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ACTS OF THE SEVENTH CONGRESS

OF THE

UNITED STATES,

Passed at the first session, which was begun and held at the City of
Washington, in the District of Columbia, on Monday, the seventh
day of December, 1801, and ended on the third day of May, 1802.
THOMAS JEFFERSON, President; AARON BURR, Vice President of the
United States, and President of the Senate; ABRAHAM BALDWIN,
President of the Senate pro tempore, on the 14th of January, 1802,
and from the 21st of April, 1802; NATHANIEL MACON, Speaker of the
House of Representatives.

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STATUTE I.

CHAPTER I.—An Act for the apportionment of Representatives among the several
States, according to the second enumeration.(a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the third day of March, one thousand eight hundred and three, the House of Representatives shall be composed of members elected agreeably to a ratio of one member for every thirty-three thousand persons in each state, computed according to the rule prescribed by the constitution; that is to say: within the state of New Hampshire, five; within the state of Massachusetts, seventeen; within the state of Vermont, four; within the state of Rhode Island, two; within the state of Connecticut, seven ; within the state of New York, seventeen; within the state of New Jersey, six; within the state of Pennsylvania, eighteen; within the state of Delaware, one; within the state of Maryland, nine; within the state of Virginia, twenty-two; within the state of North Carolina, twelve; within the state of South Carolina, eight; within the state of Georgia, four; within the state of Kentucky, six; and within the state of Tennessee, three members.

APPROVED, January 14, 1802.

CHAP. II.-An Act concerning the Library for the use of both Houses of

Congress.(b)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the books and

(a) By the act of April 14, 1792, chap. 23, the ratio of representatives was one member to every thirtythree thousand persons in each state, after the first census.

By the act of January 14, 1802, chap. 1, the ratio of representatives was one member to every thirtythree thousand persons in each state, after the second census.

By the act of December 21, 1811,chap. 9, the ratio of representatives was one member to every thirtyfive thousand persons in each state, after the third census.

By the act of March 7, 1822, chap. 10, the ratio of representatives was one member to every forty thousand persons in each state, after the fourth census.

By the act of May 22, 1832, chap. 91, the ratio of representatives was one member to every forty-seven thousand seven hundred persons in each state, after the fifth census.

By the act of June 25, 1842, chap. 21, the ratio of representatives was one member to every seventy thousand six hundred and eighty persons in each state, and one additional member to each state having a fraction greater than one moiety of that number of persons, according to the sixth census.

(b) The acts for the establishment and regulation of the Library of Congress, are: An act concerning 128

maps purchased by direction of the act of Congress, passed the twenty-
fourth of April, one thousand eight hundred, together with the books or
libraries which have heretofore been kept separately by each house, shall
be placed in the Capitol, in the room which was occupied by the House
of Representatives, during the last session of the sixth Congress.
SEC. 2. And be it further enacted, That the President of the Senate
and Speaker of the House of Representatives, for the time being, be,
and they hereby are empowered to establish such regulations and re-
strictions in relation to the said library, as to them shall seem proper,
and from time to time, to alter or amend the same: Provided, that no
regulation shall be made repugnant to any provision contained in this

act.

SEC. 3. And be it further enacted, That a librarian to be appointed by the President of the United States solely, shall take charge of the said library, who, previous to his entering upon the duties of his office, shall give bond, payable to the United States, in such a sum, and with such security as the President of the Senate and Speaker of the House of Representatives, for the time being, may deem sufficient, for the safe keeping of such books, maps and furniture as may be confided to his care, and the faithful discharge of his trust, according to such regulations as may be, from time to time, established for the government of the said library; which said bond shall be deposited in the office of the secretary of the Senate.

SEC. 4. And be it further enacted, That no map shall be permitted to be taken out of the said library by any person; nor any book, except by the President and Vice President of the United States, and members of the Senate and House of Representatives, for the time being.

