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of March last, for the space of one year, under such regulations as the president of the United States may direct. (Approved, September 29, 1789.] CHAP. 25. An act to recognise and adapt to the constitution of the Unit- Repealed act

ed States, the establishment of the troops raised under the resolves of of 1790, ch. the United States, in congress assembled, and for other purposes there. [10]. 37. in mentioned.

V 1. Be it enacted, 8c. That the establishment contained in Establishment the resolve of the late congress, of the third day of October, one of 3d Oct. thousand seven hundred and eighty-seven, except as to the mode 2257 recognis

ed, & of appointing the officers, and also as is hereinafter provided, be, and the same is hereby recognised to be the establishment for the troops in the service of the United States.

2. That the pay and allowances of the said troops, be the Pay and alsame as have been established by the United States in congress lowances of assembled, by their resolution of the twelfth of April, one thou- troops recogsand seven hundred and eighty-five.

3. That all commissioned and noncommissioned officers, Officers and and privates, who are, or shall be, in the service of the United privates to States, shall take the following oaths or affirmations, to wit: “1, take oaths, A. B. do solemnly swear or affirm, (as the case may be) that I will support the constitution of the United States." I, A. B. do solemn- Forms of the ly swear or affirm (as the case may be) to bear true allegiance to the oaths. United States of America, and to serve them honestly and faithfully, against all their enemies or opposers whatsoever, and to observe and obey the orders of the president of the United States of America, and the orders of the officers appointed over me.

§ 4. That the said troops shall be governed by the rules and Troops to be articles of war, which have been established by the United established States in congress assembled, or by such rules and articles of rules and arti

cles of war, war as may hereafter by law be established.

5. That, for the purpose of protecting the inhabitants of the President may frontiers of the United States from the hostile incursions of the call out militia

to protect Indians, the president is hereby authorized to call into service, against Infrom time to time, such part of the militia of the states, respec- dians, &c. tively, as he may judge necessary for the purpose aforesaid ; and Pay, &c. of that their pay and subsistence, while in service, be the same as the pay and subsistence of the troops abovementioned.

06. That this act shall continue, and be in force, until the Limitation of end of the next session of congress, and no longer. [Approved, this act, to September 29, 1789.].

Aug. 12, 1790. Chap. 27. An act to alter the time for the next meeting of congress. [Obsolete.]

§ 1. Be it enacted, fc. That, after the adjournment of the pre- Congress to sent session, the next meeting of congress shall be on the first

day in Jan. Monday in January next. [ Approved, September 29, 1789.]

&c.

militia in service.

meet first Mon

1790.

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Recommenda10 to the le. gisialures of the states to pass laws, inaking it the

No. 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 of their gaols, to receive, and safe keep

therein, all prisoners committed under the authority of the Unitduty of keep- ed States, until they shall be discharged by due course of the ers of gaols to laws thereof, under the like penalties as in the case of prisoners receive prison committed under the authority of such states, respectively; the ers committed

United States to pay for the use and keeping of such gaols, at thority of the

the rate of fifty cents per month, for each prisoner that shall, United States, under their authority, be committed thereto, during the time solution of 3d such prisoners shall be therein confined; and also to support March, 1791 ; such of said prisoners as shall be committed for offences. [Appost.

proved, September 23, 1789.]

under the au

Secretary of state to procure state laws.

No. 3. That it shall be the duty of the secretary of state to procure, from time to time, such of the statutes of the several states as may not be in his office. (Approved, September 23, 1789.]

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Passed at the second session, which was begun and held at the City

of New York, in the State of New York, on Monday, the 4th January, and ended on the 12th of August, 1790.

GEORGE WASHINGTON, President. John Adams, Vice President,

and President of the Senate. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.

Obsolete,

wares, and

See act

and ch. 3.

Chap. 28. (1.) An act for giving effect to the several acts therein mentioned, in respect to the state of North Carolina, and other purposes.

