A digest of the laws of the United States : including the treaties with foreign powers, and an abstract of the judicial decisions relating to the constitutional and statutory law

Front matter

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Preface

Tus edition, the third of the Digest, contains all the Public Laws and the Treaties of the United States, executory and in force, including the Acts passed at the third session of the twenty-seventh Congress (1842-3)— except that the Indian Treaties, together with such portions of the Land Laws as have been in part executed or are of limited local character, have been omitted.

The classification adopted in the first edition has been preserved in its principal features; and, for the facility of research, a synopsis of each division has been placed at its head.

The judicial decisions illustrative of the Statutes have been given in copious Notes, appended to the appropriate text.

The references in the Index are sometimes made to the page, but more commonly to the article in which the subject is contained. In the former case the letter p. or word “page” is invariably used.

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Contents

Constitution of the United States

Of the origin, effect, and sanction of the laws

Classification of the laws

POLITICAL CODE.

Objects of the Political Code

BOOK I. Of the Legislative Power

Cuap. I. Of Congress.

§ 1

2. 3. 4, 5.

. Of the Senate Of the House of Representatives Of the Senate and House of Representatives Of the general powers of Congress Of restrictions on the legislative power of Congress . Of restriction on the powers of the States . Of the powers of the President in legislation . Of the officers of Congress . Of the library of Congress . Of the flag of the U.S.

BOOK II. Of the Executive power

Cuap. I. Of the President and Vice-

President

II. Of provisions common to several of the Executive Departments

III. Ofthe Department of State

VY. Of the Department of the Treasury

. Organization of the Department ,

2. Of the Secretary of the

* ‘Treasury . Of the Comptrollers

4, Of the Auditors

5. Of the Treasurer

6. Of the Register

7. Of the Solicitor of the T'reasur y, 8. Of public contracts and purchases

PAG | Xl noe

§ 9, Of the place and manner of”

‘Bp

* 40. Proceedings against debttA keeping and settling public accounts ors of the U.S.

11. Remedies for creditors of the U.S.

12. Of the General Land Office Cuar. V. Of the Department of

War

_ § 1. Of the Secretary

2. Of the Indian Department

Cuap. VI. Of the Navy Department

VII. Of public prosecutors § 1. Of the Attorney General

2. Of District Attorneys

Cuap. VIII. Of the Post Office § 1. Of the General Post Office

2, Of the Postmaster General, his powers and duties

3. Of postmasters and agents 4, Rates of postage, &c.

5. Of franks :

6. Of suits under post office acts

7. Repeal of other laws

Cuap. IX. Of Executive Ministers abroad

§ 1. Compensation of Ministers

2. Of Consuls

BOOK III. Of the Judiciary

Cuap. I. Of the organization of the

Judiciary, and of powers common to the several courts

II. Of the Supreme Court § 1. Organization of Supreme

Court

2. Original jurisdiction of the

Supreme Court

3. Appellate jurisdiction of the

Supreme Court

Cuapr. III. Of the Circuit Courts § 1. Of the organization of the

Circuit Courts

2. Of the original jurisdiction of the Circuit Courts

3. Of the appellate jurisdiction of the Circuit Court

PAGE,

100 109 113 115

117 118

118 119

Vill

PAGE Cuap. IV. Of the District Courts 161 § 1. Of the Organization of the District Courts 2. Of the jurisdiction of the District Courts Cuap. V. Of the Territorial Courts § 1. Of the Supreme Courts 2, Of the Courts in the Territory of Florida 3. Of the Courts in Wisconsin Territory Cuap. VI. Of the jurisdiction of " the State Judiciary under the laws of the U.S.