SEC. 5. And be it further enacted, That the keeper of the said library shall receive for his services, a sum not exceeding two dollars per diem, for every day of necessary attendance; the amount whereof, together with the necessary expenses incident to the said library, after being ascertained by the President of the Senate and Speaker of the House of Representatives, for the time being, shall be paid out of the fund annually appropriated for the contingent expenses of both Houses of Congress. SEC. 6. And be it further enacted, That the unexpended balance of the sum of five thousand dollars appropriated by the act of Congress aforesaid, for the purchase of books and maps for the use of the two houses of Congress, together with such sums as may hereafter be appropriated to the same purpose, shall be laid out under the direction of a joint committee, to consist of three members of the Senate, and three members of the House of Representatives. APPROVED, January 26, 1802.

CHAP. IV. An Act for the protection of the Commerce and Seamen of the United
States, against the Tripolitan Cruisers.

WHEREAS the regency of Tripoli, on the coast of Barbary, has commenced a predatory warfare against the United States:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful

Certain books

and maps to be deposited together in a room in the Capitol.

Certain regu.

lations in rela

tion to the library to be formed

by the President of the Senate and Speaker of the House of Representatives.

A librarian to be appointed, who shall give bond, &c.

Bond to be

deposited in the

office of Secre-
tary of the Senate.
No maps to
be taken out of
the library.
Who may take
out books.
Pay of the li-
brarian, &c.

To be paid out of the contingent fund of Congress.

Manner of purchasing books for the library under a joint committee of the Senate and House of Representatives.

STATUTE I.

Feb. 6, 1802.

[Obsolete.] President may employ such of the armed vested States as he

sels of the Uni

the library for the use of both houses of Congress, January 26, 1802, chap. 2; an act in addition to an act entitled, "An act concerning the library of both houses of Congress," May 1, 1810, chap. 50; an act to authorize the purchase of the library of Thomas Jefferson, late President of the United States, January 30, 1815, chap. 127; an act providing for the settlement of certain accounts against the library of Congress, for extending the privilege of using books therein, and for establishing the salary of the librarian, April 16, 1816, chap. 46; an act fixing the compensation of the secretary of the Senate, and clerk of the House of Representatives, of the clerks employed in their offices, and of the librarian, April 18, 1818, chap. 64. Resolution granting permission to the judges of the Supreme Court of the United States to use the books in the library of Congress, March 2, 1812. An act to increase and improve the law department of the library of Congress, July 14, 1832, chap. 221.

Voi. IL-17

may judge re- fully to equip, officer, man, and employ such of the armed vessels of the quisite for the United States as may be judged requisite by the President of the United protection of the and States, for protecting effectually the commerce and seamen thereof on the Atlantic ocean, the Mediterranean and adjoining seas.

commerce

seamen on the

Atlantic and
Mediterranean.
Acts of hos
tility and pre-

caution author-
ized.

Captured ves

sels to be brought into

port, and proceeds of prizes

distributed.

Commissions against Tripoli

to be issued to private armed vessels.

SEC. 2. And be it further enacted, That it shall be lawful for the President of the United States to instruct the commanders of the respective public vessels aforesaid, to subdue, seize and make prize of all vessels, goods and effects, belonging to the Bey of Tripoli, or to his subjects, and to bring or send the same into port, to be proceeded against, and distributed according to law; and also to cause to be done all such other acts of precaution or hostility as the state of war will justify, and may, in his opinion, require.

SEC. 3. And be it further enacted, That on the application of the owners of private armed vessels of the United States, the President of the United States may grant to them special commissions, in the form which he shall direct, under the seal of the United States; and such private armed vessels, when so commissioned, shall have the like authority for subduing, seizing, taking, and bringing into port, any Tripolitan vessel, goods or effects, as the before-mentioned public armed vessels may by law have; and shall therein be subject to the instructions which may be given by the President of the United States for the regulation of their conduct; and their commissions shall be revocable at his pleasure. Provided, that before any commission shall be granted, as aforesaid, the owner or owners of the vessel for which the same may be Bonds of the requested, and the commander thereof, for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of seven thousand dollars; or, if such vessel be provided with more than one hundred and fifty men, in the penal sum of fourteen thousand dollars, with condition for observing the treaties and laws of the United States, and the instructions which may be given, as aforesaid; and also, for satisfying all damages and injuries which shall be done, contrary to the tenor thereof, by such commissioned vessel; and for delivering up the commission, when revoked by the President of the United States.

owner and com-
mander to be
previously
given.

