Full text of Funding Act of 1790
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FIRST CONGRESS. 138 Sales o f lands by Indians, in what cases va lid. Offences com mitted within the Indian ter ritory, how to be punished. Proceedings therein. A ct o f Sep. 24, 1789. Continuance o f this act. St a t u t e S ess . II. Ch. 34. 1790. with such merchandise in his possession as are usually vended to the Indians, without a license first had and obtained, as in this act pre scribed, and being thereof convicted in any court proper to try the same, shall forfeit all the merchandise so offered for sale to the Indian tribes, or so found in the Indian country, which forfeiture shall be one half to the benefit of the person prosecuting, and the other half to the benefit o f the United States. S e c . 4. And be it enacted and declared, That no sale of lands made by any Indians, or any nation or tribe o f Indians within the United States, shall be valid to any person or persons, or to any state, whether having the right o f pre-emption to such lands or not, unless the same shall be made and duly executed at some public treaty, held under the authority o f the United States. S e c . 5. And be it further enacted, That if any citizen or inhabitant o f the United States, or o f either of the territorial districts of the United States, shall go into any town, settlement or territory belonging to any nation or tribe of Indians, and shall there commit any crime upon, or trespass against, the person or property o f any peaceable and friendly Indian or Indians, which, if committed within the jurisdiction of any state, or within the jurisdiction o f either o f the said districts, against a citizen or white inhabitant thereof, would be punishable by the laws of such state or district, such offender or offenders shall be subject to the same punishment, and shall be proceeded against in the same manner as if the offence had been committed within the jurisdiction of the state or district to which he or they may belong, against a citizen or white in habitant thereof. S e c . 6. And be it farther enacted, That for any of the crimes or offences aforesaid, the like proceedings shall be had for apprehending, imprisoning or bailing the offender, as the case may be, and for recog nizing the witnesses for their appearance to testify in the case, and where the offender shall be committed, or the witnesses shall be in a district other than that in which the offence is to be tried, for the removal of the offen der and the witnesses or either o f them, as the case may be, to the dis trict in which the trial is to be had, as by the act to establish the judicial courts o f the United States, are directed for any crimes or offences against the United States. S e c . 7. And be it further enacted, That this act shall be in force for the term o f two years, and from thence to the end of the next session o f Congress, and no longer. A p p r o v e d , July 22, 1790. II. August 4 , 1790. [Obsolete.] Recital. Duties on im ports and ton nage appropria ted to pay inte rest on the for eign debt and future loans, reserving C hap. X X X IV .—An Act making provision fo r the [-payment of the\ Debt of the United States.{a) W h e r e a s , justice and the support o f public credit require, that pro vision should be made for fulfilling the engagements of the United States, in respect to their foreign debt, and for funding their domestic debt upon equitable and satisfactory terms: S e c t i o n 1. Be it enacted by the Senate and House o f Representatives o f the United States o f America in Congress assembled, That reserv ing out of the monies which have arisen since the last day of Decem ber last past, and which shall hereafter arise from the duties on goods, wares and merchandise imported into the United States, and on the tonnage o f ships or vessels, the yearly sum o f six hundred thousand (<i) The acts making provision for the debt o f the United States, contracted during the war o f the revo lution, have been: Act o f August 4, 1790, chap. 3 4 ; act o f August 10, 1790, chap. 39 ; act o f December 27, 1790, chap. 1 ; act o f August 12, 1790, chap. 4 7 ; act o f May 8, 1792, chap. 38 ; act o f March A 1793, chap. 2 5 ; act o f May 30, 1794, chap. 36; act o f January 28, 1795, chap. 13; act o f February w, 1796, chap. 2 j act o f March 3, 1797, chap. 2 5 ; act o f March 3, 1791, chap. 25. FIRST CONGRESS. S ess. II. Ch. 34. 