« ΠροηγούμενηΣυνέχεια »
forth and armed as a vessel of war, before such capture or afterwards, and before the re-taking thereof as aforesaid, the former owner or owners, on the restoration thereof, shall be adjudged to pay for and in lieu of salvage, one moiety of the true value of such vessel of war, or privateer.
74. Sect. II. When any vessel or goods, which shall hereafter be taken as prize, by any vessel acting under authority from the government of the united states, shall appear to have before belonged to the united states and to have been taken by an enemy of the united states, or under authority, or pretence of authority from any prince, governmentor state, against which the united states have authorized, or shall authorize defence or reprisals, such public vessel not having been condemned as prize by competent authority before the re-capture thereof, the same shall be restored to the united states. And for and in lieu of salvage, there shall be paid from the treasury of the united states, pursuant to the final decree which shall be made in such case by any court of the united states, having competent jurisdiction thereof, to the parties who shall be thereby entitled to receive the same, for the re-capture as aforesaid, of an unarmed vessel, or any goods therein, one sixth part of the true value thereof, when made by a private vessel of the united states, and one twelfth part of such value when the recapture shall be made by a public armed vessel of the united states; and for the re-capture as aforesaid of a public armed vessel, or any goods therein, one moiety of the true value thereof, when made by a private vessel of the united states, and one fourth part of such value, when such re-capture shall be made by a public armed vessel of the united states.
75. Sect. III. When any vessel or goods which shall be taken as prize, as aforesaid, shall appear to have before belonged to any person or persons permanently resident within the territory, and under the protection of any foreign prince, government or state, in amity with the united states, and to have been taken by an enemy of the united states, or by authority, or pretence of authority from any prince, government or state, against which the united states have authorized, or shall authorize, defence or reprisals, then such vessel or goods shall be adjudged to be restored to the former owner, or owners thereof, he or they paying for and in lieu of salvage, such proportion of the true value of the vessel or goods so to be restored, as by the law or usage of such prince, goverament or state, within whose territory such former owner or owners shall be so resident, shall be required, on the restoration of any vessel or goods of a citizen of the united states, under like circumstances of re-capture, made by the authority of such foreign prince, government or state ; and where no such law or usage shall be known, the same salvage shall be allowed as is provided by the first section of ihis ac: Provided, That no such vessel or goods shall be adjudged to be restored to such former owner or owners, in any case where the same shall have been, before the re-capture thereof, condemned as prize by competent authority, nor in any case where by the law or usage of the prince, government, or state, within whose territory such former owuer or owners shall be resident as aforesaid, the vessel os goods of a citizen of the united states, under like circumstances of recapture, would not be restored to such citizen of the united states : Provided also, That nothing herein shall be construed to contravene or alter the terms of restoration in cases of re-capture, which are or shall be agreed on in any treaty between the united states, and any foreign prince, government or state.
76. Sect. IV. All sums of money which may be paid for salvage, as aforesaid, when accruing to any public armed vessel, shall be divided to and among the commanders, officers and crew thereof, in such proportions as are or may be provided by law, respecting the distribution of prize money : And when accruing to any private armed vessel, shall be distributed to and among the owners and company concerned in such re-capture according to their agreements, if any such there be ; and in case there be no such agreement, then to and among such persons, and in such proportions, as the court having jurisdiction thereof shall appoint.
77. Sect. V. Such parts of any acts of congress of the united states, as respect the salvage to be allowed in cases of re-capture, shall be, and are hereby repealed, except as to cases of re-capture made before the passing of this act.
[See Army 23. Crimes 40, 41, 46. Duties, collection of. Fisheries. Foreign Nations 3, 7, 8. Seamen. Slave Trade.]
