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',)