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780.

1064.

Vol. iii. p. 1698. 1798.

875. 952.

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Vol. i. p. 319. act to prohibit the carrying on the slave trade from the United States to any foreign place or country," approved March twentysecond, one thousand seven hundred and ninety-nine: "An act in addition to the act, entitled 'An act to prohibit the carrying on the slave trade from the United States to any foreign place or country," approved May tenth, one thousand eight hunVol. ii. p.1050. dred: "The act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight," approved March second, one thousand eight hundred and seven: "An act to prevent settlements being made on lands ceded to the United States until authorized by law," approved March third, one thousand eight hundred and seven: "An act in addition to An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight, and to repeal certain parts of the same," approved April twentieth, one thousand eight hundred and eighteen: "An act in addition to the acts prohibiting the slave trade," approved March third, one thousand eight hundred and nineteen: "An Vol. ii. p.1156. act to establish the post office of the United States:" "An act further to alter and establish certain post roads, and for the more secure carriage of the mail of the United States:" "An act for the more general promulgation of the laws of the United States:" "An act in addition to an act, entitled" An act for the more general promulgation of the laws of the United States:" "An act to provide for the publication of the laws of the United States, Vol. i. p. 500. and for other purposes :" "An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose:" "An act to extend the privilege of obtaining patents for useful discoveries and inventions to certain persons therein menioned, and to enlarge and define the penalties for violating the rights of patentees:" "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned :" "The act supplementary thereto, and for extending the benefits thereof to the arts of designing, engraving, and Vol. i. p. 93. etching, historical and other prints:" "An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be authenticated, so as to take effect in any Vol. ii. p. 947. other state:" "An act supplementary to the act, entitled 'An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be acknowledged, so as to take effect in any other state:" "An act for establishing trading-houses with the Indian tribes," and the several acts continuing the same: "An act making provision relative to rations for And all laws Indians, and their visits to the seat of government:" And the relating to the laws of the United States relating to the revenue and its collecrevenue and its collection, tion, subject to the modification stipulated by the fifteenth artimodifications cle of the treaty of the twenty-second February, one thousand guipulated, &c. eight hundred and nine, in favor of Spanish vessels and their car

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Vol. iii. p. 1685.

752.94.

Vol. ii. p. 866.

1188.

Vol. i. p. 794.

goes; and all other public laws of the United States, which are

not repugnant to the provisions of this act, shall extend to, and have full force and effect in, the territory aforesaid.

the exercise of

10. That, to the end that the inhabitants may be protected The inhabitin their liberty, property, and the exercise of their religion, no in their liberty, ants protected law shall ever be valid which shall impair, or in any way restrain, property, and the freedom of religious opinions, professions, or worship. They their religion. shall be entitled to the benefit of the writ of habeas corpus. They shall be bailable in all cases, except for capital offences, where the proof is evident or the presumption_great. All fines shall be moderate and proportioned to the offence; and excessive bail shall not be required, nor cruel or unusual punishments inflicted. No ex post facto law, or law impairing the obligation Contracts not of contracts, shall ever be passed; nor shall private property be ed, &c. to be impairtaken for public uses without just compensation.

of the same.

11. That all free male white persons, who are housekeepers, Qualifications of grand and and who shall have resided one year, at least, in the said territo- petit jurors, ry, shall be qualified to act as grand and petit jurors in the courts and selection of the said territory; and they shall, until the legislature thereof shall otherwise direct, be selected in such manner as the judges of the said courts shall respectively prescribe, so as to be most conducive to an impartial trial, and to be least burthensome to the inhabitants of the said territory.

slaves prohib

§ 12. That it shall not be lawful for any person or persons to Importation of import or bring into the said territory, from any port or place ited. without the limits of the United States, or cause or procure to be so imported or brought, or knowingly to aid or assist in so importing or bringing, any slave or slaves. And every person so of- Under a penalty of 300 dolfending, and being thereof convicted before any court within fars from each the said territory, having competent jurisdiction, shall forfeit and person, for pay, for each and every slave so imported or brought, the sum of three hundred dollars, one moiety for the use of the United States, and the other moiety for the use of the person or persons who shall sue for the same; and every slave so imported or brought shall thereupon become entitled to, and receive, his or her freedom.

every slave.

torial laws in

13. That the laws in force in the said territory, at the com- Present terrimencement of this act, and not inconsistent with the provisions force till alterthereof, shall continue in force until altered, modified, or repeal- ed. ed, by the legislature.

§14. That the citizens of the said territory shall be entitled Citizens of said territory to one delegate to congress, for the said territory, who shall pos- entitled to a sess the same powers heretofore granted to the delegates from delegate, &c. the several territories of the United States. The said delegate The persons shall be elected by such description of persons, at such times, by whom a and under such regulations, as the governor and legislative coun- delegate may cil may, from time to time, ordain and direct. [Approved, March 30, 1822.]