VII. Of the Officers of the

173 177 177

Courts 186

§ 1. Of attorneys and Counsellors 186 2. Of the Reporter 187 3. Of the Clerks | 188

4. Of the Marshals, Cryers, &c. and fees of Officers Crap, VIL. Of civil procedure

192 197

BOOK Iv. Of new States and Territories

Crap. I. Of new States Il. Of the Territories of the United States 230 § 1. Of the Territory north-west

~ of the Ohio

2. Of the Territory of Florida 3. Of the Territory of Wiscon-

sin and Iowa

4, Of Iowa Territory

BOOK V. Of Relations with Foreign Powers

Cnap. I. Treaties, &c. with the Netherlands No. 1. Treaty of October 8, 1782 No. 2. Convention relative to prizes, &c.

No, 3. Treaty of 19th Jan, 1839 Cuap. Il. Treaties with Sweden No. 1. Treaty of 3d April, 1783 No, 2. Treaty of 4th July, 1827

247 247

256 257 258 258 265

Cuap. III. Treaties with Prussia 271 No. 1. Treaty of 1785 271 No, 2. Treaty of 11th July, 1799 271 No. 3. Treaty of Ist May, 1828 276

Crap. LY. Treaties with Spain 280 No. 1. Treaty of 20th Oct. 1795 280 No. 2. Treaty of 22d Feb. 1819 285

Cuap. V, Treaties with Tunis 288

No. 1. Treaty of Aug. 1797 289

No. 2. Treaty of 24th Feb. 1824 291 Cuap. VI. Treaty with Tripoli July 4, 1805 292

CONTENTS.

PAGE Cuap. VII. Treaties with Great Britain 295 Cuap. VIII. Treaties with France 313 No. 1. Treaty of 25th June, 1822 313 No. 2. Treaty of 4th July, 1831 315 Cuap. IX. Treaty with Columbia, 30th Oct. 1824 Cuap. X. Treaties with Russia No. 1. Convention 5th of April 1824 323 No. 2. Convention 6th Dec. 1832 324 Cuap. XI. Treaty with Central America Cuap. XII. Treaty with Denmark,

316 323

14th Oct. 1826 oa

Cuap. XIII. Treaty with the Hanseatic Republics 338 No. 1. Treaty 20th Dec. 1827 338

No. 2. Convention 4th June, 1828 341 Cuar. XIV. Treaty with Brazil, 12th Dec. 1828 Cuap. XV. Treaty with Austria, 27th Aug. 1829 Cuap. XVJ. Treaty with the Ottoman Porte, 7th May, 1830 Cuap. XVII. Treaties with Mexico No. 1. Treaty 5th April, 1831 No. 2. Treaty 11th April, 1839 Cuap. XVIII. Treaty with Chili, 16th May, 1822 Cuap. XIX. Treaty with Muscat, 21st Sep. 1833 Cuap. XX. Treaty with Siam, 20th

342 350)

354 363

March, 1833 375 Cuar. XXI. Treaty with Venezuela, 20th Jan, 1836 376

Cuap. XXII. Treaty with Morocco, Sept. 16, 1836

Cuap. XXIII. Treaty with Peru Bolivia, 30th Nov. 1836 388

Cuap. XXIV. Treaty with Greece,

10th Dec. 1837 396 Cuap, XXV. Treaty with Sardinia,

26th Noy. 1838 401 Cuap. XXVI. Treaty with Ecua-

dor, 13th June, 1839 406 Cuap. XXVII. Treaty with Hano-

Cuap, XXVIII. Treaty with Portugal, 26th Aug. 1840 417

BOOK VI. Of Indian Relations

Cuap. 1. Provision for removing the Indians west of the Mississippi

II. Of intercourse with the Indians

423 424

PAGE BOOK VII.

Of Aliens, 435 Cuap. I. Of Naturalization 435 II. Of Alien Enemies 439 BOOK VIII.