1790. dollars, or so much thereof as may be appropriated from time to time, towards the support o f the government o f the United States, and their common defence, the residue o f the said monies, or so much thereof, as may be necessary, as the same shall be received in each year, next after the sum reserved as aforesaid, shall be, and is hereby appropriated to the payment o f the interest which shall from time to time become due on the loans heretofore made by the United States in foreign countries; and also to the payment o f interest on such further loans as may be ob tained for discharging the arrears o f interest thereupon, and the whole or any part o f the principal thereof; to continue so appropriated until the said loans, as well those already made as those which may be made in virtue of this act, shall be fully satisfied, pursuant to the contracts re lating to the same, any law to the contrary notwithstanding. And pro vided, That nothing herein contained, shall be construed to annul or alter any appropriation by law made prior to the passing o f this act. And as new loans are and will be necessary for the payment o f the aforesaid arrears o f interest, and the instalments o f the principal o f the said foreign debt due and growing due, and may also be found expe dient for effecting an entire alteration in the state o f the same: S e c . 2. B e it further enacted, That the President o f the United States be, and he is hereby authorized, to cause to be borrowed on behalf o f the United States, a sum or sums, not exceeding in the whole twelve million o f dollars; and that so much o f this sum as may be necessary to the discharge o f the said arrears and instalments, and (if it can be effected upon terms advantageous to the United States) to the paying off the whole o f the said foreign debt, be appropriated solely to those purposes: And the President is moreover further authorized to cause to be made such other contracts respecting the said debt as shall be found for the interest o f the said States. Provided nevertheless, That no en gagement nor contract shall be entered into which shall preclude the United States from reimbursing any sum or sums borrowed within fifteen years after the same shall have been lent or advanced. And whereas it is desirable to adapt the nature o f the provision to be made for the domestic debt to the present circumstances of the United States, as far as it shall be found practicable, consistently with good faith and the rights o f the creditors; which can only be done by a voluntary loan on their part: S e c . 3. B e it therefore further enacted, That a loan to the full amount of the said domestic debt be, and the same is hereby proposed; and that books for receiving subscriptions to the said loan be opened at the treasury o f the United States, and by a commissioner to be ap pointed in each o f the said states, on the first day o f October next, to continue open until the last day o f September following, inclusively; and that the sums which shall be subscribed thereto, be payable in cer tificates issued for the said debt, according to their specie value, and computing the interest upon such as bear interest to the last day o f De cember next, inclusively; which said certificates shall be o f these several descriptions, to w it: Those issued by the register o f the treasury. Those issued by the commissioners o f loans in the several states, in cluding certificates given pursuant to the act of Congress of the second o f January, one thousand seven hundred and seventy-nine, for bills of credit of the several emissions o f the twentieth o f May, one thousand seven hundred and seventy-seven, and the eleventh o f April, one thou sand seven hundred and seventy-eight. Those issued by the commissioners for the adjustment o f the accounts of the quartermaster, commissary, hospital, clothing, and marine depart ments. 139 600,000 dol lars annually for support o f goveminent. For payment o f interest and instalments o f foreign debt. President may make new loans and contracts. Domestic debt to be loaned to its full amount, and subscrip tions thereto, how to be made; in what payable. 140 Subscribers paying in prin cipal o f domes tic debt, what proportions o f principal, rate o f interest and terms o f pay ment entitled to. Subscribers paying in inter est o f domestic debt, what pro portions o f prin cipal, rate o f in terest, and terms o f pay ment entitled to. Commissioner to be appointed in each state to receive sub scriptions, &c. FIRST CONGRESS. S e ss. II. C h . 34. 1790. Those issued by the commissioners for the adjustment of accounts in the respective states. Those issued by the late and present paymaster-general, or commis sioner o f army accounts. Those issued for the payment o f interest, commonly called indents of interest. And in the bills o f credit issued by the authority of the United States in Congress assembled, at the rate of one hundred dollars in the said bills, for one dollar in specie. S e c . 