dred dollars, or those of a surveyor, after a like deduction, to more than three thousand dollars, the surplus shall be accounted for, and be paid by them, respectively, to the treasury of the United States: Provided always, that nothing in this act contained shall be construed to extend to fines, forfeitures and penalties, under the revenue laws of the United States. APPROVED, April 30, 1802. CHAP. XXXVIII.—An Act to suspend, in part, the act intituled "An act regu- April 30, 1802. laling foreign coins; and for other purposes." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act, intituled "An act for regulating foreign coins, and for other purposes," as is contained within the second section thereof, be, and the same hereby is suspended, for and during the space of three years, from and after the end of the present session of Congress. APPROVED, April 30, 1802. CHAP. XXXIX.-An Act to revive and continue in force, an act intituled “An act for establishing trading houses with the Indian tribes." [Obsolete.] Part of the act for regulating foreign coins, &c. Act of August 4, 1790, ch. 35. sec. 40. Act of Feb. 9, 1793, ch. 5. Act of April 10, 1806, ch. 22. STATUTE I. April 30, 1802. [Expired.] A former act tinued in force. Act of April 18, 1796, ch. 13. 1803, ch. 14. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act, intituled "An revived and conact for establishing trading houses with the Indian tribes," approved on the eighteenth of April, one thousand seven hundred and ninety-six, shall be, and the same is hereby revived and continued in force, until the fourth day of March next, and no longer. APPROVED, April 30, 1802. CHAP. XL.- -An Act to enable the people of the Eastern division of the territory northwest of the river Ohio to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original States, and for other purposes. 1793, ch.42 tants of the eastern division of the territory west of the Ohio to form a con The inhabi stitution and become a state. Act of March Boundaries thereof. Act of Feb ruary 19, 1803, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of the eastern division of the territory northwest of the river Ohio, be, and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as they shall deem proper, and the said state, when formed, shall be admitted into the Union, upon the same footing with the original states, in all respects whatever. SEC. 2. And be it further enacted, That the said state shall consist 3, 1803, ch. 21. of all the territory included within the following boundaries, to wit: bounded on the east by the Pennsylvania line, on the south by the Ohio river, to the mouth of the Great Miami river, on the west by the line drawn due north from the mouth of the Great Miami, aforesaid, and on the north by an east and west line, drawn through the southerly extreme of Lake Michigan, running east after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line, aforesaid: Provided, that Congress shall be at liberty at any time hereafter, either to attach all the territory lying east of the line to be drawn due north from the mouth of the Miami, aforesaid, to the territorial line, and north of an east and west line drawn through the southerly extreme of Lake Michigan, running east as aforesaid to Lake Erie, to the aforesaid state, or dispose of it otherwise, in conformity to the fifth article of compact between the ch. 7. Act of July 14, 1832, ch. 240. Act of June 15, 1836, ch. 98. Territory east thereof at the disposal of Con. gress. 1803, ch. 5. What part of territory attach ed to Indiana. Qualifications of electors for choosing a convention. Election districts. Convention to meet at Chilicothe in Novem ber, 1802. original states, and the people and states to be formed in the territory northwest of the river Ohio. SEC. 3. And be it further enacted, That all that part of the territory of the United States, northwest of the river Ohio, heretofore included in the eastern division of said territory, and not included within the boundary herein prescribed for the said state, is hereby attached to, and made a part of the Indiana territory, from and after the formation of the said state, subject nevertheless to be hereafter disposed of by Congress, according to the right reserved in the fifth article of the ordinance aforesaid, and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects whatever, with all other citizens residing within the Indiana territory. SEC. 4. And be it further enacted, That all male citizens of the United States, who shall have arrived at full age, and resided within the said territory at least one year previous to the day of election, and shall have paid a territorial or county tax, and all persons having in other respects, the legal qualifications to vote for representatives in the general assembly of the territory, be, and they are hereby authorized to choose representatives to form a convention, who shall be apportioned amongst the several counties within the eastern division aforesaid, in a ratio of one representative to every twelve hundred inhabitants of each county, according to the enumeration taken under the authority of the United States, as near as may be, that is to say: from the county of Trumbull, two representatives; from the county of Jefferson, seven representatives, two of the seven to be elected within what is now known by the county of Belmont, taken from Jefferson and Washington counties; from the county of Washington, four representatives; from the county of Ross, seven representatives, two of the seven to be elected in what is now known by Fairfield county, taken from Ross and Washington counties; from the county of Adams, three representatives; from the county of Hamilton, twelve representatives, two of the twelve to be elected in what is now known by Clermont county, taken entirely from Hamilton county; and the elections for the representatives aforesaid, shall take place on the second Tuesday of October next, the time fixed by a law of the territory, intituled "An act to ascertain the number of free male inhabitants of the age of twenty-one, in the territory of the United States northwest of the river Ohio, and to regulate the elections of representatives for the same," for electing representatives to the general assembly, and shall be held and conducted in the same manner as is provided by the aforesaid act, except that the qualifications of electors shall be as herein specified. SEC. 5. And be it further enacted, That the members of the convention, thus duly elected, be, and they are hereby authorized to meet at Chilicothe on the first Monday in November next; which convention, when met, shall first determine by a majority of