Acts of Congress. the Treasury, and which are of a nature, according to the usage thereof, to require payment in specie, five thousand dollars. All which said sums, amounting together to thirty-four thousand four hundred and ninety-seven dollars and ninety cents, shall and may be paid out of the funds following, any or all of them, namely: the surplusses which may remain of appropriations heretofore made, after satisfying the purposes of such appropriations; moneys which have been paid into the Treasury in consequence of balances which have been found due from individuals, relating to transactions prior to the present Government of the United States; the surplus, not heretofore appropriated, of the duties on imports and tonnage, which accrued to the end of the year one thousand seven hundred and ninety-one. SEC. 2. And be it further enacted, That so much of the aforesaid surplus of the duties on imports and tonnage, which accrued to the end of the year one thousand seven hundred and ninety-one, as may be necessary, shall be and is hereby appropriated, in addition to the provision heretofore made, towards defraying the expenses which shall have been incurred in the execution of the act for raising and adding another regiment to the Military Establishment of the United States, and for making farther provision for the protection of the frontiers, within the limits of the sum of three hundred and twelve thousand six hundred and eighty-six dollars and twenty cents thereby authorized; and towards reimbursing any sums which may have been borrowed, or advances of money which may have been obtained for that purpose. SEC. 3. And be it further enacted, That a sum of fifty thousand dollars, in addition to the provision heretofore made, be appropriated to defray any expense which may be incurred in relation to the intercourse between the United States and foreign nations, to be paid out of any moneys which may be in the Treasury not otherwise appropriated, and to be applied under the direction of the President of the United States, who, if necessary, is authorized to borrow on the credit of the United States the said sum of fifty thousand dollars; an account of the expenditure whereof, as soon as may be, shall be laid before Congress. Approved, May 8, 1792. An Act to provide for a Copper coinage. Be it enacted, &c. That the Director of the Mint, with the approbation of the President of the United States, be authorized to contract for and purchase a quantity of copper, not exceeding one hundred and fifty tons; and that the said Director, as soon as the needful preparations shall be made, cause the copper by him purchased to be coined at the Mint into cents and half cents, pursuant to the "Act establishing a Mint and regulating the Coins of the United States ;" and that the said cents and half cents, as they shall be coined, be paid into the Treasury of the United States, thence to issue into circulation. SEC. 2. And be it further enacted, That, after the expiration of six calendar months from the time when there shall have been paid into the Treasury by the said Director, in cents and half cents, a sum not less than fifty thousand dollars, which time shall forthwith be announced by the Treasurer in at least two gazettes or newspapers, published at the Seat of the Government of the United States for the time being, no copper coins or pieces whatsoever, except the said cents and half cents, shall pass current as money, or shall be paid, or offered to be paid, or received in payment for any debt, demand, claim, matter, or thing whatsoever; and all copper coins or pieces, except the said cents and half cents, which shall be paid or offered to be paid or received in payment contrary to the prohibition aforesaid, shall be forfeited; and every person by whom any of them shall have been so paid, or offered to be paid, or received in payment, shall also forfeit the sum of ten dollars; and the said forfeiture and penalty shall and may be recovered, with costs of suit, for the benefit of any person or persons by whom information of the incurring thereof shall have been given. Approved, May 8, 1792. An Act for regulating processes in the Courts of the United States, and providing compensation for the officers of the said Courts, and for jurors and witnesses. Be it enacted, &c., That all writs and processes issuing from the Supreme or a Circuit Court, shall bear teste of the Chief Justice of the Supreme Court (or if that office shall be vacant) of the Associate Justice next in precedence, and all writs and processes issuing from a District Court shall bear teste of the Judge of such Court (or if that office shall be vacant) of the clerk thereof, which said writs and processes shall be under the seal of the Court from whence they issue, and signed by the clerk thereof. The seals shall be provided at the expense of the United States. SEC. 2. And be it further enacted, That the form of writs, executions, and other process, except their style and the forms and modes of proceeding in suits, in those of Common Law, shall be the same as are now used in the said Courts respectively, in pursuance of the act, entitled "An act to regulate processes in the Courts of the United States;" in those of Equity and in those of Admiralty and Maritime jurisdiction, according to the principles, rules, and usages, which belong to Courts of Equity and to Courts of Admiralty respectively, as