Captured property may be condemned and distributed cording to agreements.

ac

Period for which seamen may be engaged

to serve.

STATUTE I.

Feb. 18, 1802.

Privilege of sending and receiving letters

free of postage to be enjoyed by delegates from territories to Congress. Travelling ex

SEC. 4. And be it further enacted, That any Tripolitan vessel, goods or effects, which shall be so captured and brought into port by any private armed vessel of the United States, duly commissioned, as aforesaid, may be adjudged good prize, and thereupon shall accrue to the owners and officers, and men of the capturing vessel, and shall be distributed according to the agreement which shall have been made between them, or, in failure of such agreement, according to the discretion of the court having cognizance of the capture.

SEC. 5. And be it further enacted, That the seamen may be engaged to serve in the navy of the United States for a period not exceeding two years; but the President may discharge the same sooner, if in his judgment, their services may be dispensed with.

APPROVED, February 6, 1802.

CHAP. V.--An Act extending the privilege of franking and receiving letters, free of postage, to any person admitted, or to be admitted to take a seat in Congress, as a delegate; and providing compensation for such delegate.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person admitted, or who may hereafter be admitted to take a seat in Congress, as a delegate, shall enjoy the privilege of sending and receiving letters, free of postage, on the same terms, and under the same restrictions, as are provided for the members of the Senate and of the House of Representatives of the United States, by the act, intituled "An act to estab

penses and attendance on Congress to be the same

as

members of the

lish the post-office of the United States;" and that every such delegate
so admitted to a seat, be, and he is hereby authorized to receive, free of
postage, under the said restrictions, any letters directed to him, and
which shall have arrived at the seat of government prior to the passage
of this act and that every such delegate shall receive for his travelling
expenses and attendance in Congress, the same compensation as is or
may be allowed, by law, to the members of the Senate and House of
Representatives of the United States, to be certified and paid in the sec. 17.

same manner.

APPROVED, February 18, 1802.

CHAP. VI.—An Act making certain partial Appropriations for the year one thousand eight hundred and two.

Senate and

House of Representatives. 1799, ch. 43,

STATUTE I.

Feb. 23, 1802.
[Obsolete.]
Specific ap-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of propriations. sixty thousand dollars be, and the same hereby is appropriated towards defraying the expense of the pay of the army, during the year one thousand eight hundred and two..

SEC. 2. And be it further enacted, That the following sums be, and the same hereby are appropriated to the purposes herein recited, respectively, that is to say: for the contingent expenses of the department of the treasury, to make good the deficiency of former appropriations for the same, the sum of sixteen hundred and thirteen dollars, and fifty

seven cents.

For the printing of the public accounts, to make good the deficiency of former appropriations for the same, the sum of fourteen hundred dollars.

Towards the contingent expenses of the department of the treasury, during the year one thousand eight hundred and two, the sum of one thousand dollars.

Towards the contingent expenses of the House of Representatives, during the year one thousand eight hundred and two, the sum of three thousand dollars.

SEC. 3. And be it further enacted, That the accounting officers of the treasury department be, and they hereby are authorized, in the settlement of the accounts of the several officers herein after mentioned, to make the following allowances for clerk hire, during the year one thousand eight hundred and one, in addition to the allowances now established by law, that is to say:

To the accountant of the navy department, one thousand nine hundred dollars, and thirty-one cents.

To the purveyor of public supplies, seven hundred dollars.

To the superintendent of stamps, three hundred and seventy-seven dollars, and seventy-eight cents.

To the commissioner of loans of Pennsylvania, one thousand five hundred dollars.

