Military agents to ac &c. which shall be ordered into their care by the department of war. They shall account with the department of war, annually, for all count annual- the public property which may pass through their hands, and ly, give bonds, all the moneys which they may expend in discharge of the duties take an oath, of their offices respectively previous to their entering on the duties of their offices they shall give bonds, with sufficient sureties, in such sums as the president of the United States shall direct, for the faithful discharge of the trust reposed in them: and shall take an oath faithfully to perform the duties of their respective offices. Noncommissioned offi besides the 18. That if any noncommissioned officer, musician, or pricers and pri- vate, shall desert the service of the United States, he shall, in vates, desert- addition to the penalties mentioned in the rules and articles of ing, &c. liable to serve, &c. war, be liable to serve, for and during such a period, as shall, with the time he may have served previous to his desertion, penalties, &c. Deserters amount to the full term of his enlistment; and such soldier shall may be tried, and may be tried by a court martial, and punished, although the and punished although the term of his enlistment may have elapsed previous to his being apprehended or tried. term may have elapsed, &c. arms, &c. or 19. That every person who shall procure or entice a soldier Persons en- in the service of the United States to desert, or who shall purticing soldiers to desert, pur- chase from any soldier his arms, uniform clothing,, or any part chasing their thereof; and every captain or commanding officer of any ship or masters of vessel, who shall enter on board such ship or vessel, as one of vessels enter- his crew, knowing him to have deserted, or otherwise carry away ing a deserter on board any such soldier, or shall refuse to deliver him up to the orders among their of his commanding officer, shall, upon legal conviction, be fined, crews, &c. may be fined at the discretion of any court having cognizance of the same, in or imprisoned. any sum not exceeding three hundred dollars, or be imprisoned, any term not exceeding one year. Officers and privates to oath. 20. That every officer, noncommissioned officer, musician, fake an oath. and private, shall take and subscribe the following oath or affirmaForm of the tion, to wit: "I, A B, do solemnly swear, or affirm, (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against their enemies or opposers, whomsoever; and that I will observe and obey the orders of the president of the United States, and the orders of the officers appointed over me, according to the rules and articles of war." When a gene tial is ordered &c. with, &c. § 21. That whenever a general court martial shall be ordered, ral court mar the president of the United States may appoint some fit person the president to act as judge advocate, who shall be allowed, in addition to may appoint, his other pay, one dollar and twenty-five cents for every day he If the presi- shall be necessarily employed in the duties of the said court; dent does not and in cases where the president shall not have made such apappoint, the brigadier gen-pointment, the brigadier general, or the president of the court, eral, &c. may. may make the same. Reasonable for extra ex 22. That where any commissioned officer shall be obliged compensation to incur any extra expense in travelling, and sitting on general pense incur- courts martial, he shall be allowed a reasonable compensation red by officers for such extra expense, actually incurred, not exceeding one dolsitting on lar and twenty-five cents per day to officers who are not entitled courts mar. to forage, and not exceeding one dollar per day to such as shall in travelling or tial, &c. be entitled to forage. sioned officers $23. That no noncommissioned officer, musician, or private, Noncommisshall be arrested, or subject to arrest, or to be taken in execu- and privates tion, for any debt under the sum of twenty dollars, contracted not to be arbefore enlistment, nor for any debt contracted after enlistment. &c. rested for debt, 24. That, whenever any officer or soldier shall be discharg- Officers and ed from the service, except by way of punishment for any of- soldiers honourably disfence, he shall be allowed his pay and rations, or an equivalent charged, to be in money, for such term of time as shall be sufficient for him to allowed pay travel from the place of discharge to the place of his residence, for, &c. computing at the rate of twenty miles to a day. and rations, lowance to of 25. That to each commissioned officer, who shall be de- Additional alranged by virtue of this act, there shall be allowed and paid, in ficers derangaddition to the pay and emoluments to which they will be enti- ed by this act. tled by law at the time of their discharge, to each officer whose term of service in any military corps of the United States shall not have exceeded three years, three months' pay; to all other officers, so deranged, one month's pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof. a corps of en composed of mentioned. 26. That the president of the United States is hereby autho- The president rized and empowered, when he shall deem it expedient, to orga- may organize nize and establish a corps of engineers, to consist of one engi- gineers, &c. neer, with the pay, rank, and emoluments, of a major; two assistant engineers, with the pay, rank, and emoluments of captains; two other assistant engineers, with the pay, rank, and Corps of enemoluments, of first lieutenants; two other assistant engineers, gineers to br with the pay, rank, and emoluments, of second lieutenants; and the officers ten cadets, with the pay of sixteen dollars per month, and two Cadets and rations per day and the president of the United States is, in their pay, &c. like manner, authorized, when he shall deem it proper, to make The president such promotions in the said corps, with a view to particular may make merit, and without regard to rank, so as not to exceed one colo- the corps of nel, one lieutenant colonel, two majors, four captains, four first engineers, lieutenants, four