Duties of the Secretary.

Duties of the Comptroller.

gest and prepare plans for the improvement and management of the revenue, and for the support of public credit; to prepare and report estimates of the public revenue, and the public expenditures; to superintend the collection of the revenue; to decide on the forms of keeping and stating accounts and making returns, and to grant under the limitations herein established, or to be hereafter provided, all warrants for moneys to be issued from the Treasury in pursuance of appropriations by law; to execute such services relative to the sale of the lands belonging to the United States, as may be by law required of him; to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office; and generally to perform all such services relative to the finances, as he shall be directed to perform.

SEC. 3. That it shall be the duty of the Comptroller* to superintend the adjustment and preservation of the public accounts; to examine all accounts settled by the Auditor, and certify the balances arising thereon to the Register; to countersign all warrants drawn by the Secretary of the Treasury, which shall be warranted by law; to report to the Secretary the official forms of all papers to be issued in the different offices for collecting the public revenue, and the manner and form of keeping and stating the accounts of the several persons employed therein. He shall moreover provide for the regular and punctual payment of all moneys which may be 8, 1809, ch. 28, collected, and shall direct prosecutions for all delinquencies of officers of the revenue, and for debts that are, or shall be due to the United States.

Act of March

sec. 2.

Duties of the Treasurer.

SEC. 4. That it shall be the duty of the Treasurer to receive and keep the moneys of the United States, and to disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by the Comptroller, recorded by the Register, and not otherwise; he shall take receipts for all moneys paid by him, and all receipts for moneys received by him shall be indorsed upon warrants signed by the Secretary of the Treasury, without which warrant, so signed, no acknowledgment for money received into the public Treasury shall be valid. And the said Treasurer shall render his accounts to the Comptroller quarterly (or oftener if required), and shall transmit a copy thereof, when settled, to the Secretary of the Treasury. He shall, moreover, on the third day of every session of Congress, lay before the Senate and House of Representatives fair and accurate copies of all accounts by him from time [to time] rendered to, and settled with the Comptroller as aforesaid, as also, a true and perfect account of the state of the Treasury. He shall, at all times, submit to the Secretary of the Treasury, and the Comptroller, or either of them, the inspection of the moneys in his hands; and shall, prior to the entering upon the duties of his office, give bond, with sufficient sureties, to be approved by the Secretary of the Treasury and Comptroller, in the sum of one hundred and fifty thousand dollars, payable to the United States, with condition for the faithful performance of the duties of his office, and for the 8, 1809, ch. 28, fidelity of the persons to be by him employed, which bond shall be lodged in the office of the Comptroller of the Treasury of the United States.

Act of March

sec. 1.

SEC. 5. That it shall be the duty of the Auditor to receive all public accounts, and after examination to certify the balance, and transmit the accounts with the vouchers and certificate to the Comptroller for his decision thereon; Provided, That if any person whose account shall be so audited be dissatisfied therewith, he may within six months appeal to the Comptroller against such settlement.†

SEC. 6. That it shall be the duty of the Register to keep all accounts of the receipts and expenditures of the public money, and of all debts due

*See act of March 3, 1817, ch. 45 §§ 8 and 9.

† See act of May 8, 1792; act of March 3, 1809, ch. 28; act of March 3, 1817, ch. 45.

to or from the United States; to receive from the Comptroller the accounts which shall have been finally adjusted, and to preserve such accounts with their vouchers and certificates; to record all warrants for the receipt or payment of moneys at the Treasury, certify the same there⚫on, and to transmit to the Secretary of the Treasury, copies of the certificates of balances of accounts adjusted as is herein directed.

*

office vacant,

ords, &c.

Persons ap

under this act.

SEC. 7. That whenever the Secretary shall be removed from office by the Secretary rePresident of the United States, or in any other case of vacancy in the moved, or his office of Secretary, the Assistant shall, during the vacancy, have the charge assistant secreand custody of the records, books, and papers appertaining to the said office. tary to have SEC. 8. That no person appointed to any office instituted by this act shall custody of recdirectly or indirectly be concerned or interested in carrying on the business of trade or commerce, or be owner in whole or in part of any sea- pointed to office vessel, or purchase by himself, or another in trust for him, any public lands or other public property, or be concerned in the purchase or disposal Prohibition of any public securities of any State, or of the United States, or take, upon. or apply to his own use, any emolument or gain for negotiating or transacting any business in the said department, other than what shall be allowed by law; and if any person shall offend against any of the prohibi- Penalty for tions of this act, he shall be deemed guilty of a high misdemeanor, and breach of the prohibitions of forfeit to the United States the penalty of three thousand dollars, and the law. shall upon conviction be removed from office, and forever thereafter incapable of holding any office under the United States: Provided, That if any other person than a public prosecutor shall give information of any such offence, upon which a prosecution and conviction shall be had, one half the aforesaid penalty of three thousand dollars, when recovered, shall sec. 3. be for the use of the person giving such information.

