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2410. The marshals and their deputies shall pay all such fines by them levied, to the comptroller of the treasury within two months after they shall have received the same, deducting therefrom five per centum as a compensa. tion for their trouble; and in case of failure, the same shall be recoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interests and costs.(1)

SECTION III.

Of the service of the Militia to suppress insurrections and repel in

pasions.

Term of service

2411 President may call forth militia,

army and navy, in case of invasion or insurrection

2412 In case of use of military force,

president to command insurgents to disperse

2413 Expenses of marching militia to rendezvous, how paid

2414 Provision for militia wounded in service

2415

ART. 2411. No officer, non-commissioned officer, or private of the militia, shall be compelled to serve more than three months after his arrival at the place of rendezvous in any one year, nor more than in due rotation with every other able bodied man of the same rank in the battalion to which he belongs.(2)

2412. Whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be law. ful for the president of the United States to call forth such number of the militia of the state or states most convenient to the place of danger, or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose, to such officer or officers of the militia as he shall think proper. And in case of an insurrection in any state, against the government thereof, it shall be lawful for the president of the United States, on application of the legislature of such state, or of the executive, (when the legislature cannot be convened,) to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection (3)

Whenever the laws of the United States shall be opposed, or the execution thereof obstructed in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the president of the United States to call forth the militia of such state; or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed ; and the use of militia so to be called forth may be continued if necessary, until the expiration of thirty days after the commencement of the then next session of congress.(4)

In all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the president of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of

(1) Act 28th Feb. 1795, sec. 8.-Act 2d Feb. 1813.

(2) Act 28th Feb. 1795, sec. 4.

(3) Ibid. sec. 1. (4) Ibid. sec. 2.

the land or naval force of the United States as shall be judged necessary,
having first observed all the prerequisites of the law in that respect.(1)
• 2413. Whenever it may be necessary, in the judgment of the president,
to use the military force hereby directed to be called forth, the president
shall forthwith, by proclamation, command such insurgents to disperse, and
retire peaceably to their respective abodes, within a limited time.(2)

2414. The expenses incurred, or to be incurred by marching the militia of any state or territory of the United States to their places of rendezvous, in pursuance of a requisition of the president of the United States, or which shall have been, or may be incurred in cases of calls made by the authority of any state or territory, which shall have been or may be approved by him, shall be adjusted, and paid in like manner as the expenses incurred after their arrival at such place of rendezvous, on the requisition of the president of the United States: Provided, That nothing herein contained shall be considered as authorizing any species of expenditure, previous to arriv. ing at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous.(3)

2415. If any person, whether officer or soldier, belonging to the militia of any state, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense.(4)

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SECTION I.

Of the Navy Material.
Lands of U. S. to be explored for Ship timber to be procured

2423
live oak, &c.-such lands to be Further measures for protection of
reserved
2416 live oak

2424 Penalty for illegally cutting such Two dry docks authorized

2425 timber

2417 Marine rail-way at Pensacola 2426 Penalty on vessels illegally trans- Navy yards to be improved 2427 porting such timber

2418 Money appropriated not to be diPenalty, how remitted 2419 vested

2428 Further penalties on cutting and on Appropriations and act of 1827, taking away such timber-how continued

2429 remitted 2420 Dry dock at New York

2430 Further provisions for the preserva- Vessels, how named

2431 tion of live oak

2421 Vessels may be sold, when 2432 Annual appropriation for increase Navy yard and depot at Florida 2433 of the navy

2422 ART. 2416. The secretary of the navy under the direction of the president of the United States, may cause such vacant and unappropriated lands of the United States as produce the live oak and red cedar timbers to be explored, and selection to be made of such tracts or portions thereof, where the principal growth is of either of the said timbers, as in his judg. ment may be necessary to furnish for the navy a sufficient supply of the said timbers. The said secretary may employ such agent or agents and surveyor as he may deem necessary for the aforesaid purpose, who shall re. port to him the tracts by them selected, with the boundaries ascertained and (1) Act 3d March, 1807.

(3) Act 20th April, 1818, sec. 1. (2) Act 28th Feb. 1795, sec. 3.

