Page images
PDF
EPUB

Form of the assistant's oath.

tion to commence first Monday in Aug. 1790, and end in nine months.

the inhabitants of the United States," according to the best of my ability." The oath or affirmation of an assistant, shall be, "I, A. B. do solemnly swear (or affirm) that I will make a just and perfect enumeration and description of all persons resident within the division assigned to me by the marshal of the district of

and make due return thereof to the said marshal, agreeably to the directions of an act of congress, entitled "An act providing for the enumeration of the inhabitants of the United States," according lo The enumera- the best of my ability." The enumeration shall commence on the first Monday in August next, and shall close within nine calendar months thereafter: The several assistants shall, within the said nine months, transmit to the marshals by whom they shall be respectively appointed, accurate returns of all persons, except Indians not taxed, within their respective divisions, which returns shall be made in a schedule, distinguishing the several families, by the names of their master, mistress, steward, overseer, or other principal person therein, in manner following, that is to say:

Returns to be
by schedule,
&c.

Form of the schedule.

The number of persons within my division, consisting of appears in a schedule hereunto annexed, subscribed by day of

me this

A. B. assistant to the marshal of

179

Schedule of the whole number of persons within the division allotted to

[blocks in formation]

Forfeiture for false return,

&c. by assist

ants.

Marshals to

file return with the clerks of

the district courts, and

transmit the

aggregate

dent, on or be

of families.

§ 2. That every assistant failing to make return, or making a false return of the enumeration to the marshal, within the time by this act limited, shall forfeit the sum of two hundred dollars.

§ 3. That the marshals shall file the several returns aforesaid, with the clerks of their respective district courts, who are hereby directed to receive and carefully preserve the same: And the marshals, respectively, shall, on or before the first day of September, one thousand seven hundred and ninety-one, transmit to the president of the United States, the aggregate amount amount there of each description of persons within their respective districts. of to the presi- And every marshal failing to file the returns of his assistants, or any of them, with the clerks of their respective district courts, or failing to return the aggregate amount of each description of persons in their respective districts, as the same shall appear from said returns, to the president of the United States, within the time limited by this act, shall, for every such offence, forfeit the sum of eight hundred dollars; all which forfeitures shall be recoverable in the courts of the districts where the offences shall be committed, or in the circuit courts to be held within the

fore the 1st of September, 1791.

Forfeiture on failure, 800 dollars.

Recovery of forfeitures.

cept, &c.

same, by action of debt, information or indictment; the one half thereof to the use of the United States, and the other half to Half to the inthe informer; but where the prosecution shall be first instituted former; exon behalf of the United States, the whole shall accrue to their use. And for the more effectual discovery of offences, the judges This act to be of the several district courts, at their next sessions to be held given in after the expiration of the time allowed for making the returns charge to grand juries. of the enumeration hereby directed, to the president of the United States, shall give this act in charge to the grand juries, in their respective courts, and shall cause the returns of the several assistants to be laid before them for their inspection.

§ 4. That every assistant shall receive at the rate of one dol- Rate of compensation to lar for every one hundred and fifty persons by him returned, assistants. where such persons reside in the country; and where such persons reside in a city, or town, containing more than five thousand persons, such assistant shall receive at the rate of one dollar for every three hundred persons; but where, from the dispersed situation of the inhabitants in some divisions, one dollar for every one hundred and fifty persons shall be insufficient, the marshals with the approbation of the judges of their respective districts, may make such further allowance to the assistants in such divisions, as shall be deemed an adequate compensation, provided the same does not exceed one dollar for every fifty persons by them returned. The several marshals shall receive Compensation as follows: The marshal of the district of Maine, two hundred to marshals. dollars; the marshal of the district of New Hampshire, two hundred dollars; the marshal of the district of Massachusetts, three hundred dollars; the marshal of the district of Connecticut, two hundred dollars; the marshal of the district of New York, three hundred dollars; the marshal of the district of New Jersey, two hundred dollars; the marshal of the district of Pennsylvania, three hundred dollare; the marshal of the district of Delaware, one hundred dollars; the marshal of the district of Maryland, three hundred dollars; the marshal of the district of Virginia, five hundred dollars; the marshal of the district of Kentucky, two hundred and fifty dollars; the marshal of the district of North Carolina, three hundred and fifty dollars; the marshal of the district of South Carolina, three hundred dollars; the marshal of the district of Georgia, two hundred and fifty dollars. And to obriate all doubts which may arise, respecting the persons to be returned, and the manner of making returns,

sidence.