4. And be it further enacted, That for the whole or any part of any sum subscribed to the said loan, by any person or persons, or body politic, which shall be paid in the principal o f the said domestic debt, the subscriber or subscribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her, or their assigns, a sum to be expressed therein, equal to two thirds of the sum so paid, bearing an interest o f six per centum per annum, payable quarter yearly, and subject to redemption by payments not exceeding in one year, on account both o f principal and interest, the proportion of eight dollars upon a hundred o f the sum mentioned in such certificate; and to another certificate purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to the proportion o f thirty-three dollars and one third of a dollar upon a hundred o f the sum so paid, which after the year one thousand eight hundred shall bear an interest o f six per centum per an num, payable quarter yearly, and subject to redemption by payments not exceeding in one year, on account both o f principal and interest, the proportion of eight dollars upon a hundred o f the sum mentioned in such certificate: Provided, That it shall not be understood that the United States shall be bound or obliged to redeem in the proportion aforesaid; but it shall be understood only that they have a right so to do. S e c . 5. And be it further enacted, That for the whole or any part of any sum subscribed to the said loan by any person or persons, or body politic, which shall be paid in the interest o f the said domestic debt, computed to the said last day o f December next, or in the said certifi cates issued in payment o f interest, commonly called indents of interest, the subscriber or subscribers shall be entitled to a certificate purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be specified therein, equal to that by him, her or them so paid, bearing an interest o f three per centum per annum, paya ble quarter yearly, and subject to redemption by payment of the sum specified therein, whenever provision shall be made by law for that pur pose. S e c . 6. And be it further enacted, That a commissioner be appointed for each state, to reside therein, whose duty it shall be to superintend the subscriptions to the said loan; to open books for the same; to re ceive the certificates which shall be presented in payment thereof; to liquidate the specie value o f such o f them as shall not have been before liquidated; to issue the certificates above mentioned in lieu thereof, ac cording to the terms of each subscription; to enter in books to be by him kept for that purpose, credits to the respective subscribers to the said loan for the sums to which they shall be respectively entitled; to transfer the said credits upon the said books from time to time as shall be requisite; to pay the interest thereupon as the same shall become due, and generally to observe and perform such directions and regula tions as shall be prescribed to him by the Secretary of the Treasury, touching the execution o f his office. S e c . 7. And be it further enacted, That the stock which shall be created pursuant to this act, shall be transferable only on the books of FIRST CONGRESS. S ess. II. Ch. 34. 1790. the treasury, or o f the said commissioners respectively, upon which the credit for the same shall exist at the time o f transfer, by the proprie tor or proprietors o f such stock, his, her or their attorney: but it shall be lawful for the Secretary o f the Treasury, by special warrant under his hand and the seal o f the treasury, countersigned by the comptroller, and registered by the register, at the request of the respective proprie tors, to authorize the transfer o f such stock from the books of one com missioner to those o f another commissioner, or to those o f the treasury, and from those o f the treasury to those o f a commissioner. ’ S e c . 8 . And be it further enacted, That the interest upon the said stock, as the same shall become due, shall be payable quarter yearly — that is to say : One fourth part thereof on the last day of March: one other fourth part thereof on the last day o f June: one other fourth part thereof on the last day of September; and the remaining fourth part thereof on the last day of December in each year, beginning on the last day of March next ensuing; and payment shall be made wheresoever the credit for the said stock shall exist at the time such interest shall become due— that is to say: At the treasury, if the credit for the same shall then exist on the books o f the treasury, or at the office of the com missioner upon whose books such credit shall then exist. But if the interest for one quarter shall not be demanded before the expiration of a third quarter, the same shall be afterwards demandable only at the treasury. And as it may happen that some of the creditors o f the United States may not think fit to become subscribers to the said loan: S e c . 9. B e it further enacted, That nothing in this act contained shall be construed in any wise to alter, abridge or impair the rights o f those creditors of the United States, who shall not subscribe to the said loan, or the contracts upon which their respective claims are founded; but the said contracts and rights shall remain in full force and virtue. And that such creditors may not be excluded from a participation in the benefit hereby intended to the creditors of the United States in gene ral, while the said proposed loan shall be depending, and until it shall appear from the event thereof what farther or other arrangements may be necessary respecting the said domestic debt: S e c . 