(4) Act 8th May, 1792, sec. 9.

accurately designated by actual survey or water courses, which report shall be laid before the president, which he may approve or reject, in whole or in part; and the tracts of lands thus selected with the approbation of the president, shall be reserved, unless otherwise directed by law, from any future sales of the public lands, and be appropriated to the sole purpose of supplying timber for the navy of the United States : Provided, That nothing herein contained shall be construed to prejudice the rights of any person or persons claiming lands which may be so reserved.(1)

The duties required by the article above referred to, by agents and surveyor, shall be performed in future by such surveyor of public lands, as may be designated by the president.(2)

2417. If any person shall cut any timber on the lands reserved as afore. said, or shall remove or be employed in removing timber from the same, unless duly authorized so to do, by order of a competent officer, and for the use of the navy of the United States; or if any person shall cut any live oak or red cedar timber, or remove or be employed in removing from any other public lands of the United States, with intent to dispose of the same for transportation to any port or place within the United States, or for ex. portation to any foreign country, such person so offending, and being thereof duly convicted before any court having competent jurisdiction, shall pay a fine not exceeding five hundred dollars, and be imprisoned not exceeding six months.(3)

If the master, owner, or consignee of any vessel, shall knowingly take on board any timber cut on lands reserved as aforesaid, without proper authority, and for the use of the navy, or shall take on board any live oak or red cedar timber, cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the vessel on board of which the same shall be seized, shall, with her tackle, apparel, and furniture, be wholly forfeited.(4)

2418. If any timber, as aforesaid, shall, contrary to the prohibitions of this act, be exported to any foreign country, the vessel in which the same shall have been exported, shall be liable to forfeiture, and the master of such vessel shall forfeit and pay a sum not exceeding one thousand dol. lars.(5)

2419. All penalties and forfeitures, incurred for taking on board, transporting or exporting timber, by force of this act, shall be sued for, recovered, and distributed, and accounted for in the manner prescribed by the act, 'entitled, “ An act to regulate the collection of duties on imports and ton. nage,” (art. 2088) and shall be mitigated or remitted in the manner prescribed by the act, entitled, “ An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned."(6) (See article 2098.)

2420. If any person or persons shall cut, or cause or procure to be cut, or aid, assist, or be employed in cutting, or shall wantonly destroy, or cause or procure to be wantonly destroyed, or aid, assist, or be employed in wan. tonly destroying any live oak or red cedar tree or trees, or other timber standing, growing, or being on any lands of the United States, which, in pursuance of any law passed, or hereafter to be passed, shall have been reserved or purchased for the use of the United States, for supplying or furnishing therefrom, timber for the navy of the United States; or if any person or persons shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing from any such lands which shall have

(1) Act 1st March, 1817, sec. 1. (4) Ibid. sec. 3. (2) Act 15th May, 1820.

(5) Ibid. sec. 4. (3) Act 1st March, 1817, sec. 2. (6) Ibid. sec. 5.

been reserved or purchased as aforesaid, any live oak or red cedar tree, or trees, or other timber, unless duly authorized so to do, by order, in writing, of a competent officer, and for the use of the navy of the United States ; or if any person or persons shall cut, or cause or procure to be cut, or aid, or assist, or be employed in cutting any live oak or red cedar tree or trees, or other timber on, or shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing any live oak or red cedar trees, or other timber from any other lands of the United States acquired, or here. after to be acquired, with intent to export, dispose of, use, or employ the same in any manner whatsoever, other than for the use of the navy of the United States ; every such person or persons so offending, on conviction thereof before any court having competent jurisdiction, shall, for every such offence, pay a fine not less than triple the value of the tree or trees, or timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve months.(1)

If the master, owner, or consignee of any ship or vessel shall, knowingly, take on board any timber cut on lands which shall have been reserved or purchased as aforesaid, without proper authority, and for the use of the navy of the United States ; or shall take on board any live oak or red cedar timber cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to ex. port the same to any foreign country, the ship or vessel on board of which the same shall be taken, transported, or seized, shall, with her tackle, apparel, and furniture, be wholly forfeited to the United States; and the captain or master of such ship or vessel wherein the same shall have been exported to any foreign country against the provisions of this act, shall forfeit and pay to the United States a sum not exceeding one thousand dollars.(2)

