A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND .SATURDAYS BY JOHN FENNO, No. 34, NOPIH FIFTH-STREET, PHILADELPHIA, [No. 9 6 of Vol. IV.] LAW OF THE UNION. S Ef.OND CONGRESS OF THE UNITED STATES, AT THE StCOND SESSION, Begun and held at the City of Philadelphia, in the State of Pennsylvania, on Monday the fifth erf* November, o\e thousand seven hundred and ninety-two. AN ACT to regulate Trade and In tercourse with the Indian Tribes. BE it enacted by the Senate and Hou'e of _Reprelkntatiyes of the United States ot America in Congrcfo affemblcd, That no per son shall be permitted to carry on any trade or intercourse with the Indian tribe", with out a licence under the hand and seal of the fuperintendant of the department, or of such other person, as the President of the United States shall authorize to grant licences for that purpose ; which fuperintendant, or per son so authorized lhall, on application, itTue such licence, for a term not exceeding two years, to any proper person, who shall enter into bond with one or more sureties approved of by the fuperintendant, or person ilfuing such licence, or by the President of United States, in the penal sum of one thousand dol lars, payable to the United States, condition ed for the true and faithful observance of such rules, regulations and reftridtions, as are or lhall be maile, for the government of trade and intercourse wi th the Indian tribes. Ihe said fuperintendants, and persons licenced as aforefaid, lhall be governed, in all things touching the said trade and intercourse, by such rules and regulations, as the President of the Unitjc! Srate; shall prefer,ibft« And be it further enacted, That the fuper intendant, or person issuing such licence, shall have full power and authority to recall the fame, if the person so licenced lhall transgress any of the regulations or reftridtions, provi ded for the government of trade and inter* course with the Indian tribes, and shall put in fait such bonds, as he may have taken, on the breach of any condition therein contained. And be it further ena&ed, That every per son, who shall attempt to trade with the In dian tribes, or lhall be found in the Indian country, with such merchandize in his pof fefTion, as are usually vended to the Indians, Without lawful licence, shall forfeit all the merchandize, offered for sale to the Indians, or found in his poifeffion, in the Indian coun try, and shall, moreov<:, be liable to a fine not exceeding one hundred dollars, and to im prisonment not exceeding thirty days, at the discretion of the court, in which the trial (hall be: Provided, That any citizen of the Uni ted States, merely travelling through any Indian town or territory, shall be at liberty to purchase, by exchange or otherwise, such ar ticles as may be neceifary for his fubfifience, without incurring any penalty. And be it further enabled, That if any ci tizen or inhabitant of the United States, or of fcither of the territorial diftri&s of the Uni ted States, shall go intoany town, settlement, or territory belonging to any nation or tribe I of Indians, and shall there commit murder, I robbery, larceny, trespass or other crime, I agaioft the person or property of any friendly Indian or Indians, which, if committed with in the jurifdi&ion of any State, or within the jurifdi&ion of either of the said diftricls, a gainll a citizen thereof, would be punishable by the laws of such State or diftridl, such of. fender shall be fubjeft to the fame punifhmcnt, as if the offence had been committed within the State or diflritt, to which he or ihe may belong, against a citizen thereof. And be it further enacted, That if any such citizen or inhabitant shall make a settle ment on lands belonging to any Indian tribe, or shall survey such lands, or designate their boundaries, by marking trees, or otherwise tor the purpose of settlement, he shall fo r feit a sum not exceeding oDe thousand dollars, nor less than one hundred dollars, and fuffer irn priionment nor exceeding twelve months, in the discretion of the court, before whom the trial shall be : And it shall, moreover, be law ful for the President of the United States, to take such mcafures, as he may judge neces sary, to remove from lands belonging to any Indian tribe, any citizens or inhabitants of the United States, who have made, or shall hereafter make, or attempt to make a fettle nient thereon. And be it further ena&ed. That no person lhall be permitted to purchase any horse of an Indian, or of any white man in the Indian ter- special licence for that pur Wednesday, May 1, 1795. pole ; which liccrce, the Oipenr.feridnr.t-, vf lOCli other perion as the President lb ail ap point, is hereby authorized to grant, on the fame