where there is no claimant. &c. substance of such libel, with the order of the court thereon, setting forth the time and place appointed for trial, to be inserted in some public newspaper, nearest the place of seizure, and also by posting up the same, in the most public manner, for the space of fourteen days, at or near the place of trial; and proclamation shall be made in such manner as the court shall direct; and if no person shall appear to claim such ship Judgment or vessel, goods, wares, or merchandise, the same shall be adjudged to be forfeited; but if any person shall appear before such judgment of forfeiture, and claim any such ship or vessel, goods, wares, or merchandise, and shall give bond to defend Bond to defend. the prosecution thereof, and to respond the cost in case he shall not support his claim, the court shall proceed to hear. and determine the cause according to law: And upon the prayer of any claimant to the court, that any ship or vessel, goods, wares, or merchandises, so seized and prosecuted, or any part thereof, should be delivered to such claimant, it shall be lawful for the court to appoint three proper persons to appraise such ship or vessel, goods, wares, or merchandise, who shall be sworn in open court for the faithful discharge of their duty; and such appraisement shall be made at the expense of the party on whose prayer it is granted; and on the return of Delivery of such appraisement, if the claimant shall, with one or more vessel, goods, sureties, to be approved of by the court, execute a bond in the &c. on bond, usual form, to the United States, for the payment of a sum equal to the sum at which the ship or vessel, goods, wares, or merchandise, so prayed to be delivered, be appraised, the court shall, by rule, order such ship or vessel, goods, wares, or merchandise, to be delivered to the said claimant, and the said bond shall be lodged with the proper officer of the court; and if judgment shall pass in favor of the claimant, the court Cancelling of shall cause the said bond to be cancelled; but if judgment bond on judg shall pass against the claimant, as to the whole or any part of ant, and othersuch ship or vessel, goods, wares, or merchandise, and the wise. claimant shall not, within twenty days thereafter, pay into the court the amount of the appraised value of such ship or vessel, goods, wares, or merchandise, so condemned, with the costs, the bond shall be put in suit. And when any prosecu- No costs for tion shall be commenced on account of the seizure of any ship claimant where or vessel, goods, wares, or merchandise, and judgment shall there is reasonbe given for the claimant or claimants; if it shall appear to seizure. the court before whom such prosecution shall be tried, that there was a reasonable cause of seizure, the same court shall cause a proper certificate or entry to be made thereof, and in such case the claimant shall not be entitled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to action, judgment, or suit, on account of such seizure or prosecution. Provided, That the ship or vessel, goods, wares, or Vessels, &c. to merchandise, be, after judgment, forthwith returned to such be restored on judgment. claimant or claimants, his or their agents: And provided, That no action or prosecution shall be maintained in any case under Action to be this act, unless the same shall have been commenced within within three three years next after the penalty or forfeiture was incurred. years. ment for claim able cause of commenced Vessels or goods con demned in vir tue of this act, to be sold at public auction after fifteen days notice. Distribution of $37. That all ships, vessels, goods, wares, or merchandise, which shall be condemned by virtue of this act, shall be sold by the proper officer of the court, in which such condemnation shall be had, to the highest bidder at public auction, by order of such court, and at such place as the court may appoint, giving at least fifteen days notice (except in case of perishable goods) in one or more of the public newspapers of the place where such sale shall be, or if no paper is published in such place, in one or more of the papers published in the nearest place thereto. $38. That all penalties, fines, and forfeitures, recovered by fines, penalties, virtue of this act (and not otherwise appropriated) shall, after and forfeitures. deducting all proper costs and charges, be disposed of as fol One half moiety of fines, &c. to be given to the informer, if other than the naval officer or surveyor. This act adapted to the states and and North of Rhode Isl Carolina. Goods import ed from Rhode Island and N. ject to the same duties as if from foreign countries. Goods of foreign growth, subject to the ties, brought lows: One moiety shall be for the use of the United States, and paid into the treasury thereof; the other moiety shall be divided into three equal parts, and paid to the collector, naval officer, and surveyor, of the district wherein the same shall have been incurred; and in such districts where only two of the aforesaid officers shall have been established, the said moiety shall be equally divided between them; and in such districts where only one of the aforesaid officers shall have been established, the said moiety shall be given to such officer: Provided nevertheless, That in all cases where such penalties, fines, and forfeitures, shall be recovered in pursuance of information given to such collector, by any person, other than the said naval officer and surveyor, the one half of such moiety shall be given to the informer, and the remainder thereof shall be disposed of between the collector, naval