Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.

H. R. 534.
(No Report.)
IN THE HOUSE OF REPRESENTATIVES.
June 14, 1848.
Read twice, and committed to a Committee of the Whole House on the state of the Union.
Mr. Joseph R. Ingersoll, from the Committee on the Judiciary, reported the following bill:
A BILL
To provide for taking the seventh census or enumeration of the inhabitants of the United States.

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12 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled , That the marshals of the several districts and
Territories of the United States, and of the District of
Columbia, respectively, shall be, and are hereby, required,
under the direction of the Secretary of the Department
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 Territo-
ries (omitting, in such enumeration, Indians not taxed) to
be taken according to the directions of the act. The said
enumeration shall distinguish the sexes of all free white ^the number and names of heads of families, the number of persons in Each family, their names, condition in relation to the ^

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^head of the family, those receiving pensions from the United States for Revolutionary or Military or other Services, the age of Every person classed according to Sex and Color showing of the latter class those who are free and those who are in service for life or a term of years, the domestic condition of each person over fifteen years of age, the place of birth whether in the immediate town &c of ^present^ residence or in other places, those who are deaf and dumb, blind, Insane or Idiotic and the white persons over twenty years of age who cannot read and write.^

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37 persons, and ages of the free white males and females,
respectively, under five years of age; those of five and
under ten years of age; those of ten years and under
fifteen; those of fifteen and under twenty those of
twenty, and under thirty; those of thirty, and under forty;
those of forty, and under fifty; those of fifty, and under
sixty; those of sixty, and under seventy; those of
seventy, and under eighty; those of eighty, and under
ninety; those of ninety and under one hundred; those
of one hundred and upwards and shall further distin-
guish the number of those free white persons included
in such enumeration who are deaf and dumb, under the
age of fourteen years; and those of the age of fourteen
years, and under twenty-five; and of the age of twenty-
five years and upwards: and shall further distinguish the
number of those free white persons included in such
enumeration who are blind. The said enumeration shall
distinguish the sexes of all free colored persons, and of
all other colored persons bound to service for life, or for
a term of years, and the ages of such free and other
colored persons, respectively, of each sex under ten years
of age; those of ten, and under twenty-four; those of
twenty-four, and under thirty-six; those of thirty-six, and
under fifty-five; those of fifty-five and under one hundred;
and those of one hundred and upwards: and shall further

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distinguish the number of those free colored and other
colored persons included in the foregoing who are deaf
and dumb, without regard to age, and those who are
blind. For effecting which, the marshals aforesaid, shall
have power, and are hereby required, to appoint one or
more assistants in each city and county in their respective
districts and territories, residents of such city or county
for which they shall be appointed; and shall assign to
each of the said assistants a certain division of territory;
which division shall not consist, in any case, of more
than one county, but may include one or more towns,
townships, wards, hundreds, precincts, or parishes, and
shall be plainly and distinctly bounded. The said enume-
ration shall be made by an actual inquiry by such mar-
shals or assistants at every dwelling-house, or by personal
inquiry of the head of every family. The marshals and
their assistants shall, respectively, before entering on the
performance of their duty under this act, take and sub-
scribe an oath or affirmation before some judge or justice
of the peace resident within their respective districts or
Territories, for the faithful performance of their duties.
The oath or affirmation of the marshal shall be as fol-
lows: “I, A B, marshal of the district (or Territory)
of , do solemnly swear (or
affirm) that I will truly and faithfully cause to be made

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87 a full 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, entitled ‘An act to
provide for taking the sixth ^seventh^ census or enumeration of the
inhabitants of the United States,’ according to the best of
my ability.” The oath or affirmation of an assistant
shall be as follows: “I, A B., appointed an assistant to
the marshal of the district (or Territory) of ,
do solemnly swear (or affirm) that I will make a just,
faithful, and perfect enumeration and description of all
persons resident within the division assigned to me for
that purpose by the marshal of the district (or Territory)
of , and make due return thereof to
the said marshal, agreeably to the directions of an act of
Congress, entitled ‘An act to provide for taking the sixth ^seventh^
census or enumeration of the inhabitants of the United
States,’ according to the best of my ability; and that I
will take the said enumeration and description by actual
inquiry at every dwelling-house within said division, or
personal inquiry of the head of every family, and not
otherwise, and reduce the same to writing legibly in ink
at the moment.” The enumeration shall commence on
the first day of January, in the year one thousand eight
hundred and fifty, and shall be completed and closed

