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Acts of Congress.

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any master of a ship or vessel shall proceed to Mexico, east of the said river Mobile, and west such port of delivery, contrary to the directions thereof to the Pascagoula, inclusive, into a sepaaforesaid, he shall forfeit and pay five hundred rate district, and to establish such place within the dollars, to be recovered in any court of competent same as he shall deem expedient, to be the port jurisdiction, with the costs of suit.

entry and delivery for such district; and to desigSec. 8. And be it further enacted, That, during nate such other places within the same district, the term of twelve years, to commence three not exceeding two, to be ports of delivery only. months after the exchange of ratifications of the Whenever such separate district shall be erected, above-mentioned treaty shall have been notified a collector shall be appointed, to reside at the port at Paris to the French Government, French ships of entry; and a surveyor shall likewise be apor vessels coming directly from France or any of pointed, to reside at each of the ports of delivery her colonies, laden only with the produce or man- which may be established. And such collector ufactures of France, or any of her said colonies ; and surveyor shall be entitled to receive, in addiand Spanish ships or vessels coming directly from tion to their other fees and emoluments, an annual Spain or any of her colonies, laden only with the salary of two hundred and fifty dollars. And the produce or manufactures of Spain or any of her said collector shall give bond for the faithful dissaid colonies, shall be admitted into the port of charge of the duties of his office, in the sum of five New Orleans, and into all other ports of entry thousand dollars. which may hereafter be established by law within Sec. 12. And be it further enacted, That this the territories ceded to the United States by the act shall commence thirty days after the passing above-mentioned treaty, in the same manner as thereof. ships or vessels of the United States coming di- Approved, February 24, 1804. recily from France or Spain or any of their colonies, and without being subject to any other or An Act supplementary to an act, entitled “ An act to higher duty on the said produce or manufacture incorporate the inhabitants of the City of Washingthan by law now is or shall at the time be paya- ton, in the District of Columbia." ble by citizens of the United States on similar ar- Be it enacted, f.c., That the act, entitled "An ticles, imported from France or Spain, or any of act to incorporate the inhabitants of the City of their colonies, in vessels of the United States, into Washington, in the District of Columbia," except the said port of New Orleans, or other ports of so much of the same as is inconsistent with the entry in the territories above-mentioned; or to any provisions of this act, be, and the same is hereby, other or higher tonnage duty than by law now is continued in force for and during the term of or shall at the time be laid on the tonnage of ves- fifteen years from the end of the next session of sels of the United States coming from France or Congress. Spain, or from any of their colonies, to the said Sec. 2. And be it further enacted, That the counport of New Orleans, or other ports of entry within cil of the City of Washington, from and after the the territories above-mentioned.

period for which the members of the present counSec. 9. And be it further enacted, That the col- cil have been elected, shall consist of two chamlector of the district of Mississippi shall give bond bers, each of which shall be composed of nine for the true and faithful discharge of his duties, members, to be chosen by distinct ballots, accordin the sum of fifteen thousand dollars, and shall be ing to the directions of the act to which this is a allowed, in addition to the fees and emoluments supplement. A majority of each chamber shall of his office, in lieu of all other commissions, one constitute a quorum to do business. In case vaand a half per cent. on all moneys by him re- cancies shall occur in the council, the chamber in ceived on account of the duties arising from goods, which the same may happen shall supply the same wares, and merchandise, imported into the said by an election, by ballot, from the three persons district, and on the tonnage of ships and vessels; next highest on the list to those elected at the preand the naval officers and surveyors of the said ceding election; and a majority of the whole numdistrict shall, respectively, receive an annual com- ber of the chamber in which such vacancy may pensation of two hundred and fifty dollars, in ad- happen shall be necessary to make an election. dition to their other fees and emoluments.

