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The Farmer's Library
or
OHIO INTELLIGENCER.
LOUISVILLE, (FALLS OF OHIO) PRINTED BY SAMUEL VAIL.
VOL. II. THURSDAY, MAY 6, 1802. NO. LXIX.
[Published by Authority]
-
SEVENTH CONGRESS
of the
UNITED STATES,
at the first session,
Begun and held at the city of Wafhing
ton. in the Territory of Columbia, on
Monday, the Seventh of December,
One Thoufand Eight Hundred and
One.
-
AN ACT
to amend an act, entitled "An act to
lay and collect a direct tax within the
United States."
BE it enacted by the Senate & Houfe
of Reprefentatives of the United States of
America
, in congrefs affembled, that
the collectors in each diftrict fhall
prepare and tranfmit to their refpec-
tive fupervifors, current lifts of all
lands within their refpective collection
diftricts, which by the act paffed the
14th day of July, and one thoufand feven
hundred and ninety eight, intiroled
"An act to lay & collect a direct tax
whithin the United States, " they now
are or hereafter fhall be authorifed to
advertife for fale, fpecifying therein,
the perfons in whofe names the af-
feffments were originally made, & the
fums doe therein refpectively; of
which lifts it fhall be the duty of the
fupervifor, in all cafes, to caufe for-
rect tranfcripts to be made out, and to
caufe to be inferted for five weeks
fueceffively, in one or more newfpa-
pers pulifhed within his diftrict, one
of which fhall be the gazette in which
are publifhed by authority, the laws
of the ftate within whofe limits the
fsid dfstrict may be comprized, if
there by any fuch gazette, a notifica-
tion, that fuch tranfcripts are lodged
at his office, and are open to the free
infpection of all parties concerned;
and alfo notifying, that the tax doe
upon the faid lands may be paid to the
collector within whofe divifion the a-
forelaid lands are contained, of the
fupervifor of the diftrict, at any time
within the fpace of fix months from the
date of fuch notification, and the time
when, and places where fales will be
made of all lands upon which any part
of the direct tax fall remain due af-
§2. And be it further enacted, That
in cafe of failure on the part of the ow-
ner or owners of the aforefaid lands
net the expiration of the time aforefaid,
to pay within the aforefaid time, the
full amount of the tax due thereon,
the collectors under the directions. &
with approbation of their refpec-
tive fupervifors, fall immediately
proceed to fell at public fale, at the
times and places mentioned in the ad-
vertifement of the fupervifors, fo much
of the lands aforefaid as may be fuffi-
cient to fatisfy the fame, together with
all the cofts and charges of preparing
lifts, advertifing and notifying as a
forefaid, and of fales.

§3. And be it further enacted, That
the aforefaid tax, including all cofts
and charges as aforefaid, fhall be and
remain a lieu upon all lands, and other
real eftate on which the fame ho
been afftfed until the tax due up n
the fame, including the cofts and char
ges, fhall have been cllected, or unto
a fale fhall have been effected, ac-
cording to the prorifions of this act
or af the act to which this is a fupple
ment.
§4. And be it further enacted, That
in all cafes wherein any tract of land
may have been affeffed in one affeff
ment, which, as the time when fuch
affeffment was made, was actually di-
vided into two or more diftinct par-
cels, each parcel having one or more
distinct proprietory or proprietors, it
fhall be the duty of the collector to
receive in manner aforefaid, from any
proprietory of proprietors thus fituated,
his or their proportion of the tax due
upon such tract, and thereupon, the
the land of the proprietor proprie-
tors, upon which the tax fhall have
been thus paid, fhall he forever dif-
charged from any part of the tax due
under the original affeffment.
§5. And be it further enacted, That
in any cafe in which it may have hap-
pened that lands actually belonging to
one perfon, may have been, or here-
after fhall be affeffed in the name of
another, and no fale of the fame fhall
yet have been made, the fame procee-
dings fhall be had for the fale of the
aforefaid lands, in order to raife the
tax affeffed in relation to the fame, as
is provided by the eleventh fection of
the act to which this is a fupplement,
in the cafe of lands affeffed, the owner
whereof is unknown; and fuch fale
fhall transfer and pafs to the purchaf-
er, a good and effectual title.
§6. And be it further enacted, That
the right of redemption referved to
the owners of lands and tenements
fold under this act, or the act to which
this is a fupplement, fhall in no wife.
be affected or impaired; Provided al-
ways, that the owners of lands, which
fhall thus be fold after the paffing of
this act, in order to avail themfelves
of that right, fhall make payment or
render of payment, within two years
from the time of fale, for the ufe of
the purchafer, his heirs, or affigns, of
the amount of the faid tax, cofts, and
charges, with the intereft for the fame, at
the rate of twenty five per cent. per
annum.
