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Act of May 23, 1828, ch. 70.

Luigi Persico.

Custom-house, &c. Portland.

Miscellaneous

claims.

Diplomatic salaries and out

fits;

ment of private land claims in Florida, dated twenty-third of May, one thousand eight hundred and twenty-eight, including contingencies, two

thousand five hundred dollars.

For the second payment to Luigi Persico, for statues for the capitol, four thousand dollars.

For finishing the custom-house and warehouse at Portland, Maine, and for repairing the wharf and clearing out the dock belonging to the same, two thousand one hundred dollars.

For the discharge of such miscellaneous claims against the United States, not otherwise provided for, as shall be ascertained and admitted in due course of settlement at the treasury, twelve thousand dollars.

For the salaries of the ministers of the United States to Great Britain, France, Spain, Russia, the Netherlands, and Colombia; for outfits of ministers of the United [States] to Great Britain, France, Spain, and Colombia, and a chargé d'affaires to Mexico; for outfits for chargé d'affaires to Sweden, Peru, and Guatemala; for the salaries of the chargé des affaires of the United States to Portugal, Denmark, Sweden, Brazil, Buenos Ayres, Peru, Chili, Mexico, and Guatemala; for the salaries of and contingent the secretaries of legation; and for the contingent expenses of all the missions abroad, one hundred and eighty-four thousand five hundred dollars.

expenses.

Agents for claims.

Barbary inter

course.

Relief, &c., Amer. seamen. Contingent expenses. Surveying, &c. N. E. boundary.

Fifth census.

For the salaries of the agents for claims at London and Paris, four thousand dollars.

For the expenses of intercourse with the Barbary powers, thirty thousand dollars.

For the relief and protection of American seamen in foreign countries, fifteen thousand dollars.

For the contingent expenses of foreign intercourse, thirty thousand dollars.

For surveying, printing, clerk hire, and other expenses, in relation to the north-eastern boundary agency, five thousand four hundred dollars.

For discharging the expense of taking the fifth enumeration of the inhabitants of the United States, two hundred and fifty thousand dollars, in addition to the sum of three hundred and fifty thousand dollars, appro1829, ch. 24. priated for that purpose by the act of March second, one thousand eight hundred and twenty-nine.

Publishing foreign correspondence of old Congress.

For enabling the Secretary of State to execute a contract with Jared Sparks, of Boston, made by Henry Clay, late Secretary of State, for printing and publishing the foreign correspondence of the Congress of the United States, from the first meeting thereof to the ratification of the definitive treaty of peace, in one thousand seven hundred and eightythree, thirty-one thousand three hundred dollars.

APPROVED, March 18, 1830.

STATUTE I.

March 23, 1830. CHAP. XXXV.—An Act for the further regulation of vessels bound up James

Vessels bound

up James river exempted from stopping in

HamptonRoads.

Master revc

nuc cutter to board all such vessels, &c.

river, in the state of Virginia.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the passage of this act, it shall not be necessary for any vessel bound up James river, in the state of Virginia, to stop in Hampton Roads, to deposit a manifest with the collector at Norfolk.

SEC. 2. And be it further enacted, That it shall be the duty of the master of the revenue cutter on that station, under the orders of the Sec retary of the Treasury, to board all such vessels, to endorse their manifests, and to place an officer on board of each vessel bound up James river, having a cargo from a foreign port.

SEC. 3. And be it further enacted, That whenever there shall be no

revenue cutter on that station for the purpose of boarding vessels, or when the state of the weather may be such as to render it impracticable to send an officer on board any vessel bound up James river, having a cargo from a foreign port, the captain is hereby authorized and directed to deposit, with the surveyor at Hampton, a copy of the manifest of the cargo on board said vessel.

APPROVED, March 23, 1830.

In certain

cases,captain of vessel may deposit copy of manifest with surveyor at Hampton.

STATUTE I.