$1. Be it enacted, &c. That the several and respective duties The provisions specified and laid, in and by the act, entitled " An act for laying laying a duty a duty on goods, wares, and merchandises, imported into the on goods, United States ;” and in and by the act, entitled “ An act impos- merchandises, ing duties on tonnage," shall be paid and collected upon all imported into goods, wares, and merchandises, which, after the expiration of the United thirty days from the passing of this act, shall be imported into an act imthe state of North Carolina, from any foreign port or place, and posing duties upon the tonnage of all ships and vessels, which, after the said on tonnage, day, shall be entered within the said state of North Carolina, North Carolisubject to the exceptions, qualifications, allowances, and abate- va.

of 1789, ch. 2. ments, in the said acts contained or expressed ; which acts shall be deemed to have the like force and operation within the said state of North Carolina, as elsewhere within the United States.

§ 2. That for the due collection of the said duties, there shall Five collection be, in the said state of North Carolina, five districts; one to be districts in called the district of Wilmington, and to comprehend all the waters, shores, bays, harbors, creeks, and inlets, from Little River Inlet, inclusive, to New River Inlet, inclusive : Another to be called the district of Newbern, and to comprehend all the waters, shores, bays, harbors, creeks, and inlets, from New River Inlet, exclusive, to Ocracock Inlet, inclusive, together with Pamticoe Sound, (except that part of it into which the Pamticoe, or Tarr, and Machapunga rivers, empty themselves, and which lies between the Royal Shoal, extended to Machapunga Bluff, and the shoal which projects from the mouth of Pamticoe river towards the Royal Shoal:) Another to be called the district of Washington, and to comprehend all that part of Pamticoe Sound excepted out of the district of Newbern, and the waters, shores, bays, harbors, creeks, and inlets, adjacent to, and communicating with, the same : Another to be called the district of Edenton, and to comprehend all the waters, bays, harbors, creeks, and in

North Caroli.

na, &c.

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ces of resi

lets, from the channel between Pamticoe Sound and Albemarle
Sound, inclusive : The other to be called the district of Camb-
den, and to comprehend North River, Pasquotank, and Little
Rivers, and all the waters, shores, bays, harbors, creeks, and in-

lets, from the junction of Currituck and Albemarle Sounds, to Ports of entry

the northern extremity of Back Bay. That in the district of and delivery

Wilmington, the town of Wilmington shall be a port of entry
in North Ca- and delivery, and Swansborough a port of delivery only; and
rolina ; collec- there shall be a collector, naval officer, and surveyor, to reside
tors, naval offi-
cers, survey at the said town of Wilmington, and a surveyor to reside at
ors, their pla- Swansborough. That in the district of Newbern, the town of
dence, &c. Newbern shall be a port of entry and delivery, and the town of

Beaufort a port of delivery only; and there shall be a collector
to reside at Newbern, and a surveyor to reside at Beaufort. That
in the district of Washington, the town of Washington shall be
the sole port of entry and delivery, and there shall

be a collec-
tor to reside at the same. That in the district of Edenton, the
town of Edenton shall be a port of entry and delivery; and
Hartford, Murpheysborough, Plymouth, Winsor, Skewarkey,
Winton, and Bennet's Creek, ports of delivery; and there shall
be a collector at the town of Edenton, and a surveyor at Hart-
ford, another surveyor at Murpheysborough, one surveyor at
each of the ports of Plymouth, Winsor, Skewarkey, Winton, and

Bennet's Creek. That all ships or vessels, intending to proceed Vessels bound to Hartford, Plymouth, Winsor, Skewarkey, Winton, Bennet's tu certain pla- Creek, or Murpheysborough, shall first come to and enter at the at Edenton.

port of Edenton. That in the district of Cambden, Plankbridge,
on Sawyer's Creek, shall be the port of entry and delivery, and
Nixonton, Indiantown, Newbiggin Creek, Currituck Inlet, and
Pasquotank River Bridge, ports of delivery ; and there shall be
a collector at Plank bridge on Sawyer's Creek, and a surveyor at
each of the ports of Nixonton, Indiantown, Currituck Inlet,

Pasquotank River Bridge, and Newbiggin Creek : And that the
Extent of au-
thority of the apthority of the officers of each district shall extend over all the

waters, shores, bays, harbors, creeks, and inlets, comprehended

within such district.
Sole ports of V 3. That the ports of Wilmington, Newbern, Washington,
entry in North and Edenton, shall be the sole ports of entry within the said
vessels not re- state of North Carolina, for ships or vessels not registered or li-
gistered or li- censed within the United States, according to law, and for all
censed, &c.

ships or vessels whatsoever, which shall arrive from the Cape of
Good Hope, or any place beyond the same.

