Page:United States Statutes at Large Volume 2.djvu/47

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defeat any seizure, or prosecution for a forfeiture incurred under this act, and during the continuance thereof.

Approved, February 27, 1800.

Statute Ⅰ.



Feb. 28, 1800.
[Obsolete.]
Chap. XII.—An Act providing for the second Census or enumeration of the Inhabitants of the United States.[1]

Marshals of the districts and secretaries of the territories to cause an enumeration to be taken.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the marshals of the several districts of the United States and the secretaries of the territory of the United States northwest of the river Ohio, and of the Mississippi territory, respectively, shall be, and they are hereby authorized and required, under the direction of the Secretary of State, and according to such instructions as he shall give pursuant to this act, to cause the number of the inhabitants within their respective districts and territories to be taken;Indians not taxed not to be enumerated. omitting in such enumeration, Indians not taxed, and distinguishing free persons, including those bound to service for a term of years from all others; distinguishing also the sexes and colours of free persons and the free males under ten years of age; those of ten years and under sixteen; those of sixteen and under twenty-six; those of twenty-six and under forty-five; those of forty-five and upwards: for effecting which purpose, the marshals and secretaries aforesaid shall have power to appoint as many assistantsThey may appoint assistants. within their respective districts and territories, as aforesaid, as to them shall appear necessary; assigning to each assistant a certain division of his district or territory, which division shall consist of one or more counties, cities, towns, townships, hundreds or parishes, or of a territory plainly and distinctly bounded by water-courses, mountains or public roads. The marshals or secretaries, as the case may be, and their assistants, shall, respectively, take an oath or affirmation, before some judge or justice of the peace, resident within their respective districts or territories, previous to their entering on the discharge of the duties by this act required.Oath to be taken by the marshals, secretaries and their assistants. The oath or affirmation of the marshal or secretary shall be,—“I, A. B., marshal of the district of  (or secretary of the territory of  as the case may be), do solemnly swear or affirm, that I will well and truly cause to be made, a just and perfect enumeration and description of all persons resident within my district or territory, and return the same to the Secretary of State, agreeably to the directions of an act of Congress, intituled ‘an act providing for the enumeration of the inhabitants of the United States,’ according to the best of my ability.” The oath or affirmation of an assistant shall be,—“I, A. B., do solemnly swear, (or affirm) that I will make a just and perfect enumeration and description of all persons resident within the division assigned to me by the marshal of the district of  (or the secretary of the territory of  as the case may be), and make due return thereof to the said marshal, or secretary, agreeably to the directions of an act of Congress, intituled ‘an act providing for the enumeration of the inhabitants of the United States,’ according to the best of my abilities.”Commencement and close of the enumeration.
Assistants to make returns.
The enumeration shall commence on the first Monday of August next, and shall close within nine calendar months thereafter. The several assistants shall, within the said nine months, transmit to the marshal or secretaries, by whom they shall be respectively appointed, accurate returns of all persons, except Indians not taxed, within their respective divisions; which returns shall be made in a schedule, distinguishing in each county, parish, town-


  1. See note to act of March 1, 1790, chap. 22, Vol. i. 101.