contra-distinguished from Courts of Common Law; except so far as may have been provided for by the act to establish the Judicial Courts of the United States, subject, however, to such alterations and additions as the said Courts respectively shall, in their discretion, deem expedient, or to such regulations as the Supreme Court of the United States shall think proper from time to time by rule to prescribe to any Circuit or District Court concerning the same: Provided, That, on judgments in any of the cases aforesaid, where different kinds of executions are issuable in succession, a capias 'ad satisfaciendum being one, the plaintiff shall Acts of Congress. have his election to take out a capias ad satisfaciendum in the first instance. Supreme Courts of the same, and also the like their respective places of abode to the place where the Court is held, and the like allowance for reSEC. 3. And be it further enacted, That, from turning. To witnesses summoned in any of the and after the passing of this act, the fees and com- Courts of the United States the same compensapensations to the several officers and other persons tions in each State respectively as are allowed in hereinafter mentioned, shall be as follows; that is to the Supreme Courts of the same. To the Attorsay: To the Marshals of the several districts of the ney of the United States for the District, such fees United States, for the service of any writ, war-in each State respectively as are allowed in the rant, attachment, or process, in Chancery, on each person named in the same, two dollars; for his travel out in serving each writ, warrant, attachment, or process, aforesaid, five cents per mile, to be computed from the place of service to the Court where the writ or process shall be returned; and if more persons than one are named therein, the travel shall be computed from the Court to the place of service which is most remote, adding thereto the extra travel necessary to serve it on the other: Provided, That the fee for travel, where there is one person named in such writ, warrant, attachment, or process, shall in no case exceed seven dollars; and when there are more than one the fee for extra travel shall not exceed one dollar above seven dollars for each person. For each bail-bond, fifty cents; for selling goods and vessels condemned, and receiving and paying the money, three per cent.; for every commitment or discharge of a prisoner, fifty cents; for summoning witnesses, where he does it, each, thirty cents; for summoning a grand or petit jury, each, three dollars: Provided, That in those States where jurors, by the laws of the State, are drawn by constables or other officers of corporate towns or places by lot, the Marshals shall receive for the use of such constable or officers the fees allowed for summoning juries; for attending the Supreme, Circuit, or District Courts, five dollars per day, and at the rate of ten cents per mile for his expenses and time in traveling from the place of his abode to either of the said Courts; for levying an execution, and for all other services, not herein enumerated, such fees or compensation as are allowed in the Supreme Court of the State where the services shall be rendered. To the clerk of the Supreme Court of the United States, ten dollars per day for his attendance in Court, and for his other services in discharging the duties of his office, double the fees of SEC. 5. And be it further enacted, That, in every the clerk of the Supreme Court of that State in prosecution for any fine or forfeiture incurred unwhich the Supreme Court of the United States der any statutes of the United States, if judgment shall be holden. To the clerk of the District and is rendered against the defendant he shall be subCircuit Courts such fees in each State respective-jest to the payment of costs; and on every conly as are allowed in the Supreme Courts of the same; and five dollars per day for his attendance on any Circuit or District Court, and at the rate of ten cents per mile for his expenses and time in traveling from the place of his abode to either of the said Courts. And in case any clerk of a Court of the United States shall, in discharging the duties of his office, perform any kind of service which is not performed by the clerks of the Courts of the State, and for which the laws of the State make no allowance, the Court in which such service shall be rendered may allow a reasonable compensation therefor. To each grand and petit juror, fifty cents per day for attending in Court, and for traveling at the rate of five cents per every mile from viction for any other offence, not capital, the Court may, in their discretion, award that the defendant shall pay the costs of prosecution. And if any informer or plaintiff, on a penal statute, to whose benefit the penalty, or any part thereof, if recovered is directed by law to accrue, shall discontinue his suit or prosecution, or shall be non-suit in the same, or if, upon trial, a verdict shall pass for the defendant, the Court shall award to the defendant his costs, unless such informer or plaintiff be an officer of the United States, specially authorized to commence such prosecution, and the Court before whom the action or information shall be tried, shall, at the trial in open Court, certify, upon record, that there was reasonable cause for commencing the Acts of Congress. same, in which case no costs shall be