second lieutenants, and so as that the number to particular of the whole corps, shall, at no time, exceed twenty officers and merit, &c. so cadets. promotions in with a view as not to ex ceed, &c. be stationed 27. That the said corps, when so organized, shall be station- The corps of ed at West Point, in the state of New York, and shall constitute engineers to a military academy; and the engineers, assistant engineers, and at West cadets of the said corps, shall be subject, at all times, to do duty tute an acade in such places, and on such service, as the president of the Unit- my, and subed States shall direct. Point, consti ject to do du- § 28. That the principal engineer, and, in his absence, the The princi next in rank, shall have the superintendence of the said military to superintend academy, under the direction of the president of the United the military. academy, &c. States; and the secretary of war is hereby authorized, at the The secretary public expense, under such regulations as shall be directed by of war to prothe president of the United States, to procure the necessary cessary books, implements, and apparatus, for the use and benefit of the books, &c. said institution. cure the ne 29. That so much of any act or acts, now in force, as comes Acts, &c. within the purview of this act, shall be, and the same is hereby, within the saving, &c. purview of this repealed; saving, nevertheless, such parts thereof as relate to act, repealed; the enlistments, or term of service, of any of the troops which by this act are continued on the present inilitary establishment of the United States. [Approved, March 16, 1802.] The collector of the customs for Edenton to permit the landing of salt at fisheries ces in his dis trict, &c. CHAP. [11.] An act for the accommodation of persons concerned in certain fisheries therein mentioned. § 1. Be it enacted, &c. That, from and after the passing of this act, it shall be lawful for the collector of the customs for the district of Edenton to permit any vessel having on board salt only, after due report and entry, and security given for the duand other pla- ties, to proceed under the inspection of an officer of the customs to any fishery, or other landing place, within the district, (to be designated in the permit) and there discharge the same; subject, however, in all other respects, to the regulations, restrictions, penalties, and provisions, established by an act passed the second of March, in the year one thousand seven hundred and ninety-nine, entitled "An act to regulate the collection of duties on imports and tonnage." In other respects the usual regulations to be observed. Vol. i. p. 573. Inspectors,&c. performing § 2. That every inspector, or other officer of the customs, duty on board while performing duty on board any such vessel, elsewhere than vessels else in the port to which such officer may properly belong, shall be entitled to receive, from the master, or commander thereof, such provisions and other accommodations, (free from expense,) as are usually supplied to passengers, or as the state and condition of the vessel will admit. where than in the port to which they belong, &c. If, in the delivery of, salt, 3. That if, by reason of the delivery of any cargo of salt, &c. 15 work- in manner aforesaid, more than fifteen working days, (computing ing days are from the date of entry,) shall, in the whole, be spent therein, exceeded, the inspector's the wages or compensation of such inspector, or other officer of wages for the the customs, who may be employed on board any vessel, in reto be paid by spect to which such term may be so exceeded, shall, for every day of such excess, be paid by the master or owner; and until paid, it shall not be lawful for the collector to grant a clearance, or to permit such vessel to depart from the district. [Approved, March 16, 1802.] excess of days, the master, &c. Obsolete. Voli. P. 544. The collectors transmit to sors correct are authorized to advertise CHAP. [12.] An act to amend an act, entitled "An act to lay and collect a direct tax within the United States." 1. Be it enacted, &c. That the collectors in each district to prepare and shall prepare, and transmit to their respective supervisors, corthe supervi- rect lists of all lands within their respective collection districts, lists of lands, which, by the act passed the fourteenth day of July, one thouswhich they and seven hundred and ninety-eight, entitled "An act to lay and collect a direct tax within the United States," they now for sale, &c. are, or hereafter shall be, authorized to advertise for sale, specifying therein the persons in whose names the assessments were originally made, and the sums due thereon, respectively; of which lists it shall be the duty of the supervisor, in all cases, to cause correct transcripts to be made out, and to cause to be inserted, for five weeks successively, in one or more newspapers, a notification published within his district, one of which shall be the gazette to be publish- in which are published, by authority, the laws of the state within ed, &c. whose limits the said district may be comprised, if there be any The supervi sors to cause correct tran scripts to be made out and may be paid vision where such gazette, a notification, that such transcripts are lodged at Notification his office, and are open to the free inspection of all parties con- that the tax cerned; and also notifying, that the tax due upon the said lands to the collecmay be paid to the collector within whose division the aforesaid tor of the dilands are contained, or to the supervisor of the district, at any the lands lie, time within the space of six months from the date of such noti- or, &c. within fication, and the time when, and places where, sales will be &c. made of lands upon which any part of the direct tax shall remain due after the expiration of the time aforesaid. six months, ure to pay, the sell the land, &c. §2. That in case of failure, on the part of the owner or owners In case of failof the aforesaid lands, to pay, within the aforesaid time, the full collectors to amount of tax due thereon, the collectors, under the direction, and with the approbation, of their respective supervisors, shall