All penalties and forfeitures incurred under the provisions of this act shall be sued for, recovered and distributed, and accounted for, under the directions of the secretary of the navy, and shall be paid over, one half to the informer or informers, if any, or captors, where seized, and the other half to the commissioners of the navy pension fund, for the use of the said fuod ; and the commissioners of the said fund are hereby authorized to mitigate, in whole or in part, and on such terms and conditions as they shall deem proper, and order, in writing, any fine, penalty, or forfeiture incurred under this act.(3)

2421. In addition to the provisions now in force on the subject of the live oak growing on the public lands, it shall be the duty of all collectors of the customs within the territory of Florida, and the states of Alabama, Mississippi, and Louisiana, before allowing a clearance to any vessel laden in whole or in part with live oak timber, to ascertain satisfactorily that such timber was cut from private lands, or, if from public ones, by consent of the navy department. And it is hereby made the duty of all officers of the customs, and of the land officers within said territory and states, to cause prosecu. tions to be seasonably instituted against all persons known to be guilty of depredations on, or injuries to, the live oak growing on the public lands.(4)

2422. For the gradual improvement of the navy of the United States, the sum of five hundred thousand dollars per annum, for six years, is hereby appropriated, to be applied as in this act prescribed, and as may, hereafter, be directed by law.(5)

2423. The president is hereby authorized to cause to be procured, ship timber suitable for the construction of vessels of the various classes now recognized in the navy of the United States; and also the timber proper for (1) Act 2d March, 1831, sec. 1.

(4) Act 2d March, 1833, sec. 3. (2) Ibid. sec. 2.

(5) Act 3d March, 1827, sec. 1. (3) Ibid. sec. 3.

the construction of steam batteries ; and to take the proper measures for having the said timber duly seasoned and preserved, so as to be fit for immediate use :(1)

2424. To take the proper measures to preserve the like oak timber growing on the lands of the United States, and he is also authorized to reserve from sale such lands, belonging to the United States, as may be found to contain live oak, or other timber, in sufficient quantity to render the same valuable for naval purpose :(2)

2425. To cause to be constructed two dry docks, on the most approved plan, for the use of the navy of the United States, the one of said docks to be erected at some point to the south, and the other to the north of the Potomac river :(3)

2426. To cause the necessary examinations and inquiries to be made, to ascertain the practicability and expediency of erecting a marine railway for the repair of sloops of war, and other vessels of an inferior class, at Pensacola, and, if it shall appear from such inquiry and examination, that such rail-way would be useful to the navy of the United States, and can be constructed at a reasonable expense, that he cause the same to be constructed, on the most approved plan :(4)

2427. To cause the navy yards of the United States to be thoroughly examined, and plans to be prepared, and sanctioned by the president, for the improvement of the same, and the preservation of the public property therein, from which plans, no deviation shall hereafter be made but by his special order.(5)

2428. The money appropriated by this act shall not be transferred to any other object of expenditure, nor shall any part thereof be carried to the fund denominated the surplus fund; and annual reports shall be submitted to congress of the expenditures under this act, and the measures taken to carry the same into effect.(6)

2429. By act 2d March, 1833, the annual appropriation of $500,000, with the act of 1827, was continued for six years from the third of March, 1833; the money to be applied for the purposes expressed in the act of 1827; and also to the purchase of other necessary materials as well as timber suitable for the construction of vessels of war.

2430. By act third of March, 1835, the secretary of the navy under the direction of the president, is authorized to purchase a site, should it be deemed most advisable, and to cause a dry dock for the naval service to be constructed upon the most approved plan, in the harbour of New York, or its adjacent waters; for which $100,000 were appropriated.

2431. All ships of the navy of the United States, now building, or hereafter to be built, shall be named by the secretary of the navy, under the direction of the president of the United States, according to the following rule, to wit: those of the first class shall be called after the states of the Union ; those of the second class, after the rivers ; those of the third class, after the principal cities and towns, taking care that no two vessels of the navy shall bear the same name.(7)

2432. The president may direct any of the armed vessels of the United States to be sold, whenever he shall be of opinion that such vessel is so much out of repair that it will not be for the interest of the United States to repair the same.(8)

(1) Act 3d March, 1827, sec. 2.
(2) Ibid. sec. 3.
(3) Ibid. sec. 4.
(4) Ibid. sec. 5.

(5) Ibid. sec. 6.
(6) Ibid. sec. 7.
(7) Resolution of 13th March, 1819.
(8) Act 21st April, 1806, sec. 3.

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