1791, ch. 18,

Stat. at Large, Vol. I. p. 96.

Recommenda

several States to

of keepers of

2. RESOLVED, &c. That it be recommended to the legislatures of the several States to pass laws, making it expressly the duty of the keepers tion to the legisof their gaols, to receive and safe keep therein all prisoners committed latures of the under the authority of the United States, until they shall be discharged pass laws makby due course of the laws thereof, under the like penalties as in the case ing it the duty of prisoners committed under the authority of such States respectively; their gaols to rethe United States to pay for the use and keeping of such gaols, at the ceive and keep rate of fifty cents per month for each prisoner that shall, under their prisoners comauthority, be committed thereto, during the time such prisoner shall be authority of the therein confined; and also to support such of said prisoners as shall be United States. committed for offences.

CHAP. XX.

mitted under

Stat. at Large, Vol. I. p. 73.

District courts exclusive juris

[Acts of June 5, 1794, sect. 6;

An Act to establish the Judicial Courts of the United States. SEC. 9. And be it further enacted, That the district courts shall have, exclusively of the courts of the several States, cognizance of all crimes and offences that shall be cognizable under the authority of the United States, diction. committed within their respective districts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine act of Feb. 13, not exceeding one hundred dollars, or a term of imprisonment not exceed- 1807; act of ing six months, is to be inflicted; and shall also have exclusive original March 3, 1815, sect. 4.] cognizance of all civil causes of admiralty and maritime jurisdiction, in- Original cogcluding all seizures under laws of impost, navigation, or trade of the nizance in mariUnited States, where the seizures are made, on waters which are navi- of seizure under gable from the sea by vessels of ten or more tons burthen, within their the laws of the respective districts as well as upon the high seas; saving to suitors, in all United States.

time causes and

* See act of May 8, 1792, ch. 37, § 12, and act of March 2, 1799, ch. 22, § 87.

Concurrent jurisdiction.

Trial of fact by jury.

cases, the right of a common-law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States. And shall also have cognizance, concurrent with the courts of the several. States, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States. And shall also have cognizance, concurrent as last mentioned, of all suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And shall also have jurisdiction exclusively of the courts of the several States, of all suits against consuls or vice-consuls, except for offences above the description aforesaid. And the trial of issues in fact, in the district courts, in all causes except civil causes of admiralty and maritime jurisdiction, shall be by jury.

Stat. at Large, CHAP. XXIX. Vol. I. p. 131.

Master and

agreement.

1792, ch. 24. 1796, ch. 36. 1798, ch. 77. 1799, ch. 36. Exception as to apprentices, &c.

SEC. 1. Be it enacted, &c. That every master or commander of any ship seamen to exe- or vessel bound from a port in the United States to any foreign port, or cute a shipping of any ship or vessel of the burthen of fifty tons or upwards, bound from a port in one State to a port in any other than an adjoining State, shall, before he proceed on such voyage, make an agreement in writing or in print, with every seaman or mariner on board such ship or vessel (except such as shall be apprentice or servant to himself or owners), declaring the voyage or voyages, term or terms of time, for which such seaman or mariner shall be shipped. And if any master or commander of such ship or vessel shall carry out any seaman or mariner (except apprentices or servants as aforesaid), without such contract or agreement being first made and signed by the seamen and mariners, such master or commander shall pay to every such seaman or mariner the highest price or wages which shall have been given at the port or place where such seaman or mariner shall have been shipped, for a similar voyage, within three months next before the time of such shipping: Provided such seaman or mariner shall perform such voyage: or if not, then for such time as he shall continue to do duty on board such ship or vessel; and shall, moreover, forfeit twenty dollars for every such seaman or mariner, one half to the use of the person prosecuting for the same, the other half to the use of the United States and such seaman or mariner, not having signed such contract, shall not be bound by the regulations, nor subject to the penalties and forfeitures contained in this act.

