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may be sued for, prosecuted and recovered, in such courts, and be dis- Penalties how posed of in such manner, as any penalties and forfeitures which may recovered and be incurred for offences against the act, intituled “An act to provide
1790, ch. 35. 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," may legally be sued for, prosecuted, recovered and disposed of: Provided always, That if any officer entitled to a part or share of any such penalty or forfeiture, shall be necessary as a witness, on the trial for such penalty or forfeiture, such officer may be a witness upon the said trial; but in such case, he shall not receive, nor be entitled to any part or share of the said penalty or forfeiture; and the part or share, to which he would otherwise have been entitled, shall accrue to the United States. Sec. 30. And be it further enacted, That from and after the last
When this act
shall take effeot, day of March next, this act shall be in full force and effect; and so dec. much of the act, intituled “ An act for registering and clearing vessels, regulating the coasting trade, and for other purposes," as comes within the purview of this act, shall, after the said last day of March, be repealed.
APPROVED, December 31, 1792.
Chap. II.-An Act to amend an act intituled “An act establishing a Mint, and Jan. 14, 1793.
regulating the coins of the United States,” so far as respects the coinage of
Act of April
2, 1792, ch. 16. United States of America in Congress assembled, That every cent shall
Contents of contain two hundred and eight grains of copper, and every half cent cents and hall shall contain one hundred and four grains of copper; and that so much cents. of the act, intituled “An act establishing a mint, and regulating the coins of the United States," as respects the weight of cents and half cents, shall be, and the same is hereby repealed. APPROVED, January 14, 1793.
Jan. 14, 1793.
CHAP. III.-An Act to provide for the allowance of interest on the sum ordered
to be paid by the resolve of Congress, of the twenty-eighth of September, one thousand seven hundred and eighty-five, as an indemnity to the Persons therein named.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That lawful interest, from the sixteenth day of May, in the year one thousand seven hundred and seventy-six, shall be allowed on the sum of two hundred dollars, ordered to be paid to Return Jonathan Meigs, and the legal representative of Christopher Greene, deceased, by a Resolve of the United States in Congress assembled, of the twenty-eighth day of September, in the year one thousand seven hundred and eighty-five.
APPROVED, January 14, 1793.
CHAP. IV.-An Act to continue in force for a limited time, and to amend the act
Feb. 9, 1793. intituled “An act providing the means of intercourse between the United States
1798, ch. 17, 94. and foreign nations."
Section 1. Be it enacted by the Senate and House of Representa- intercourse with tives of the United States of America in Congress assembled, That the foreign nations act, intituled “ An act providing the means of intercourse between the continued. United States and foreign nations," which would expire at the end of July 1, 1790,
ch. 22. the present session of Congress, be, and the same hereby is, together
1796, ch. 41.
Accounts thereof how and when furnished and settled.
with this act, continued in force for the space of one year, from the passing of this act, and from thence until the end of the session of Congress then, or next thereafter holden, and no longer.
Sec. 2. And be it further enacted, That in all cases, where any sum or sums of money have issued, or shall hereafter issue, from the treasury, for the purposes of intercourse or treaty, with foreign nations, in pursuance of any law, the President shall be, and he hereby is authorized to cause the same to be duly settled annually with the accounting officers of the treasury, in manner following, that is to say; by causing the same to be accounted for, specifically, in all instances, wherein the expenditure thereof may, in his judgment, be made public; and by making a certificate or certificates, or causing the Secretary of State to make a certificate or certificates of the amount of such expenditures, as he may think it advisable not to specify; and every such certificate shall be deemed a sufficient voucher for the sum or sums therein expressed to have been expended.
APPROVED, February 9, 1793.
Feb. 9, 1793. Chap V.-An Act regulating foreign Coins, and for other purposes.(a) Rates of fo.