terms, conditions and leftriftions, as other licences are to be granted under this ast : Provided also, Tliit every person, wlui iiall purc'.iafe a horse or horles, under such tcence, hsl'ore he exposes such horse or hor- Fes for (ale, and within fifteen days after they ftiall have been brought out of the Indian country, lhall mike a particular return to the fuperintendant, or other person, from whom he obtained his licence, of"every horse by him purchased, as aforefaid, describing fuchhorfes, by their color, height and other natural or artificial marks, under the penal- tit?s contained in their refpe&ive bonds. And every person, purchasing a horse or hor ses, as afo-efaid, in the Indian country, with- out a special licence, lhall, for every horse thus purchased and brought into any settle ment of citizens of the United States, forfeit, for every horse thus purchased, or brought from the Indian country, a sum not more than one hundred dollars, norlefs than thirty dollars, to be recovered in any court of re coid having competent jurifdi&ion. Ar.d every person, who shall purchase a horse, knowing him to be brought out of the Indian territoiy, by any person or persons not licen ced, as above, to purchase the fame, shall for feit the value of such horse j one hall lor the benefit of the informant, the other half for the u!c of tiie United States, to be recovered, as aforefaid. And be it further enabled, That no agent, fuperintendant, or other person authorized to grant a licence to trade, or purchase h -rfes, lhall have any intereftor concern in any trade, with the Indians, or in the purchase or sale of any horses, to or from any Indian ; And that any person, oHcnding herein, shall forfeit one thousand dollars, and be imprisoned. at the discretion of the court, before which the con vision shall be had, not exceeding twelve months. And be it further enacted, That no pur- chafe or grant of lands, or of any title or claim thereto, from any Indians or nation or tribe of Indians, within the bounds of the United States, (hall be of any validity, in law or equi- ty, unless the fame be made by a treaty or convention entered into pursuant to the con- ftitution ; And it lhall be a mifdenieanor, in any person not employed under the autho rity of the United States, in negotiating such treaty or convention, punilhable by fine fi.Ot exceeding one thr.ufand doliais, and ofim prifonment not exceeding.twelve months, di re ft !y or indirectly to treat with any such In dians,'nation or tribe of Indians, for the title or purchase of any lands by them held, or .claimed : Provided nevertheless, That it (hall be lawful for the agent or agents of any State, who may be present at any treaty, held with Indians under the authority oi the Uni ted States, in the presence, and with the ap probation of the commissioner or commission ers of the United States, appointed to hpld the fame, topropofe to, and adjflft with the Indians, the'compenfation to be made for their claims to lands within such State, which lhall be extinguilhed by the treaty. And be it further enadted, That in order to promote civilization among the friendly Indian tribes, and to secure the continuance of their fnendfhip, it shall and may be lawful for the President of the United States, to cause them to be furnifhed with ufeful, do- medic auimals, and implements of bulbandry, and also to furnifhthem with goods or money, in such proportions, as he (hall judge proper, and to appoint such persons, fiom time to time, as temporary agents, to redfie among the Indians, as he lhall think proper : Provi ded, Tliat the whole amount of such presents, and allowance to such agents, shall not exceed twenty tboufand dollars per annum. And be it further enafttd, That the fupe- I rior courts of each of the said territorial dif tri&s, and the circuit courts, and other courts of the United States of similar jurifdiftion in criminal causes, in each diflrift of the Uni ted States, into which any offender againfl this ast shall be firft brought, or in which he (hill be apprehended, shall have, and are thereby in veiled with full power and autho rity, to hear and determine all crimes, offen ces and misdemeanors against this ast; such courts proceeding therein, in the fame man ner, as if such crimes, offences and misde meanors had been committed within the bounds of their refpeftive diflrifts : Ard in all cases, where the punilhment lhall not be death, the county-courts of quarter-sessions in the said territorial diftri&s and thediftrift courts of the United States, in their refpec t|ve diftridts (hall have, and are hereby in vested with like power to hear and deter mine the fame. * And be it further enadted, That it (hall and may be lawful for the Prelident of the United States, and for the governors of such territorial diftrifts, refpeftively, on props to them made, that any citizen or citizens of the Uoiced States, or of the said diftrifts, or either of them, have been guilty of any of the said crimes, offences or roii'demeanors, 581 ■W_jp " ' r- ifl© Ar.j ffcttieraent, or tet; : t'O:; b*~ tt).