1802, ch. 51. 1805, ch. 28. Penalties on the master for omission; the highest rate of wages at the place of shipping.

Proviso, as to performance of the voyage by the seaman. 1813, ch. 42. 1814, ch. 8.

Memorandum

articles.

SEC. 2. That at the foot of every such contract, there shall be a memoat the foot of the randum in writing, of the day and the hour on which such seaman or mariner, who shall so ship and subscribe, shall render themselves on Penalty for a board, to begin the voyage agreed upon. And if any such seaman or seaman neglect- mariner shall neglect to render himself on board the ship or vessel, for ing to render himself on board which he has shipped, at the time mentioned in such memorandum, and if

t the time agreed upon.

Desertion.

the master, commander, or other officer of the ship or vessel shall, on the day on which such neglect happened, make an entry in the log-book of such ship or vessel, of the name of such seaman or mariner, and shall in like manner note the time that he so neglected to render himself (after the time appointed); every such seaman or mariner shall forfeit for every hour which he shall so neglect to render himself, one day's pay, according to the rate of wages agreed upon, to be deducted out of his wages. And if any such seaman or mariner shall wholly neglect to render himself on board of such ship or vessel, or, having rendered himself on board, shall

Vessel leaky,

or unfit for the voyage.

Proceedings.

the master to the

afterwards desert and escape, so that the ship or vessel proceed to sea without him, every such seaman or mariner shall forfeit and pay to the master, owner, or consignee of the said ship or vessel, a sum equal to that which shall have been paid to him by advance at the time of signing the contract, over and besides the sum so advanced, both which sums shall be Recovery of recoverable in any court, or before any justice or justices of any State, city, forfeitures. town, or county within the United States, which, by the laws thereof, have cognizance of debts of equal value, against such seaman or mariner, or his surety or sureties, in case he shall have given surety to proceed the voyage. SEC. 3. That if the mate or first officer under the master, and a majority of the crew of any ship or vessel, bound on a voyage to any foreign port, shall, after the voyage is begun (and before the ship or vessel shall have left the land), discover that the said ship or vessel is too leaky, or is otherwise unfit in her crew, body, tackle, apparel, furniture, provisions, or stores, to proceed on the intended voyage, and shall require such unfitness to be inquired into, the master or commander shall, upon the request of the said mate (or other officer) and such majority, forthwith proceed to or stop at the nearest or most convenient port or place where such inquiry can be made, and shall there apply to the judge of the district court, if he shall Application by there reside, or if not, to some justice of the peace of the city, town, or district judge, or place, taking with him two or more of the said crew who shall have made some justice of such request; and thereupon such judge or justice is hereby authorized the peace. Precept from and required to issue his precept, directed to three persons in the neigh- the judge, &c. borhood, the most skilful in maritime affairs that can be procured, requiring them to repair on board such ship or vessel, and to examine the same in respect to the defects and insufficiencies complained of, and to make report to him, the said judge or justice, in writing under their hands, or the hands of two of them, whether in any, or in what respect the said ship or vessel is unfit to proceed on the intended voyage, and what addition of men, provisions, or stores, or what repairs or alterations in the body, tackle, or apparel will be necessary; and upon such report the said judge or justice shall adjudge and determine, and shall indorse on the said report his judgment, whether the said ship or vessel is fit to proceed on the intended voyage; and if not, whether such repairs can be made, or deficiencies supplied where the ship or vessel then lays, or whether it be necessary for the said ship or vessel to return to the port from whence she first sailed, to be there refitted; and the master and crew shall in all things conform to the said judgment; and the master or commander shall, in the first instance, pay all the costs of such view, report, and judgment, to be taxed costs in the first and allowed on a fair copy thereof, certified by the said judge or justice. But if the complaint of the said crew shall appear, upon the said report If complaint and judgment, to have been without foundation, then the said master, or groundless, costs to be charged to the owner or consignee of such ship or vessel, shall deduct the amount seamen. thereof, and of reasonable damages for the detention (to be ascertained by the said judge or justice), out of the wages growing due to the complaining seamen or mariners. And if after such judgment, such ship or vessel is fit to proceed on her intended voyage, or after procuring such men, provisions, stores, repairs, or alterations as may be directed, the said seamen or mariners, or either of them, shall refuse to proceed on the voyage, it shall and may be lawful for any justice of the peace to commit by warrant under his hand and seal, every such seaman or mariner (who shall so refuse) to the common gaol of the county, there to remain without bail or ing to proceed to sea, after promainprize, until he shall have paid double the sum advanced to him at ceedings, if vesthe time of subscribing the contract for the voyage, together with such sel found seareasonable costs as shall be allowed by the said justice, and inserted in worthy, to be imprisoned. the said warrant, and the surety or sureties of such seaman or mariner (in case he or they shall have given any) shall remain liable for such payNot to be disment; nor shall any such seaman or mariner be discharged upon any writ charged on haof habeas corpus or otherwise, until such sum be paid by him or them, or beas corpus, un