10. B e it therefore further enacted, That such o f the creditors of the United States as may not subscribe to the said loan, shall never theless receive during the year one thousand seven hundred and ninetyone, a rate per centum on the respective amounts o f their respective demands, including interest to the last day of December next, equal to the interest payable to subscribing creditors, to be paid at the same times, at the same places, and by the same persons as is herein before directed, concerning the interest on the stock which may be created in virtue of the said proposed loan. But as some o f the certificates now in circulation have not heretofore been liquidated to specie value, as most of them are greatly subject to counterfeit, and counterfeits have actually taken place in numerous instances, and as embarrassment and imposition might, for these reasons, attend the payment of interest on those certificates in their present form, it shall therefore be necessary to entitle the said creditors to the benefit of the said payment, that those o f them who do not possess certificates issued by the register o f the treasury, for the registered debt, should produce previous to the first day of June next, their respective certificates, either at the treasury of the United States, or to some one o f the commissioners to be appointed as aforesaid, to the end that the same may be cancelled, and other cer tificates issued in lieu thereof; which new certificates shall specify the specie amount o f those in exchange for which they are given, and shall be otherwise of the like tenor with those heretofore issued by the said register of the treasury for the said registered debt, and shall be trans 141 Stock created by this act, how transferable, and interest thereon payable quarterly. Non-subscrib ing creditors, their rights not to be impaired, and to be paid a rate per cent, on tho amount o f their demands equal to the interest allowed to sub scribing credi tors. All certificates in circulation, to be cancelled and new ones issued. 142 Commissioners their salaries, to take an oath and enter into bond. State debts assumed, to amount o f 821,500,000 and a loan pro posed, payable in certificates o f the states, not exceeding a certain sum in each. FIRST CONGRESS. S e ss . II. Ch. 34. 1790. ferable on the like principles with those directed to be issued on account o f the subscriptions to the loan hereby proposed. S e c . 11. And be it further enacted, That the commissioners who shall be appointed pursuant to this act, shall respectively be entitled to the following yearly salaries, that is to say : The commissioner for the state o f New Hampshire, six hundred and fifty dollars: The commissioner for the state o f Massachusetts, fifteen hundred dollars: The commis sioner for the state o f Rhode Island and Providence Plantations, six hundred dollars: The commissioner for the state o f Connecticut, one thousand dollars: The commissioner for the state o f New York, fifteen hundred dollars: The commissioner for the state o f New Jersey, seven hundred dollars: The commissioner for the state o f Pennsylvania, fif teen hundred dollars: The commissioner for the state of Delaware, six hundred dollars: The commissioner for the state o f Maryland, one thou sand dollars: The commissioner for the state o f Virginia, fifteen hun dred dollars: The commissioner for the state o f North Carolina, one thousand dollars: The commissioner for the state of South Carolina, one thousand dollars: The commissioner for the state of Georgia, seven hundred dollars: Which salaries shall be in full compensation for all services and expenses. S e c . 12. And be it further enacted, That the said commissioners, be fore they enter upon the execution o f their several offices, shall respect ively take an oath or affirmation for the diligent and faithful execution o f their trust, and shall also become bound with one or more sureties to the satisfaction o f the Secretary o f the Treasury, in a penalty not less [than] five thousand, nor more than ten thousand dollars, with condition for their good behaviour in their said offices respectively. And whereas a provision for the debts of the respective states by the United States, would be greatly conducive to an orderly, economical and effectual arrangement of the public finances: S e c . 