Sec. 3. And be it further enacted, That the Sec. 10. And be it further enacted, That the council shall have power to establish and regulate President of the United States be, and he hereby the inspection of flour, tobacco, and salted prois, authorized to cause to be built and equipped visions; the gauging of casks and liquors; the one revenue cutter, in addition to those heretofore storage of gunpowder, and all naval and military authorized by law; which cutter may be officered, stores, not the property of the United States; to manned, and employed in the same manner; and regulate the weight and quality of bread; to tax the expense thereof shall be paid out of the same and license hawkers and pedlers; to restrain or fund as is provided for defraying the expense of prohibit tippling-houses, loiteries, and all kinds of the revenue cutters heretofore authorized by law. gaming; to superintend the health of the city; to

Sec. 11. And be it further enacted, That the preserve the navigation of the Potomac and AnaPresident of the United States be, and he hereby costa rivers, adjoining the city; to erect, repair, is, authorized, whenever he shall 'deem it expedi- and regulate public wharves, and to deepen docks ent, to erect the shores, waters, and inlets of the and basins; to provide for the establishment and bay and river of Mobile, and of the other rivers, superintendence of public schools; to license and creeks, inlets, and bays, emptying into the Gulf of regulate, exclusively, hackney coaches, ordinary

Acis of Congress. keepers, retailers, and ferries; to provide for the months next preceding the day of the election, appointment of inspectors, constables, and such and who shall have been within that time charged other officers as may be necessary to execute the with any tax upon the public books, and shall laws of the corporation; and to give such com- bave paid such tax, shall be qualified to vote for pensation to the mayor of the city as they may members to serve in the common council of the deem fit.

said town, and no other person shall exercise ibe Sec. 4. And be it further enacted, That the right of suffrage; and the persons qualified, as levy court of the county of Washington shall not aforesaid, to vote, shall meet at some convenient hereafter possess the power of imposing any tax place in the ward in which they respectively reon the inhabitants of the City of Washington. side, and elect by ballot four persons for the repe Approved, February 24, 1604.

resentatives of such ward in the common council, out of the free whice male citizens who shall

have arrived to the age of twenty-one years, and An Act to amend the Charter of Alexandria.

shall have resided in the town of Alexandria Be it enacted, fc., That the town of Alexan- three years, and in the ward for wbich he shall dria sbail be, and is hereby, divided into two dis- be elected for the space of three months imme tricts, by a line running east and west, at an equal diately preceding the election, and shall moredistance between King and Prince streets, begin-over be seized of an estate of freehold in the said ning at the river Potomac and extending to the ward, and be housekeeper therein. And that the western boundary of said town; and all that part said election shall be held on the first Tuesday of of the town, which is situate nörth of the said di- March, in every year. by three commissioners to viding line, shall be called the northern district; be appointed in each ward for that purpose by the and all that part of the town, which is situate mayor and commonally for the ensuing election, south of the said dividing line, shall be called the and afterwards by the common council, which apsouthero district of the town of Alexandria; and pointment shall be at least ten days before the where any house or lot shall be situate partly in day of each election, except in regard to the first each district, it shall be considered as lying in election to be held under ibis act. The election that district where the greater part of said house for the ensuing year shall be held at such place, or lot is situate, and shall be assessed accordingly; in each ward, as shall be fixed on by the mayor each of the districts aforesaid shall be divided into and commonalty, and thereafier shall be held at two electoral wards, by a line passing from porth such place as shall be appointed by the common to south through the middle of Pili street, to be council, of which public notice shall be given. called the first, second, third, and fourih ward ; Sec. 3. Be it further enacted, That the memnone of the taxes on the valuation of real prop-bers of the common council, elected as aforesaid, erty, which shall hereafter be collected in the or any twelve of them, shall, within seven days northern district, shall be expended in the regu- after iheir election in each year, assemble themlating, or filling up, or paving, or repairing of the selves at the court-house, or any other place which streets, or sinking of wells, or building of bridges shall be hereafter fixed for their meeting, and in the southern district; por shall the taxes on the shall choose one of their body to be presicent of valuation of real property, which shall hereafter the said common council, to whom sball be adbe collected in the southern district, be expended ministered, by any justice of the peace in the in the regulating, or filling up, or paving, or repair-county of Alexandria, an oath or affirmation for ing the streets, or sinking of wells, or building of the faithful discharge of the duties of his office ; bridges in the northern district. But all the whereupon the president of the said common moneys to be expended upon the aforesaid im- council shall administer the oath of office to the provements in either district, shall be raised by other members of the said council, and shali hare, an assessment on the valuation of real property while the council is in session, ihe same power in each district, respectively, al the times and in which is at present exercised by the mayor, upon the manner the said commor council shall order the like occasion ; and he shall convene ihe couaand direct. It shall be the duty of the assessors cil whenever in the opinion of four of the memand other public officers to keep the accounts of bers expressed to him in writing, or whenever ia each district separate and distinct in regard to the his opinion the good of the town may require it; assessments for the aforesaid local purposes; and and ihe authority of the said common council all other taxes which are now, or shall hereafter shall continue one year from the day of their be, assessed or levied upon the valuation of real election, and until others are chosen and qualified property or other subjects, together with the fines, in their stead, and no longer. That the common and also the rents issuing from the properly be council so elected, and those thereafter to be longing to the corporation, and all their other re- elected, and their successors, shall be and hereby sources, shall constitute a general fund, to be ap- are made a body politic and corporate, by the propriated as the common council shall direct. name of the Common Council of Alexandria; and

