residents of the

One moiety to

salvage.

prize by any vessel, acting under authority from the government of the ty claimed by United States, shall appear to have before belonged to any person or per- U. States, and sons, resident within or under the protection of the United States, and to claimed before have been taken by an enemy of the United States, or under authority, or condemnation. pretence of authority, from any prince, government or state, against which the United States have authorized, or shall authorize, defence or repri sals, such vessel or goods not having been condemned as prize by competent authority before the recapture thereof, the same shall be restored to the former owner or owners thereof, he or they paying for and in lieu of salvage, if retaken by a public vessel of the United States, one eighth part, and if retaken by a private vessel of the United States, one sixth part, of the true value of the vessel or goods so to be restored, allowing and excepting all imposts and public duties to which the same may be liable. And if the vessel so retaken shall appear to have been set forth and armed as a vessel of war, before such capture or afterwards, and before the retaking thereof as aforesaid, the former owner or owners, on the restoration thereof, shall be adjudged to pay for and in lieu of salvage, be paid in lieu of one moiety of the true value of such vessel of war, or privateer. SEC. 2. That when any vessel or goods, which shall hereafter be taken Compensation as prize, by any vessel acting under authority from the government of the United States, shall appear to have before belonged to the United States and to have been taken by an enemy of the United States, or under au- States. thority, or pretence of authority from any prince, government or state, against which the United States have authorized, or shall authorize, defence or reprisals, such public vessel not having been condemned as prize by competent authority before the recapture thereof, the same shall be restored to the United States. And for and in lieu of salvage, there shall be paid from the treasury of the United States, pursuant to the final decree which shall be made in such case by any court of the United States, having competent jurisdiction thereof, to the parties who shall be thereby entitled to receive the same, for the recapture as aforesaid, of an unarmed vessel, or any goods therein, one sixth part of the true value thereof, when made by a private vessel of the United States, and one twelfth part of such value when the recapture shall be made by a public armed vessel of the United States; and for the recapture as aforesaid of a public armed vessel, or any goods therein, one moiety of the true value thereof, when made by a private vessel of the United States, and one fourth part of such value, when such recapture shall be made by a public armed vessel of the United States.

SEC. 3. That when any vessel or goods which shall be taken as prize, as aforesaid, shall appear to have before belonged to any person or persons permanently resident within the territory, and under the protection of any foreign prince, government or state, in amity with the United States, and to have been taken by an enemy of the United States, or by authority or pretence of authority from any prince, government or state, against which the United States have authorized, or shall authorize, defence or reprisals, then such vessel or goods shall be adjudged to be restored to the former owner or owners thereof, he or they paying for and in lieu of salvage, such proportion of the true value of the vessel or goods so to be restored, as by the law or usage of such prince, government or state, within whose territory such former owner or owners shall be so resident, shall be required on the restoration of any vessel or goods of a citizen of the United States, under like circumstances of recapture, made by the authority of such foreign prince, government or state; and where no such law or usage shall be known, the same salvage shall be allowed as is provided by the first section of this act: Provided, That no such vessel or goods shall be adjudged to be restored to such former

for recaptured property claimed by the United

Salvage on recaptured property claimed by

alien friends.

See act of June 28, 1798, 1 Stat. 574, which appears to be supplied by this act.

Distribution of salvage.

Act of March 2, 1799, ch. 24, sec. 97. Act of April 23, 1800,

ch. 33.

Repeal of former laws.

Stat. at Large, Vol. II. p. 18.

Act of April 20, 1808, ch. 47. Act of April 16, 1814, ch. 60.

Act of April 20, 1822, ch. 29.

owner or owners, in any case where the same shall have been, before the recapture thereof, condemned as prize by competent authority, nor in any case where by the law or usage of the prince, government, or state, within whose territory such former owner or owners shall be resident as aforesaid, the vessel or goods of a citizen of the United States, under like circumstances of recapture, would not be restored to such citizen of the United States: Provided also, That nothing herein shall be construed to contravene or alter the terms of restoration in cases of recapture, which are or shall be agreed on in any treaty between the United States, and any foreign prince, government or state.

