or declare any dividend which shall impair the said capital had been made to the commissioner, under the act of Constock, all the Directors present at the making or declar. gress of the 9th April, one thousand eight hundred and ing of said dividend, and consenting thereto, shall be liable, sixteen. The sum found due, if any thing, by the Third in iheir individual capacities, to the company, for the Auditor, under this act, and the acts referred to, to be paid amount or proportion of said capital stock, so divided by out of any money in the treasury not otherwise approthe said Directors; and each Director who shall be present priated. at the making or declaring of such dividend, shall be Approved : 3d March, 1829. deemed to have consented thereto, unless he shall immediately enter, in writing, his dissent, on the minutes of the AN ACT for the relief of Samuel Chesnut. proceedings of the board. Be it enacted, g-c. That the Secretary of the Treasury Sec. 12. And be it further enacted, That if any vacancy pay, out of any money in the treasury not otherwise apshall, at any time, happen among the Directors, by death, propriated. to Samuel Chesnut, the sum of eighty-five resignation, or otherwise, the rest of the Directors, for the dollars, the value of a horse lost by him while in the militime being, shall elect a Director to fill the vacancy. tary service of the United States, during the late war, by Sec. 13. And be it further enacted, That in case it reason of his being dismounted by order of Gov. Shelby, should, at any time, happen that an election of Directors at Poriage river, while on an expedition to Canada. should not be made on any day when pursuant to this act Approved : 3d March, 1829. it ought to have been made, the said corporation shall not, for that cause, be deemed to be dissolved; but it shall be AN ACT for the relief of the representatives of James A. lawful, on any other day, to hold and make an election of Harper, deceased. Directors at a meeting to be called in such inanner as shall be prescribed by the laws and ordinances of said corpora- pay to the legal representatives of James A. Harper, de Be it enacted, g-c. That the Secretary of the Treasury tion. Approved: 3d March, 1829. ceased, out of any money not otherwise appropriated, the sum of two hundred fifty-two dollars, and ninety-three AN ACT providing for ceding to the State of South Ca cents, for money expended by the said Harper, in the rerolina the jurisdiction over, and the title to, a certain cruiting service of the United States during the late war, tract of land, called Mount Dearborn, in the said State. and which is now due to said representatives, as it appears Be it enacted, 8c. That the Secretary of War be, and by a statement from the Treasury Department. he is hereby, authorized and required to appoint a com Approved: 31 March, 1829. missioner, to meet such commissioner as may be ap AN ACT for the relief of Thomas Hunt. pointed on the part of the State of South Carolina, to assess the value of a tract of land on the Catawba river, Be it enacted, fc. That the proper accounting officers at or near Rocky Mount, (and commonly known as Mount pay unto Thomas Hunt, or his legal representatives, out of Dearborn,) or so much thereof as in the opinion of the any money in the treasury not otherwise appropriated, the superintendent of public works in South Carolina may be sum of five hundred and five dollars and sixty-seven cents. important or necessary for the completion or preserva- in full for his pay and subsistence as an adjutant, with the tion of the public works of said State : and if said com pay and rank of a lieutenant, from the 21st of July, one missioners shall disagree as to the value of said land, they thousand eight hundred and twelve, to thirtieth April, one are hereby authorized to choose, jointly, a third commis- thousand eight hundred and thirteen. sioner, the assessment and valuation of any two of whom, Approved : 3d March, 1829. when certified under their hands and seals, shall be conclusive. AN ACT for the relief of William R. Maddox. Sec. 2. And be it further enacted, That so soon as the Be it enacted, g-c. That the proper accounting officers State of South Carolina shall pay into the Treasury of the pay unto William R. Maddox, out of any money in the United States the amount of such valuation, the Secretary treasury not otherwise appropriated, the sum of three of War be, and he is hereby, directed to convey to the hundred and four dollars and fifty-three cents, being in full State of South Carolina, all the right and title of the United for the balance of the price of sixty-seven thousand eight States in or to said