§ 5. That every person, whose usual place of abode shall be Rules for asin any family on the aforesaid first Monday in August next, shall certaining rebe returned as of such family; and the name of every person, who shall be an inhabitant of any district, but without a settled place of residence, shall be inserted in the column of the aforesaid schedule, which is allotted for the heads of families, in that division where he or she shall be on the said first Monday in August next; and every person occasionally absent at the time of the enumeration, as belonging to that place in which he usually Persons more resides in the United States.

than sixteen

§ 6. That each and every person, more than sixteen years of years old, to age, whether heads of families or not, belonging to any family

render true accounts of families.

20 dolls. for feiture for re

fusal.

Assistants to set up two

copies of sche dule, &c.

Two dollars

for each copy, on proof.

Forfeiture on failure.

Repealed.
Vol. i. p. 330.
Aliens, resi-

dent two

years, may be admitted citizens, &c.

Proof of character, &c.

Record of application, &c.

within any division of a district, made or establised within the United States, shall be, and hereby is, obliged to render to such assistant of the division, a true account, if required, to the best of his or her knowledge, of all and every person belonging to such family, respectively, according to the several descriptions aforesaid, on pain of forfeiting twenty dollars, to be sued for and recovered by such assistant, the one half for his own use, and the other half for the use of the United States.

§ 7. That each assistant shall, previous to making his return to the marshal, cause a correct copy, signed by himself, of the schedule, containing the number of inhabitants within his division, to be set up at two of the most public places within the same, there to remain for the inspection of all concerned; for each of which copies, the said assistant shall be entitled to receive two dollars, provided proof of a copy of the schedule having been set up and suffered to remain, shall be transmitted to the marshal, with the return of the number of persons; and in case any assistant shall fail to make such proof to the marshal, he shall forfeit the compensation by this act allowed him. [Approved, March 1, 1790.]

CHAP. 30. [3.] An act to establish an uniform rule of naturalization. § 1. Be it enacted, &c. That any alien, being a free white person, who shall have resided within the limits and under the juris. diction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the states wherein he shall have resided for the term of one year at least, and making proof, to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years, at the time of such naturalization, shall also be considered as citizens of the United States. And the children of citizens of the United States, that may be born citizens born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States; Provided also, That no person heretofore proscribed by any state, shall be admitted a citizen as aforesaid, except by an act of the legislature of the state in which such person was proscribed. [Approved, March 26, 1790.]

Children of naturalized citizens, &c.

Children of

beyond sea, &c.

Proviso; as to paternal residence. Proviso; as to persons proscribed.

Repealed, vol. i. p. 656, 663. Collectors, &c, to attend to, § 1. Be it enacted, &c. That the collectors and other officers and enforce, of the customs in the several ports of the United States, be, and the inspection they are hereby, directed to pay due regard to the inspection several states. laws of the states in which they may respectively act, in such

CHAP. 32. [5]. An act to prevent the exportation of goods not duly inspected according to the laws of the several states.

laws of the

manner, that no vessel having on board goods liable to inspection, shall be cleared out, until the master, or other proper person, shall have produced such certificate, that all such goods have been duly inspected, as the laws of the respective states do, or may, require to be produced to collectors or other officers of the customs. [Approved, April 2, 1790.]

CHAP. 33. [6.] An act to accept a cession of the claims of the state of North Carolina to a certain district of western territory.

A deed of cession having been executed, and, in the senate, Reference to offered for acceptance to the United States, of the claims of the deed of cession state of North Carolina to a district or territory therein described; Carolina. which deed is in the words following, viz.

To all who shall see these presents.

from North

deed.