SEC. 4. That all sums of money which may be paid for salvage, as aforesaid, when accruing to any public armed vessel, shall be divided to and among the commanders, officers and crew thereof, in such proportions as are or may be provided by law, respecting the distribution of prize money and when accruing to any private armed vessel, shall be distributed to and among the owners and company concerned in such recapture, according to their agreements, if any such there be; and in case there be no such agreement, then to and among such persons, and in such proportions, as the court having jurisdiction thereof shall appoint.

SEC. 5. That such parts of any acts of Congress of the United States, as respect the salvage to be allowed in cases of recapture, shall be, and are hereby repealed, except as to cases of recapture made before the passing of this act.

No. 32. MARCH 17, 1800.

CHAP. XV. -An Act declaring the Assent of Congress to certain Acts of the States of
Maryland and Georgia.

SEC. 1. Be it enacted, &c. That the consent of Congress be, and hereby is granted to the operation of an act of the general assembly of the State of Maryland, passed on the twenty-sixth day of December, one thousand seven hundred and ninety-one, entitled "An act empowering the wardens of the port of Baltimore to levy and collect the duty therein mentioned," and also to so much of an act of the State of Georgia, passed February the tenth, one thousand seven hundred and eighty-seven, entitled "An act for regulating the trade, laying duties on all goods, wares, liquors, merchandise and negroes imported into this State; and also an impost on the tonnage of shipping, and for other purposes therein mentioned," as authorizes a duty of three pence per ton on all shipping entering the port of Savannah, to be set apart as a fund for clearing the river Savannah.

No. 33. MAY 10, 1800.

Stat. at Large, CHAP. XLIX. —An Act to establish the District of Kennebunk, and to annex Lyme to Vol. II. p. 68. New London; and to alter the District of Bermuda Hundred and City Point; and therein to amend the Act intituled "An Act to regulate the Collection of Duties on Imports and Tonnage."

Act of March 2, 1799, ch. 22.

District of Kennebunk.

Certain ves

SEC. 1. Be it enacted, &c. That from and after the thirtieth day of June next, the towns of Wells and Arundel, in the State of Massachusetts, and all the shores and waters thereof, shall be a district, to be called the district of Kennebunk, of which the port of Kennebunk shall be the sole port of entry; and the ports of Wells and Cape Porpoise shall be ports of delivery only, and a collector for the district shall be appointed to reside at Kennebunk.

SEC. 2. That ships and vessels owned in whole or in part in the towns of sels may unlade Edgecomb and Newcastle, in the district of Maine, having entered in due at Edgecomb and Newcastle. form of law at the port of Wiscasset, and taken on board an officer, shall be permitted to unlade in the parts of the said towns which adjoin Sheepscut river.

Lyme annexed

SEC. 3. That from and after the thirtieth day of June next, the town of Lyme, in the State of Connecticut, and the shores and waters thereof, to New London. shall be annexed as a port of delivery only to the district of New London, and all vessels bound to or from the said port of Lyme, shall first come to, enter, and clear at the said port of New London: Provided however, That the surveyor appointed to reside at Saybrook shall be authorized to visit and inspect ships or vessels arriving at said port of Lyme, and generally to perform the duties of a surveyor, as may be requisite within said port.

Bermuda Hun

SEC. 4. That from and after the thirtieth day of June next, the district Alteration of of Bermuda Hundred and City Point as at present constituted, in the the district of State of Virginia, shall be called the district of Petersburg, to compre- dred and City hend Petersburg, City Point, and all the waters, shores, bays, harbors, Point. and inlets of James river, from Hood's and the junction of Chicahoming to the junction of the James and Appamattox rivers, and from thence to the highest tide-water of Appamattox, and also the Chicaboming to its highest tide-water mark; and the port for the said district shall extend

from Petersburg to City Point. And another district shall be formed to New district be called the district of Richmond, to comprehend Richmond, and Man- formed. chester, and Bermuda Hundred, and all the waters, shores, bays, harbors, and inlets of James river from Bermuda Hundred, including the harbor thereof, to the highest tide-water of James river; and the port shall extend from Richmond and Manchester to Bermuda Hundred. The office of collector for the district of Petersburg shall be kept in the town of Petersburg; and a collector shall be appointed for the Richmond district, whose office shall be kept in the city of Richmond; and the surveyors within those two districts shall continue to reside at the places at present established by law.