CHAP. 14. An act to authorize the state of Illinois to open a canal through the public lands, to connect the Illinois river with lake Michigan.

be elected.

thorized to survey and

§ 1. Be it enacted, &c. That the state of Illinois be, and is Illinois auhereby, authorized to survey and mark, through the public lands of the United States, the route of the canal connecting the Illi- mark, through nois river with the southern bend of lake Michigan; and ninety the route of a public lands,

river with the

of lake Michi

feet of land

to be reserved

canal; on condition, &c.

canal,connect- feet of land on each side of said canal shall be for ever reserved ing Illinois from any sale to be made by the United States, except in the southern bend cases hereinafter provided for, and the use thereof forever shall gan; and 90 be, and the same is hereby, vested in the said state for a canal, and for no other purpose whatever; on condition, however, that and vested in if the said state does not survey and direct by law said canal to the state for a be opened, and return a complete map thereof to the treasury department, within three years from and after the passing of this act; or if the said canal be not completed, suitable for navigation, within twelve years thereafter; or if said ground shall ever cease to be occupied by, and used for, a canal, suitable for navigation; the reservation and grant hereby made shall be void and of none effect: Provided always, and it is hereby enacted and obligation on declared, That nothing in this act contained, or that shall be the part of the United States done in pursuance thereof, shall be deemed or construed to imto appropriate ply any obligation on the part of the United States to appropriate any money to defray the expense of surveying or opening said Proviso; canal canal: Provided also, and it is hereby further enacted and dealways a public highway, clared, That the said canal, when completed, shall be, and for ever free of toll to remain, a public highway for the use of the government of the United States, free from any toll or other charge whatever, for any property of the United States, or persons in their service, passing through the same.

Proviso; no

money, &c.

the United

States.

Sections

through which the canal

2. That every section of land through which said canal route may pass, shall be, and the same is hereby, reserved from future passes, reserv- sale, until hereafter specially directed by law and the said state The state may is hereby authorized and permitted, without waste, to use any use necessary materials on the public lands adjacent to said canal, that may be adjacent materials, with necessary for its construction. [Approved, March 30, 1822.]

ed until, &c.

out waste,

&c.

Ships having

ters on the

10th July,

inhabitants on

CHAP. 15. An act concerning the commerce and navigation of Florida.

1. Be it enacted, &c. That any ship or vessel possessed of, Spanish regis- and sailing under, a Spanish register, on the tenth day of July, one thousand eight hundred and twenty-one, belonging, and con1821, belong- tinuing to belong, wholly to a citizen or citizens of the United ing wholly to resident States then residing within the territories ceded to the United citizens, or to States by the treaty of the twenty-second of February, one thousthe 10th July, and eight hundred and nineteen, between the United States and 1821, the mas the king of Spain, the ratifications of which were exchanged on ter being a citizen or inhab- the twenty-second of February, one thousand eight hundred and itant, may be registered, twenty-one, or to any person or persons being, on the said tenth enrolled and day of July, an inhabitant or inhabitants of the said ceded territory, and who continue to reside therein, and of which the master is a citizen of the United States, or an inhabitant as aforesaid, may be registered, enrolled, and licensed, in the manner prescribed by law; and being so registered, enrolled, and licensed, shall be denominated and deemed a ship or vessel of the United States, and entitled to the same privileges and benefits: Proto collector's vided, That it shall be lawful for the collector to whom applicavarying forms tion shall be made for a certificate of registry, enrolment, or registry, &c. license, by any citizen or inhabitant as aforesaid, to make such

licensed in

manner prescribed by law.

Proviso; as

of oaths, of

variations in the forms of the oaths, certificates, and licenses, as shall render them applicable to the cases herein intended to be

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and oath of
allegiance

taken.

Form of the

oath.

mer register, provided for: And provided also, That every such inhabitant, Proviso; forapplying as aforesaid, shall, prior to his being entitled to receive &c. to be first such certificate of registry, enrolment, or license, deposite, with surrendered the collector, the register and other papers under which such ship or vessel had been navigated; and also take and subscribe, before the collector, (who is hereby authorized to administer the same,) the following oath: "1, A B, do swear (or affirm) that I will be faithful and bear true allegiance to the United States of America, and that I do entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty, whatever, and particularly to the king of Spain.' $2. That the inhabitants of said ceded territory, who were Inhabitants on July, 1821, residents thereof on the said tenth day of July, and who shall the 10th of take the said oath, and who continue to reside therein, or citizens &c. entitled leges of ownof the United States resident therein, shall be entitled to all the to the privi benefits and privileges of owning ships or vessels of the United ing ships or States, to all intents and purposes, as if they were resident citi- vessels of the zens of the United States.