Provided however, That the expense, thus allowed, shall have been actually incurred: And provided also, that the whole amount paid to each above-mentioned officer, respectively, for his compensation, and that of his clerks and persons employed in his office, for the year aforesaid, shall not exceed the sums heretofore appropriated, by law, to those objects, respectively, during the said year.

SEC. 4. And be it further enacted, That the aforesaid sums shall be paid and discharged out of any monies in the treasury of the United States, not otherwise appropriated.

APPROVED, February 23, 1802.

Expenses allowed not to ex

ceed the sums appropriated by law.

STATUTE I. March 8, 1802. [Obsolete.] Repeal of the acts of last ses

sion, relative to the judiciary. Act of Feb.

13, 1801, ch. 4, repealed.

Act of March

CHAP. VIII.-An Act to repeal certain acts respecting the organization of the
Courts of the United States; and for other purposes. (a)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of Congress passed on the thirteenth day of February one thousand eight hundred and one, intituled "An act to provide for the more convenient organization of the courts of the United States," from and after the first day of July next, shall be, and is hereby repealed.

SEC. 2. And be it further enacted, That the act passed on the third 3, 1801, ch. 32, day of March, one thousand eight hundred and one, intituled “An act repealed. for altering the times and places of holding certain courts therein mentioned and for other purposes," from and after the said first day of July next, shall be, and is hereby repealed.

Revival of for

mer acts.

Act of March

23, 1804, 31.(b)

ch.

Continuance

circuit and dis

trict courts reestablished by this act.

SEC. 3. And be it further enacted, That all the acts, and parts of acts, which were in force before the passage of the aforesaid two acts, and which by the same were either amended, explained, altered, or repealed, shall be, and hereby are, after the said first day of July next, revived, and in as full and complete force and operation, as if the said two acts had never been made.

SEC. 4. And be it further enacted, That all actions, suits, process, of suits to the pleadings, and other proceedings, of what nature or kind soever, depending or existing in any of the circuit courts of the United States, or in any of the district courts of the United States, acting as circuit courts, or in any of the additional district courts, which were established by the aforesaid act of Congress, passed on the thirteenth day of February, one thousand eight hundred and one, shall be, and hereby are, from and after the said first day of July next, continued over to the circuit courts, and to the district courts, and to the district courts acting as circuit courts respectively, which shall be first thereafter holden in and for the respective circuits and districts, which are revived and established by this act, and to be proceeded in, in the same manner as they would have been, had they originated prior to the passage of the said act, passed on the thirteenth day of February, one thousand eight hundred and one.

Writs and process issued un

der the acts repealed, to be returned to the next circuit or

district court re.

established by

this act.

STATUTE I.

March 16, 1802.

Military peace establishment.

Act of March

3, 1815, ch. 78.

Act of March 3,

1817, ch. 106. Act of April 14, 1818, ch. 56. Act of March 2, 1821, ch. 12.

SEC. 5. And be it further enacted, That all writs and process, which have issued, or may issue before the said first day of July next, returnable to the circuit courts, or to any district court acting as a circuit court, or any additional district court established by the aforesaid act passed the thirteenth day of February, one thousand eight hundred and one, shall be returned to the next circuit court, or district court, or district court acting as a circuit court, re-established by this act and shall be proceeded on therein, in the same manner as they could, had they been originally returnable to the circuit courts, and district courts acting as circuit courts, hereby revived and established.

APPROVED, March 8, 1802.

CHAP. IX.-An Act fixing the military peace establishment of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the military peace establishment of the United States from and after the first of June next, shall be composed of one regiment of artillerists and two regiments of infantry, with such officers, military agents, and engineers, as are herein after mentioned.

SEC. 2. And be it further enacted, That the regiment of artillerists shall consist of one colonel, one lieutenant-colonel, four majors, one ad(a) Sec act of April 29, 1802, chap. 31, "An act to amend the judicial system of the United States." (b) An act altering the sessions of the district courts of the United States for the district of Virginia, Rhode Island, and for the district of West Tennessee, March 23, 1804, chap. 31.

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