Of the Public Domain. 441 Cuap. I, Of streams, navigable and innavigable Il. Of Survey of Coasts 442 IL. Provisions against illegal _ occupancy of lands 443 IV. Of the subordinate Land Offices 445 § 1. In Ohio 445 2. In Indiana 445 3. In Illinois 447 4. In Missouri 449 5. In Louisiana 451 6. In Mississippi 452 7. In Alabama 453 8. In Michigan and Wisconsin and lowa Territories 455 9. In Arkansas 458 10. In Florida 459 VY. Of the Officers of the su- : bordinate Land Offices 459 § 1. Of the Registers 459 2. Of the Receivers 462 3. Of the Surveyors 463 VI. Of the mode of surveying public Jands 469 VII. Of pre-emption rights 473 VIil. Of the sale of public lands and disposal of roceeds 485 § 1. Of the sale of public lands and mode of payment therefor 485 2. Of the disposal of proceeds of public lands 422 1X. Provision for relief of purehasers 495

CONTENTS.

X. Of Military land bounties 505 § 1. Donations of the Revolutionary War

2. Donations in the Virginia military reservation 511 8. Donations in the war of 1812 521

BOOK Ix.

Of Navigation, Commerce and Revenue.

Cuap. I. Of vessels in the foreign trade 533 I. Of the Registry and Record of vessels 533

Cuap. III. Of the Entry and Departure of vessels

§ 1. Of ports at which entry may be made and goods landed

2. Documents for, and proceedings relative to vessels entering the U. States

3. Of report of vessels after arrival

By Of vessels arriving, having goods on board destined for a foreign port

5. Of vessels having goods on board destined for several districts

6. Of Quarantines 7. Of Documents and Requisites for vessels departing the United States

Cuap. IV. Regulation of passenger vessels V. Of Seamen of the United States

§ 1. What seamen may be employed on board of American vessels

2. Of contract with seamen and breach thereof

3. Of the finding of the vessel and treatment of seamen on board

4. Of the protection of seamen against seizure by foreign power

5. Of relief of American seamen in foreign countries

6. Of relief of seamen in United States

Crap. VI. Provisions relative to foreign seamen Vil.*Of Internal Navigation and Commerce

§ 1. Of vessels which may engage in the domestic trade

2. Of the enrolment and license of vessels

3. OF the form, record, duration, surrender, and inspection of licenses

A, Regulations for vessels in the coasting trade

5. Of regulations for steam vessels

Cuap. VIII. Of the Fisheries of the

United States

§ 1. Of vessels engaged in the fisheries

2. Of the contract with fishermen

Cuap. IX. Of the Slave-trade § 1. Of the prohibition of import of slaves

1x PAGE

549 553

556 558

§ 2. Of the Slave-trade with foreion countries 3. Of the Slave-trade within the United States Cuap. X. Of measures for protection of Navigation and Commerce § 1. Of Pilots 2. Of Wrecks 3. Of Light-houses .

Cuar. XI. Of Revenue from Imports, &c. § 1. Of Duties on Imports 2. Of Duties on goods imported in Foreign vessels 3. Of the mode of payment, and of suits for duties Cuap. XII. Of the Drawback of Duties § 1. Of cases in which Drawback is allowed 2. Of districts whence goods may be exported with benefit of drawback 3. Of general provision relative to drawback 4. Of drawback on Goods exported from district other than that of original importation 5. Drawback and Bounty on export of certain articles produced within U. States Cuar. XIII. Of Duties on Tonnage § 1. Of tonnage duties on American vessels 2. Of tonnage duty on Foreign vessels 3. Of Port duties on tonnage in individual States 4. Of the payment and estimate of tonnage utiles Cuap. XIV. Of the Collection Districts of the U. States § 1. Collection Districts in Maine 2. In New Hampshire 3. In Vermont 4. In Massachusetts 5. In Connecticut 6. In Rhode Island and Providence 7. In New York 8. In New Jersey 9. In Pennsylvania 10. In Delaware 11. In Maryland 12, In District of Columbia 13. In Virginia 14, In North Carolina 15. In South Carolina 16. In Georgia 17. In Florida 18, In Alabama

PAGE

607 613

615 |

616 616

617 617

640 645 650 650

653 653

662 667

671 674 674

75 677

CONTENTS.