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4 within six ^three^ calendar months thereafter. The several
assistants shall, within the said six months, and on or
before the first day of June Âpril^, one thousand eight hundred
and fifty, deliver to the marshals by whom they shall be
appointed, respectively, two copies of the accurate returns
^24 - 2 -5 = line 90ôf all persons, except Indians not taxed, to be enumerated
as aforesaid, within their respective divisions; which
returns shall be made in a schedule, which shall distin-
guish in each county, city, town, township, ward, pre-
cinct, hundred, district, or parish, according to the civil
divisions of the States or Territories, respectively, the
several families by the name of the head thereof. ^particulars herein before enumerated agreeably to the form hereto annexed.^ In the
enumeration of transient persons, the name of every
person who shall be the inhabitant of any district or
Territory without a settled place of residence, shall be
inserted in the column of the schedule which is allotted
for the heads of families in the division where he or she
shall be on the said first day of January, eighteen
hundred and fifty, and in like manner with respect
to age.
Sec. 2. And be it further enacted, That every as-
sistant failing or neglecting to make a proper return, or
making a false return of the enumeration to the marshal,
within the time limited by this act, shall forfeit the sum of

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23 two hundred dollars, recoverable in the manner pointed
out in the next section hereof.
Sec. 3. And be it further enacted, That the mar-
shals shall file one copy of each of the several returns
aforesaid, and, also, an attested copy of the aggregate
amount hereinafter directed, to be transmitted by them,
respectively, to the Secretary of State, with the clerks of
their respective districts or superior courts, as the case
may be, who are hereby directed to receive, and carefully
to preserve the same; and the marshals respectively, shall,
on or before the first day of October ^May^, in the year one thou-
sand eight hundred and fifty, transmit to the Secretary of
State one copy of the several returns received from each as-
sistant, and, also, the aggregate amount of each description
of persons within their respective districts or Territories;
and every marshall failing to file the returns of his assistants,
or the returns of any of them, with the clerks of the re-
spective courts as aforesaid, or failing to return one copy
of the several returns received from each assistant, and
also, the aggregate amount of each description of persons
in their respective districts or Territories, as required by
this act, and as the same shall appear from said returns, to
the Secretary of State, within the time limited by this act,
shall, for every such offence, forfeit the sum of one thou-
sand dollars; which forfeiture shall be recoverable in the

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4 courts of the districts or Territories where the said of-
fences shall be committed, or within the circuit courts held
within the same, by action of debt, information, or indict-
ment; the one-half thereof to the use of the United States,
and the other half to the informer; but, where the prose-
cution shall be first instituted on behalf of the United
States, the whole shall accrue to their use; and for the
more effectual discovery of such offences, the judges of
the several district courts in the several districts, and of the
supreme courts in the Territories of the United States, as
aforesaid, at their next session to be held after the expira-
tion of the time allowed for making the returns of the
enumeration hereby directed to the Secretary of State,
shall give this act in charge to the grand juries in their re-
spective courts, and shall cause the returns of the several
assistants, and the said attested copy of the aggregate
amount, to be laid before them for their inspection. And
the respective clerks of the said courts shall preserve the
said returns, which shall remain in their offices, respec-
tively, after they shall have been laid before the grand
juries aforesaid.
Sec. 4. And be it further enacted, That every assist-
ant shall receive at the rate of two dollars for every hun-
dred persons by him returned, where such persons reside
in the country; and where such persons reside in a city

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29 or town containing more than three thousand persons,
such assistant shall receive at the same rate for three
thousand, and at the rate of two dollars for every three
hundred persons over three thousand, residing in said city
or town; but where, from the dispersed situation of the
inhabitants in some divisions, two dollars will not be suf-
ficient for one hundred persons, the marshals, with the
approbation of the judges of their respective districts or
territories, may make such further allowance to the assist-
ants in such divisions as shall be deemed an adequate com-
pensation; Provided, The same does not exceed two
dollars and fifty cents for every fifty persons by them
returned: Provided further, That, before any assistant,
as aforesaid, shall, in any case, be entitled to receive said
compensation, he shall take and subscribe the following
oath or affirmation, before some judge or justice of the
peace, authorized to administer the same, to wit: “I, A B,
do solemnly swear (or affirm) that the number of persons
set forth in the return made by me, agreeably to the pro-
vision of the act entitled ‘An act to provide for taking the
sixth ^seventh^ census or enumeration of the inhabitants of the
United States,’ have been ascertained by an actual inquiry
at every dwelling-house, or a personal inquiry of the head
of every family, in exact conformity with the provisions
of said act; and that I have, in every respect, fulfilled