§7. And be it further enacted, That
the fecretary of the treafury shall be
and hereby is authorized and empow-
ered, under the direction of the Prefi-
dent of the United States, to augment
the compenfation fixed by law, for
the commiffioner, or for the principal
and affistant affeffors, or either of them
in any divifion where it may be found
neceffary for carrying into effect the
act, entitled "an act to provide for
the valuation of lands and dwelling-
places, and the enumeration of flaves
within the United States," fo howev
er, as that the commiffioner fhall in
no cafe recieve more than five dollar
per day, which additional corpera
tion fhall be fubject to the fame rules
of fettlement as are eftablifhed by the
laft aforefaid.
NATHANIEL MACON.
Speaker of the Houfe of Reprefentatives.
AARON BURR.
Vice Prefident of the United States,
& Prefident of the Senate.
Approved, March 16, 1802
TH JEFFERSON,
Prefident of the United States.
-
Congress of the United States.
SENATE.
Thursday Jan. 14, 1802.
DEBATE an Afr. Breckenridge's mo-
tion to repeal the act paffed last feffon
for a new organization of the JUDI-
CIARY SYSTEM.
[Mr. Morris, in continuation]
In this increafe of numbers, with a
ftill greater increafe of wealth, with
the extenfion of our commerce and
progrefs of the area, it was evident
that although a great many tribunals
would become neceffary, it was im-
poffable to determine either on the
precife number or the moft conven-
ient form. The convention did not
pretend to this prefeience; but, had
they poffeffed it, would it have been
proper to have eftablifhed then all the
tribunals neceffary for all future times?
Would it have been wife to have plan-
ted courts among the Chickafaws, the
Chocktaws, the Cherokees, the Tuf-
caroras, and God knows how many
more, becaufe at fome future day the
regions over which they roam might
be cultivated by policed men? Was it
not proper, wife and neceffary to leave
in the difcretion of congrefs, the num-
ber and the kind of courts which they
might find it proper to eftablifh for
the purpofe defignated by the confli-
tution. this fimple flatement of facts,
facts of public notoriety, is alone a
fufficient comment on and explication
of the word on which gentlemen have
fo much relied. The convention in
framing, the people in adopting this
comapct, fay the judicial power fhall
extend to many cafes, the original
cognizance whereof fhall be by the
interior courts; but it is neither ne-
ceffary, nor even poffible, now to de-
termine their number or their form;
that effential power therefore fhall veft
in fuch inferior courts as the congrefs
may from time to time, in the progref-
fion of time and according to the indi-
tation of circumftances, eftablifh.-
Nor provide, ordain, or determine,
not eftablifh. Not a mere temporary
provifion, but an eftablifhment. If
after this it had faid in general terms,
that judges fhould hold their offices
during good behavior, could a doubt
have exifted on the interpretation of
this act, under all its attending cir-
cumftances, that the judges of the in-
ferior covers were intended, as well as
thofe of the Supreme court? But did
the framers of the confitution flop
there? Is there then nothing more?
Did they refque on thefe pramnat-
ieal niceties the fate of America? Did
they sit here the moft important
branch of our government? Little
important, indeed, as to foreign dan-
ger; but infinitely valuable to out do-
meftic police and to our perfonal pro-
tection against the opprefion of the
rulers. No. Left a doubt fhould be
raifed, they have carefully connected
the judges of both courts in the fame
fentence; they have faid "the judg-
es both of the fupreme and interior
courts," thus coupling them inferpera-
bly together. You can cut the bands,
but you can never untie them. With
falutary caution they devifed this
claufe, to arreft the everbearing tent-
per which they knew belonged to le-
giflative bodies. they do not fay the
judges finply, but the judges of the
fupreme and inferior courts fhall hold
their offices during good behavior.-
They fay therefore to the legiflature
you may judge of the prepriery, the
utility, the neceffity of organizing
thefe courts; but when eftablifhed you
have done your duty. Anticipating
the courfe of paffion in future times
they fay to the legiflature, you fhall
not difgrace yourfelves by exhibiting
the indecent fpectacle of judges eftab-
lifhed by one legiflature removed by
another. We will fave you alfo from
yourfelves. We fay here judges fhall
hold their offices: and furely, fir, to
pretend that they can hold their office
after the office is deftroyed is contemp-
tible.
The framers of this confliction
had feen much, read much and deeply
reflected. They knew by experience
the violence of pupular bodies, and let
it be remembered that fince that day
many of the ftates, taught by experi-
ence, have found it neceffary to
change their forms of government
to avoid the effects of that violence.-
The convention contemplated the ve-
ry act you now attempt. They knew
alfo the jealoufy and the power of the
ftates; and they eftablifhed for your
and for their protection, this moft im-
portant department. I beg gentle-
men to hear and to remember what I
fay. It is this department alone, and
it is the independence alone of this de-
partment, which can face you from
civil war. Yes, fir, adopt the lan-
guage of gentlemen, fay with them,
by the act to which you are urged,
"if we cannot remove the judges we
can destroy them." Eftablifh thus
the dependence of the judiciary de-
partment. Who will refort to them
for protection againft you? Who will
confide in, who will be board by their
decrees? Are we then to refort to the
ultimate reafn of Kings! Are our
arguments By from the mounts of
our cannon?

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