Forfeiture of this, & co concerned in flave | Penalty on ferring in such vessels trade
United paies' vessels, to seize, &c. Penalty on aiding or abetting, &c. + 2 Difiri&i and circuit court to have jurisdicWhen owners of vejels shall give bond, &c. 31 tion Forfeiture on contravening this a&t
4 Construction Penalty or having an interest in vefsels, &c. 5 | Diftribution of penalties
ACT of March 22, 1794. (Vol. III. p. 22.) I. Sect. I. No citizen or citizens of the united states, or foreigner, or any other person coming into, or residing within the same, shall, for himself or any other person whatsoever, either as master, faclor or owner, build, fit, equip, load or otherwise prepare any ship or vessel, within any port or place of the said united states, nor shall cause any ship or vessel to sail from any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreigu country ; or for the purpose of procuring, from any foreign kingdom, place, or country, the inhabitants of such kingdom, place or country, to be transported to any foreign country, port or place whatever, to be sold or disposed of, as slaves: And if any ship or vessel shall be so fitted oui, as aforesaid, for the said purposes, or shall be caused to sail, so as aforesaid, every such ship or vessel, her tackle, furniture, apparel and other appurtenances, shall be forfeited to the united states; and
shall be liable to be seized, prosecuted and condemned, in any of the circuit courts or district court for the district, where the said ship or vessel may be found and seized.
2. Sect. II. All and every person, so building, fitting out, equipping, loading, or otherwise preparing, or sending away, any ship or vessel, knowing, or intending, that the same shall be employed in such trade or business, contrary to the true intent and meaning of this aet, or any ways aiding or abetting therein, shall severally forfeit and pay the sum of two thousand dollars, one moiety thereof to the use of the united states, and the other moiety thereof to the use of him or her who shall sue for and prosecute the same.
2. SECT. III. The owner, master, or factor of each and every foreign ship or vessel, clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the slave trade, and the suspicion being declared to the officer of the customs, by any citizen, on oath or affirmation, and such information being to the satisfaction of the said ofii. cer, shall first give bond with sufficient sureties, to the treasurer of the united states, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said ship or vessel, to be transported, or sold as slaves, in any other foreign port or place whatever, within nine months thereafter.
4. Sect. IV. If any citizen or citizens of the united states shall, contrary to the true intent and meaning of this act, take on board, receive or transport any such persons, as above described in this act, for the purpose of selling them as slaves, as aforesaid, he or they shall forseit and pay, for each and every person so received on board, transported, or sold as aforesaid, the sum of two hundred dollars, to be recovered in any court of the united states proper to try the same ; the one moiety thereof to the use of the united states, and the other moiety to the use of such person or persons, who shall sue for and prosecute the same.
ACT of May 10, 1800. (Vol. V. p. 167.) 5. Sect. I. It shall be unlawful for any citizen of the united states, or other person residing within the united states, directly or indiredly to hold or have any right or property in any vessel employed or marie use of in the transportation or carrying of slaves from one foreign country or place to another, and any right or property, belonging as aforesaid, shall be forfeited, and may be libelled and condemned for the use of the person, who shall sue for the same; and such person transgressing the prohibition aforesaid, shall also forfeit and pay a sum of money equal to double the value of the right or property in such vessel, which he held as aforesaid ; and shall also forfeit a sum of money equal to double the value of the interest which he may have had in the slaves, which at any time may have been transported or carried in such vessel, after the passing of this act, and against the form thereof.
6. SECT. II. It shall be unlawful for any citizen of the united states, or other person residing therein, to serve on board any vessel of the united states employed or made use of in the transportation or carrying of slaves from one foreign country or piace to another; and any such
citizen or other person, voluntarily serving as aforesaid, shall be liable to be indicted therefor, and on conviction thereof, shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceed. ing two years.
SECT. III. If any citizen of the united states shall voluntarily serve on board of any foreign ship or vessel, which shall hereafter be employed in the slave trade, he shall on convidion thereof be liable to, and suffer the like forfeitures, pains, disabilities and penalties as he would have incurred, had such ship or vessel been owned or employed, in whole or in part, by any person or persons residing within the uniled states.