§ 19. In Mississippi 20. In Louisiana 21. In Ohio and N. W. Territory XV. Of the Officers of the Revenue Of the appointment, &c., of Collectors, Naval Officers, Surveyors, &c. . OF the office of Collector . Of the Naval Officer . Of.the Surveyor . Of the Inspectors . Of powers and duties common to several Officers of the Revenue 7. Of Weighers, Gaugers, and Measurers 8. Of Appraisers 9. Of Revenue Cutters and Boats Cuapr. XVI. Of the entry and delivery of goods imported into the United States § 1. General provisions relating to the entry of goods imported 2. Of entry of goods subject to ad valorem duties 3. Of the landing, inspection, and delivery of goods 4, Of frauds on the customs and penalties for breach of Revenue Laws

Cuap.

jul

D Oe Ww

BOOK X.

Of the money of the United States

Of the Mint

Of foreign coins current in the United States

Of Bank notes receivable by U.S.

CIVIL CODE.

. Of Copyrights, &.

II. Of Patents for new and useful inventions

. Of Imprisonment for debt

. Of Insolvents

. Of Bankruptey

. Of Fugitives from justice

. Of Fugitives from service

Cuap. I.

IL.

Il.

MILITARY CODE.

Cnap. I. Of the Military Academy Il. Of armories, arsenals, arms &c, Ill. Of the organization of the army

768 785 785 792 800 801

803 805 810

CONTENTS.

Of the commanders

2. Of the corps of the army

Of Adjutants and Inspectors General

4, Of the Quartermaster’s Department

Of the Commissary Department

6. Of the Paymaster’s Depart-

ment

7. Of the Medical Department

8. Of Chaplains

9. Ofrecruiting, desertions, ex-

emption from arrest, &c. . Of pay, subsistence, clothing, &c.

. Of bonds and accounts of officers

Of Brevet Rank

. Of the Judge Advocate

.1V. Of the government of the Army

V. Of the Militia

§ 1. Organization, discipline, pay &c.

2. Of the government of the Militia

3. Of the service of the Militia and Army to suppress insurrections and repel in-

: vasions Cuap. VI. Of the Navy § 1. Of the Navy material

2. Of the organization of the Navy

8. Of the pay and subsistence

4. Of the Marines

5. Of the Naval Hospital

6. Of the regulations and government of the Navy

7. Of Prizes and Salvage

Cuap. VII. Of Military Pensions § 1. Of Commissioner of Pensions

2. Pensions for Revolutionary services

3. Of Army pensions and half pay, 4. Of Navy pensions 5 Of the Navy Pension Fund

CRIMINAL CODE.

i _ Cuar. 1.;\Of offences against the state §A. Of treason ; 2. Of criminal relations with and against foreign powers 3. Of offences against post-office regulations 4. Offences relating to public documents 5. Offences relating to the currency

PAGE

810 810

816 817

826 834 835 835

836 851

884 885 895

902 907

910 910

912 915 918 922

6. Offences in hinderance of justice . Offences against National Law Of larceny and embezzlement of public property . Of bribery 10. Of perjury 11. Of extortion Cuap. Il. Of offences against individuals § 1. Of Piracy and piratical misdemeanors : 2. Of offences on waters within the admiralty jurisdiction 3. Of offences on land within jurisdiction of the United States 4, Of offences against the persons of individuals 5, Of larceny and embezzlement of property 6. Conspiracy to destroy vessels Cuar. III. Of procedure in criminal cases

~ co

Appendix

1. Form of certificate of builder

. Form of certificate of record

3. Oath of master, on Jost cer-

tificate of registry

4, Form of certifieate of recistry

. Form of manifest

. Form of description of foreign vessels

. Form of certificates to be

endorsed on manifest

Form of report of master,

on arrival of vessel

Form of report of master

on arrival when vessel has

spirits on board

Form of bond of master

having goods on board for

foreign place

. Form of certifieate for vessel with foreign goods proceeding from one district to another

. Form of bond in such case

. Form of certificate for cancelling such bond

. Form of certificate for

spirits, &c., taken from

port of arrival to another

port, in importing vessel

Form of manifest for ves-

sels bound to foreign port

No.

x1

PAGE

925 926 927 927 928 929

929 933

937 938 939 940

949 949 949

Xi

CONTENTS.