Sec. 2. Be it further enacted, That every free by the said name shall have perpetual succession white male citizen of full age, who shall be bona with capacity 10 purchase, possess, and enjoy fide seized of a freehold estate in the town of lands and tenements, and goods and chatiels, Alexandria, or who shall have resided in the town either in fee or lesser estate therein, and the same aforesaid for the space of one year, and have been to give, grant, let, sell, assign, or transfer ; add to a housekeeper therein for ihe space of three plead and be impleaded, prosecute and defend all

Acts of Congress.

causcs, complaints, actions real, personal, or mixed, shall be prescribed in such manner as the comand to have one common seal, and perpetual suc- mon council shall deem fit for carrying into execession. And all the estate, righis, and credits, cution the powers hereby granted. now vested in the mayor and commonalty of the Sec. 6. Be it further enacted, That the juristown of Alexandria, shall be vested in ihe said diction of the said common council shall extend common council, when elected, and may be re- over the harbor of Alexandria, and over vessels of covered in their name for the use of the said every description which may arrive and be in the town, and in like manner all claims and demands harbor, or be at anchor in any part of the river agaiost the mayor and commonalty of Alexan- Potomac, below Pearson's Island, and within the dria, prior to the operation of the present act, may District of Columbia, for the purpose of preventbe prosecuted and recovered against the aforesaid ing and removing all nuisances, and such other common council; and process served upon the subjects or things, being on board any such vessel, president of the common council, shall be deemed as may be prejudicial io the health of the town, sufficient.

and for no other purpose: And, also, their jurisSec. 4. Be it further enacted, That the jurisdiction shall extend over the house laiely built in diction of the said common council shall extend the vicinity of the town for the accommodation to the limits heretofore prescribed by law, and of the poor and others, and over the ten acres of exercised by the mayor and commonally. The ground thereto belonging, and over all persons concurrence of a majority of the whole number who may be sent or placed there by the consent or of members elected into the common council, authority of the common council, and on their shall be necessary for the passing of any law, or- way to and from the same, until they be regularly der, or resolution, or for repealing, altering, or discharged: Provided, That paupers and other revoking the same.