land so assessed ; and from and after hundred and eighty-three bricks, delivered at the capitol the execution of said conveyance, the jurisdiction of the for the use of the United States, in the year one thousand United States over the soil so conveyed, be, and the same eight hundred and twenty. is hereby, retroceded to the State of South Carolina. Approved : 3d March, 1829. Approved : 3d March, 1829. AN ACT for the relief of Joshua Foltz. AN ACT for the relief of Charles A. Burnett. Be it enacted, fc. That the proper accounting officers Be it enacted, g-c. That the Secretary of the Treasury of the treasury be, and they are hereby, required to settle pay to Charles A. Burnett, out of any money in the Trea- and adjust the account of Joshua Foltz, and to allow him sury not otherwise appropriated, the sum of tifty-nine dol- for ten months' services as a wagoner in the revolutionary lars, sixty-one and a half cents, the balance due him for war; to be paid out of any money in the treasury not work done, and articles furnished for the President's House, otherwise appropriated. during the administration of James Monroe. Approved : 3d March, 1829. Approved : 3d March, 1829. AN ACT concerning the government and discipline of the AN ACT for the relief of the legal representatives of Penitentiary in the District of Columbia. John Guest, deceased. Be it enacted, dc. That the Penitentiary erected in the Be it enacted, g-c. That the Third Auditor of the Trea- city of Washington, in pursuance of “ An act to provide sury Department is hereby authorized to settle and adjust for erecting a Penitentiary in the District of Columbia, the claim of the legal representatives of John Guest, de- and for other purposes,” passed twentieth May, eighteen ceased, for a frame house and brick office, burnt in the town hundred and iwenty-six, shall be designated and known of Havre de Grace, in the State of Maryland, in the year as the Penitentiary for the District of Columbia, and one thousand eight hundred and thirteen, by the British, shall be exclusively appropriated to the confining such upon the principles of the act of third March, one thousand persons as may be convicted of offences which now are, eight hundred and twenty-five, the same as if application or may hereafter be, punishable with imprisonment and 1 labor, under the laws of the United States, or of the Dis- rules, by-laws, and discipline; he shall make out and deliver trict of Columbia. to the inspectors, at each of their monthly meetings, an acSec. 2. And be it further enacted, That it shall be the count of all moneys received and expended by him on acduty of the President of the United States to appoint, annu count of the penitentiary during the preceding month, speally, five respectable inhabitants of the District of Columbia cifying from whom received, and to whom paid, and for to be inspectors of the said penitentiary, who shall several- what; which account shall be sworn to by the warden, and ly hold their offices for one year from the date of their ap- carefully filed and preserved among the papers of the pointment. board of inspectors. He shall, also, on the first Monday Sec. 3. And be it further enacted, That the President of January, April , July, and October, in each year, make shall also appoint one warden of the said penitentiary, who out and exhibit to the proper accounting officer of the shall hold his office during the pleasure of the President. Treasury Department, an account of all moneys received Sec. 4. And be it further enacted, That said inspectors and paid on account of the penitentiary for the last three shall hold their first meeting within ten days after their months, specifying from whom received, to whom paid, appointment ; they shall appoint one of their number to and for what, and shall settle the same with the said debe their Secretary, who shall keep regular records of partment. their proceedings; a majority shall be a quorum for the Sec. 7. And be it further enacted, That the warden, betransaction of all business, and all questions shall be decid- fore he enters upon the duties of his office, shall give bond ed by a majority of those present ; they shall hold regular to the United States, with sufficient security, to be approymeetings of the board at least once in every month, and ed by the inspectors of the penitentiary, in such sum as oftener if they shall find it necessary; they shall, singly, in they shall direct, conditioned that he will faithfully perform turns, visit and inspect the penitentiary, at least once in the duties of his office, and truly account for all goods, each week, upon some stated day, to be fixed by their by- money, or