adjudged to the defendant. like manner, as if it had been originally commenced in that Court, and shall proceed to hear and determine the same accordingly. SEC. 6. And be it further enacted, That the fees and compensations to the several officers and persons SEC. 12. And be it further enacted, That all the herein before mentioned, other than those which records and proceedings of the Court of Appeals are above directed to be paid out of the Treasury heretofore appointed, previous to the adoption of of the United States, shall be recovered in like the present Constitution, shall be deposited in the manner as the fees of the officers of the States re-office of the Clerk of the Supreme Court of the spectively for like services are recovered. SEC. 7. And be it further enacted, That, if any officer herein before mentioned, or his deputy, shall, by reason or color of his office, wilfully and corruptly demand and receive any greater fees than those allowed by this act, he shall, on conviction thereof in any Court of the United States, forfeit and pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding six months, at the discretion of the Court before whom the conviction shall be. SEC. 8. And be it further enacted, That the act passed at the last session of Congress, entitled "An act to continue in force for a limited time, an act passed at the first session of Congress, entitled 'An act to regulate processes in the Courts of the United States;" and also another act passed at the last session of Congress, entitled "An act providing compensations for the officers of the Judicial Courts of the United States and for jurors and witnesses and for other purposes," be and the same are hereby repealed. SEC. 9. And be it further enacted, That it shall be the duty of the clerk of the Supreme Court of the United States forthwith to transmit to the clerks of the several Circuit Courts the form of a writ of error, to be approved by any two of the Judges of the Supreme Court, and it shall be lawful for the clerks of the said Circuit Courts to issue writs of error agreeably to such forms, as nearly as the case may admit, under the seal of the said Circuit Courts, returnable to the Supreme Court, in the same manner as the clerk of the Supreme Court may issue such writs, in pursuance of the act, entitled "An act to establish the Judicial Courts of the United States." United States, who is hereby authorized and directed to give copies of all such records and proceedings, to any person requiring and paying for the same, in like manner as copies of the records and other proceedings of the said Court are by law directed to be given: which copies shall have like faith and credit as all other proceedings of the said Court. Approved, May 8, 1792. An act more effectually to provide for the National Defence, by establishing an uniform Militia throughout the United States. Be it enacted, &c. That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of the age of eighteen years, and under the age of forty-five years, (except as hereinafter excepted) shall severally, and respectively, be enrolled in the Militia by the Captain or commanding officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this act. And it shall at all times hereafter be the duty of every such Captain or commanding officer of a company, to enrol every such citizen, as aforesaid, and also those who shall, from time to time, arrive at the age of eighteen years, or being of the age of eighteen years and under the age of forty-five years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrolment, by a proper non-commissioned officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall ap pear, so armed, accoutred, and provided, when SEC. 11. And be it further enacted, That, in all called out to exercise or into service, except, that suits and actions in any District Court of the Unit-when called out on company days to exercise only, ed States, in which it shall appear that the Judge of such Court is, any ways, concerned in interest, or has been of counsel, for either party, it shall be the duty of such Judge, on application of either party, to cause the fact to be entered on the minutes of the Court, and also to order an authenticated copy thereof, with all the proceedings in such suit or action, to be forthwith certified to the next Circuit Court of the District, which Circuit Court shall, thereupon, take cognizance thereof, in the SEC. 10. And be it further enacted, That it shall and may be lawful for the clerks of the District and Circuit Courts, in the absence, or in case of the disability, of the Judges, to take recognizances of special bail, de bene esse, in any action depending in either of the said Courts, and also the affidavits of all surveyors relative to their reports, and to administer oaths to all persons identifying papers found on board of vessels or elsewhere, to be used on trials in Admiralty causes. he may appear without a knapsack. That the Acts of Congress. tresses, executions, or sales for debt, or for the pay-proper ordnance and field artillery is provided. ment of taxes. There shall be to each troop of horse, one CapSEC. 