the whole number elected, whether it be or be not expedient at that time to form a constitution and state government for the people, within the said territory, and if it be determined to be expedient, the convention shall be, and hereby are authorized to form a constitution and state government, or if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said representatives shall be chosen in such manner, and in such proportion, and shall meet at such time and place, as shall be prescribed by the said ordinance; and shall form for the people of the said state, a constitution and state government; provided the must be repub- same shall be republican, and not repugnant to the ordinance of the thirteenth of July, one thousand seven hundred and eighty-seven, between the original states and the people and states of the territory northwest of the river Ohio. Constitution lican. SEC. 6. And be it further enacted, That until the next general census shall be taken, the said state shall be entitled to one representative in the House of Representatives of the United States. SEC. 7. And be it further enacted, That the following propositions be, and the same are hereby offered to the convention of the eastern state of the said territory, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. First, That the section, number sixteen, in every township, and where such section has been sold, granted or disposed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township, for the use of schools. Second, That the six miles reservation, including the salt springs, commonly called the Scioto salt springs, the salt springs near the Muskingum river, and in the military tract, with the sections of land which include the same, shall be granted to the said state for the use of the people thereof, the same to be used under such terms and conditions and regulations as the legislature of the said state shall direct: Provided, the said legislature shall never sell nor lease the same for a longer period than ten years. Third, That one twentieth part of the nett proceeds of the lands lying within the said state sold by Congress, from and after the thirtieth day of June next, after deducting all expenses incident to the same, shall be applied to the laying out and making public roads, leading from the navigable waters emptying into the Atlantic, to the Ohio, to the said state, and through the same, such roads to be laid out under the authority of Congress, with the consent of the several states through which the road shall pass: Provided always, that the three foregoing propositions herein offered, are on the conditions that the convention of the said state shall provide, by an ordinance irrevocable, without the consent of the United States, that every and each tract of land sold by Congress, from and after the thirtieth day of June next, shall be and remain exempt from any tax laid by order or under authority of the state, whether for state, county, township or any other purpose whatever, for the term of five years from and after the day of sale. APPROVED, April 30, 1802. CHAP. XLI.-An Act to abolish the Board of Commissioners in the City of Washington; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first day of June next, the offices of the commissioners appointed in virtue of an act passed on the sixteenth day of July in the year seventeen hundred and ninety, intituled "An act to establish the temporary and permanent seat of the government of the United States," shall cease and determine; and the said commissioners shall deliver up unto such person as the President shall appoint, in virtue of this act, all plans, draughts, books, records, accounts, deeds, grants, contracts, bonds, obligations, securities, and other evidences of debt in their possession which relate to the city of Washington, and the affairs heretofore under their superintendence or care. SEC. 2. And be it further enacted, That the affairs of the city of Washington, which have heretofore been under the care and superintendence of the said commissioners, shall hereafter be under the direction of a superintendent, to be appointed by, and to be under the control of the President of the United States; and the said superintendent is hereby invested with all powers, and shall hereafter perform all duties To have one representative in Congress till next census. Propositions offered to the convention. 1811, ch. 9. STATUTE I. May 1, 1802. Commission to cease on first of June, 1802. Act of July 16, 1790, ch. 28. To transfer re cords to a superintendent. A superintendent to be appointed by the President. ers. Powers same which the said commissioners are now vested with, or are required to as commission- perform by, or in virtue of any act of Congress, or any act of the general assembly of Maryland, or any deed or deeds of trust from the original proprietors of the lots in the said city, or in any other manner whatso 1803, ch. 29. Commissioners shall settle accounts immediately. Superintendent to pay all obligations contracted by his predecessor. Lots shall be sold to pay debt to Maryland. In default of sale, the debt to be paid from public treasury. Lots to be resold which had not been paid for. The amount of sales to be applied to the payment of a sum due to Maryland. Provision in case of a deficiency. After debts already contracted are discharged monies advanced out of the treasury to be reimbursed by superintendent. Part of a former act relating to the appointment of a board of commissioners repealed. Books of sub ever. SEC. 3. And be it further enacted, That the said commissioners shall forthwith settle with the accounting officers of the treasury their accounts for all monies received and expended by them in their capacity as commissioners, and shall immediately thereafter pay to the said superintendent any balance which may be found against them upon such settlement. pay SEC. 4. And be it further enacted, That the said superintendent shall all the debts heretofore contracted by the commissioners in their capacity as such, the payments of which are not herein after specially provided for, out of any monies received by him arising out of the city funds. SEC. 5. And be it further enacted, That the said superintendent shall, under the direction of the President of the United States, sell so many of those lots in the city of Washington which are pledged for the repayment of a loan of two hundred thousand dollars, made by the state of Maryland, in the years one thousand seven hundred and ninety-six and one thousand seven hundred and ninety-seven, to the commissioners for the use of the said city, as may be sufficient to pay the interest already accrued on the said