other articles belonging to the United States, or laws; they shall direct in what labor the convicts shall be to individuals, which may, in the discharge of the duties employed ; it shall be their duty to prepare a system of and trusts of his office, come into his custody, and pay or rules and regulations, minutely providing for the disci- deliver the same over to the United States, or such persons pline, health, and cleanliness of the penitentiary, the hours as may be legally entitled thereto, whenever he shall be of labor, meals, and confinement, the government and be lawfully required ; which bond may be sued in the name havior of the officers and convicts, so as best to carry into of the United States, for the use of the United States, or effect the several directions and requisitions of this act ; any individual, who may have a claim thereon, as often as they shall take care that these rules and regulations be the said condition may be broken; provided such suit shall made known to the officers of the prison, and the convicis, be brought against the security within six years of the time and that the strictest obedience be paid thereto ; they when the cause of action accrued. shall provide that the strictest attention be paid to pre SEC. 8. And be it further enacted, That, if the warden serve cleanliness throughout the buildings, kitchens, cells, of the said penitentiary shall have any interest himself in bedding, and, as far as may be, in the persons and clothing any contracı made by him touching the affairs of the peniof the convicts; they shall appoint, and at their pleasure tentiary, with a view of gaining for himself, either directly remove, such keepers, and other inferior officers and ser or indirectly, any profit or advantage thereby, he shall be vants, as may be required for the service and government deemed guilty of a misdemeanor, and he shall, on conof the penitentiary ; they shall, from time to time, inspect viction thereof, be punished by fine, not exceeding two the accounts of the penitentiary, and shall see that the affairs thousand dollars, and be dismissed from office, and every thereof are conducted with economy and integrity ; they such contract may be declared void by the said inspectors. shall, in the month of January, in every year, report to Sec. 9. And be it further enacted, That the said inspecCongress a detailed account of the expenses and income ors shall not be concerned in any contract touching the of the penitentiary, the number of convicts received, disc affairs of the said penitentiary ; but if any such contract charged, or deceased, during the year, the rules and by- shall be at any time made, in which the said inspectors, or laws passed, altered, or repealed, within such year, and any of them, have, directly or indirectly, any interest, the such other matters relating to the discipline and manage- same, so far as relates to that interest, shall be wholly null ment of the prison, as may be proper to make known its and void. state and condition ; and it shall be their duty so to manage Sec. 10. And be it further enacted, That all suits that the affairs of the penitentiary, if it be possible, that the may be necessary to be brought for any matter or thing reproceeds of the labor of the said convicts shall pay all the lating to the affairs of the said prison, shall be brought in the expenses of the said penitentiary, and more: but nothing name of the United States, whether the contract on which herein contained shall prevent the said inspectors from such suit is founded be made in their name or not. employing the said convicts in labor for the United States. Sec. 11. And be it further enacted, That the male and feAnd if the said penitentiary shall fail to support itself, it male convicts confined in the said penitentiary shall be kept, shall be the duty of the said inspectors to state, in their and shall labor, wholly separate and apart from each other. annual report to Congress, what they suppose to be the Every convict shall be confined singly in a separate cell at reason of such failure. night, and at such times of the day as he or she may be unSec. 