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53 the duties required of me by said act, to the best of
my abilities; and that the return aforesaid is correct
and true, according to the best of my knowledge and
belief.”^S. No. 24 - 3 - 9 - line 34^
The compensation of the several marshals shall be as
follows:
The marshal of the district of Maine,
dollars;
The marshal of the district of New Hampshire,
dollars;
The marshal of the district of Massachusetts,
dollars;
The marshal of the district of Rhode Island,
dollars;
The marshal of the district of Vermont,
dollars;
The marshal of the district of Connecticut,
dollars;
The marshal of the southern district of New York,
dollars;
The marshal of the northern district of New York,
dollars;
The marshal of the district of New Jersey,
dollars;

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77 The marshal of the eastern district of Pennsylvania,
dollars;
The marshal of the western district of Pennsylvania,
dollars;
The marshal of the district of Delaware,
dollars;
The marshal of the district of Maryland,
dollars;
The marshal of the eastern district of Virginia,
dollars;
The marshal of the western district of Virginia,
dollars;
The marshal of the district of Kentucky,
dollars;
The marshal of the district of North Carolina,
dollars;
The marshal of the district of South Carolina,
dollars;
The marshal of the district of Georgia,
dollars;
The marshal of the district of East Tennessee,
dollars;
The marshal of the district of Middle Tennessee,
dollars;

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101 The marshal of the district of West Tennessee,
dollars;
The marshal of the district of Ohio,
dollars;
The marshal of the district of Indiana,
dollars;
The marshal of the district of Illinois,
dollars;
The marshal of the northern district of Mississippi,
dollars;
The marshal of the southern district of Mississippi,
dollars;
The marshal of the district of Louisiana,
dollars;
The marshal of the northern district of Alabama,
dollars;
The marshal of the southern district of Alabama,
dollars;
The marshal of the District of Columbia,
dollars;
The marshal of the district of Michigan,
dollars;
The marshal of the district of Arkansas,
dollars;

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3 The marshal of the district of Missouri,
dollars;
The marshal of the northern district of Florida,
dollars;
The marshal of the southern district of Florida,
dollars;
The marshal of the district of Wisconsin,
dollars;
The marshal of the district of Iowa,
dollars;
The marshal of the district of Texas,
dollars;
The marshal of the territory of
dollars;
dollars;
dollars;
dollars;
dollars;
Sec. 5. And be it further enacted, That every per-
son whose usual place of abode shall be in any family on
the said first day of January, one thousand eight hundred

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4 and ^fifty^ , shall be returned as of such family; and the
name of every person who shall be an inhabitant of any
district or territory, without a settled place of residence,
shall be inserted in the column of the schedule which is
allotted for the heads of families, in the division where he
or she shall be on the said first day of January, and every
person occasionally absent at the time of enumeration, as
belonging to the place in which he or she usually resides
in the United States.
Sec. 6. And be it further enacted, That each and
every free person more than sixteen years of age, whether
heads of families or not, belonging to any family within
any division, district or territory, made or established within
the United States, shall be, and hereby is, obliged to ren-
der to the assistant of the division, if required, a true ac-
count, to the best of his or her knowledge, of every person
belonging to such family, respectively, according to the
several descriptions aforesaid, on pain of forfeiting twenty
dollars, to be sued for and recovered in any action of debt
by such assistant; the one half to his own use, and the
other half to the use of the United States.
Sec. 7. And be it further enacted, That each and
every assistant, previous to making his return to the mar-
shal, shall cause a correct copy, signed by himself, of the
schedule containing the number of inhabitants within his

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3 division, to be set up at two of the most public places
within the same, there to remain for the inspection of all
concerned; for each of which copies the said assistant shall
be entitled to receive at the rate of five dollars for ten
sheets, or in that proportion for a less number, and at the
rate of twenty cents for every sheet over ten in the copy
of the return: Provided, Proof of the schedule having been
set up shall be transmitted to the marshal, with the return
of the number of persons; and in case any assistant shall
fail to make such proof to the marshal, with the return of
the number of persons, as aforesaid, he shall forfeit the
compensation allowed him by this act,
Sec. 8. And be it further enacted, That the Secretary
of State shall be, and hereby is, authorized and required to
transmit to the marshals of the several districts and terri-
tories regulations and instructions, pursuant to this act, for
carrying the same into effect; and, also, the forms con-
tained therein of the schedule to be returned, and such
other forms as may be necessary in carrying this act into
execution, and proper interrogatories to be administered
by the several persons to be employed in taking the
enumeration.
Sec. 9. And be it further enacted, That, in those
States composing two districts, where a part of a county
may be in each district, such county shall be considered

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10 as belonging to that district in which the court-house of
said county may be situate.
Sec. 10. And be it further enacted, That, in all
cases where the superficial content êxtent^ of any county or par-
ish shall exceed twenty miles square, and the number of in-
habitants in said parish or county shall not exceed three
thousand, the marshals or assistants shall be allowed, with
the approbation of the judges of the respective districts or
Territories, such further compensation as shall be deemed
reasonable: Provided, The same does not exceed four
dollars for every fifty persons by them returned; and when
any such county or parish shall exceed forty miles square,
and the number of inhabitants in the same shall not ex-
ceed three thousand, a like allowance shall be made, not
to exceed six dollars for every fifty persons so returned.
Sec. 11. And be it further enacted, That when the
aforesaid enumeration shall be completed and returned to
the office of the Secretary of State, by the marshals of the
States and Territories, he shall direct the printers to Con-
gress to print, for the use of Congress, three ^ten^ thousand
copies of the aggregate returns received from the marshals,
corrected as hereinafter mentioned: And provided, That
if any marshal, in any district within the United States or
Territories, shall, directly or indirectly, ask, demand, or re-
ceive, or contract to receive, of any assistants to be ap

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5 ^S. 24 - 4 - ^folio 17.^ line 7.^ pointed by him under this act, any fee, reward, or compen-
sation, for the appointment of such assistant to discharge
the duties required of such assistant under this act, or shall
retain from such assistant any portion of the compensa-
tion allowed to the assistant by this act, the said marshal
shall be deemed guilty of a misdemeanor in office, and
shall forfeit and pay the amount of five hundred dollars
for each offence, to be recovered by suit or indictment in
any circuit or district court of the United States or the
Territories thereof, one half to the use of the govern-
ment, and the other half to the informer; and all contracts
which may be made in violation of this law shall be void,
and all sums of money or property paid may be recovered
back by the party paying the same, in any court having
jurisdiction of the same.
Sec. 12. And be it further enacted, That there shall
be allowed and paid to the marshals of the several States,
Territories, and the District of Columbia, the amount of
postage by them respectively paid on letters relating to
their duties under this act.
Sec. 13. And be it further enacted, That it shall
be the duty of the Secretary of State to cause to be noted
ând corrected^ all the clerical errors in the returns of the marshals and as-
sistants, whether in the additions, classification of inhabi-
tants or otherwise, and to direct to be printed in the man- ând from those returns so corrected to cause to be complied schedules of the enumeration by counties, towns, parishes, precincts or (districts as the case may be distinguishing the sexes of all free white persons and ages of all free white^

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^white males and females respectively, under five years of age; those of five and under ten; those of ten and under fifteen; those of fifteen and under twenty; those of twenty and under thirty; those of thirty and under forty; those of forty and under fifty; those of fifty and under sixty; those of sixty and under seventy; those of seventy and under Eighty; those of Eighty and under ninety; those of ninety and under a hundred; those of a hundred and upwards. Distinguishing also the sexes of all free coloured persons and of all other coloured persons bound in service for life or a term of years and the ages of such free and other colored persons respectively of each sex under ten years of age; of ten and under 24; of 24 and under 36; of 36 and under 55; of 55, and under 100; of 100 and upwards. And to direct to be printed in the man-^

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22 ^-^ner provided as aforesaid, the corrected aggregate returns
only.
Sec. 14. And be it further enacted, That the com-
pensation of the respective persons, who are employed by
the Secretary of State in executing the provisions of this
act, shall be fifteen hundred dollars to the superintending
clerk per annum; to the recording clerk, whose duty it
shall be to keep the record of the receipt of the returns of
the several marshals at the State department, and also the
accounts of the several examiners of the returns of the
enumeration of inhabitants, and certify to their correctness,
one thousand dollars per annum; to an assistant clerk,
six hundred and fifty dollars per annum; to a packer and
folder, six hundred per annum; to a laborer, three
hundred and sixty dollars per annum; to four proof
readers, whose duty it shall be to read and revise the
proofs of the printers, and also revise the additions of the
several examining clerks, four dollars and fifty cents per
day, except Sundays; to eight clerks, whose duty it shall
be to examine the statistical returns of agriculture, manu-
factures, commerce, and trades of the several marshals,
and correct the same, four dollars per day, except Sun-
days; to two clerks to examine and state the accounts of
the marshals and their assistants, four dollars per day,

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1 except Sundays; to three copying clerks to prepare copy
for the printers, three dollars per day, except Sundays;
and the said salaries shall commence from the date of
their being so employed, and the persons who shall be
employed to examine and correct the returns of the enu-
meration of inhabitants, and the statistics connected there-
with, shall receive six cents per page for such examination
and correction, and fifty cents per page for making reca-
pitulations of the returns of the assistant marshals.
Sec. 15. And be it further enacted, That the afore-
said marshals and their assistants shall also take a census
of all persons receiving pensions from the United States
for revolutionary or military services, stating their names
and ages; and also shall collect and return, in statistical
tables under proper heads, according to such forms as
shall be furnished, all such information in relation to
mines, agriculture, commerce, manufactures, and schools,
as will exhibit a full view of the pursuits, industry, edu-
cation, and resources of the country, as shall be directed
by the President of the United States. And it shall be
the duty of the Secretary of State, under the direction of
the President, to prepare such forms, regulations, and
instructions as shall be necessary and proper to comply
with the provisions of this act.
Sec. 16. And be it further enacted, That the sûm^

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22 of twenty ^seventy^ thousand dollars is hereby appropriated, out of
any money in the treasury not otherwise appropriated,
for the purpose of carrying this act into effect.
Sec. 17. And be it further enacted, That the aggre-
gate returns of the census for the year eighteen hundred
and fifty, directed to be printed under the superintendence
of the Secretary of State, shall be distributed and disposed
of by the Secretary of State, as follows: to the State of
Maine, two hundred; to the State of New Hampshire,
one hundred and fifteen; to the State of Massachusetts,
three hundred; to the State of Rhode Island, forty; to
the State of Connecticut, one hundred and twenty; to the
State of Vermont, one hundred and ten; to the State of
New York, nine hundred and eighty; to the State of
New Jersey, one hundred and fifty; to the State of Penn-
sylvania, six hundred and ninety; to the State of Dela-
ware, forty; to the State of Maryland, one hundred and
ninety; to the State of Virginia, five hundred; to the
State of North Carolina, three hundred and ninety; to
the State of South Carolina, two hundred and forty; to
the State of Georgia, two hundred and eighty; to the
State of Kentucky, three hundred and ten; to the State
of Tennessee, three hundred and thirty; to the State of
Ohio, six hundred and ten; to the State of Louisiana,
one hundred and forty; to the State of Indiana, two

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35 hundred and eighty; to the State of Mississippi, one
hundred and fifty; to the State of Illinois, two hundred
and thirty; to the State of Alabama, two hundred and
forty; to the State of Missouri, one hundred and sixty;
to the State of Arkansas, fifty; to the State of Michigan,
ninety; to the State of Florida, thirty; to the State of
Iowa, twenty; to the State of Texas, copies; to
the State of Wisconsin, thirty; to each number of the
present Congress, and the delegates from the Territories,
the President, and Vice President of the United States, to
each, five copies, ând to the Department of State for the use of that department and for the legations of the United States fifty copies and for foreign legations to the United States seventy five copies.^ being, in the whole,
copies; and that the remaining copies be placed in the
library of Congress for future disposition.