2. And be it further enacted, That the tain, two Lieutenants, one Cornet, four Sergeants, Vice President of the United States; the officers, four Corporals, one Sadler, one Farrier, and one Judicial and Executive, of the Government of the Trumpeter. The commissioned officers to furnish United States; the members of both Houses of themselves with good horses of, at least fourteen Congress, and their respective officers; all custom-hands and an half high, and to be armed with a house officers, with their clerks; all post-officers, sword and pair of pistols, the holsters of which to be and stage-drivers, who are employed in the care covered with bearskin caps. Each dragoon to and conveyance of the mail of the Post Office of furnish himself with a serviceable horse, at least the United States; all ferry-men employed at any fourteen hands and an half high, a good saddle, ferry on the Post Roads; all inspectors of ex- bridle, mail-pillion, and valise, holsters, and a ports; all pilots; all mariners actually employed in breast-plate and crupper, a pair of boots and spurs, the sea-service of any citizen or merchant within a pair of pistols, a sabre, and cartridge box to conthe United States; and all persons who now are tain twelve cartridges for pistols. That each comor may hereafter be exempted by the laws of the pany of artillery and troop of horse shall be formrespective States, shall be, and are hereby exempt- ed of volunteers from the brigade, at the discretion ed from Militia duty, notwithstanding their being of the Commander-in-Chief of the State, not exabove the age of eighteen, and under the age of ceeding one company each to a regiment, nor more forty-five years. in number than one-eleventh part of the infantry, and shall be uniformly clothed in regimentals, to be furnished at their own expense; the color and fashion to be determined by the Brigadier commanding the brigade to which they belong. SEC. 5. And be it further enacted, That each battalion and regiment shall be provided with the State and regimental colors by the field officers, and each company with a drum and fife or bugle horn, by the commissioned officers of the company, in such manner as the Legistature of the respective States shall direct. SEC. 3. And be it further enacted, That, within one year after the passing of this act, the Militia of the respective States shall be arranged into divisions, brigades, regiments, battalions, and companies, as the Legislature of each State shall direct; and each division, brigade, and regiment, shall be numbered at the formation thereof; and a record made of such numbers in the Adjutant General's office in the State; and when in the field, or in service in the State, each division, brigade, and regiment shall, respectively, take rank according to their numbers, reckoning the first or lowest SEC. 6. And be it further enacted, That there number highest in rank. That if the same be con- shall be an Adjutant General appointed in each venient, each brigade shall consist of four re- State, whose duty it shall be to distribute all orgiments; each regiment of two battalions; each ders from the Commander-in-Chief of the State battalion of five companies; each company of six- to the several corps; to attend all public reviews, ty-four privates. That the said Militia shall be when the Commander-in-Chief of the State shall officered by the respective States, as follows: To review the Militia, or any part thereof; to obey all each division, one Major General and two Aids- orders from him relative to carrying into execude-Camp, with the rank of Major; to each bri- tion and perfecting the system of military discipgade, one Brigadier General with one Brigade In-line established by this act; to furnish blank forms spector, to serve also as Brigade Major, with the of different returns that may be required, and to rank of a Major; to each regiment, one Lieutenant- explain the principles on which they should be Colonel Commandant; and to each battalion, one made; to receive from the several officers of the Major; to each company, one Captain, one Lieu- different corps throughout the State, returns of the tenant, one Ensign, four Sergeants, four Corporals, Militia under their command, reporting the actual one Drummer, and one Fifer or Bugler. That there situation of their arms, accoutrements, and ammushall be a regimental staff, to consist of one Adju- nition, their delinquencies, and every other thing tant, and one Quartermaster, to rank as Lieute- which relates to the general advancement of good nants; one Paymaster; one Surgeon, and one Sur-order and discipline. All which, the several offigeon's-Mate; one Sergeant-Major; one Drum-cers of the divisions, brigades, regiments, and batMajor, and one Fife-Major. SEC. 4. And be it further enacted, That out of the Militia enrolled, as is herein directed, there shall be formed for each battalion, at least one company of grenadiers, light infantry, or riflemen; and that to each division there shall be, at least, one company of artillery, and one troop of horse. There shall be to each company of artillery, one Captain, two Lieutenants, four Sergeants, four Corporals, six Gunners, six Bombardiers, one Drummer, and one Fifer. The officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge box to contain twelve cartridges; and each private or matross shall furnish himself with all the equipments of a private in the infantry, until talions, are hereby required to make in the usual manner, so that the said Adjutant General may be duly furnished therewith. From all which returns he shall make proper abstracts, and lay the same annually before the Commander-in-Chief of the State. SEC. 