persons shall not be considered as having thereby Sec. 5. Be it further enacted, That the said gained a residence in the county, so as to become common council shall have power 10 erect and chargeable thereto. repair work-houses, houses of correction, and Sec. 7. Be it further enacted, That the comother public buildings, for the benefit of the said mon council shall, annuaily, at their first meettown; to pave, make, and repair the streets and ing after their own election and qualification, highways; to make all laws which they shall choose by ballot a fit and able man, having the conceive requisite for the preservation of the qualifications hereinafter directed, to be mayor of health of the inhabitants, and for the regulation the town, which choice shall be made by a maof the morals and police of the said town, and to jority of the whole number of members of the enforce the observance of their said laws, by said common council, unless the whole number of reasonable penalties and forfeitures, to be levied members be equally divided belween two persons, upon the goods and chattels of the offender; and in which case one of those two persons shall be they shall have power to raise money by taxes, immediately, by the vote of the president of the for the use and benefit of the said town: Pro-council, elected. The mayor shall hold his office vided, That such laws shall not be repugnant to, for one year, from the time of his election, and or inconsistent with, the laws and Constitution until a successor is chosen and qualified in his of the United States. The said common council stead. At the expiration of which period be may shall, whenever they deem it proper, bave power be re-elected for iwo years thereafter in succesto open, extend, regulate, pave, and improve the sion, and no longer, until he shall bave been out of streets, within the limits of the said town: Pro- office for one year. He shall, before he enters vided, They make to the person or persons who upon the duties of his office, take an oath or affirmay be injured by such extension, just and ade- mation, in the presence of the council, faithfully quate compensation out of the funds of the corpo- to execute his said office, which shall be recorded ration, to be ascertained by the verdict of an im- in their book of proceedings. He shall see that partial jury, in like manner as has been usual in the laws of the corporation be duly executed, and other cases, where private property has been con shall report the negligence or misconduct of any demned for public use. They shall have power officer to the common council, who, on satisfacto hold and keep within the said town, market tory proof thereof, may remove from office the days in every week, and from time to time, to said delinquent, or take such other measures thereappoint a clerk of the market, who shall do and upon, as shall be just and lawful. He shall have perform all things belonging to the office of clerk power to convene the common council when, in his of the market within the said town, according to opinion, the good of the community may require the rules and regulations which they shall pre- it

, and he shall lay before the council, from to time, scribe. They shall have power to pass all laws in writing, such alterations in the laws of the cornot inconsistent with the laws of the United poration, as he shall deem necessary or proper. States, which they may conceive requisite for He shall have and exercise all the powers of a justhe prevention and removal of nuisances, and 10tice of the peace within the said iown, and shall appoint a superintendent of police, commissioners, receive for his services, annually, a just and reaand surveyors of the streets, constables, collectors sonable compensation, to be allowed and fixed by of the taxes, and all other officers who may be the common council, which shall not be increased deemed necessary for the execution of their laws, or diminished during the period for which he shall who shall be paid for their services a reason- have been elected. Any person shall be eligible able compensation, and whose duties and powers to the office of mayor, who is a white male citizen Acts of Congress.

of the United States, who shall have attained to votes, the commissioners shall decide, and shall the age of thirty years, and who shall be the bona make a return of the persons so elected, under their fide owner of a freehold estate in the said town, hands and seals, to the mayor, who shall cause the and shall have been a resident in the town of Alex- same to be published in the newspapers of the andria five years immediately preceding his elec- town; the said commissioners shall also send a tion, and no other person shall be eligible to the duplicate return, under their hands and seals, of said office.

the persons elected, to the clerk of the common Sec. 8. Be it further enacted, That in case of council

, who shall preserve and record the same; the refusal of any person to accept the office of the said common council shall judge of the legalmayor upon his election thereto, or of his death, ity of the election of any person who shall be reresignation, inability, or removal, the common turned as a member thereof, and shall have full council shall elect another in his place to serve power to pass all laws to enable them to come to the remainder of the year. The common council a just decision upon a contested election: They shall have power to supply vacancies in their own shall have power to compel the attendance of the body, by causing elections to be made in manner members of the council by reasonable penalties, herein-before directed, out of the citizens qualified and to pass all laws for the orderly and regular to fill the said office in the ward in which such conduct of business: They may punish any memvacancies shall have happened; and may, in the ber for disorderly behaviour, and, with consent of absence of the president, elect a president pro- three-fourths of the whole council, expel a member. tempore. In case of the temporary inability or ab- Sec. 11. And be it further enacted, That whensence of the mayor, the president of the common ever taxes upon real property, or other claims council shall perform all the duties of the mayor, charged upon real property within the town, shall that may be required to be performed during his be due and owing to the common council, and the absence or inability, and in case of vacancy in proprietor shall fail to discharge the same, the the said office he shall perform the duties thereof, said common council, after giving the party reauntil a new election shall be made.