$ 4. That all the regulations, provisions, exceptions, allow-
the act, &c.
applicable, un- ances, compensations, directions, authorities, penalties, forfeit-
der this act, to ures, and other matters, whatsoever, contained or expressed in

the act, entitled "An act to regulate the collection of the duties
N. Carolina.
Act of 1789, imposed by law on the tonnage of ships or vessels, and on goods,
ch, 5, wares, and merchandises, imported into the United States," and

not locally inapplicable, shall have the like force and effect
within the said state of North Carolina, for the collection of the
said duties, as elsewhere within the United States, and as if the
same were repeated, and re-enacted in this present act.

ces, to enter

custom house officers,

Provisions of

the state of

.

ch. 15.

5. That the thirty-ninth section of the said act, and the Proviso; as to third section of an act, entitled “An act to suspend part of an the nullity of act, entitled “ An act to regulate the collection of the duties sections of cerimposed by law on the tonnage of ships or vessels, and on goods, tain acts. wares, and merchandises, imported into the United States, and Act of 1789, for other purposes," did, by virtue of the adoption of the constitution of the United States, by the said state of North Carolina, cease to operate in respect to the same.

$ 6. That the act entitled “ An act for registering and clearing The provisiono vessels, regulating the coasting trade, and for other purposes, feis an act for shall, after the expiration of thirty days from the passing of this clearing vesact, have the like force and operation within the said state of sels,” &c. exNorth Carolina, as elsewhere within the United States, and as if tended to the several clauses thereof were repeated, and re-enacted in this Act of 1789, present act.

ch. 11. 7. That the second section of the act, entitled “ An act to The 20 and 4th suspend part of an act, entitled “ An act to regulate the collec- sections of a tion of duties imposed by law on the tonnage of ships or vessels, certain act, reand on goods, wares, and merchandises, imported into the United vinued till 1st States, and for other purposes,” passed the sixteenth day of Sep- April, 1790, tember last, shall, with respect to the inhabitants and citizens of with respect to

Rhode Island, the state of Rhode Island and Providence Plantations, be reviv- &c. ed, and also, that the fourth section of the said act shall be re- Act of 1789, vived, and both continue in force until the first day of April next, and no longer. [Approved, February 8, 1790.] Chap. 29. [2.] An act providing for the enumeration of the inhabitants of the United States.

[Obsolete.] § 1. Be it enacted, &c. That the marshals of the several dis- Marshals to tricts of the United States, shall be, and they are hereby authorized and required, to cause the number of the inhabitants, within their respective districts, to be taken; omitting, in such enu- Mode of enumeration, Indians not taxed, and distinguishing free persons, in- meration. cluding those bound to service for a term of years, from all others; distinguishing, also, the sexes and colours of free persons, and the free males of sixteen years and upwards, from those under that age; for effecting which purpose, the marshals shall Marshals may have power to appoint as many assistants, within their respective appoint assistdistricts, as to them shall appear necessary; assigning to each ants, &c. assistant a certain division of bis district, which division shall consist of one or more counties, cities, towns, townships, hundreds, or parishes, or of a territory, plainly and distinctly bounded by water courses, mountains, or public roads. The marshals Marshals and and their assistants shall, respectively, take an oath or affirma- assistants 19

take an oath, tion, before some judge, or justice of the peace, resident within &c. their respective districts, previous to their entering on the discharge of the duties by this act required. The oath or affirma- Form of the tion of the marshal shall be, “I, A. B. marshal of the district of marshal's oath.

do solemnly swear (or affirm) that I will well and truly cause to be made, a just and perfect enumeration and description of all persons resident within my district, and return the same to the president of the United States, agreeably to the directions of an act of congress, entitled An act providing for the enumeration of

cause enumeration.

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