5. And be it further enacted, That the warden shall employed in labor, except at such hours and places as may receive a salary of iwelve hundred dollars a year. The be specially assigned, by the rules of the penitentiary, for other officers and servants of the penitentiary shall receive religious or other instruction, or for meals, or when transsuch annual or monthly pay as the inspectors shall direct. ferred to the infirmary on account of sickness, upon the Sec. 6. And be it further enacted, That it shall be the recommendation of the physician. Each convict, imduty of the warden to keep accurate accounts of all ma- mediately upon being received into the penitentiary, shall terials bought or furnished for the use or labor of the con- be thoroughly cleansed with warm water and soap, and victs, and, also, of the proceeds of their labor ; he shall shall have the hair cut close ; and the warden and other make all contracts and purchases for the supplies neces officers shall take the strictest precautions to guard against sary for the penitentiary; he shall have power to let out the the introduction of any infectious or contagious disease, labor of the convicts by contract, subject always, however, from the persons or clothing of such convicts ; which preto the rules and discipline of the penitentiary; he shall, cautions it shall be the duty of the inspectors to regulate, under the superintendence and inspection of the inspec- and prescribe in their by-laws. A descriptive list of the tors, oversee and manage all the affairs of the penitentia- names, ages, persons, crimes, and sentences of the conry, and shall be responsible for the due enforcement of its vict, shall be kept by the warden, and such description Vol. V.-K shall be entered immediately upon the reception of each ligious worship, and moral and religious instruction, subject, convict. The convicts shall be clothed at the public ex- however, to general rules, not inconsistent with the discipense during the whole time of their confinement, in ha- pline heretofore prescribed. bits of course and cheap materials, uniform in color and Sec. 15. And be it further enacted, That no person shall make ; and so striped, or otherwise conspicuously marked, be permitted 10 visit ne said penitentiary, without a writas may clearly distinguish them from the ordinary dress of ten order from one or more of the said inspectors, except other persons. Their bedding, and other personal ac the President of the United States, the Secretaries of the commodation, shall be of the cheapest and coarsest kind, several departments of the Government, members of Conconsistent with use and durability. The convicts shall be gress, and the Judges of the courts of the United States. fed on the cheapest food, which will support health and Sec. 16. And be it further enacted, That, if any keeper, strength, with as little change or variety in the said diet, assistant keeper, or oiher officer, or servant, employed in, as may be consistent with the health of the convicts, and or about, the said penitentiary, shall convey out of, or bring the economy of the penitentiary. They shall be kept, as into, the penitentiary, to or from any convict confined far as may be consistent with their age, health, sex, and there, any letter or writing, or shall bring into the said ability, to labor of the hardest and most servile kind, and, penitentiary, to sell or give away, any spirituous or vinous as far as may be, uniform in its nature, and of a kind where liquors, or any other thing whatsoever, without the conthe work is least liable to be spoiled by ignorance, neglect, sent, in writing, previously obtained, of the said inspectors, or obstinacy, or the materials to be injured, stolen, or de every such person, so offending, shall be deemed guilty of stroyed. They shall not, at any time, be permitted to misdemeanor, and shall, on conviction thereof, be punished converse with one another, or with strangers, except by by fine, not exceeding five hundred dollars, and imprisonthe special permission, and in presence of some officer of ment in the jail of the county, for any time not' exceeding the prison, as may be regulated by the by-laws; they shall one year. be made to labor diligently, in silence, and with strict obe Sec. 17. And be it further enacted, That the inspectors dience. shall prescribe, and it shall be the duty of the warded rigidSec. 12. And he it further enacted, That the warden | ly to enforce, such rules for the government of the subordiof the said penitentiary shall have power to punish any nate officers of the penitentiary, as may prevent all tyranconvict in the penitentiary, who shall wilfully violate, ornical or violent behavior to the convicts, or ali conversa refuse to obey, the rules of the penitentiary, or to perform tions between them and the convicts, or with each other, the work assigned him, or who shall resist by violence any within their hearing, except for necessary purposes, and of the officers of the penitentiary in the exercise of their may best preserve order, silence, sobriety, and gravity of lawful authority, or shall wilfully destroy any property, deportment throughout the establishment. tools, or