13. He it therefore further enacted, That a loan be proposed to the amount o f twenty-one million and five hundred thousand dollars, and that subscriptions to the said loan be received at the same times and places, and by the same persons, as in respect to the loan herein befofe proposed concerning the domestic debt of the United States. And that the sums which shall be subscribed to the said loan, shall be payable in the principal and interest o f the certificates or notes, which prior to the first day of January last, were issued by the respective states, as acknowledgments or evidences o f debts by them respectively owing, except certificates issued by the commissioners o f army accounts in the state of North Carolina, in the year one thousand seven hundred and eighty-six. Provided, That no greater sum shall be received in the certificates o f any state than as follows; that is to say: In those o f New Hampshire, three hundred thousand dollars. In those o f Massachusetts, four million dollars. In those o f Rhode Wand and Providence Plantations, two hundred thousand dollars. In those o f Connecticut, one million six hundred thousand dollars. In those o f New York, one million two hundred thousand dollars. In those o f New Jersey, eight hundred thousand dollars. In those o f Pennsylvania, two million two hundred thousand dollars. In those o f Delaware, two hundred thousand dollars. In those o f Maryland, eight hundred thousand dollars. In those o f Virginia, three million five hundred thousand dollars. In those o f North Carolina, two million four hundred thousand dol* Jars. In those o f South Carolina, four million dollars. In those o f Georgia, three hundred thousand dollars. FIRST CONGRESS. S e ss . II. C h. 34. 1790. 143 And ■provided, That no such certificate shall be received, which from What eertifithe tenor thereof, or from any public record, act, or document, shall cates shall not appear or can be ascertained to have been issued for any purpose, other be received. than compensations and expenditures for services or supplies towards the prosecution o f the late war, and the defence o f the United States, or o f some part thereof during the same. S e c . 14. Provided also, and be it further enacted, That if the total Subscriptions amount of the sums which shall be subscribed to the said loan in the exceeding the sum allowed to debt of any state, within the time limited for receiving subscriptions any state, what thereto, shall exceed the sum by this act allowed to be subscribed within proportion shall such state, the certificates and credits granted to the respective sub be paid. scribers, shall bear such proportion to the sums by them respectively subscribed, as the total amount o f the said sums shall bear to the whole sum so allowed to be subscribed in the debt o f such state within the same. And every subscriber to the said loan shall, at the time o f sub scribing, deposit with the commissioner the certificates or notes to be loaned by him. Subscribers to S e c . 15. And he it further enacted, That for two thirds o f any sum sub said loan, what scribed to the said loan, by any person or persons, or body politic, which proportion of shall be paid in the principal and interest of the certificates or notes principal, rate issued as aforesaid by the respective states, the subscriber or subscribers o f interest, and o f pay shall be entitled to a certificate, purporting that the United States owe terms ment entitled to the holder or holders thereof, or his, her or their assigns, a sum to be to. expressed therein, equal to two thirds o f the aforesaid two thirds, bear ing an interest o f six per centum per annum, payable quarter yearly, and subject to redemption by payments, not exceeding in one year, on account both o f principal and interest, the proportion o f eight dollars upon a hundred o f the sum mentioned in such certificate; and to an other certificate, purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to the proportion of thirty-three dollars and one third of a dollar upon a hundred o f the said two thirds o f such sum so subscribed, which after the year one thousand eight hundred shall bear an interest o f six per centum per annum, payable quarter yearly, and subject to redemp tion by payments, not exceeding in one year, on account both o f prin cipal and interest, the proportion o f eight dollars upon a hundred of the sum mentioned in such certificate; and that for the remaining third o f any sum so subscribed, the subscriber or subscribers shall be entitled to a certificate, purporting that the United States owe to the holder or holders thereof, his, her or their assigns, a sum to be expressed therein, equal to the said remaining third, bearing an interest o f three per cent, per annum, payable quarter yearly, and subject to redemption by pay ment of the sum specified therein whenever provision shall be made by law for that purpose. Interest, how S e c . 