Section 1. Be it enacted by the Senate and House of Representareign coins es. tablished,
tives of the United States of America in Congress assembled, That from and after the first day of July next, foreign gold and silver coins shall pass current as money within the United States, and be a legal tender for the payment of all debts and demands, at the several and respective rates following, and not otherwise, viz: The gold coins of Great Britain and Portugal, of their present standard, at the rate of one hundred cents for every twenty-seven grains of the actual weight thereof; the gold coins of France, Spain and the dominions of Spain, of their present standard, at the rate of one hundred cents for every twenty-seven grains and two fifths of a grain, of the actual weight thereof. Spanish milled dollars, at the rate of one hundred cents for each dollar, the actual weight whereof shall not be less than seventeen pennyweights and seven grains; and in proportion for the parts of a dollar. Crowns of France, at the rate of one hundred and ten cents for each crown, the actual weight whereof, shall not be less than eighteen pennyweights and seventeen grains, and in proportion for the parts of a crown. But no foreign coin that may have been, or shall be issued subsequent to the first day of January, one thousand seven hundred and ninety-two, shall be a tender,
as aforesaid, until samples thereof shall have been found, by assay, at (@) Acts relating to foreign coins: 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 vessels, August 4, 1790, chap. 35, sec. 40; an act relative to the rix dollar of Denmark, March 3, 1791, chap. 19; an act regulating foreign coins, and for other purposes, February 9, 1793, chap. 5; an act supplementary to an act regulating foreign coins, and for other purposes, February 1, 1798, chap. 11; an act to regulate the collection of duties on imports and tonnage, March 2, 1799, chap. 22, sec. 61 ; an act to suspend in part the act entitled, "An act regulating foreign coins, and for other purposes,” April 30, 1802, chap. 38 ; an act regulating the currency of foreign coins in the United States, April 10, 1806, chap. 22; an act regulating the currency within the United States, of the gold coins of Great Britain, France, Portugal, and Spain, and crowns of France, and five franc pieces, April 29, 1816, chap. 139 ; an act to continue in force an act regulating the currency within the United States, of the gold coins of Great Britain, France, Portugal, and Spain, and crowns of France, and five franc picces, March 3, 1819, chap. 97; an act to continue in force an act entitled, “An act regulating the currency within the United States, of the gold coins of Great Britain, France, Portugal, and Spain, and crowns of France, and five franc pieces,” March 3, 1821, chap. 53; an act to continue in force an act entitled, “An act regulating the currency within the United States, of the gold coins of Great Britain, France, Portugal, and Spain, and crowns of France, and five franc pieces,” March 3, 1823, chap. 50; an act regulating the value of certain foreign silver coins within the United States, June 25, 1834, chap. 71 ; an act regulating the value of certain foreign gold coins within the United States, June 28, 1834, chap. 96; an act supplementary to an act entitled, “An act establishing a mint, and regulating the coins of the United States," January 18, 1837, chap. 3, sec. 8; an act regulating the currency of foreign gold and silver coins in the United States, March 3, 1843, chap. 69; an act to fix the value of certain foreign moneys of account in computations at the custom-house, March 3, 1843, chap. 92.
After 1st of
the mint of the United States, to be conformable to the respective standards required, and proclamation thereof shall have been made by the President of the United States.
Sec. 2. Provided always, and be it further enacted, That at the ex- When all coins piration of three years next ensuing the time when the coinage of gold except Spanish and silver, agreeably to the act, entitled "An act establishing a mint, cease to be a and regulating the coins of the United States,” shall commence at the tender. mint of the United States, (which time shall be announced by the pro- 1792, ch. 16. clamation of the President of the United States,) all foreign gold coins,
1798, ch. 11.
1802, ch. 38. and all foreign silver coins, except Spanish milled dollars and parts of 1806, ch. 22. such dollars, shall cease to be a legal tender, as aforesaid.
Sec. 3. And be it further enacted, That all foreign gold and silver Other foreign coins, (except Spanish milled dollars, and parts of such dollars,) which coins to be coin. shall be received in payment for monies due to the United States, after the said time, when the coining of gold and silver coins shall begin at the mint of the United States, shall
, previously to their being issued in circulation, be coined anew, in conformity to the act, entitled “An act 1792, ch. 16. establishing a mint and regulating the coins of the United States."
Sec. 4. And be it further enacted, That from and after the first day of July next, the fifty-fifth section of the act, entitled “An act to provide July, 1793, 55th more effectually for the collection of the duties imposed by law on goods, 1790, ch. 35, rewares and merchandise imported into the United States,” which ascer- pealed. tains the rates at which foreign gold and silver coins shall be received for the duties and fees to be collected in virtue of the said act, be, and
1799, ch. 22, the same is hereby repealed.
Sec. 5. And be it further enacted, That the assay, provided to be Assay of coins made by the act, entitled “An act establishing a mint, and regulating when to the coins of the United States," shall commence in the manner as by
1792, ch. 16, the said act is prescribed, on the second Monday of February, annually, sec. 18. any thing in the said act to the contrary notwithstanding. Approved, February 9, 1793.
STATUTE II. Chap. VI.-An Act relative to claims against the United States, not barred by any
Feb. 12, 1793. act of limitation, and which have not been already adjusted. Section 1. Be it enacted by the Senate and House of Representa- [Obsolete.) tives of the United States of America in Congress assembled, That all Limitation of claims upon the United States, for services or supplies, or for other cause, certain matter or thing, furnished or done, previous to the fourth day of March, against U; Sato
, 1794. one thousand seven hundred and eighty-nine, whether founded upon certificates, or other written documents from public officers, or otherwise, which have not already been barred by any act of limitation, and which shall not be presented at the treasury, before the first day of May, one thousand seven hundred and ninety-four, shall forever after be barred and precluded from settlement or allowance: Provided, That nothing herein contained shall be construed to affect loan-office certificates, certificates of final settlement, indents of interest, balances entered in the books of the register of the treasury, certificates issued by the register of the treasury, commonly called registered certificates, loans of money obtained in foreign countries, or certificates issued pursuant to the act, intituled “ An act making provision for the debt of the United
1790, ch. 34. States :" And provided further, That nothing herein contained, shall be construed to prohibit the proper officers of the treasury from demanding an account or accounts to be rendered, for any monies heretofore advanced, and not accounted for, or from admitting, under the usual forms and restrictions, credits for expenditures, equal to the sums which have been so advanced.