materials; and it shall be the duty of the said Sec. 18. And be it further enacted, That, in case of the warden to inflict such punishment, either by confinement in death of the warden, or the temporary vacancy of his office, solitary cells, by diet on bread and water, by putting such or his absence, sickness, or other disability, such keeper, convicts in irons, or in the stocks; but all such punishments or other officer, as may be especially designated by the inshall be regularly reported to the visiting inspectors at the spectors, shall have power to exercise the authority and next weekly visitation, and to the board of inspectors at discharge the several duties of the warden, as prescribed by their monthly meeting ; and it shall be the duty of the in- this act, and the rules of the penitentiary. spectors to adopt and enforce special rules and by-laws, Sec. 19 And be it further enacted, That the sum o regulating the time, measure, extent, and mode of such twenty-seven thousand dollars be, and the same is hereby' punishments, in relation to the several offences against the appropriated, out of any money in the treasury not otherdiscipline of the penitentiary, and to report the same in wise appropriated, for the purpose of carrying this act into their annual report to Congress, whenever they shall be effect, and for completing the said penitentiary, and preadopted, altered, or repealed. paring it for the reception of convicts. Sec. 13. And be it further enacted, That the inspectors Approved: 31 March, 1829. shall appoint one regularly practising physician to be the physician and surgeon of the penitentiary, whose duty it RESOLUTION amendatory of a Joint Resolution passed shall be to visit the penitentiary at such times as may be third March, one thousand eight hundred and nineteen. prescribed by the inspectors, and to render all medical and Resolved by the Senate and House of Representatives of surgical aid which may be necessary. One apartment, or more, as may be needed, shall be fitted up as an infirmary; within thirty days before the adjournment of every Congress, the United States of America in Congress assembled, That, and, in case of sickness of any convict, he or she, upon ex-each House shall proceed to vote for a printer to execute amination of the physician, shall, upon his order, be re its work for and duriug the succeeding Congress, and the moved to the infirmary, and the name of such convict shall person having the majority of all the votes given shall be be entered in a hospital book, to be kept for that purpose; considered duly elected ; and that so much of the resoluand whenever the physician shall report to the warden that tion, approved the third day of March, one thousand eight such convict is in a proper state to return to the ordinary hundred and nineteen, entitled “a resolution directing -employment of the prison, such report shall be duly entered the manner in which the printing of Congress should be in the same book, and the convict shall return to the ordi- executed, fixing the prices thereof, and providing for the inary discipline of the penitentiary, so far as may be consistent with his or her health and strength. Special rules this resolution, be, and the same is hereby, rescinded. appointment of a printer or printers," as it is altered by for the order and government of the infirmary, shall be Approved : 5th February, 1829. made and enforced by the inspectors; and nothing in this act contained shall be construed to forbid any such relaxation of the general discipline of the penitentiary, as may be RESOLUTION in relation to the survey and laying out a required for the sick. military road in the State of Maine. Sec. 14. And be it further enacted, That the inspectors Resolved g-c., That the President of the United States be, shall have power, and it is hereby made their duty, to pro- and he hereby is, authorized, if it shall seem to him necesvide for the separate labor and instruction of any convict sary for maintaining the rights, and not inconsistent with under the age of fourteen years, and to make and enforce the engagements of the United States, to cause to be sursuch rules and regulations therefor, as may, in their judg- veyed and laid out, a military road, to be continued from -ment, most conduce to the reformation and instruction of Mars' Hill, or such other point on the military road already such youthful convicts, anything in this act to the contrary laid out in the State of Maine, as he may think proper, to notwithstanding. They shall also have power, and it shall the mouth of the river Madawaska, in the State of Maine. be their duty, to provide for all the convicts the means