U. States.

with Spanish

and from

ican vessels

cumstances,

under like cir

3. That, during the term of twelve years, to commence three For 12 years of May, 1821, months after the twenty-second day of February, one thousand from the 22d eight hundred and twenty-one, being the day of the exchange Spanish vesof the ratifications of said treaty, Spanish ships or vessels, com- sels, laden ing laden only with the productions of Spanish growth or manu- productions, Spanish ports, facture, directly from the ports of Spain or her colonies, shall be admitted into the ports of Pensacola and St. Augustine, in entitled to enthe said ceded territory, in the same manner as ships and vessels y as Amerof the United States, and without paying any other or higher duties on their cargoes than by law now are, or shall at the time be, made payable by citizens of the United States, on similar articles imported into said Pensacola or St. Augustine, in ships and vessels of the United States, from any of the ports or places of Spain or her colonies, and without paying any higher tonnage duty than by law now is, or at the time shall be, laid on any ship or vessel of the United States, coming from any port or place of Spain or any of her colonies, to said ports of Pensacola or St. Augustine. [Approved, March 30, 1822.]

CHAP. 18. An act to amend the laws now in force as to the issuing of original writs and final process in the circuit courts of the United States within the state of Tennessee.

the circuit

defendants re.

Tennessee,

Duplicate writs may be § 1. Be it enacted, &c. That in each and every case where a citizen of any one of the United States shall wish to commence issued from a suit in the circuit court of the United States, for either the any one of district of East or of West Tennessee, against two or more citi- courts where zens of the state of Tennessee, some of whom reside in East, side, in East and some in West, Tennessee, it shall and may be lawful for such and West citizen to cause the clerk of the circuit court in which he may and, being rebe proceeded elect to commence his suit, to issue duplicate writs; one direct- turned, may ed to the marshal of East, and the other to the marshal of West, in as one case. Tennessee; which writs it shall be the duty of the respective marshals to execute and return, and when returned they shall be docketed and proceeded in to judgment as one case only.

§ 2. That in each and every case where a judgment has been Where judg

ment has been

court, the

facias, &c.

recovered in recovered, or may be hereafter recovered, in either of said cireither circuit cuit courts, it shall and may be lawful for the plaintiff in any plaintiff may such action, to cause his writ of fiere facias, alias fieri facias, issue his fiere facias or fieri or other process of execution, to be directed and delivered to the marshal of either East or West Tennessee, at his election; shal of either and it shall be the duty of such marshal to whom the same may East or West be directed, to do execution thereof, in the same manner, and must do exe- under the same penalties, that he would be if the judgment had cution thereof, been rendered in the court of the district of which he is marshal. [Approved, March 30, 1822.]

and the mar

Tennessee

&c.

Vol. iii. p. 1805.

The 3d section of act of 27th Nov.

1820, repeal

ed; and so much of the

2d sec. of act of 21st April, 1820, as was repealed by, &c. revived. Causes, actions, &c. commenced

and made re

turnable at
Cahawba, and
Mobile, re-
spectively,
&c.

Philadelphia

entry and delivery for the district.

CHAP. 23. An act supplementary to an act, entitled “An act to alter the terms of the district court in Alabama."

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1. Be it enacted, &c. That the third section of the act, entitled "An act to alter the terms of the district court in Alabama," be, and the same is hereby, repealed; and so much of the second section of the act, entitled "An act to establish a district court in the state of Alabama," as was repealed by the said third section, is hereby revived, re-enacted, and declared to be of full force and effect.

§ 2. That all causes, actions, suits, indictments, libels, pleas, processes, and proceedings, of whatsoever kind, nature, or description, sued out, commenced, or made returnable, at Cahawba, shall be there proceeded in and determined; and, in like manner, all such sued out, commenced, or made returnable, at Mobile, shall be there proceeded in and determined. [Approved, April 17, 1822.] CHAP. 24. An act to fix the limits of the port of entry and delivery for the district of Philadelphia.

§ 1. Be it enacted, &c. That Philadelphia shall, from and after hereafter the the sole port of passage of this act, be the sole port of entry and delivery for the district of Philadelphia; which said port of entry and delivery shall be bounded by the navy yard on the south, and Cohocksink creek on the north, any thing in any former law to the contrary notwithstanding. [Approved, April 17, 1822.]

Bounds of the

port of entry.

Vol. i. p. 812. CHAP. 25. An act to amend the act, entitled "An act to establish the district of Bristol, and to annex the towns of Kittery and Berwick to the district of Portsmouth," passed February twenty-fifth, eighteen hundred and one.

After the 30th
Sept. 1822,

known as the

district of Bristol and Warren; and

1. Be it enacted, &c. That, from and after the thirtieth day of the district of September next, the district of Bristol, as described in the act, Bristol to be entitled "An act to establish the district of Bristol, and to annex the towns of Kittery and Berwick to the district of Portsmouth," passed February twenty-fifth, eighteen hundred and one, Bristol and shall be called and known by the name of the district of Bristol Warren to be and Warren; and that Bristol and Warren shall thereafter be considered as one port of entry, and shall possess all the rights and privileges which now belong to the port of Bristol. [Approved, April 17, 1822.]

one port of entry.

Repealed.

Vol. iv. p.

2250.

CHAP. 27. An act to establish the district of Blakely.

1. Be it enacted, &c. That, from and after the thirtieth day From and af- of June next, the Alabama, Middle, and Tensaw rivers, in the

ter 30th June,

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