Sec. 2. And be it further enacted, That it shall be the duty of the Auditor how Auditor of the Treasury, to receive all such claims aforesaid 'as have to keep record
of claims pre. not been heretofore barred by any act of limitation, as shall be presented.
sented before the time aforesaid, with the certificates, or other documents in support thereof, and to cause a record to be made of the names of the persons, and of the time when the said claims are presented;
hich record shall be ade in the presence of the person or persons presenting the same, and shall be the only evidence that the said claims
were presented, during the time limited by this act. Officers of the Sec. 3. And be it further enacted, That it shall be the duty of the treasury to re. accounting officers of the treasury to make report to Congress, upon all port to Congress such of the said claims as shall not be allowed to be valid, aecording to invalid.
the usual forms of the treasury.
Approved, February 12, 1793.
Feb. 12, 1793. Chap. VII.-An Act respecting fugitives from justice, and persons escaping from
the scrvice of their masters.(u) Fugitives from Section 1. Be it enacted by the Senate and House of Representajustice how to
tives of the United States of America in Congress assembled, That be apprehended and secured. whenever the executive authority of any state in the Union, or of either
of the territories northwest or south of the river Ohio, shall demand any
person as a fugitive from justice, of the executive authority of any such Copy of in- state or territory to which such person shall have fled, and shall moredictment, or af.
over produce the copy of an indictment found, or an affidavit made tida vit charging before a magistrate of any state or territory as aforesaid, charging the of the crime to person so demanded, with having committed treason, felony, or other be produced. crime, certified as authentic by the governor or chief magistrate of the
Notice of the arrest to be giv. state or territory from whence the person so charged fled, it shall be en to the execu- the duty of the executive authority of the state or territory to which such tive authority person shall have fled, to cause him or her to be arrested and secured, making the demand.
and notice of the arrest to be given to the executive authority making Fugitive to be such demand, or to the agent of such authority appointed to receive the delivered to the fugitive, and to cause the fugitive to be delivered to such agent when agent of the executive, or if no
he shall appear : But if no such agent shall appear within six months agent appointed from the time of the arrest, the prisoner may be discharged. And all within six
costs or expenses incurred in the apprehending, securing, and transmitmonths, to be discharged.
ting such fugitive to the state or territory making such demand, shall be Expenses of paid by such state or territory. apprehending. SEC. 2. And be it further enacted, That any agent, appointed as Agent to trans. port the fugitive. aforesaid, who shall receive the fugitive into his custody, shall be em
powered to transport him or her to the state or territory from which he or she shall have fled. And if any person or persons shall by force set
at liberty, or rescue the fugitive from such agent while transporting, as Penalty on per- aforesaid, the person or persons so offending shall, on conviction, be sons rescuing fugitive.
fined not exceeding five hundred dollars, and be imprisoned not exceed
ing one year. Proceedings to Sec. 3. And be it also enacted, That when a person held to labour be had on es
in cape of persons
any of the United States, or in either of the territories on the northheld to labour. west or south of the river Ohio, under the laws thereof, shall escape into
any other of the said states or territory, the person to whom such labour or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labour,(b) and to take him or her before
(a) Fugitives from justice. Holmes v. Jennison, governor of Vermont, 14 Peters, 540.
A foreign government has no right, by the law of nations, to demand of the government of the United States a surrender of a citizen or subject of such foreign government, who has committed a crime in his own country, and is afterwards found within the limits of the United States. It is a right which has no existence without, and can only be secured by a treaty pulation, Case of Jose Ferriera dos Santos, 2 Brockenb. C. C. R. 493.
(b) Fugitives from labour. In an action for the penalty by the owner of a fugitive slave, for obstruct. ing the plaintiff in arresting and seizing his slave, under the 4th section of the act of Congress of Feb
any judge of the circuit or district courts of the United States, residing May be arrestor being within the state, or before any magistrate of a county, city or
ed on proof as town corporate, wherein such seizure or arrest shall be made, and upon may be removed
required, and proof to the satisfaction of such judge or magistrate, either by oral testi- to the place
ruary 12, 1793, whether the alleged slave owes his service or labour, is a question for the jury to decide. Hill v. Low, 4 Wash. C. C. R. 327.