CHAP. XXXVI.—An Act to continue in force "An act authorizing certain soldiers March 23, 1830. in the late war to surrender the bounty lands drawn by them, and to locate others in lieu thereof," and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the act of the twentysecond of May, one thousand eight hundred and twenty-six, entitled "An act authorizing certain soldiers in the late war to surrender the bounty lands drawn by them, and to locate others in lieu thereof," be, and the same is hereby, continued in force for the term of five years. And the provisions of the above recited act shall be, and are hereby, extended to those having like claims in the states of Illinois and Missouri. APPROVED, March 23, 1830.

Act of May 22,1826,ch.147,

authorizing, &c. continued for 5 years, and its tended to, &c. provisions

ex

STATUTE I.

CHAP. XL. An Act to provide for taking the fifth census or enumeration of March 23, 1830. the inhabitants of the United States. (a)

Marshals of United States to cause inhabit

ants to be enumerated, &c.

Act of Feb. 3, 1831, ch. 17. Act of May 5, 1832, ch. 74,

sec. 2.
Act of May 22,
1832, ch. 91.

All free white

persons enume

rated to be class

ed according to sex and age.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the marshals of the several districts of the United States, and of the District of Columbia, and of the territories of Michigan, Arkansas, and of Florida, respectively, shall be, and are hereby, required, under the direction of the Secretary of the Department of State, and according to such instructions as he shall give, pursuant to this act, to cause the number of the inhabitants within their respective districts and territories, (omitting, in such enumeration, Indians not taxed,) to be taken according to the directions of this act. The said enumeration shall distinguish the sexes of all free white persons, and ages of the free white males and females, respectively, under five years of age; those of five and under ten years of age; those of ten years and under fifteen; those of fifteen and under twenty; those of twenty and under thirty; those of thirty and under forty: those of forty and under fifty; those of fifty and under sixty; those of sixty and under seventy; those of seventy and under eighty: those of eighty and under ninety: those of ninety and under one hundred; those of one hundred and upwards; and shall further distinguish the number of those free white persons included in such enumeration, who are deaf and to state number dumb, under the age of fourteen years; and those of the age of fourteen years and under twenty-five, and of the age of twenty-five years and upwards; and shall further distinguish the number of those free white persons included in such enumeration, who are blind. The said enumeration shall distinguish the sexes of all free coloured persons, and of all other coloured persons bound to service for life, or for a term of and the ages of such free and other coloured persons, respectively, of each sex, under ten years of age; those of ten and under twenty-four; those of twenty-four and under thirty-six; those of thirty-six and under fifty-five; those of fifty-five and under one hundred; and those of one

years,

Enumeration

of deaf and dumb between certain

ages.

Also, number of blind.

All coloured

persons enume

rated to be classed according to sex and age.

(a) See notes of the acts providing for the enumeration of the inhabitants of the United States, vol. .. P. 101.

of deaf and

dumb, and of blind.

Marshals to appoint assistants, &c.

Assistants to

be residents, &c.

Portion of ter-. ritory assigned to each not to exceed, &c.;

to be distinctly defined.

Enumeration

to be made by actual inquiry, &c.

Marshals, &c., to take oath, &c.

Oath or affirmation of marshal;