March 2, 1799, ch. 22, sec. 11.

the collector of

SEC. 5. That the master of any ship or vessel, bound to any district of Manifests to James river above Sewal's Point, shall, before he pass by the said Point, be delivered to and immediately after his arrival either at the same or at Hampton Road, Norfolk, by vesdeposit with the collector of the port of Norfolk and Portsmouth, or of sels bound up Hampton, a true manifest of the cargo on board such ship or vessel; * and James river, &c. the said collector shall, after registering the manifest, transmit the same duly certified to have been so deposited, to the officer with whom the entries are to be made: and the said collector may, whenever he shall judge it to be necessary for the security of the revenue, put an inspector of the customs on board any such ship or vessel, to accompany the same until her arrival at the first port of entry or delivery, in the district, to which such ship or vessel may be destined. And if the master or commander of any such ship or vessel shall neglect or omit to deposit a manifest in manner as aforesaid, or shall refuse to receive an inspector of the customs on board, as the case shall require, he shall forfeit and pay five hundred dollars, to be recovered with costs of suit, one half for the use of the officer with whom such manifest ought to have been deposited, and the other half to the use of the collector of the district to which the said ship or vessel may be bound.

SEC. 6. That such part and so much of the act, intituled "An act to regulate the collection of duties on imports and tonnage," as comes within the purview of this act, being contrary hereto, shall be and hereby is repealed..

Repeal of part of the former

act.

Vol. i. 627.

* See act of March 23, 1830, ch. 35.

No. 34. – MAY 10, 1800.

Stat. at Large, CHAP. LI.. -An Act in Addition to the Act intituled "An Act to prohibit the carrying on the Slave-Trade from the United States to any foreign Place or Country.” *

Vol. II. p. 70.
Act of Feb.

Act of March 2,
1807, ch. 22.

Penalty on citizens having an interest in ves

Be it enacted, &c. That it shall be unlawful for any citizen of the 28, 1803, ch. 10. United States, or other person residing within the United States, directly or indirectly to hold or have any right or property in any vessel employed or made use of in the transportation or carrying of slaves from one foreign country or place to another, and any right or property, belonging as aforesels employed in said, shall be forfeited, and may be libelled and condemned for the use of the slave-trade. the person who shall sue for the same; and such person, transgressing the prohibition aforesaid, shall also forfeit and pay a sum of money equal to double the value of the right or property in such vessel, which he held as aforesaid; and shall also forfeit a sum of money equal to double the value of the interest which he may have had in the slaves, which at any time may have been transported or carried in such vessel, after the passing of this act, and against the form thereof.

Penalty on citizens serving in

such vessels.

Commissioned

ized to seize vessels contravening this or the former act.

SEC. 2. That it shall be unlawful for any citizen of the United States or other person residing therein, to serve on board any vessel of the United States employed or made use of in the transportation or carrying of slaves from one foreign country or place to another; and any such citizen or other person, voluntarily serving as aforesaid, shall be liable to be indicted therefor, and on conviction thereof shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceeding two years. SEC. 3. That if any citizen of the United States shall voluntarily serve on board of any foreign ship or vessel, which shall hereafter be employed in the slave-trade, he shall, on conviction thereof, be liable to and suffer the like forfeitures, pains, disabilities and penalties as he would have incurred, had such ship or vessel been owned or employed, in whole or in part, by any person or persons residing within the United States.

SEC. 4. That it shall be lawful for any of the commissioned vessels of vessels author- the United States, to seize and take any vessels employed in carrying on trade, business or traffic, contrary to the true intent and meaning of this or the said act to which this is in addition; and such vessel, together with her tackle, apparel and guns, and the goods or effects, other than slaves, which shall be found on board, shall be forfeited, and may be proceeded against in any of the district or circuit courts, and shall be condemned for the use of the officers and crew of the vessel making the seizure, and be divided in the proportion directed in the case of prize: and all persons interested in such vessel, or in the enterprise or voyage in which such vessel shall be employed at the time of such capture, shall be precluded from all right or claim to the slaves found on board such vessel as aforesaid, and from all damages or retribution on account thereof: and it shall moreover be the duty of the commanders of such commissioned vessels, to apprehend and take into custody every person found on board of such vessel so seized and taken, being of the officers or crew thereof, and him or them convey as soon as conveniently may be, to the civil authority of the United States in some one of the districts thereof, to be proceeded against in due course of law.