officer, and surveyor, in manner, and form as above limited and expressed. And whereas, The states of Rhode Island and Providence Plantations, and North Carolina, have not as yet ratified the present constitution of the United States; by reason whereof this act doth not extend to the collecting of duties within either of the said two states, and it is thereby become necessary that the following provision, with respect to goods, wares, or merchandise, imported from either of the said two states, should, for the present take place; § 39. That all goods, wares, and merchandise, not of their own growth or manufacture, which shall be imported from either of the said two states of Rhode Island and Providence Plantations, or North Carolina, into any other port or place within the limits of the United States, as settled by the late treaty of peace, shall be subject to the like duties, seizures, and forfeitures, as goods, wares, or merchandise, imported from any state or country without the said limits. 40. That no goods, wares, or merchandise, of foreign growth or manufacture, subject to the payment of duties, shall payment of du be brought into the United States, in other manner than by sea, nor in any ship or vessel less than thirty tons burthen, except within the district of Louisville, and except also in such vessels as are now actually on their voyages; nor shall be certain vessels, landed, or unladen, at any other place than is by this act directed, under the penalty of seizure and forfeiture, of all such into the United States, unless by sea, and in liable to forfeiture; except, &c. vessels, goods, wares, or merchandise, brought in, landed, or unladen in any other manner. And all goods, wares, and Goods brought merchandise, brought into the United States by land, contra- into the United States by land, ry to this act, shall be forfeited, together with the carriages, forfeited, &c. horses, and oxen, that shall be employed in conveying the same. [Approved, July 31, 1789.] CHAP. 6. An act for settling the accounts between the United States See act of 1790, and individual states. plied. ch. [38.] 65. 1. Be it enacted, &c. That the President of the United Vacancies in States be, and he hereby is empowered to nominate, and by the board of commissioners, and with the advice and consent of the senate, to appoint such how to be supperson or persons as he may think proper, for supplying any vacancy that now is, or may hereafter take place, in the board of commissioners, established by an ordinance of the late congress, of the seventh of May, one thousand seven hundred and eighty-seven, to carry into effect the said ordinance and resolutions of congress, for the settlement of accounts between the United States and individual states. § 2. That the said board of commissioners be, and they hereby are, empowered, to appoint a chief clerk, and such other clerks as the duties of their office may require; and that the pay of the said chief clerk be six hundred dollars per annum, and of each other clerk four hundred dollars per annum. [Approved, August 5, 1789.] CHAP. 7. An act to establish an executive department, to be denominated the Department of War.* Chief and other clerks to be appointed. Amount of their salaries. [* Altered by act of 1798, ch. 52.] Department of war establish thereof. war to include naval and mili tary affairs. 1. Be it enacted, &c. That there shall be an executive department, to be denominated the department of war; and that there shall be a principal officer therein, to be called the se- ed. cretary for the department of war, who shall perform and ex- Secretary ecute such duties as shall, from time to time, be enjoined on, or entrusted to, him, by the president of the United States, agreeably to the constitution, relative to military commissions, Duties of the or to the land or naval forces, (a) ships, or warlike stores, of secretary of the United States, or to such other matters respecting military or naval affairs, as the president of the United States shall assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs: And fur- Secretary subthermore, that the said principal officer shall conduct the bu- ject to the presiness of the said department, in such manner as the president sident's inof the United States shall, from time to time, order or instruct. 62. That there shall be in the said department, an inferior officer, to be appointed by the said principal officer, to be employed therein as he shall deem proper, and to be called the chief clerk in the department of war, and who, whenever the Chief clerk of said principal officer shall be removed from office by the sident of the United States, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all His duties. records, books, and papers, appertaining to the said depart ment. (a) Navy Department established by act of 30 April 1798. ch. 52. pre structions. the department of war. Oath of office of the secretary of war and his clerks. to Secretary the former war [* See act of Ï800, ch. 41. act of 1802, ch. 40. act of §3. 3. That the said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office or employment, take an oath or affirmation well and faithfully to execute the trust committed to him. § 4. That the secretary for the department of war, to be appointed in consequence of this act, shall, forthwith after his appointment, be entitled to have the custody and charge of all records, books, and papers, in the office of secretary for the department of war, heretofore established by the United States in congress assembled. [Approved, August 7, 1789.] CHAP. 8. An act to provide for the government of the territory north west of the river Ohio. Whereas, in order that the ordinance* of the United States in congress assembled, for the government of the territory northwest of the river Ohio, may continue to have full effect, 1804, ch. 80.] it is requisite that certain provisions should be made, so as to adapt the same to the present constitution of the United States: Governor to make communication to the president of the United States. 