We, the underwritten Samuel Johnston and Benjamin Hawkins, Words of the senators in the congress of the United States of America, duly and constitutionally chosen by the legislature of the state of North Carolina, send greeting.

on the

Whereas the general assembly of the state of North Carolina, day of December, in the year of our Lord one thousand seven hundred and eighty-nine, passed an act, entitled "An act for the purpose of ceding to the United States of America certain western lands therein described," in the words following, to wit:

Words of the

act of North Carlolina, under which the deed is executed.

"Whereas the United States in congress assembled, have repeatedly and earnestly recommended to the respective states in the Union, claiming or owning vacant western territory, to make cessions of part of the same, as a further means, as well of has tening the extinguishment of the debts, as of establishing the harmony of the United States; and the inhabitants of the said western territory, being also desirous that such cession should be made, in order to obtain a more ample protection than they have heretofore received: Now, this state, being ever desirous of doing ample justice to the public creditors, as well as the establishing the harmony of the United States, and complying with the reasonable desires of her citizens; Be it enacted by the general assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That the senators of this state, Senators and in the congress of the United States, or one of the senators and representaany two of the representatives of this state, in the congress of tives authorthe United States, are hereby authorized, empowered, and re- a deed, &c quired, to execute a deed, or deeds, on the part and behalf of this state, conveying to the United States of America, all right, title, and claim, which this state has to the sovereignty and territory of the lands situated within the chartered limits of this state, west of a line, beginning on the extreme height of the Boundary of Stone Mountain, at the place where the Virginia line intersects the lands it; running thence, along the extreme height of the said mountain, to the place where Wataugo river breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright's Road crosses the same; thence along the ridge of said mountain, between the waters of Doe river, and the waters of Rock

ized to execute

ceded.

cession.

as to expen

war. See in

fra, 5th condition, page 79. 2d condition; as to military state grants.

creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of said mountain, to where Nolichucky river runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of the said mountain, to the Painted Rock, on French Broad river; thence along the highest ridge of the said mountain, to the place where it is called the Great Iron, or Smoky Mountain; thence along the extreme height of the said mountain, to the place where it is called Unicoy or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain, to the southern boundary of this state; upon the Conditions of following express conditions, and subject thereto-that is to say: 1st condition; First, That neither the lands nor inhabitants westward of the said mountain shall be estimated, after the cession made by virtue of ses of the late this act shall be accepted, in the ascertaining the proportion of this state with the United States, in the common expense occasioned by the late war. Secondly, That the lands laid off, or directed to be laid off, by any act, or acts, of the general assembly of this state, for the officers and soldiers thereof, their heirs and assigns, respectively, shall be and enure to the use and benefit of the said officers, their heirs and assigns, respectively; and if the bounds of the said lands already prescribed for the officers and soldiers of the continental line of this state, shall not contain a sufficient quantity of lands fit for cultivation, to make good the several provisions intended by law, that such officer or soldier, or his assignee, who shall fall short of his allotment, or proportion, after all the lands fit for cultivation within the said bounds are appropriated, be permitted to take his quota, or such part thereof as may be deficient, in any other part of the said territory intended to be ceded by virtue of this act, not already appropriated. And where entries have been made agreeable to law, and titles under them not perfected by grant or otherwise, then, and in that case, the governor for the time being shall, and he is hereby required to, perfect, from time to time, such titles, in such manner as if this act had never been passed. And that all entries made by, or grants made to, all and every person or persons whatsoever, agreeable to law, and within the limits hereby intended to be ceded to the United States, shall have the same force and effect as if such cession had not been made; and that all and every right of occupancy and pre-emption, and every other right reserved by any act or acts, to persons settled on, and occupying lands within the limits of, the lands hereby intended to be ceded as aforesaid, shall continue to be in full force, in the same manner as if the cession had not been made, and as conditions upon which the said lands are ceded to the United States. And further, it shall be understood, that if any person or persons shall have, by virtue of the act, entitled "An act for opening the land office, for the redemption of specie and other certificates, and discharging the arrears due to the army," passed in the year one thousand seven hundred and eighty-three, made his or their entry in the office usually called John Armstrong's office, and located the same to any spot or piece of ground on which any other person or persons shall have previ

As to perfection of titles.

As to effect of legal entries

and grants.

As to rights of occupancy and pre-emption.

As to locations

on entries

made in John

Armstrong's

office.

« PreviousContinue »