If the defendant knowingly obstructs the owner or his agent in seizing the fugitive, he cannot excuse himself against the penalty, by pleading ignorance of the law, or an honest belief that the person was not a fugitive from service or labour. Ibid.
Mere obstruction, hindrance, or interruption, is no offence under this act, unless it be interposed to prevent a seizure in the first instance, or a re-capture in case the fugitives after seizure should escape; and the offence in such case would be complete, although the owner should ultimately succeed in making the arrest. Ibid.
After the arrest is consummated, no subsequent obstruction, whilst the arrest continues, although it should afford an opportunity for escape, amounts to the offence; although it might possibly entitle the owner to an action at common law : or if an escape in consequence of the obstruction should happen, it might amount to the other offence, a rescue. Ibid.
The act of Congress, respecting fugitives owing service or labour, does not apply to slaves brought by their masters from one state to another, who afterwards escape or refuse to return. Ex parte Simmons, 4 Wash. C. C. R. 396.
A sojourner who brings his slave with him to Pennsylvania, cannot claim him as his slave, after he has to resided there six months. He is free by the law of that state of March 1, 1780. Ibid.
Under the act respecting fugitives from service of February 12, 1793, the judge or magistrate has no power to issue a warrant to arrest the fugitive, or commit him after the investigation is over, and the certificate is granted; although in practice the judge commits de die in diem pending the examination. The whole power is to examine, decide, and grant, or refuse the certificate. Worthington v. Preston, 4 Wash. C. C. R. 461,
If after the certificate is granted, the owner of a slave delivers him to the gaoler, who receives him, he is not officially liable for an escape, even although the commitment were under a warrant from the examining magistrate. Ibid.
Neither is the gaoler liable for an escape, as bailor, if there was no contract to pay him a reward for safe keeping, unless gross negligence be proved. Ibid.
On a question of freedom or slavery, the same rules of evidence prevail as in other cases concerning the right of property. Baldwin's C. C. R. 577.
A bill of sale is not necessary to pass the right to a slave. Ibid.
A citizen of another state, from which a slave absconds into the state of Pennsylvania, may pursue and take him without warrant, and use as much force as is necessary to carry him back to his residence. Ibid.
Such an absconding slave may be arrested on Sunday; in the night time; in the house of another, if no breach of the peace is committed. Ibid.
This right of the master results from his ownership, and the right to the custody and service of the slave by the common law, and the 11th section of the abolition law of Pennsylvania, and other laws of that state. It is the same right by which bail may arrest the principal in another state. Ibid.
The constitution of the United States does not confer, but secures the right to reclaim fugitive slaves against state legislation. Baldwin's Rep. 579.
It is no offence against the laws of a state for a master to take his absconding slave to the state from whence he absconded. The offence consists only in taking a free person by force, under the act of Pennsylvania of 1820, and the act of 1780. Ibid.
No person has a right to oppose the master in reclaiming his slave, or to demand proof of property. A judge or magistrate cannot order his arrest or detention, without oath, warrant, or probable cause. Ibid.
The master may use force in repelling such opposition, or the execution of such order, and the officer who gives such order, and all concerned in its execution, are trespassers. Ibid.
It is historically well known that the clause in the constitution of the United States, relating to persons owing service and labour in one state escaping into other states, was to secure to the citizens of the slaveholding states the complete right and title of ownership in their slaves, as property, in every state in the Union into which they might escape from the state where they were held in servitude. The full recognition of this right and title was indispensable to the security of this species of property in all the slaveholding states; and indeed was so vital to the preservation of their domestic interests and institutions, that it cannot be doubted that it is constituted a fundamental article, without the adoption of which the Union could not have been formed. Its true design was to guard against the doctrines and principles prevailing in the non-slaveholding states, by preventing them from intermeddling with or obstructing or abolishing the rights of the owners of slaves. Prigg v. Commonwealth of Pennsylvania. 16 Peters, 539.
The owner of a fugitive slave has the same right to seize and to take him in a state to which he has escaped or fled, that he had in the state from which he escaped ; and it is well known that this right to seize or recapture is universally acknowledged in all the slaveholding states. The court have not the slightest hesitation in holding, that under and in virtue of the constitution, the owner of the slave is clothed with authority in every state of the Union, to seize and recapture his slave; wherever he can do it without any breach of the peace, or illegal violence. In this sense, and to this extent, this clause in the constitution may properly be said to execute itself, and to require no aid from legislation, state or national. Ibid.
The constitution does not stop at a mere annunciation of the rights of the owner to seize his abscond. ing or fugitive slave, in the state to which he may have fled. If it had done so, it would have left the owner of the slave, in many cases, utterly without any adequate redress. Ibid.
The constitution declares that the fugitive slave shall be delivered up on claim of the party to whom