7. SECT. IV. It shall be lawful for any of the commissioned vessels of the united states, to seize and take any vessel employed in carrying on trade, business, or traffic, contrary to the true intent and meaning of this or the said act to which this is in addition ; and such vessel, together with her tackle, apparel and guns, and the goods or effects, other than slaves, which shall be found on board, shall be forfeited, and may be proceeded against in any of the district or circuit courts, and shall be condemned for the use of the officers and crew of the vessel making the seizure, and be divided in the proportion directed in the case of piize : And all persons interested in such vessel, or in the enterprize or voyage in which such vessel shall be employed at the time of such capture, shall be precluded from all vight or claim to the slaves found on board such vessel as aforesaid, and from all damages or retribution on account thereof: And it shall moreover be the duty of the commaaders of such commissioned vessels, to apprehend and take into custody every person found on board of such vessel so seized and taken, being of the officers or crew thereof, and him or them convey as soon as conveniently may be, to the civil authority of the united states in some one of the districts thereof, to be proceeded against in due course of law.
8. SECT. V. The distriet and circuit courts of the united states shall have cognizance of all acts and offences against the prohibitions here. in contained.
9. SECT. VI. Provided nevertheless, That nothing in this act contained shall be construed to authorize the bringing into either of the united states, any person or persons, the importation of whom is, by the existing laws of such state, prohibited.
10. Sect. VII. The forfeitures which shall hereafter be incurred under this, or the said act to which this is in addition, not otherwise disposel ol, shall accrue and be one moiety thereof to the use of the informer, and the other moiety to the use of the united states, except where the prosecution shall be first instituted on behalf of the united states, in which case the whole shall be to their use.
[See Territory 27.]
Deparıment of foreign affairs
Provijo Duty of secretary
Secretary to provide seal office Luty of chief clerk
Fees of thice Oath of office
Further duty of secretary Department of flare
Secretary to appoint an additional clerk Additional duties of secretary
5 Treaties to be published Seal of the united flutes
Power of prefideni in caje of vacancy 13 Secretary to keep and affix seal 71 Provijo
ACT of July 27, 1789. (Vol. I. p. 359.) 1. Sect. I. There shall be an executive department, to be denominated the department of foreign affairs, and there shall be a principal officer therein, to be called the secretary for the department of foreign affairs, who shall perform and execute such duties as shall from time to time be enjoined on or intrusted to him by the president of the united states, agreeable to the constitution, relative to correspondences, commissions or instructions to or with public ministers or consuls, from the united states,or to negociations with public ministers from foreign states or princes, or to memorials or other applications from soreign public ministers or other foreigners, or to such other matters respecting foreign affairs, as the president of the united states shall assign to the said department: And furthermore, the said principal officer shall conduct the business of the said department in such manDer as the president of the united states shall from time to time order or instruut. (Altered, see postea 4.]
2. SECT. II. There shall be in the said department, an inferior officer, to be appointed by the said principal oilcer, and to be employed therein as lie shall deem proper, and to be calied the chief clerk in the department of foreign affairs, and who, whenever the said principal officer shall be removed from office by the president of the united states, or in any other case of vacancy, shail, during such vacancy, have the charge and custody of all records, books and papers appertaining to the said department. [See postea 13, and Public Officers 11.]
3. Sect. III. The said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office or employment, take an oath or afirmation, well and faithfully to execute the trust committed to him.
ACT of September 15, 1789. (Vol. I. p. 41.) 4. Sect. I. The executive department, denominated the department of foreign affairs, shall hereafter be denominated the department of state, and the principal officer therein shall hereafter be called the secretary of state. [See antea 1.]
5. Sect. II. Whenever a bill, order, resolution or vote of the senate and house of representatives, having been approved and signed by the president of the united states, or not having been returned by him with his objeciivis, shall become a law, or take effect, it shall forth with thercaster be ruceived by the said secretary from the presi