II. Be it therefore enacted by the General Assembly, That the act entitled "An act to exempt artificers employed at iron works from militia duty," shall continue and be in force from and after the expiration thereof, until the end of the next session of assembly, and no longer.

Preamble.

County courts to receive claims

pressed for the

[1781, 10 Hening's Stats. 468.]

CHAP. XX.

An act for adjusting claims for property impressed or taken for public

service.

1. WHEREAS it has been represented to this present general assembly, that sundry of the inhabitants of the several counties throughout this commonwealth, have laboured under many hardships and inconveniencies from the mode which has lately been pursued in impressing their property; insomuch that the auditors of public accounts have in divers instances refused to grant warrants upon certificates given for such impressment. And whereas many have procured valuations on oath to fix demands against the public for horses and other property taken or impressed for public service, at rates far beyond the real value. For remedy whereof, and for relief of all persons concerned,

II. Be it enacted, That from and after the passing of for property im- this act, the several county courts throughout this public service. commonwealth are hereby empowered to receive all claims against the public on account of impressments made by any person for horses, provision and all other necessaries, impressed or taken for public service; the said courts shall ascertain the value of all impressed articles in specie, as it shall actually appear in proof to them, independent of any preceding valuation, and make report thereof to the next session of assembly, in order that proper measures may be adopted for paying off the several claimants according to justice, distinguishing articles applied to continental purposes, from those applied to the use of the state.

No claim for property im

wed

until

court, & certified

III. And be it enacted, That no claim for horses or to be al other property impressed or taken for public service, passed by the shall be paid until the same hath been presented and to the general as allowed by such court as aforesaid, and reported to the next or the succeeding general assembly. And the said courts respectively shall cause a fair transcript of their proceedings in the business aforesaid to be laid before

sembly.

the succeeding assembly, specifying the ages, sizes, and other general designations of the horses, and also general descriptions of the other species of property so impressed or taken, in order that all possible information be obtained and laid before the general assembly, to enable them to render justice to individuals and save the public from unjust demands and impositions; and may make such allowance to their clerk for his extraordinary services herein, to be levied in their next county levy, as to them shall seem proper.

Exception, ertificates.

IV. Provided, That all certificates for provisions, upon tain provision cerwhich a price in specie has been affixed by the governor and council, agreeable to an act untitled, "An act to empower the governor and council to fix the value of provisions impressed for the use of the army," and which have been paid to the collectors in discharge of taxes, may be audited and paid into the treasury, any thing in this act to the contrary notwithstanding.

[1781, 10 Hening's Stats. 482.]

CHAP. XXVII.

An act for supplying the southern army with waggons and horses.

southern army.

tices and sheriffs

I. BE it enacted by the General Assembly, That every horses, how supWaggons & county within this commonwealth that hath failed or plied for the neglected to furnish and deliver a waggon and team, agreeable to the directions of the act of assembly entitled, "An act for supplying the army with cloaths, provisions and waggons," shall, on or before the first day of March next, furnish the same agreeable to the said act. The sheriffs of the several counties who have so failed or neglected, are hereby ordered to summon the justices of Penalty on justheir counties to meet on or before the tenth day of Feb- for neglect. ruary next, at the place where the courts are usually held within the same, for the purpose aforesaid: Every sheriff failing so to do, shall forfeit and pay five hundred pounds specie. Every justice of any county, having such notice and failing to execute the said act by the time aforesaid, shall each forfeit and pay the sum of one hundred pounds like money. And the solicitor How recover. general for the time being is hereby directed, on any county failing to furnish the waggon and team hereby required within the time affixed for the delivery, to direct the attorney general to commence an action of

able.

debt, in the name of the commonwealth, against every such sheriff or justice who shall have failed in the duty prescribed by this act, for the penalties therein mentioned, which penalties shall be paid, on recovery, to the treasurer of this commonwealth, to and for the use of the same. Every waggon and team shall be delivered to the deputy quarter-master in the state, or to such perteams, how dis sons as he shall appoint, and at the time of delivery valued in specie, for which valuation, the person receiving shall give the person delivering a receipt in writing, to be transmitted to the auditors of public accounts, and by them debited to the United States.

Waggons &

posed.

Governor & council to ap

purchase waggon horses.