16. And be it further enacted, That the interest upon the cer be computed, tificates which shall be received in payment o f the sums subscribed to to and payable wards the said loan, shall be computed to the last day o f the year one quarter yearly. thousand seven hundred and ninety-one, inclusively; and the interest upon the stock which shall be created by virtue of the said loan, shall com mence or begin to accrue on the first day of the year one thousand seven hundred and ninety-two, and shall be payable quarter yearly, at the same time, and in like manner as the interest on the stock to be created by virtue of the loan above proposed in the domestic debt o f the United States. Sum allowed Sec. 17. And be it further enacted. That if the whole sum allowed to any state, to be subscribed in the debt or certificates o f any state as aforesaid, not being sub shall not be subscribed within the time for that purpose limited, such scribed, the state shall be entitled to receive, and shall receive from the United States, an interest per centum per annum, upon so much o f the said sum as 144 state to receive interest on amount o f defi ciency. 'State certifi cates issued in lieu o f those o f the U. States, payment o f in terest on, sus pended. States charge able with amount o f sub scriptions. Farther ap propriation o f monies arising from the reve nue laws to the purposes o f this act; and faith o f U. States pledged to make good deficiencies. Proceeds from sales o f western lands, to form a sink ing fund. FIRST CONGRESS. S ess . II. Ch. 34. 1790. shall not have been so subscribed, equal to that which would have ac crued on the deficiency, had the same been subscribed in trust for the non-subscribing creditors o f such state, who are holders of certificates or notes issued on account o f services or supplies towards the prosecu tion o f the late war, and the defence o f the United States or of some part thereof, to be paid in like manner as the interest on the stock which may be created by virtue o f the said loan, and to continue until there shall be a settlement of accounts between the United States and the in dividual states; and in case a balance shall then appear in favour of such state, until provision shall be made for the said balance. But as certain states have respectively issued their own certificates, in exchange for those of the United States, whereby it might happen that interest might be twice payable on the same sums: S e c . 18. B e it further enacted, That the payment of interest whether to states or to individuals, in respect to the debt of any state, by which such exchange shall have been made, shall be suspended, until it shall appear to the satisfaction o f the secretary of the treasury, that certificates issued for that purpose by such state, have been re-exchanged or redeemed, or until those which shall not. have been re-exchanged or redeemed, shall be surrendered to the United States. S e c . 19. And be it further enacted, That so much of the debt of each state as shall be subscribed to the said loan, and the monies (if any) that shall be advanced to the same pursuant to this act, shall be a charge against such state, in account with the United States. S e c . 20. And be it further enacted, That the monies arising under the revenue laws, which have been or during the present session of Con gress may be passed, or so much thereof as may be necessary, shall be and are hereby pledged and appropriated for the payment of the interest on the stock which shall be created by the loans aforesaid, pursuant to the provisions o f this act, first paying that which shall arise on the stock created by virtue o f the said first mentioned loan, to continue so pledged and appropriated, until the final redemption o f the said stock, any law to the contrary notwithstanding, subject nevertheless to such reserva tions and priorities as may be requisite to satisfy the appropriations heretofore made, and which during the present session of Congress may be made by law, including the sums herein before reserved and appro priated : and to the end that the said monies may be inviolably applied in conformity to this act, and may never be diverted to any other pur pose, an account shall be kept o f the receipts and disposition thereof, separate and distinct from the product o f any other duties, imposts, excises and taxes whatsoever, except such as may be hereafter laid, to make good any deficiency which may be found in the product thereof towards satisfying the interest aforesaid. S e c . 21. And be it further enacted, That the faith of the United States be, and the same is hereby pledged to provide and appropriate hereafter such additional and permanent funds as may be requisite towards sup plying any such deficiency, and making full provision for the payment o f the interest which shall accrue on the stock to be created by virtue o f the loans aforesaid, in conformity to the terms thereof respectively, and according to the tenor of the certificates to be granted for the same pursuant to this act. S e c . 22. And be it further enacted, That the proceeds of the sales which shall be made of lands in the western territory, now belonging, or that may hereafter belong to the United States, shall be, and are hereby appropriated towards sinking or discharging the debts, for the payment whereof the United States now are, or by virtue of this act may be holden, and shall be applied solely to that use until the said debts shall be fully satisfied. A p p r o v e d , August 4 , 1790.