1. Be it enacted, &c. That in all cases in which, by the said ordinance, any information is to be given, or communication made, by the governor of the said territory, to the United States in congress assembled, or to any of their officers, it shall be the duty of the said governor to give such information and to make such communication to the president of the President and United States; and the president shall nominate, and, by and with the advice and consent of the senate, shall appoint all officers which, by the said ordinance, were to have been appointed by the United States in congress assembled; and all officers, so appointed, shall be commissioned by him; and in all cases where the United States in congress assembled, might, by the said ordinance, revoke any commission or remove from any office, the president is hereby declared to have the same powers of revocation and removal. senate to appoint territorial officers. President to commission; and remove. In case of death, remov al, &c. the secretary to execute the power of governor during the vacancy. Expenses of light houses, &c. after the sury of the 2. That in case of the death, removal, resignation, or necessary absence, of the governor of the said territory, the secretary thereof shall be, and he is hereby authorized and required to execute all the powers, and perform all the duties of the governor, during the vacancy occasioned by the removal, resignation, or necessary absence, of the said governor. [Approved, August 7, 1789.] CHAP. 9. An act for the establishment and support of light houses, beacons, buoys, and public piers. 15th Aug. 1789, 1. Be it enacted, &c. That all expenses which shall acto be defrayed crue, from and after the fifteenth day of August, one thousand out of the trea- seven hundred and eighty-nine, in the necessary support, United States: maintenance, and repairs, of all light houses, beacons, buoys, [* See act of and public piers, erected, placed, or sunk, before the passing 1790, ch. [32.1 of this act, at the entrance of, or within, any bay, inlet, harbor, or port, of the United States, for rendering the naviga 59, act of 1791. ch. [24.1 98, act 1792, ch. 17. act 1793, ch. [27.] 72. act 1795, ch. 102. ch. 105. act 1796, ch. 43.] Provided a ceswithin one sion be made tion thereof easy and safe, shall be defrayed out of the treasury 2. That a light house shall be erected near the entrance of Light-house to the Chesapeake Bay, at such place, when ceded to the United be erected near States in manner aforesaid, as the president of the United States shall direct. the entrance of the Chesapeake Bay. Secretary of contract for 3. That it shall be the duty of the secretary of the treasury to provide, by contracts, which shall be approved by the presi- the treasury to dent of the United States, for building a light house near the entrance of Chesapeake Bay, and for rebuilding, when necessary, and keeping in good repair, the light houses, beacons, buoys, and public piers, in the several states, and for furnishing the same with all necessary supplies; and also, to agree for the salaries, wages, or hire, of the person or persons appointed by the president, for the superintendence and care of the same. 4. That all pilots in the bays, inlets, rivers, harbors, and ports, of the United States, shall continue to be regulated in conformity with the existing laws of the states, respectively, wherein such pilots may be, or with such laws as the states may, respectively, hereafter enact for the purpose, until further legislative provision shall be made by congress. [Approved, August 7, 1789.] CHAP. 11. An act for registering and clearing vessels, regulating the coasting trade, and for other purposes.* buil building, rebuilding, and repairing light when necessary. houses, &c. Pilots to be regulated by the of the respective states, &c. existing laws [* Altered by act 1789, ch. 22. and repeal ed by act 1792, ch. 46. [1.] 30.] What shall constitute a 1. Be it enacted, &c. That any ship or vessel built within the United States, and belonging wholly to a citizen or citizens thereof, or not built within the said states, but, on the sixteenth day of May, one thousand seven hundred and eighty-nine, belonging, and thereafter continuing to belong, wholly to a citizen ship or vessel or citizens thereof, and of which the master is a citizen of the of the U. S. so United States, and no other, may be registered in manner her to the hereinafter provided, and being so registered, shall be deem- benefits of the ed and taken to be, and denominated, a ship or vessel of the laws of the United States, and entitled to the benefits granted by any law of the United States, to ships or vessels of the descriptions aforesaid. as to entitle U. S. 2. That the person or persons claiming property in any Vessels to be such ship or vessel, in order to entitle her to the benefits afore- registered. said, shall cause the same to be registered, and shall obtain a certificate of such registry from the collector of the district to Certificate of which such ship or vessel belongs, in manner hereinafter direct- registry. ed, which certificate, attested by the secretary of the treasury, under his hand and seal, and countersigned by the collector, shall be in the form following, viz. |