AGE No. 16. Form of oath of master for such manifest 955 17. Form of clearance 955 18. Form of enrolment 955 19. Form of license 956 20. Form of oath relative to baggage 956 21. Form of bond relative to baggage 956 22. Form of bond for duties . 957 23. Form of entry of goods for benefit of drawback 957 24° Form of permit for export ol.

36, with drawback 957

. Form of verification, by exporter, who is the importer

Form of verification, by importer, when goods are sold to be imported

Form of verification on exportation, by person. other than the importer Form of verification by other persons than importer or exporter

Form of debenture

Form of bond on issuing debenture

Form of certificate of consignee, of delivery of merchandise at foreign port Form of oath of officers of vessel landing merchandise at foreign port Form of certificate of delivery of merchandise at foreign port, by consul Form of certificate of delivery of merchandise at foreign port, by merchants Form of entry of goods transported coastwise for export from another district, with drawback Form of certificate on transport of goods coastwise, &c. to another district for export, with drawback 961 Form of entry of goods arriving coastwise, &c. to be exported with drawback

40. 41.

42. 43.

44, 45. 46.

47. 48.

53. 54.

. in such case

56. 57.

PAGE Form of permit for unlading goods transported coastwise, &c. for export with drawback Form of certificate on export, of goods, from district other than of import Form of entry of domestic Spirits intended to be exported Form of oath of custom-house officer Form of bond to be given by officers of customs Form of returns of weighers, gaugers, measurers Form of entry of goods Form of oath on entry of goods Form of oath where goods are entered by invoice Form of bond where entry is made by agent Form of oath to appraisement where entry is incomplete Form of oath of appraisers of damaged goods Form of oath in case of goods to be carried over portages E Form of certificate in case of goods to be carried over portages Form of oath on return of domestic products after exportation Form of certificate of exportation of domestic products returned Form of bond when such certificate cannot be produced Form of certificate on landing spirits, &c.

Form of special certificate

962 962

963 963 963

963 963

964 965 966

966 967

967 967 968 968

968 969

969 Form of permit for landing goods

Form of inspector’s return Form of certificate for goods taken into possession of custom-house officers

969 969

| CONSTITUTION OF THE UNITED STATES.

We, the people of the United States, in order to form a more perfect Union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

Section I

All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECTION Il.

The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.

No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States; and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three ; Massachusetts eight; Rhode Island and Providence Plantations one; Connecticut five ; New York six; New Jersey four; Pennsylvania eight; Delaware one; Maryland six; Virginia ten; North Carolina five; South Carolina five; and Georgia three.

When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.

Section III

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one yote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the Senators of the first class, shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.

The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.

B a]

ay CONSTITUTION.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be , convicted without the concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust, or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.

Section IV

The times, places, and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year, and such meeting shal} be on the first Monday in December, unless they shall by law appoint a different day.

Section V

Each House shall be the judge of the elections, returns, and qualifications, of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the coneurrence of two-thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question, shall, at the desire of one-fifth of those present, be entered on the journal.

Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting,

Section VI

The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to or returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased

» during such time; and no person holding any office under the United States, shall be a member of either House during his continuance in office.

Section VII

All bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or concur with amendments as on other bills.

Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States; if he approve he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such eases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each House respectively. If any bill shall not be re-

Pte

CONSTITUTION. Xv tumed by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevents its return, in which case it shall not be a law.

Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment,) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

SECTION VIII. The Congress shall have power

To lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defence and general welfare of the United States ; but all duties, imposts, and excises, shall be uniform throughout the UnitedStates :

To borrow money on the credit of the United States:

To regulate commerce with foreign nations, and among the several States, and with the Indian tribes :

To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States: J ;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures : PY

To provide for the punishment of counterfeiting the securities and current coin of the United States:

To establish post-offices and post roads: >

To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries: