28 Sept. 1850 2. Appraisers and assistants. officers. 67. In addition to the officers herein before provided for, at the port of San Francisco, there shall be appointed two principal and two assistant appraisers for said port; and the compensations of the officers provided for in this act shall be as follows, to wit: the collector of the district of San Francisco shall be allowed a compensation not exceeding Compensation of ten thousand dollars per annum; the naval officer a compensation not exceeding eight thousand dollars per annum; the surveyor a compensation not exceeding seven thousand dollars per annum. The principal appraisers a compensation not exceeding six thousand each per annum, and the assistant appraisers each a sum not exceeding three thousand five hundred dollars per annum. The collectors of the districts of Monterey, San Diego, Sacramento, Sonoma and San Joaquin shall be allowed three thousand dollars each per annum, with additional maximum compensation of two thousand dollars each per annum, should their official emoluments and fees provided by existing laws amount to that sum respectively. The surveyors at Santa Barbara and San Pedro shall be allowed, in addition to the fees authorized by existing laws, a compensation of two thousand dollars per annum; and the deputy collector appointed in pursuance of existing laws at the port of San Francisco shall be allowed a compensation not to exceed five thousand dollars per annum. 68. Until otherwise directed by congress, the provisions of law in relation to the payment of expenses incidental to the collection of the revenue from customs, existing prior to the act of 3d March 1849, (a) entitled "An act requiring all moneys receivable from customs and from all other sources to be paid immediately into the treasury without abatement or reduction, and for other purposes," shall be, and are hereby, made applicable to the several collection districts in the state of California and the territory of Oregon, anything in the aforesaid act to the contrary notwithstanding.(b) 69. In all cases of fine, penalty or forfeiture mentioned and embraced in the act entitled "An act to provide for mitigating or remitting the forfeitures, penalties and disabilities accruing in certain cases therein mentioned," (c) or in any act in addition to or amendatory of said act, that have occurred or may occur in the collection districts in the state of California and territory of Oregon, the secretary of the treasury be, and he is hereby, authorized, if, in his opinion, the said fine, penalty or forfeiture was incurred without wilful negligence or intention of fraud, to prescribe such rules and mode of proceeding to ascertain the facts, as, in his opinion, may be convenient and proper, without regard to the provisions of the act above referred to; and upon the said facts so to be ascertained as aforesaid, the said secretary may exercise all the power conferred upon him in and by said act, as fully as he might have done had said facts been ascertained under and according to the provisions of said act. 70. That the counties of Los Angelos, Santa Barbara and San Bernardino, in the state of California, be, and they are hereby made a collection district, to be called the district of San Pedro; and San Pedro in said district shall be, and is hereby made the port of entry for said district. 71. A collector shall be appointed for said district who shall reside at San Pedro. The said collector shall be allowed three thousand dollars per annum, with additional maximum compensation of two thousand dollars per annum, should his emoluments and fees provided by law, amount to that sum. 72. Santa Barbara, in said district, shall remain a port of delivery therein in the sam manner as it now constitutes a port of delivery in the district of San Diego. (a) See 4 Stat. 398. Census. I. DUTIES, LIABILITIES AND COMPENSATION OF MARSHALS. 1. Duties of marshals in taking the census. When persons to be appointed to perform duties of marshal. 2. Oath of marshal. Not to act until sworn, and copy forwarded to secretary. 3. Each district to be subdivided. To be bounded by known civil divisions. 4. To appoint and commission an assistant for each subdivision. 5. To furnish assistants with instructions and blanks. To examine returns. How to dispose of returns. To determine compensation of assistants. To supervise them, and, when necessary, appoint substitutes. 6. Penalty for misbehavior in office. 7. Appointment of deputies. 14. Penalty for misbehavior in office. III. GENERAL PROVISIONS. 15. Penalty for refusing information. 17. Documents to pass free of postage. Appropriation. 19. Secretary to provide and distribute blanks and instructions. To classify returns and lay them before congress. Superintend ing clerk. Franking privilege. Other clerks, &c. Compensation. Blanks and printing. 8. Compensation of marshals. May perform duties of assistant &c. in the subdivision of their residence. II. OF THE ASSISTANTS. 9. No assistant to act until commissioned and sworn. Form of oath. By whom administered. 10. Duties of assistants, and how performed. 11. Returns, how made. 12. Compensation of assistants. 13. Additional compensation for collecting statistics. Instructions to be strictly observed. 20. Appropriation. Salary of secretary of census board. 21. When payments to be made to assistants. 22. Tables to be part of this act. 23. Subsequent census to be taken in the same manner unless, 24. Defective or lost returns, how supplied. IV. APPORTIONMENT OF REPRESENTATIVES. 25. Number of members. 26. How apportioned among the several states. Fractions. New states. 27. Certificates of apportionment to be transmitted. V. STATISTICS. 28. Schedules of statistics to be returned. I. DUTIES, LIABILITIES AND COMPENSATON OF MARSHALS. 9 Stat. 428. 1. The marshals of the several districts of the United States, including the District of 23 May 1850 2 1. Columbia and the territories, are hereby required respectively to cause all the inhabitants to be enumerated, and to collect all the other statistical information within their Duties of marshals on taking respective districts, in the manner provided for in this act, and specified in the instructions the census. which shall be given by the secretary of the interior, and in the tables annexed, and to return the same to the said secretary on or before the first day of November next ensuing, omitting from the enumeration of the inhabitants Indians not taxed; also, at the discretion of said secretary, any part or all the statistics of the territories except those of population: Provided however, And if the time assigned for making the returns shall prove inadequate for the territories, the said secretary may extend the same: Provided When persons to further, If there be any district or territory of the United States in which there is no be appointed to marshal of the United States, the president shall appoint some suitable person to discharge of marshal. the duties assigned by this act to marshals. 2. Each of said marshals shall, before entering upon his duties, take and subscribe the following oath or affirmation, before any circuit or district judge of the United States, or before any judge of any state court, to wit: “ 1, marshal of the district of· do solemnly swear (or affirm) that I will to the best of my ability enumerate or cause to be enumerated, all the inhabitants of said district, and will collect or cause to be collected, the other statistical information within the same, and will faithfully perform all the duties enjoined on me by the act providing for the taking of the seventh census." perform duties Ibid. 32. Oath of marshal. copy And when duly authenticated by the said judge, he shall deposit a copy thereof, so Not to act until authenticated, with the said secretary of the interior, and no marshal shall discharge any worn, and o of the duties herein required, until he has taken and subscribed this oath, and forwarded secretary. a copy as aforesaid. Ibid. 23. 3. Each marshal shall separate his district into subdivisions containing not exceeding twenty thousand persons in each, unless the limitation to that number causes inconve- Each district to nient boundaries, in which case the number may be larger; and shall also estimate, from be subdivided. the best sources of information which he is able to obtain, the number of square miles in each subdivision, and transmit the same to the department of the interior: Provided however, That in bounding such subdivisions, the limits thereof shall be known civil To be bounded divisions, such as county, hundred, parish, township, town, city, ward or district lines or visions. highways, or natural boundaries, such as rivers, lakes, &c. by known civil Ibid. 34. 4. Each marshal shall appoint an assistant for each such subdivision, who is a resident therein, to whom he shall give a commission under his hand, authorizing him to perform To appoint and the duties herein assigned to assistants, which commission shall set forth the boundaries commission an of the subdivision, of which appointment so made and the boundaries so specified, the subdivision. marshal shall keep a true and faithful record. assistant for each 5. Each marshal shall seasonably supply each assistant with the instructions issued Ibld. 2 5. by the department of the interior, the blanks provided for the enumeration of the popu- To furnish assist. lation and the collection of other statistics, and give to him, from time to time, all such ants with ininformation and directions as may be necessary to enable him to discharge his duty. He blanks. shall carefully examine whether the return of each assistant marshal be made in conformity structions and 23 May 1850. To examine returns. How to dispose To determine them, and when Ibid. 26. with the terms of this act, and, where discrepancies are detected, require the same to be corrected. He shall dispose of the two sets of the returns required from the assistant marshals as hereinafter provided for as follows: one set he shall transmit forthwith to the secretary of the interior; and the other copy thereof he shall transmit to the office of the secretary of the state or territory to which his district belongs. He shall classify and determine the rate of compensation to be paid to each assistant marshal according to the provisions of this act, subject to the final approval of the secretary of the interior. He shall, from time to time, make himself acquainted with the progress made by each assistant marshal in the discharge of his duties, and in case of inability or neglect arising from sickness or otherwise, appoint a substitute. 6. If any marshal shall, by any arrangement or understanding whatever, secure to himself any fee, reward or compensation for the appointment of an assistant, or shall Penalty for misbehavior in office. in any way secure to himself any part of the compensation provided by this act for the services of assistants, (a) or if he shall knowingly neglect or refuse to perform the duties herein assigned to him, he shall, in any such case, be deemed guilty of a misdemeanor, and if convicted in any such case, shall, for such offence, forfeit and pay not less than one thousand dollars. Ibid. 7. Appointment of deputies. Ibid. ? 8. marshals. 7. Any marshal of the United States may, for any purposes not inconsistent with the duties of the assistants herein provided for, appoint a deputy or deputies, to act in his behalf: but for all official acts of such deputy or deputies the marshal shall be responsible: Provided however, An appointment to collect the social statistics shall not be deemed an interference with the duties of the assistants. 8. Whenever the population returned in any district shall exceed one million, the Compensation of marshal thereof shall be entitled to receive as a compensation for all his services, in executing this act, after the rate of one dollar for each thousand persons; but if the number returned shall be less than a million in any district, the marshal thereof shall be allowed for his services at the rate of one dollar and twenty-five cents for each thousand persons: Provided however, That no marshal shall receive less than two hundred and fifty dollars: and when the compensation does not in the whole exceed the sum of five hundred dollars, a reasonable allowance for clerk hire shall be made, the amount whereof shall be determined by the secretary of the interior. And provided further, That the marshal of any ant in the sub district may, at his discretion, perform the duties of an assistant in any subdivision in division of their which he may reside; and when he shall personally perform the duties assigned by this act to assistants, he shall receive therefor the compensation allowed to assistants for like services. May perform duties of assist residence. Ibid. 29. No assistant to II. OF THE ASSISTANTS. 9. No assistant shall be deemed qualified to enter upon his duties, until he has received from the marshal, under his hand, such a commission as is provided for in this net until commis- act, and shall take and subscribe the following oath or affirmation, which shall be thereon endorsed, to wit: sioned and sworn. Form of oath. By whom administered. Ibid. 10. ants, and how I, an assistant to the marshal of the district of · do solemnly swear (or affirm) that I will make a true and exact enumeration of all the inhabitants within the district assigned to me, and will also faithfully collect the other statistics therein, in the manner provided for in the act for taking the seventh census, and in conformity with all lawful instructions which I may receive, and will make due and correct returns thereof as required in said act. (Signed.) Which said oath or affirmation may be administered by any judge of a court of record or any justice of the peace empowered to administer oaths, and a copy thereof duly authenticated shall be forwarded to the marshal by such assistant, before he proceeds to the business of the appointment. 10. Each assistant, when duly qualified in manner aforesaid, shall perform the service Duties of assist required of him by a personal visit to each dwelling-house and to each family, in the subdivision assigned to him, and shall ascertain, by inquiries made of some member of performed. each family, if any one can be found capable of giving the information, but if not, then of the agent of such family, the name of each member thereof, the age and place of birth of each, and all the other particulars specified in this act, the tables thereto subjoined, and the instructions of the secretary of the interior; and shall also visit personally the farms, mills, shops, mines and other places respecting which information is required as above specified, in his district, and shall obtain all such information from the best and most reliable sources; and when in either case the information is obtained and entered on the tables, as obtained, till the same is complete, then such memoranda shall be immediately read to the person or persons furnishing the facts, to correct errors and supply omissions if any shall exist. (a) It is the duty of the marshal to pay over to the assistants, the same funds, or their equivalent, which he may have received from the government. If he receive treasury notes, and sell them at a premium for currency, and pay the assistants in such currency, it is a violation of law, and he is liable to the penalty imposed by this section. United States v. Patterson, 3 McLean, 53. Returns, how 11. Each assistant shall within one month after the time specified for the completion 23 May 1850 of the enumeration, furnish the original census returns to the clerk of the county court of their respective counties, and two copies, duly compared and corrected, to the marshal made. of the district. He shall affix his signature to each page of the schedules before he returns them to his marshal, and on the last page thereof, shall state the whole number of pages in each return, and certify that they were well and truly made according to the tenor of his oath of office. Ibi 1.8 12. Ibid. 13. 12 Each assistant shall be allowed as compensation for his services after the rate of two cents for each person enumerated, and ten cents a mile for necessary travel, to be Compensation of ascertained by multiplying the square root of the number of dwelling-houses in the assistants. division, by the square root of the number of square miles in each division, and the product shal be taken as the number of miles travelled for all purposes in taking this census. 13. In addition to the compensation allowed for the enumeration of the inhabitants, there shall be paid for each farm fully returned, ten cents; for each establishment of Additional comproductive industry, fully taken and returned, fifteen cents; for the social statistics, two pensation for collecting sta per cent. upon the amount allowed for the enumeration of population; and for each name tutes. of a deceased person returned, two cents: Provided however, That, in making returns Instructions to of farms and establishments of productive industry, the instructions given by the secrebe strictly observed. tary of the interior must be strictly observed, and no allowance shall be made for any return not authorized by such instructions, or for any returns not limited to the year next preceding the first of June next. Ibid. 14. 14. Any assistant who, having accepted the appointment, shall, without justifiable cause, (a) neglect or refuse to perform the duties enjoined on him by this act, shall be Penalty for misguilty of a misdemeanor, and, upon conviction, be liable to a forfeiture of five hundred behavior in office. dollars; or if he shall wilfully make a false oath, it shall be deemed perjury; or if he shall wilfully make a false certificate, it shall be deemed a misdemeanor, and if convicted or found guilty of either of the last-named offences, he shall forfeit and pay not exceeding five thousand dollars, and be imprisoned not less than two years. And each marshal shall be alike punishable for the two last-named offences when committed by him. III. GENERAL PROVISIONS. tion. Ibid. 15. 15. Each and every free person more than twenty years of age, belonging to any family residing in any subdivision, and in case of the absence of the heads and other Penalty for remembers of any such family, then any agent of such family shall be, and each of them fusing informa hereby is, required, if thereto requested by the marshal or his assistant, to render a true account, to the best of his or her knowledge, of every person belonging to such family in the various particulars required in and by this act, and the tables thereto subjoined, on pain of forfeiting thirty dollars, to be sued for and recovered in an action of debt by the assistant to the use of the United States. Ibid. 16. 16. All fines and penalties herein provided for may be enforced in the courts of the United States within the states or territories where such offence shall have been com- where penalties mitted or forfeiture incurred. to be enforced. Ibid. 17. age. 17. The marshals and their assistants are hereby authorized to transmit, through the post office, any papers or documents relating to the census, by writing thereon, "Official Documents to business, Census," and subscribing the same with the addition to his name of marshal, pass free of post or assistant, as the case may be: but this privilege shall extend to nothing but documents and papers relating to the census, which shall pass free; and the sum of twelve thousand dollars is hereby appropriated out of any money in the treasury not otherwise appro- Appropriation. priated for the purpose of covering the expense of transmitting the blanks and other matter through the mail, to be paid to the post office department. 18. If, in any of the territories or places where the population is sparse, the officers of Ibid. 18. the army or any persons thereto belonging can be usefully employed in taking the census, When military the secretary of war is hereby directed to afford such aid, if it can be given without pre-taking census. judice to the public service. officers to aid in tribute blanks 19. The secretary of the interior is hereby required to carry into effect the provisions Ibid. 19. of this act, and to provide blanks and distribute the same among the marshals, so that Secretary to prothe enumeration may commence on the first day of June next, and be taken with vide and disreference to that day in each and every district and subdivision of districts; to draw up and instructions. and distribute, at the same time, printed instructions, defining and explaining the duties of such as collect the statistics, and the limits by which such duties are circumscribed, in a clear and intelligible manner; to see also that all due diligence is employed by the To classify remarshals and assistants to make return of their respective doings completed, at the times turns and lay herein prescribed; and further, as the returns are so made, to cause the same to be gress. (a) If an assistant marshal, in consequence of an unforeseen and destructive calamity, be necessarily put to great additional labor and expenses in the performance of his duties, it may amount to justifiable cause for refusing to perform them; but if he goes on them before con to complete his duties in good faith, he must be intended to have done so on the terms prescribed by law; and is not entitled to any extra compensation. Boyd v. United States, Dev. C. C. 34. 1 May 1850. clerk. Franking privilege. Other lerks, &c classified and arranged in the best and most convenient manner for use, and lay the same before congress at the next session thereof. And to enable him the better to discharge Superintending these duties, he is hereby authorized and required to appoint a suitable and competent person as superintending clerk, who shall under his direction have the general manage ment of matters appertaining thereto, with the privilege of franking and receiving free of charge all official documents and letters connected therewith; and the said secretary shall also appoint such clerks and other officers as may be necessary from time to time for the efficient management of said service. And the compensation to be allowed and paid to the officers connected with the census office, shall be as follows: for the superintending clerk, two thousand five hundred dollars per annum in full for his services; and for other assistants and clerks the compensation usually paid for similar services, to be fixed and allowed by the secretary of the interior: Provided, That no salary to a subordinate clerk under this section shall exceed the sum of one thousand dollars per Blanks an i print- annum. The blanks and preparatory printing for taking the census shall be prepared and executed under the direction of the census board; the other printing hereafter to be executed as congress shall direct. Compensation. Ing. Ibid. 2 20. 20. For the purpose of carrying into effect this act, and defraying the preliminary Appropriation. expenses, there is hereby appropriated out of any money in the treasury not otherwise appropriated, one hundred and fifty thousand dollars; out of which the said secretary of the interior may allow to the person employed as secretary of the census board, a compensation after the rate of three thousand dollars per annum during the period he [has been] (a) in their employ. Sala 7 of secretar of census ard. Ibid. 21. to be made to assistants. 21. Whenever a marshal shall certify that an assistant has completed to his satisfac When payments tion, and made return of the subdivision confided to him, and shall also certify the amount of compensation to which, under the provisions of this act, such assistant is entitled, designating how much for each kind of service, the secretary of the interior shall thereupon cause one-half of the sum so due to be paid to such assistant, and when the returns have been carefully examined for classification, if found executed in a manner satisfactory, then he shall also cause the other half to be paid.(b) And he shall make payments in the manner and upon like conditions to the several marshals for their services. Ibid. 22. Ibid. 23. Subsequent census to be 22. The tables hereto annexed and made part of this act, are numbered from one to six, inclusive. 23. If no other law be passed providing for the taking of the eighth, or any subsequent census of the United States, on or before the first day of January of any year, when, by the constitution of the United States, any future enumeration of the inhabitmauner, unless, ants thereof is required to be taken, such census shall, in all things, be taken and completed according to the provisions of this act. taken in the same &c. 30 July 18522. 10 Stat. 25. 24. If, at any future decennial enumeration of the inhabitants of the United States, the census of any district or subdivision in the United States shall have been improperly Defective or lost taken, or if the returns of any district or subdivision shall be accidentally lost or destroyed, the secretary of the interior shall have power to order a new enumeration of such district or subdivision. returns, how supplied. 23 May 1850 ? 24. 9 Stat. 432. Ibid. 25. ral states. IV. APPORTIONMENT OF REPRESENTATIVES. 25. From and after the third day of March 1853, the house of representatives shall be composed of two hundred and thirty-three members, to be apportioned among the several states in the manner directed in the next section of this act. 26. So soon as the next and each subsequent enumeration of the inhabitants of the How apportioned several states, directed by the constitution of the United States to be taken, shall be comamong the seve pleted and returned to the office of the department of the interior, it shall be the duty of the secretary of the interior to ascertain the aggregate representative population of the United States, by adding to the whole number of free persons in all the states, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons; which aggregate population he shall divide by the number two hundred and thirty-three, and the product of such division, rejecting any fraction of an unit, if any such happen to remain, shall be the ratio or rule of apportion ment of representatives among the several states under such enumeration; and the said secretary of the department of the interior shall then proceed in the same manner, to ascertain the representative population of each state, and to divide the whole number of the representative population of each state by the ratio already determined by him as above directed; and the product of this last division shall be the number of representatives (a) "May necessarily be;" by act 30 July 1852, 10 Stat. 25. (b) A marshal who, in taking the census, advances money to pay the expense, after repeated attempts to obtain it from the proper department, may retain the amount thus paid, of the public money, in his hands. United States v. Ten Eyk, 4 McLean, 119. |