of re Approved : 2d March, 1829. INDEX TO THE DEBATES IN THE SENATE. Adjoumment, joint committee appointed to wait upon the Land claims in Missouri, bill for final adjustment of, taken up, 44 ; amended and ordered to third reading, 44. ordered to be engrossed, 9. Louisville and Portland canal, bill authorizing a subscrip- tion to the stock of, taken up, 47 ; motion to postpone, 48; negatived and ordered to a third reading, 49. the claims of, taken up and postponed, 35 ; again taken up, 44; ordered to a third reading, 46. Claims.) pointment of the King of the Netherlands as um- pire, &c. taken up and agreed to, 43. Pacific Ocean. (See Exploring Expedition.) given to the, 64; motion to lay the resolution on the table, 65; motion withdrawn, 65; motion to lay on the table again renewed and withdrawn, 66; motion to lay on the table negatived, 68 ; debate thereon, 69; laid on the table, 70. instructions to the ministers to, communicated and referred, 74; motion to print debated, 75 to 80; motion negatived and documents transferred to executive journal, 80; motion to refer to com- mittee, 93 ; motion withdrawn, 94 ; motion to re- move the injunction of secresy and to publish, 94 ; to lay the motion on the table, 94 ; propositions to amend, 94, 95 ; resolution amended and adopt- ed, 95. (See Appendix, 38.) Pensions to revolutionary officers and soldiers, a bill grant- ing, introduced, 3; taken up, 63 ; debate there- widows, introduced, 3; taken up, 70; motion to lay on the table negatived, 71, 72; amendments proposed, 71, 72, 73 ; laid on the table, 73; mo- tion to take up the bill negatived, 73. Electoral Votes.) announcing his readiness to take the oath pre- scribed by the constitution, 73 ; committee of ar- rangements appointed for the purpose, 73. tions given to Panamna ministers, 74. ed, 2 , taken up, and propositions to amend, 3 ; ordered to be engrossed, 8. the debt due by purchasers of, taken up, 60; motion to commit, 60; motion withdrawn, 60; ordered to a third reading, 60. debate thereon, 26 to 35; proposition to strike out second section, 34; proposition to lay the bill on the table negatived , 40 ; to postpone indefi- nitely, 40 ; motion withdrawn, 42 : proposition to refer the bill to a select committee agreed to, 42. on, 64. Revolutionary Pension bill from the House of Representa- | Sugar, drawback on refined. (See Drawback.) tives, read the first time and laid on the table, 63. Treasury, annual report of the Secretary of, communi- cated, 2. on refined sugar, 17. on laying bill on the table to extend Cumberland road westwardly from Zanesville, 43. Maison Rouge et al., 46 bill, 49. on third reading Chesapeake and Delaware canal bill, 63. Representatives on the table, 63. structions given to the Panama ministers, 68,70 ; on taking up motion to print the instructions, 77; on the question to print, 80. tion to, 94, 95. lutionary officers and soldiers, 71, 72. the relief of revolutionary officers and soldiers, 72. on amendments to Cumberland road bill, 74. presented, 53 ; debate thereon, 53 to 58; ordered on the nomination of John J. Crittenden to be an associate justice of the Supreme Court, 81. INDEX TO THE DEBATES IN THE HOUSE OF REPRESENTATIVES. Acts of Congress passed during the session. (See Appen- 361 ; further amendments proposed and debated, 362 to 371 ; amendments laid on the table, 371. of widening and improving it, in the State of In- diana, 96. bill for the preservation and repair of, taken up and amended, 191 ; again taken up, amended, and laid aside, 215; further amendments proposed, and bill postponed, 215; again taken up, and de- bate thereon, 240 to 244, 247, 256, 266, 273 to 296, 298 to 309, 320, 322 to 337 ; motion to amend, 337 ; further debate thereon, 337 to 350 ; motion to discharge the committee of the whole, 351 ; amendments negatived, and bill reported to the House, 351 ; further amendments proposed and debated, 351 to 359, 360, 361; bill ordered to a third reading, 361 ; bill returned from the Senate with amendments, 385; motion to dis- agree to the amendments, 385; motion to post- pone indefinitely, 385; to lay on the table nega- tived, 385; motion to postpone withdrawn, 385; amendments of the Senate agreed to, 386. settlement of, taken up and recommitted, 266. Documents. (See Congressional Documents.) dise may exported with the benefit of, taken up and ordered to a third reading, 97; passed 99; returned from Senate with amendments, and amendments concurred in 144. 97; motions to amend debated, 100 to 111; or- dered to a third reading, 111; again taken up, 112; passed, 119; an amendment of the Senate concurred in, 167. eflects of allowing credit on, 99 ; laid on the ta- ble, 100. |