sonable notice, when he resides in the town, sixty Sec. 9. And be it further enacted, That the acts days' notice when he resides out of the town and of the common council shall be signed by the pres- in the United States, and after six months' publi

ident of the common council, and shall be present- cation in the newspapers when he resides out of 1 ed to the mayor for his approbation, who, if he the United States, shall be empowered to recover

objects thereto, shall within three days after it the said taxes or debts, by motion in the court of shall be presented to him for his assent, return it Alexandria county : And provided, It shall appear to the common council with his objections in to the satisfaction of the court that such taxes or writing, and if a majority of the whole council claims are justly due, judgment shall be granted, shall be of opinion that the law ought to be passed, and an execution shall issue thereupon, with the it shall, notwithstanding the objections of the costs of suit, against the goods and chatiels of the mayor, become a law, and he shall sign the same; defaulter, if any can be found within the town; but if the mayor shall not return his objections to if not, that the whole property upon which the the same, within three days, to the said council, it tax or claim is due, shall, by order of the court, be shall become a law, and shall be signed by him. leased out at public auction for the shortest term The clerk of the council shall record in a book to of years that may be offered, on condition that be kept by him for that purpose, all the laws, or the lessee pay the arrearages, and also the future ders, and resolutions which shall be passed, as taxes accruing during the term, and be at liberty aforesaid, and deliver a copy of them to the pub- to remove all his improvements at the expiration lic printer, to be printed for the information of of the lease: Provided always, That the common the people.

council may prosecute any other remedy, by acSec. 10. Be it further enacted, That the com- tion, for the recovery of the said taxes and claims, missioners to superintend the election in each which is now possessed or allowed. ward, shall, before they receive any vote, take, sev- Sec. 12. And be it further enacted, That so erally, the following oath or affirmation, to be ad- much of any act or acts of the General Assembly ministered by the mayor, or any justice of the of Virginia, as comes within the purview of this peace: "I A. B. do solemnly swear, or affirm, act, shall be, and the same is hereby, repealed: (as the case may be) that I will truly and faith- Provided, That nothing herein contained shall fully receive and return the votes of such persons be construed to impair or destroy any right or as are by law entitled to vote for members of remedy which the mayor and commonalty of council in ward No. —, and that I will not know- Alexandria now possess or enjoy to or concerning ingly receive or return the vote of any who is not any debts, claims, or demands, against any person legally entitled to the same; so help me God:” or persons whatsoever; or to repeal any of the the said election shall be closed on ihe day it is laws and ordinances of the mayor and commonbegun, and the poll shall be kept open until sun- alty of the said town now in force, which are set, and no longer. The said commissioners in not inconsistent with this act. each ward, or a majority of them shall, on the Approved, February 25, 1804. next day after the election, make a list of all the votes received at said election, and the four per- An Act relating to the recording, registering, and ensons having the greatest number of votes shall be rolling of ships or vessels in the district of Orleans. duly elected; and in all cases of an equality of Be it enacted, fc., That any ship or vessel pos

Acts of Congress.