7. And be it further enacted, That the rules of discipline approved and established by Congress, in their resolution of the twenty-ninth of March, 1779, shall be the rules of discipline to be observed by the Militia throughout the United States, except such deviations from the said rules, as may be rendered necessary by the requisitions of this act, or by some other unavoidable circumstances. It shall be the duty of the commanding Acts of Congress. officer at every muster, whether by battalion, regiment, or single company, to cause the Militia to be exercised and and trained agreeably to the said rules of discipline. SEC. 8. And be it further enacted, That all commissioned officers shall take rank according to the date of their commissions; and when two of the same grade bear an equal date, then their rank to be determined by lot, to be drawn by them before the commanding officer of the brigade, regiment, battalion, company, or detachment. SEC. 9. And be it further enacted, That 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. SEC. 10. And be it further enacted, That it shall be the duty of the Brigade Inspector to attend the regimental and battalion meetings of the Militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition, and accoutrements; superintend their exercise and manœuvres, and introduce the system of military discipline before described throughout the brigade, agreeably to law, and such orders as they shall, from time to time, receive from the Commander-in-Chief of the State; to make returns to the Adjutant General of the State, at least once in every year, of the Militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrements, and ammunition of the several corps, and every other thing which, in his judgment, may relate to their government and the general advancement of good order and military discipline; and the Adjutant General shall make a return of all the Militia of the State, to the Commander-in-Chief of the said State, and a duplicate of the same to the President of the United States. And whereas sundry corps of artillery, cavalry, and infantry, now exist in several of the said States, which, by the laws, customs, or usages thereof, have not been incorporated with or subject to the general regulations of the Militia— SEC. 11. Be it further enacted, That such corps retain their accustomed privileges, subject, nevertheless, to all other duties required by this act, in like manner with the other Militia. Approved, May 8, 1792. An Act respecting the Government of the Territories of the United States Northwest and South of the River Ohio. Be it enacted, &c., That the laws of the Territory Northwest of the river Ohio, that have been or hereafter may be enacted by the Governor and Judges thereof, shall be printed under the direction of the Secretary of State, and two hundred copies thereof, together with ten sets of the laws of the United States, shall be delivered to the said Governor and Judges, to be distributed among the inhabitants, for their information; and that a like number of the laws of the United States shall be delivered to the Governor and Judges of the Territory Southwest of the river Ohio. SEC. 2. And be it further enacted, That the Governor and Judges of the Territory Northwest of the river Ohio shall be, and hereby are, authorized to repeal their laws by them made, whensoever the same may be found to be improper. SEC. 3. And be it further enacted, That the official duties of the Secretaries of the said Territories shall be under the control of such laws, as are or may be in force in the said Territories. SEC. 4. And be it further enacted, That any one of the Supreme or Superior Judges of the said Territories, in the absence of the other Judges, shall be and hereby is authorized to hold a Court. SEC. 5. And be it further enacted, That the Secretary of State provide proper seals for the several and respective public offices in the said Territories. SEC. 6. And be it further enacted, That the limitation act, passed by the Governor and Judges of the said Territory, the twenty-eighth day of December, one thousand seven hundred and eightyeight, be and hereby is disapproved. SEC. 7. And be it further enacted, That the expenses incurred by John Cleves Symmes and George Turner, two of the Judges of the said Territory, in sending an express, and in purchasing a boat to go the Circuit, in the year one thousand seven hundred and ninety, shall be liquidated by the officers of the Treasury, and paid out of the Treasury of the United States. Approved, May 8, 1792. Resolved, &c., That the Secretary of the Treasury cause to be provided, for the use of the seve ral collectors in the United States, printed clearances, on the back whereof shall be a printed account of the methods which have been found to answer for obtaining fresh, from salt water, and of constructing extempore stills, of such implements as are generally on board of every vessel, with a recommendation, in all cases, where they shall have occasion to resort to this expedient for obtaining water, to publish the result of their trial in some gazette, on their return to the United States, or to communicate it for publication to the office of the Secretary of State, in order that others may, by their success, be encouraged to make similar trials, and be benefited by any improvements, or new ideas, which may occur to them in practice. Approved, May 8, 1792. |