->gihg to any nation or of Indians, to cauie such per (on or persons to he apprehend ed, and brought into either of the United States, qt of the (aid diflrifrs, and to be pro ceeded against in due courle of law. And in all cases, where the punishment (hall be death, it shall be lawful for the governor of the dif tritt, into which the offender may be firft brought, or in which he may be apprehended, to issue a commiflion of oyer and terminer to the superior judges of the district, who shall have full power and authority to hear and determine all such capital cafe??, in the fame manner, as the superior courts of such dif tridis have, in their ordinary feflions: And when the offender shall be brought into, or lhall be apprehended in any of the United States, except Kentucky, it shall be lawful for the Prelident of the United States, to issue a like commiflion to any t*Vo judges of the supreme court of the United States, and the judge of the diftri<st, in which the offender may have been apprehended or firft brought < which judges, or any two of shall have the fame jurisdiction in such capital cases, as the circtjit-cmjt t of fucti ard fliall proceed to trial and judgment, in the fhme manner, as such circuit-court might or could do. And be it further enabled, That a!l fines and forfeitures, which ihall accrue under this ast, (hall be, one half to the use of the infor mant, and the other half, to the use of the United States, except where the prosecution fliall be flrft instituted on behalf of the United States, in which cafe, the whole lhall be to their use. And be it further enabled, That nothing in this ast (hall be construed to prevent any trade or intercourse with Indians living on lands surrounded by settlements of the citi zens of the United States, and being within the jutifdiftionof any of the individual States. And be it further enacted, That all and every other ast and arts, coming within the purview of this ast, lhall be, and are hereby repealed. And be it further enacted, That this ast fliall be in force, for the term of two years, and from thence to the end of the then next feluq;i and no longer. " JO"MATH Alv TRtTMBULL, Speaker of the House oj Reprejentatives. JOHN LANGDON, Piejiderti pro tempore oj the Senate. APFROVED MARCH 1, 1793- GEO. WASHINGTON, Prefidcnt oj the United States. Abridgement of the NEW CONSTITUTION of FRANCE. THE object of all union of men in society, being the maintaining of natural, civil, and political rights, tbefe rights ought to be the b Cs of the social compact. The acknow ledgment and declaration of them ought to precede the constitution which allures the guarantee of them. Art. i. Natural, civil, and political rights, are liberty, equality, security, ami propertv, the social compift, and refiftancc of oppreltion. Art. 2. Liberty conlifts in tha power of doing every thing which is not contrary to the right of another. Thus the exercise of this aatijral right has no other limits than those which secure to the members of the fame society the enjoyment of the fame rights. Art. 3. Every citizen ought to ftibmit to the law, which is the exprelfion of the gene ral will. Whatever is not forbidden by the law, cannot be prohibited; and none can be constrained to do what it does not enjoin. Art. 4 Every man has the liberty of ma nifefting his thoughts and his opinions. Art. 5- The liberty of the Press, and e ve y other means of making known his senti ments, cannot be. forbidden, futpended, or limited- Art. 6. Every citizen is Iree 111 the exer. cife of his religion. Art. 7- Equality consists in the enjoy ment of the fame rights by every citizen. Art. 8. The law is equal to all, whether it protects or punilhes. Art. 9. All citizens are equally admissible to all appointments. Free people know no other motive of preference than the pre-emi nence of talents and virtue. Art. to. Security coufifts in the profefti ori granted to all the citizens, for the preser vation of their persons, of their fortunes, and of their rights. „ . n Ait. 11. None can be accused, stopped, or detained, but in cases fpecified by the law, and according to the forms it has prefcribod. Art. 12. The citizens against whom ar. hitrary acts may be exercised, have the rijht to resist them by force ; but every man accused or arretted in virtue of the law, ought to obey it instantly. He renders him felfguilty by