II. And be it farther enacted, That the governor, with point persons to the advice of the council, shall, and he is hereby empowered and required to appoint so many persons of credit and influence in different parts of the state, as he may think necessary, to purchase one hundred waggon horses: The persons so appointed shall give a receipt in writing to the seller for the specie price of each horse, and expressing in such receipt that the same shall be taken by any sheriff or collector for taxes on lands or slaves, or any other tax that may be by law appropriated for continental purposes; and every sheriff or collector shall be allowed the same in the settlement of their accounts, upon their being previously entered in the auditors office, and by the auditors shall be debited to the United States. And the governor is hereby desired to send forthwith a copy of this act to the sheriff of each county which has failed to comply with the aboverecited act.

150.1

All impresses

[1781, 10 Hening's Stats. 496.]

CHAP. XXXVI.

An act to regulate impresses.

[Chan. Rev. p. I. WHEREAS many continental officers, soldiers, commissaries, quarter-masters and other persons have, prohibited. upon pretence of a right to impress, committed great violences upon the property of the citizens of this state; and it being the duty of the representatives of the people to protect them in the quiet possession of their property: Be it therefore enacted, That if any officer, soldier, commissary, quarter-master or other person shall presume to take from any citizen or citizens of this comExceptions. monwealth, any part of their property by way of im

illegal impresses.

press, unless it be by warrant from the executive, in case of actual invasion, or by sheriffs bringing criminals Proceedings on to the general court, it shall be lawful for any magistrate in the county where the offence is committed, upon information on oath, to issue his warrant for the immediate taking and safe-keeping of such offender or offenders, till they are delivered by due course of law; and all county lieutenants and other officers of the militia are hereby enjoined to support the civil power in securing and bringing such offenders to justice.

April 4, 1812.
Expired.]

Embargo laid

Part VI. FEDERAL STATUTES OF THE WAR OF

1812, AND OF THE WAR OF 1847.1

[Printed from United States Statutes at Large, Vols. 2 and 3.

ACTS PASSED BY TWELFTH CONGRESS, FIRST SESSION.

[2 Stats. 700.]

CHAP. XLIX.—An Act laying an embargo on all ships and vessels in the ports and harbors of the United States, for a limited time. Be it enacted by the Senate and House of Representatives for ninety days. of the United States of America in Congress assembled, That an embargo be, and hereby is laid for the term of ninety days from and after the passing of this act, on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels in ballast, with the consent of the President of the United States; and

The Non-Intercourse Act of 1789 forbidding trade with France and the acts which followed it, though essentially of the kind that are passed as an incident of hostilities are omitted here because no actual declaration of war between France and the United States was ever made. Concerning these acts Professor John Bassett Moore makes the following statement:

"Measures to put the country in a condition for war were immediately adopted. On June 13, 1798, before the reception of the correspondence between Talleyrand and the envoys, the President approved an act to suspend commercial intercourse between the United States and France and her dependencies. [1 Stats. at L. 565] On the 22d of June, acts were passed to increase the naval armament of the United States, and to amend an act of the 28th of May, authorizing the President to raise a provisional army. [Id. 558, 569] In quick succession other acts were passed to authorize the arrest and expulsion of aliens; [Id. 570, 577] to authorize the defense of merchant vessels of the United States against French depredations; [Id. 572]; to protect the commerce and coasts of the United States [Id. 574]; to augment the army of the United States [Id. 604]; and to enable the President to borrow money [Id. 607]. On the 7th of July the President approved an act by which it was declared that, as the treaties between the two countries had been repeatedly violated by France, the just claims of the United States for reparation refused, and their attempts to negotiate an amicable adjustment repelled with indignity; and as there was still being pursued against the United States, under the authority of the French Government, a system of predatory violence, in conflict with the treaties and hostile to the rights of a free and independent nation, the United States were "of right freed and exonerated from the stipulations of the treaties, and of the consular convention," and that these compacts should "not henceforth be regarded as legally obligatory on the government or citizens of the United States." [Am. State Papers For. Rel. II. 199]. At the next session of Congress the commercial intercourse between the United States and France was further suspended [Am. State Papers For. Rel. II. 199]: authority was given to the President to exchange or send away French citizens who had been or might be captured and brought into the United States [Am. State Papers, For. Rel. II. 204]; provision was made for augmenting the army: and various other acts were adopted in relation to the hostilities which Congress had authorized. The command in chief of the army was offered to Washington and accepted by him. On the 21st of August 1798 the Attorney-General of the United States advised the Secretary of State that taking into consideration the acts of the French republic toward the United States, and the legislation adopted by Congress at its preceding session, he was of opinion that there not only existed an actual maritime war between France and the United States, but a maritime war authorized by both nations [1 Stats. at L. 565]" 15 Moore's International Arbitrations, pp. 4426, 4427]. J. R. C.

990