District and

SEC. 5. That the district and circuit courts of the United States shall circuit court to have cognizance of all acts and offences against the prohibitions herein have jurisdiction of offences. contained.

Construction of the act.

Distribution of Penalties.

SEC. 6. That nothing in this act contained shall be construed to authorize the bringing into either of the United States, any person or persons, the importation of whom is, by the existing laws of such State, prohibited. SEC. 7. That the forfeitures which shall hereafter be incurred under this, or the said act to which this is in addition, not otherwise disposed of,

See act of March 22, 1794, ch. 11, and notes, Vol. i. 347.

shall accrue and be one moiety thereof to the use of the informer, and the other moiety to the use of the United States, except where the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use.

No. 35.- MAY 10, 1800.

CHAP. LIV. - An Act supplementary to an Act, intituled "An Act to establish the Compensation of the Officers employed in the Collection of the Duties on Impost and Tonnage."

Stat. at Large, Vol. II. p. 72.

Act of March 2, 1799, ch. 23. Allowance to

SEC. 1. Be it enacted, &c. That there shall be allowed and paid annually, to and for the use of the several collectors and surveyors appointed, certain collectand to be appointed pursuant to law, and employed in the collection of the ors. duties of imports and tonnage, in the districts hereinafter mentioned, in addition to their fees and emoluments otherwise allowed by law, the sums following respectively, that is to say: To the collectors of Passamaquody, Waldoborough, and St. Mary's, two hundred and fifty dollars each; to the collectors of Machias, Great Egg Harbor, Little Egg Harbor, Perth Amboy, Bridgetown, Sunbury, and Georgetown in Maryland, one hundred dollars each; and to the collectors of Sagg Harbor, Brunswick, in Georgia, and Dumfries, fifty dollars each; to the surveyor of Bermuda Hundred, one hundred and fifty dollars; and to the surveyors of Newport, Providence, Port Royal, Alexandria, and Saybrook, one hundred dollars each.

*

lectors.

SEC. 2. That in lieu of the commissions heretofore allowed by law, Commissions there shall be allowed ** ** to the collector for the to certain coldistrict of Boston and Charlestown, and to the collectors of Baltimore See 1822, ch. and Philadelphia, three eighths of one per centum; to the collectors of 107, § 7. Charleston, South Carolina, ** * three quarters of one per centum; 58, § for and on account of the duties arising on goods, wares and merchandise imported into the United States, and on the tonnage of ships and vessels.

See 1804, ch. § 2.

No. 36. MAY 10, 1800.

CHAP. LVIII. —An Act supplementary to the Act entitled "An Act to establish the
Treasury Department.” †

Stat. at Large, Vol. II. p. 79.

Duty of the Secretary of the Treasury to lay

Be it enacted, &c. That it shall be the duty of the Secretary of the Treasury to digest, prepare and lay before Congress at the commencement of every session, a report on the subject of finance, containing esti- before Congress mates of the public revenue and public expenditures, and plans for im- estimates of the proving or increasing the revenues, from time to time, for the purpose giving information to Congress in adopting modes of raising the money requisite to meet the public expenditures.

of

revenue.

CHAP. VI.

Stat. at Large,

An Act making the Port of Biddeford and Pepperrelborough, and the Port of New Bedford, in Massachusetts, Ports of Entry for Ships or Vessels, arriving from Vol. II. p. 101. the Cape of Good Hope, and from Places beyond the Same.

Be it enacted, &c. That the port of Biddeford and Pepperrelborough, and the port of New Bedford, in the Commonwealth of Massachusetts, be, and they are hereby made, ports of entry for ships or vessels arriving from the Cape of Good Hope, and from places beyond the same.

Act of March 2, 1799, ch. 23.

19

Biddeford and Pepperrelborough ports of entry.

Vol. i. 639.

† Act of September 2, 1789, ch. 12.