Enumeration hundred and upwards; and shall further distinguish the number of those to state number free coloured and other coloured persons, included in the foregoing, who are deaf and dumb, without regard to age, and those who are blind. For effecting which, the marshals aforesaid shall have power, and are hereby required, to appoint one or more assistants in each city and county in their respective districts and territories, residents of such city or county for which they shall be appointed, and shall assign to each of the said assistants a certain division of territory, which division shall not consist, in any case, of more than one county, but may include one or more towns, townships, wards, hundreds, precincts, or parishes, and shall be plainly and distinctly bounded; the said enumeration shall be made by an actual inquiry by such marshals or assistants, at every dwelling-house, or by personal inquiry of the head of every family. The marshals and their assistants shall respectively, before entering on the performance of their duty under this act, take and subscribe an oath or affirmation, before some judge or justice of the peace, resident within their respective districts or territories, for the faithful performance of their duties. The oath or affirmation of the marshal shall be as follows: "I, A. B., marshal of the district (or territory) of , do solemnly swear, (or affirm,) that I will truly and faithfully cause to be made, a full and perfect enumeration and description of all persons resident within my district, (or territory,) and return the same to the Secretary of State, agreeably to the directions of an act of Congress, entitled 'An act to provide for taking the fifth census, or enumeration of the inhabitants of the United Of assistants. States,' according to the best of my ability." The oath or affirmation of an assistant shall be as follows: "I, A. B., appointed an assistant to the marshal of the district (or territory) of do solemnly swear, (or affirm,) that I will make a just, faithful, and perfect enumeration and description of all persons, resident within the division assigned to me for that purpose, by the marshal of the district, (or territory,) of , and make due return thereof to the said marshal, agreeably to the directions of an act of Congress, entitled 'An act to provide for the taking the fifth census or enumeration of the inhabitants of the United States,' according to the best of my ability, and that I will take the said enumeration and description, by actual inquiry at every dwelling-house within said division, or personal inquiry of the head of every family, and not otherwise." The enumeration shall commence on the first day in June, in the year one thousand eight hundred and thirty, and shall be completed and closed within six calendar months thereafter; the several assistants shall, within the said six months, and on or before the first day of December, one thousand eight hundred and thirty, deliver to the marshals, by whom they shall be appointed, respectively, two copies of the accurate returns of all persons, except Indians not taxed, to be enumerated, as aforesaid, within their respective divisions; which returns shall be made in a schedule, the form of which is annexed to this act, and which shall distinguish, in each county, city, town, township, ward, precinct, hundred, district, or parish, according to the civil divisions of the states or territories, respectively, the several families, by the name of their master, mistress, steward, overseer, or other principal persons therein.

Enumeration

to commence

June 1st, 1830.
Close within

six months.

Assistants on or before Dec.

1, 1830, to deliver two copies of returns, &c. Returns to be

made in certain form, &c.

Penalty on assistants, for failing, &c.

Marshals

returns, &c.

to

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SEC. 2. And be it further enacted, That every assistant failing or neglecting to make a proper return, or making a false return, of the enumeration, to the marshal, within the time limited by this act, shall forfeit the sum of two hundred dollars, recoverable in the manner pointed out in the next section of this act.

SEC. 3. And be it further enacted, That the marshal shall file one copy file one copy of of each of the several returns aforesaid, and, also, an attested copy of the aggregate amount hereinafter directed, to be transmitted by them respectively, to the Secretary of State, with the clerks of their respective district or superior courts, as the case may be, who are hereby directed

with the clerks

of district or superior courts.

to receive, and carefully to preserve, the same: and the marshals, respectively, shall, on or before the first day of February, in the year one thousand eight hundred and thirty-one, transmit to the Secretary of State, one copy of the several returns received from each assistant, and, also, the aggregate amount of each description of persons within their respective districts or territories; and every marshal failing to file the returns of his assistants, or the returns of any of them, with the clerks of the respective courts, as aforesaid, or failing to return one copy of the several returns received from each assistant, and, also, the aggregate amount of each description of persons, in their respective districts or territories, as required by this act, and as the same shall appear from said returns, to the Secretary of State, within the time limited by this act, shall, for every such offence, forfeit the sum of one thousand dollars; which forfeiture shall be recoverable in the courts of the districts or territories where the said offences shall be committed, or within the circuit courts held within the same, by action of debt, information, or indictment; the one half thereof to the use of the United States, and the other half to the informer; but, where the prosecution shall be first instituted on behalf of the United States, the whole shall accrue to their use; and, for the more effectual discovery of such offences, the judges of the several district courts, in the several districts, and of the Supreme Courts in the territories of the United States, as aforesaid, at their next session, to be held after the expiration of the time allowed for making the returns of the enumeration, hereby directed, to the Secretary of State, shall give this act in charge to the grand juries, in their respective courts, and shall cause the returns of the several assistants, and the said attested copy of the aggregate amount, to be laid before them for their inspection. And the respective clerks of the said courts shall, within thirty days after the said original returns shall have been laid before the grand juries aforesaid, transmit and deliver all such original returns, so filed, to the Department of State.