loan, and the interest and instalments thereof, as they may respectively become due: Provided, that if in the opinion of the President of the United States, the sale of a sufficient number of the said lots, to meet the objects aforesaid, cannot be made without an unwarrantable sacrifice of the property, then so much money as may be necessary to provide for the deficiency is hereby appropriated and shall be paid out of any money in the treasury of the United States not otherwise appropriated. SEC. 6. And be it further enacted, That the said superintendent shall, prior to the first day of November next, sell, under the directions of the President of the United States, all the lots in the said city, which were sold antecedent to the sixth day of May, in the year one thousand seven hundred and ninety-six, and which the said commissioners are authorized by law to re-sell, in consequence of a failure on the part of the purchasers, to comply with their contracts; and the monies arising thereupon shall be applied, on or before the first day of November next, to the payment of the sum of fifty thousand dollars and the interest thereon to the state of Maryland, which said sum was formerly loaned by the said state to the commissioners for the use of the city of Washington: Provided, that if a sufficient sum to meet the objects last aforesaid, shall not be produced by the sale of the whole of the lots aforesaid, then so much money as may be necessary to provide for the deficiency is hereby appropriated, and shall be paid out of any money in the treasury of the United States, not otherwise appropriated. SEC. 7. And be it further enacted, That after the debts already contracted by the commissioners shall have been discharged, all monies advanced out of the treasury in pursuance of this act, shall be reimbursed by the said superintendent, by paying into the treasury all monies arising from the city funds, until the whole sum advanced, with the interest thereon, shall be repaid. SEC. 8. And be it further enacted, That so much of the act, intituled "An act to establish the temporary and permanent seat of government of the United States," passed on the sixteenth day of July, in the year seventeen hundred and ninety, as relates to the appointment of commissioners shall be, and the same is hereby repealed. SEC. 9. And be it further enacted, That it shall and may be lawful scription to be to open books in the city of Washington, for receiving and entering subscriptions for opening the canal to communicate from the Potomac river to the Eastern Branch thereof, through a part of the city of Washington, under the management of Thomas Tingey, Daniel Carroll of Duddington, Thomas Law, and Daniel Carroll Brent, which subscriptions shall be made personally, or by power of attorney; the said books shall be opened for receiving subscriptions, and continue open until the sum of eighty thousand dollars shall be filled up, in shares of one hundred dollars each; and that each person shall, at the time of subscribing, pay down ten dollars, being one tenth of each share; and after fourteen days previous notice, by advertisement, there shall be a meeting of the subscribers, and they are hereby declared to be incorporated into a company, by the name of the "Washington Canal Company," and may sue and be sued, as such, and make all necessary by-laws and regulations for the proper management of the business thereof. And such of the subscribers as shall be present at the said meeting, or a majority of them, are hereby impowered and required to elect a president and four directors for conducting the said undertaking, and managing the said company's business for, and during such time not exceeding three years, as the said subscribers, or a majority of them, shall think fit. Each member shall be allowed one vote for every share, by him or her held at the time in the said company, and any proprietor by a writing under his or her hand, executed in presence of two witnesses, may depute any other member or proprietor to vote and act as proxy for him or her, at any general meeting. SEC. 10. And be it further enacted, That the shares in said company shall be deemed personal, and not real property, and transferable in such manner as the company shall direct. Powers of the directors when elected. SEC. 11. And be it further enacted, That the president and directors so elected, and their successors, or a majority of them, shall have full president and power and authority to agree with any person or persons, on behalf of the said company, to cut such canals, erect such locks, and perform such other works as they shall judge necessary for opening the canal aforesaid, and the forks thereof;-and out of the monies arising from the subscriptions, wharfage and tolls, to pay for the same, and to repair and improve the said canal, locks, and other works necessary thereto, and to defray all incidental charges, and also to appoint a treasurer, clerk, and such other officers, toll gatherers, managers and servants, as they shall judge requisite, and to settle their respective wages. SEC. 12. And be it further enacted, That the treasurer of the company shall give bond, with such penalty and such security as the said president and directors, or a majority of them, shall direct.' Treasurer to give bonds with security. President and directors may call upon the proprietors for payments on their shares. SEC. 13. And be it further enacted, That the said president and directors, so elected, and their successors, or a majority of them assembled, shall have full power and authority to demand and receive of the proprietors, the remaining nine tenths of the shares, from time to time, as they may be required, by previous advertisement at least one month in the Washington, Georgetown, and Alexandria gazettes; and if any of the said proprietors shall refuse or neglect to pay their proportions within one month after the same so ordered and advertised, as aforesaid, feit their shares. the said shares of defaulters shall be forfeited. SEC. 14. And be it further enacted, That the said president and directors, so elected, and their successors, or a majority of them, shall not begin to collect wharfage or tolls, until the canal is made practicable for boats and scows to pass through the same from the Potomac to the Eastern Branch. SEC. 15. And be it further enacted, That every president and director, before he acts as such, shall take an oath or affirmation for the faithful discharge of his office. SEC. 16. And be it further enacted, That there shall be a general Defaulters for When wharf age and tolls are made de mandable. Oath of office to be taken by the president and directors. |