immediately proceed to sell, at public sale, at the times and places mentioned in the advertisement of the supervisor, so much of the lands aforesaid as may be sufficient to satisfy the same, together with all the costs and charges of preparing lists, advertising, and notifying, as aforesaid, and of sale. costs a lien on collected or 3. That the aforesaid tax, including all costs and charges as The tax and aforesaid, shall be and remain a lien upon all lands, and other the land, until real estate, on which the same has been assessed, until the tax the former are due upon the same, including all costs and charges, shall have the latter sold, been collected, or until a sale shall 'have been effected, accord- &c. ing to the provision of this act, or of the act to which this is a supplement. ed in one as sessment, and 4. That in all cases wherein any tract of land may have Lands assessbeen assessed in one assessment, which, at the time when such assessment was made, was actually divided into two, or more, at the time actually divided, distinct parcels, each parcel having one or more distinct propri- &c. may be etor or proprietors, it shall be the duty of the collector, to re- paid for by ceive, in manner aforesaid, from any proprietor or proprietors in proportion, thus situated, his or their proportion of the tax due upon such &c. tract; and thereupon the land of the proprietor or proprietors upon which the tax shall have been thus paid, shall be forever discharged from any part of the tax due under the original as sessment. any proprietor ing to one per another, the as provided by ferred to. 5. That in any case in which it may have happened that Lands belonglands actually belonging to one person, may have been, or here- son, assessed after shall be, assessed in the name of another, and no sale of the in the name of same shall yet have been made, the same proceedings shall be same proceedhad for the sale of the aforesaid lands, in order to raise the tax ings to be had assessed in relation to the same, as is provided by the eleventh the 11th sec. section of the act to which this is a supplement, in the case of of the act relands assessed, the owner whereof is unknown; and such sale shall transfer, and pass to the purchaser, a good and effectual title. 6. That the right of redemption, reserved to the owners of Right of relands and tenements sold under this act, or the act to which this demption not is a supplement, shall in no wise be affected or impaired: Pro- &c. Proviso; the vided always, That the owners of lands which shall thus be sold after the passing of this act, in order to avail themselves of that the right right, shall make payment, or tender of payment, within two make tender years from the time of sale, for the use of the purchaser, his of amount of, to be affected, owners, under redemption, to &c. The secretary authorized to compensation of the com as, &c. heirs, or assigns, of the amount of the said tax, costs, and charges, with interest for the same, at the rate of twenty-five per cent. per annum. 7. That the secretary of the treasury shall be, and hereby of the treasury is, authorized and empowered, under the direction of the presiaugment the dent of the United States, to augment the compensation fixed by law for the commissioner, or for the principal and assistant missioner, and assessors, or either of them, in any division where it shall be assessors, so found necessary for carrying into effect the act, entitled "An Vol. i. p. 525. act to provide for the valuation of lands and dwelling houses, and the enumeration of Slaves, within the United States," so, however, as that the commissioner shall in no case receive more than five dollars per day, nor the principal or assistant assessor, in any case, receive more than three dollars per day; which additional compensation shall be subject to the same rules of settlement as are established by the act last aforesaid. [Approved, March 16, 1802.] Boundary line between the tribes, accord to be ascer tained and marked, &c. See vol. ii. p. 1307.1848. vol. iv. p. 2394. CHAP. [13.] An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. 1. Be it enacted, &c. That the following boundary line, esU. States and tablished by treaty between the United States and various Invarious Indian dian tribes, shall be clearly ascertained, and distinctly marked ing to treaties, in all such places as the president of the United States shall deem necessary, and in such manner as he shall direct, to wit: Beginning at the mouth of the Cayahoga river, on lake Erie, and running thence, up the same, to the portage between that and the Tuscaroras branch of the Muskingum; thence down that branch, to the crossing place above Fort Lawrence; thence, westwardly, to a fork of that branch of the great Miami river running into the Ohio; at or near which fork stood Laromie's store, and where commences the portage, between the Miami of the Ohio and St. Mary's river, which is a branch of the Miami, which runs into lake Erie; thence, a westwardly course, to Fort Recovery, which stands on a branch of the Wabash; thence, southwestwardly, in a direct line to the Ohio, so as to intersect that river opposite the mouth of Kentucky or Cuttawa river; thence, down the said river Ohio, to the tract of one hundred and fifty thousand acres, near the rapids of the Ohio, which has been assigned to general Clarke, for the use of himself and his warriors; thence, around the said tract, on the line of the said tract, till it shall again intersect the said river Ohio; thence, down the same, to a point opposite the high lands, or ridge, between the mouth of the Cumberland and Tennessee rivers; thence, southeastwardly, on the said ridge, to a point from whence a southwest line will strike the mouth of Duck river; thence, still eastwardly, on the said ridge, to a point forty miles above Nashville; thence, northeast, to Cumberland river; thence, up the said river, to where the Kentucky road crosses the same; thence, to the Cumberland Mountain, at the point of Campbell's line; thence, in a southwestwardly direction, along the foot of the Cumberland Mountain, to Emory's river; thence, down the same, to its junction with the river Clinch; thence, |