912 men, SECTION 1. Be it enacted by the Senate and House of Representaregiment to be tives of the United States of America in Congress assembled, That there shall be raised an additional regiment of infantry, which, exclusive of the commissioned officers, shall consist of nine hundred and twelve noncommissioned officers, privates and musicians. how organized. 1790, ch. 10. Their pay and allowances. Bounty for enlistment. ed, What officers SEC. 2. And be it further enacted, That the said regiment shall be organized in the same manner as the regiment of infantry described in the act, intituled "An act for regulating the military establishment of the United States." SEC. 3. And be it further enacted, That the troops aforesaid by this act to be raised, including the officers, shall receive the same pay and allowances, be subject to the same rules and regulations, and be engaged for the like term, and upon the same conditions, in all respects, excepting the bounty herein after mentioned, as are stipulated for the troops of the United States, in the before-mentioned act. SEC. 4. And be it further enacted, That each non-commissioned officer, private and musician, who has enlisted or shall enlist pursuant to the act aforesaid, or who shall enlist pursuant to this act, shall be entitled to receive six dollars as a bounty. SEC. 5. And be it further enacted, That in case the President of the may be appoint- United States should deem the employment of a major-general, brigadiergeneral, a quartermaster and chaplain, or either of them, essential to the public interest, that he be, and he hereby is empowered, by and with the advice and consent of the Senate, to appoint the same accordingly. And a major-general so appointed may choose his aid-de-camp, and a brigadier-general, his brigade-major, from the captains or subalterns of the line. Provided always, That the major-general and brigadier-general and how long so to be appointed, shall respectively continue in pay during such term continue in seronly, as the President of the United States in his discretion shall deem it requisite for the public service. vice. lowances to the SEC. 6. And be it further enacted, That in case a major-general, Pay and albrigadier-general, quartermaster, aid-de-camp, brigade-major and chap-officers. lain should be appointed, their pay and allowances shall be, respectively, as herein mentioned: The major-general shall be entitled to one hundred and twenty-five dollars, monthly pay, twenty dollars allowance for forage monthly, and for daily subsistence fifteen rations, or money in lieu thereof at the contract price. The brigadier-general shall be entitled to ninety-four dollars, monthly pay, with sixteen dollars allowance for forage monthly, and for daily subsistence twelve rations, or money in lieu thereof at the contract price. That the quartermaster shall be intitled to the same pay, rations and forage, as the lieutenant-colonel commandant of a regiment. That the aid-de-camp be entitled, including all allowances, to the same pay, rations and forage, as a major of a regiment. That the brigade-major be entitled, including all allowances, to the same pay, rations and forage, as a major of a regiment. That the chaplain be entitled to fifty dollars per month, including pay, rations and forage. SEC. 7. And be it further enacted, That if, in the opinion of the President, it will be conducive to the good of the service, to engage a body of militia to serve as cavalry, they furnishing their own horses, arms and provisions, it shall be lawful for him to offer such allowances to encourage their engaging in the service, for such time and on such terms, as he shall deem it expedient to prescribe. Authority to the President to employ militia cavalry, and levies, in addition to, or in lieu of mili tia, service and number. SEC. 8. And be it further enacted, That if the President should be of opinion, that it will be conducive to the public service, to employ troops inlisted under the denomination of levies, in addition to, or in place of the militia, which in virtue of the powers vested in him by law, he is authorized to call into the service of the United States, it shall be lawful for him to raise, for a term not exceeding six months (to be discharged their term of sooner if the public service will permit) a corps, not exceeding two thousand non-commissioned officers, privates and musicians, with a suitable number of commissioned officers. And in case it shall appear probable to the President, that the regiment directed to be raised by the aforesaid act and by this act, will not be completed in time to prosecute such military operations as exigencies may require, it shall be lawful for the President to make a substitute for the deficiency, by raising such farther number of levies, or by calling into the service of the United States such a body of militia as shall be equal thereto. To organize the levies and appoint officers. Militia and levies to be on the same footing as troops of U. States, SEC. 9. And be it further enacted, That the President be, and he hereby is empowered to organize the said levies, and alone to appoint the commissioned officers thereof, in the manner he may judge proper. SEC. 10. And be it further enacted, That the commissioned and noncommissioned officers, privates and musicians of the militia or said corps of levies, shall, during the time of their service, be subject to the rules and articles of war; and they shall be entitled to the same pay, rations and forage, and, in case of wounds or disability in the line of their duty, to the same compensation as the troops of the United States. SEC. 11. And be it further enacted, That the non-commissioned and entitled to officers, privates and musicians of the said corps of levies, shall be enti- clothing, tled to receive such proportional quantity of clothing, as their time of service shall bear to the annual allowance of clothing to the troops of the United States, subject, however, to a proportional deduction from their pay. |