Master to pay

instance.

Seamen refus

Penalty for harboring run

away seamen.

til damages be his or their surety or sureties, for want of any form of commitment, or paid. other previous proceedings. Provided, That sufficient matter shall be made to appear, upon the return of such habeas corpus, and an examination then to be had, to detain him for the causes herein before assigned. SEC. 4. That if any person shall harbor or secrete any seaman or mariner belonging to any ship or vessel, knowing them to belong thereto, every such person, on conviction thereof before any court in the city, town, or county where he, she, or they may reside, shall forfeit and pay ten dollars for every day which he, she, or they shall continue so to harbor or secrete such seaman or mariner, one half to the use of the person prosecuting for the same, the other half to the use of the United States; and no sum exceeding one dol- ceeding one dollar shall be recoverable from any seaman or mariner by any one person, for any debt contracted during the time such seaman or mariner shall actually belong to any ship or vessel, until the voyage for which such seaman or mariner engaged shall be ended.

No sum ex

lar to be recoverable for any debt from seamen during the Voyage.

Mariner ab

SEC. 5. That if any seaman or mariner, who shall have subscribed such senting himself contract as is hereinbefore described, shall absent himself from on board alty fly on, and how the ship or vessel in which he shall so have shipped, without leave of the to be proceeded master or officer commanding on board; and the mate, or other officer against.

Penalty.

having charge of the log-book, shall make an entry therein of the name of such seaman or mariner, on the day on which he shall so absent himself, and if such seaman or mariner shall return to his duty within fortyeight hours, such seaman or mariner shall forfeit three days' pay for every day which he shall so absent himself, to be deducted out of his wages; but if any seaman or mariner shall absent himself for more than fortyeight hours at one time, he shall forfeit all the wages due to him, and all his goods and chattels which were on board the said ship or vessel, or in any store where they may have been lodged at the time of his desertion, to the use of the owners of the ship or vessel, and moreover shall be liable to pay to him or them all damages which he or they may sustain by being obliged to hire other seamen or mariners in his or their place, and Damages re- such damages shall be recovered with costs, in any court or before any justice or justices having jurisdiction of the recovery of debts to the value of ten dollars or upwards.

coverable.

When, and at what port, enti

tled to demand his wages.

be recovered if withheld.

SEC. 6. That every seaman or mariner shall be entitled to demand and receive from the master or commander of the ship or vessel to which they belong, one third part of the wages which shall be due to him at every port where such ship or vessel shall unlade and deliver her cargo before the voyage be ended, unless the contrary be expressly stipulated in the contract and as soon as the voyage is ended, and the cargo or ballast be fully discharged at the last port of delivery, every seaman or mariner shall be entitled to the wages which shall be then due according to his How wages to contract; and if such wages shall not be paid within ten days after such discharge, or if any dispute shall arise between the master and seamen or mariners touching the said wages, it shall be lawful for the judge of the district where the said ship or vessel shall be, or in case his residence be more than three miles from the place, or of his absence from the place of his residence, then, for any judge or justice of the peace, to summon the master of such ship or vessel to appear before him, to show cause why process should not issue against such ship or vessel, her tackle, furniture, and apparel, according to the course of admiralty courts, to answer for the said wages and if the master shall neglect to appear, or appearing, shall not show that the wages are paid, or otherwise satisfied or forfeited, and if the matter in dispute shall not be forthwith settled, in such case the judge or justice shall certify to the clerk of the court of the district, that there is sufficient cause of complaint whereon to found admiralty process, and thereupon the clerk of such court shall issue process against the said ship or vessel, and the suit shall be proceeded on in the said court, and final judgment be given according to the course of admiralty courts in