sessed of and sailing under a Spanish or French the Secretary for the Department of War, shall register, and belonging, on the twentieth day of be, and the same hereby are, directed to be placed December, one thousand eight hundred and three, on said books, and their said pensions shall be hereand continuing to belong wholly to any citizen or after paid by the United States, in the same mancitizens of the United States, then residing within ner as to other pensioners of the United States, the territories ceded to the United States, by the out of the funds already appropriated for that treaty of the thirtieth of April, one thousand purpose. eight hundred and three, between the United Sec. 2. And be it further enacted, That in placing States and the French Republic, or to any person the names of pensioners on the books, pursuant to or persons being on the said thirtieth day of April, the directions contained in the foregoing section, an inhabitant or inhabitants of the said ceded the Secretary of War shall be guided by a certifiterritories, and who continue to reside therein, cate from the State of South Carolina, when the and of which the master is a citizen of the United same shall be delivered to him, under the proper States, or an inhabitant as aforesaid, may be regis- authentications, which certificate shall specify ihe tered, enrolled, and licensed in the manner pre- names of pensioners and sums of pension; and scribed by law; and being so registered, enrolled, likewise, that they have not been paid since March or licensed, shall be denominated and deemed a the fourth, one thousand seven hundred and eighship or vessel of the United States, and entitled to ty-nine, by said State; which certificate shall be the benefits granted by any law of the United recorded in the books of the Department of War, States to ships or vessels thereof: Provided, That and the original kept on file. And each officer, it shall be lawful for the collector, to whom ap- non-commissioned officer, and soldier, whose plication shall be made for a certificate of registry, name shall be placed on the said list as a penenrollment, or license, for such ship or vessel, by sioner, in conformity to the provisions of this act, any citizen or inhabitant as aforesaid, to make or in case of the death of any such officer,

nonsuch variations in the forms of the oaths, certific commissioned officer, or soldier, his heirs or legal cates, and licenses, as shall render them applica- representatives shall receive a sum equal to the ble to the cases herein intended to be provided arrears of his pension, which shall have accrued for: And provided, also, That every such inhab- from and after the fourth day of March, one thouitant applying as aforesaid, shall, prior to his being sand seven hundred and eighty-nine, until the pasentitled to receive such certificate of registry, en- sage of this act, or until the death of such penrollment, or license, deposit with the collector, the sioner, as aforesaid, as the case may be; which register and other papers under which such ship arrearages shall be ascertained and certified by or vessel had been navigated; and also take and the Register of the Treasury in the same manner, subscribe, before the collector (who is hereby au- and under the same restrictions as are contained thorized to administer the same) the following in the act passed on the eleventh day of August, oath: “I, A B, do swear (or affirm) that I will one thousand seven hundred and ninety, entitled be faithful and bear true allegiance to the United "An act for the relief of persons therein mentionStates of America, and that I do entirely renounce ed or described :" Provided, That the commutaand abjure all allegiance and fidelity to every for- tion of half-pay which may have been received eign Prince, Potentate, State, or Sovereignty by any commissioned officer entitled to a pension, whatever. and particularly to the King of Spain as aforesaid, shall first be returned by such officer and the French Republic.”

into the Treasury of the United States, or shall be Sec. 2. And be it further enacted, That the in- deducted from the arrears of pension directed to habitants of the said ceded territory, who were resi- be paid by this act. dents thereof on the thirtieth day of April, one Approved, March 3, 1804. thousand eight hundred and three, who shall take the oath aforesaid, and who continue to reside An Act to allow drawbacks of duties on goods, wares, therein, or citizens of the United States, residents

and merchandise, transported by land, in the cases of said ceded territory, shall be entitled to all the

therein mentioned. benefits and privileges of owning ships or vessels

Be it enacted, fc., That all goods, wares, and of the United States, to ill intents and purpo- merchandise, duly imported into either of the disses, as if they were resident citizens of the United tricts of Bosion and Charleston, Salem and BevStates.

erly, Newburyport, Ipswich, or Marblehead, in Approved, February 25, 1804.

the State of Massachusetts, which shall be trans

ported by inland conveyance along the turnpike An Act for the relief of certain military pensioners in tricts, and be therefrom exported to any foreign

or other main road into another of the said disthe State of South Carolina.

port or place, shall be entitled to the benefit of a Be it enacted, f-c., That the persons to whom drawback of the duties upon such exportation, military pensions have been heretofore granted under the same provisions, regulations, restricand paid by the State of South Carolina, in pur- tions, and limitations, as if the goods, wares, and suance of ihe resolves of the United States in merchandise, were transported coastwise from Congress assembled, for the payment of pensions one to anotber of the said districts, and also upon to the invalids who were wounded and disabled the conditions specified in the seventy-ninth secduring the late war with Great Britain, and who tion of the act, entitled "An act to regulate the have not been placed on the books in the office of collection of duties on imports and tonnage.”

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