resistance. (N. B. a mistake in the order.) Art. 13' Those whs solicit, expedite, ex ecute, or caufc to be executed, arbitrary or ders, are guilty, and ought to be puni(bed. [Whole No. 418.] •s\t* ijl. mn/r t-r> iSe ed innocent, till £»{'</'£ it'it is found arrt-ft Wmii, rigor not requilite to fecurfe his perlW oiu.ht :o he severely interdicted by Jjjjr Art. 15. None can be puniflji cUbu* in v'*v tue of a law established a , i promulgated a <- tcrior to the crime, and iegatty applied Art* 16. Every law which pum(hes crime; anterior to its promulgation i:; aj* arbitrary a6K Every retrofpeft effect of law i> a crime. Art. 17. The law ought only toinflift ne cessary panifliment proportioned to the crimes and ufeful to society. Art. 18. The right of property is, that every man may dispose of his fubltancc, his talents and his industry. Art. 19. No kind of labour or mduib'y is prohibited to citizens, who may buy, fell, or transport it freely. Art 23. A citizen, however, cannot fell himfelf, his person not being alienable pro perty. Art. 2r. None can be deprived of his right of property, but when putyic necefEty, legally proved, evidently demands !t> and on condition of a just and previous indemnity. Art. 22. No contribution can be leved but for the public good ; all citizens have a right to alfent to its eftablifliinent. Art. 23. Public inffcru&um is necessary to all. * Art. 24. Public succours are a debt due from society. Art. 95 The security of these rights is an ast of sovereignty. Art. 26. Sovereignty is one, indivisible, and imprefcriptable. Art. 27. It relides eflTentially in the peo ple. Each citizen is equally entitled Co e^t- ercife sovereignty. Art. 28. No individual, or any union cf citizens can arrogate to themfelvcs the ex ercise* of sovereignty. Art. 29. The facial tompadl cannot exist where the limits of power are not exa&ly fixed, an'd where agents are not made res ponsible for their conduit. Art. *30. All citizens are obliged to be aiding to the law. Art. 31. Men united in society ought to have a legal means of refitting oppreffiou. Art. 32. There is oppreflion when the law violates natural right. There is oppreP fion when the law is violated by the public functionaries. There is oppreflion when ar bitrary acts violate natural, civil and politi cal rights of citizens. The manner of rcfift ing oppreflion ought to be prefcrihed by the constitution. Art. 33. The people have tt» right of changing the constitution. One generation has no right to fubjeft to the constitution, fu ture generations. After the recognition of these rights, on which the government is founded, the French Nation is declared to form one indivisible Republic. The division into departments is retained ; each department is divided into communes 01- diftrifts, and each commune into municipal feftions and primary aflemblies. Primary Ajfemblics. In the primary aflemblies, every man aged 21 years has a right to vote, provided that his name is inscribed on the civic table, and that he lhall have resided one year in France. The primary aflemblies lhall be so distribu ted in each department, that none lhall con fid of less than 400, or 11, ore than 900 members j in each of the re a feleft commit tee is to be chosen by ballot, consisting of as many members as there are fifties of citizen? in the aflembly. In this committee, he who has the majori ty of votes (hall be president of the aflembly ; the three next 011 the lift (hall be secretaries. The duty of the l'eleft committee is to keep the records, and to arrange and submit the business to the aflembly. All ele&ions are to be carried on in those aflemblies. The intermediate, or e e&otal aiFemblier,, have no place in this code, The ele&ions are to be made by what is called a double scrutiny ; each gives in a signed lift of candidates equal to the number of places to be filled. These bulletins, or lifts of pre sentation, as they are termed, are Cent to the administration of each department.— They feleft a triple number of those candi dates who have most votes, and from those font back to the primary aflemblies; a defi nitive ele&ion is made, each citizen giving in as before a lift of the candidates to whom he gives his preference. In the deliberations of these aflemblies, the fame mode is to be followed as in the elec tions. The question is to be (haped so as to be answered by a simple negative or affirma tive. Oil the day appointed for the decision, each citizen gives in a faillrtin, or flip of paper, inscribed with his name, and the word yet or no. These are to be transmitted from the d'ftrift to the department, where the general result is to be ascertained. (T$ he etnehiti in cur r.tx',)
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