every

SEC. 4. And be it further enacted, That every assistant shall receive at the rate of one dollar and twenty-five cents for hundred persons by him returned, where such persons reside in the country; and, where such persons reside in a city or town, containing more than three thousand persons, such assistant shall receive at the same rate for three thousand, and at the rate of one dollar and twenty-five cents for every three hundred persons over three thousand, residing in such city or town; but where, from the dispersed situation of the inhabitants, in some divisions, one dollar and twenty-five cents will not be sufficient for one hundred persons, the marshals, with the approbation of the judges of their respective districts or territories, 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 and seventy-five cents for every fifty persons by them returned: Provided, further, That, before any assistant, as aforesaid, shall, in any case, be entitled to receive said compensation, he shall take and subscribe the following oath or affirmation, before some judge or jus tice of the peace, authorized to administer the same, to wit: "I, A. B., do solemnly swear (or affirm) that the number of persons set forth in the return made by me, agreeably to the provisions of the act, entitled 'An act to provide for taking the fifth census or enumeration of the inhabitants of the United States,' have been ascertained by an actual inquiry at every dwelling-house, or a personal inquiry of the head of every family, in exact conformity with the provisions of said act; and that I have, in every respect, fulfilled the duties required of me by said act, to the best of my abilities; and that the return aforesaid is correct and true, according to the best of my knowledge and belief." The compensation of the several marshals shall be as follows:

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Compensation of marshals.

Mode of re

descriptions of persons.

The marshal of the district of Maine, three hundred dollars.
The marshal of the district of New Hampshire, three hundred dollars.
The marshal of the district of Massachusetts, three hundred and fifty
dollars.

The marshal of the district of Rhode Island, two hundred dollars.
The marshal of the district of Vermont, three hundred dollars.
The marshal of the district of Connecticut, two hundred and fifty
dollars.

The marshal of the southern district of New York, three hundred dollars.

The marshal of the northern district of New York, three hundred dollars.

The marshal of the district of New Jersey, two hundred and fifty dollars.

The marshal of the eastern district of Pennsylvania, three hundred dollars.

The marshal of the western district of Pennsylvania, three hundred dollars.

The marshal of the district of Delaware, one hundred and fifty dollars. The marshal of the district of Maryland, three hundred and fifty dollars.

The marshal of the eastern district of Virginia, three hundred dollars. The marshal of the western district of Virginia, three hundred dollars. The marshal of the district of Kentucky, three 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 and fifty dollars.

The marshal of the district of Georgia, three hundred and fifty dollars.
The marshal of the district of east Tennessee, two hundred dollars.
The marshal of the district of west Tennessee, two hundred dollars.
The marshal of the district of Ohio, four hundred dollars.
The marshal of the district of Indiana, two hundred and fifty dollars.
The marshal of the district of Illinois, two hundred dollars.
The marshal of the district of Mississippi, two hundred dollars.
The marshals of the districts of Louisiana, one hundred and twenty-
five dollars each.

The marshal of the district of Alabama, two hundred and fifty dollars.
The marshal of the district of Missouri, two hundred dollars.
The marshal of the district of Columbia, one hundred dollars.
The marshal of the Michigan Territory, one hundred and fifty dollars.
The marshal of the Arkansas Territory, one hundred and fifty dollars.
The marshals of the territory of Florida, respectively, one hundred
dollars.

SEC. 5. And be it further enacted, That every person whose usual turning certain place of abode shall be in any family, on the said first day in June, one thousand eight hundred and thirty, shall be returned as of such family; and the name of every person who shall be an inhabitant of any district or territory, without a settled place of residence, shall be inserted in the column of the schedule which is allotted for the heads of families, in the division where he or she shall be, on the said first day in June; and every person occasionally absent at the time of enumeration, as belonging to the place in which he or she usually resides in the United States. Every free perSEC. 6. And be it further enacted, That each and every free person, son over sixteen to render more than sixteen years of age, whether heads of families or not, belonging to any family within any division, district or territory, made or es true statement tablished within the United States, shall be, and hereby is, obliged to render to the assistant of the division, if required, a true account, to the

to

assistant a

of, &c.

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