ment to collect the social statistics shall not be deemed an interference with the duties of the assistants.

SEC. 8. And be it further enacted. That whenever the population returned in any district shall exceed one million, the marshal thereof shall be entitled to receive as à 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 district may, at his discretion, perform the duties of an assistant in any subdivision in 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.

II.—Of Assistants, their Duties, Liabilities, and Compensation.

SEC. 9. And be it further enacted, That 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 act, and shall take and subscribe the following oath, or affirmation, which shall be thereon indorsed, to wit:

an assistant to the marshal of the district of

I, -, 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.

SEC. 10. And be it further enacted, That each assistant, when duly qualified in manner aforesaid, shall perform the service 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 each family, if anyone 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.

SEC. 11. And be it further enacted, That each assistant shall, within one month after the time specified for the completion 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 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. SEC. 12. And be it further enacted, That 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 ascertained by multiplying the square root of the number of dwelling houses in the division by the square root of the number of square miles in each division, and the product shall be taken as the number of miles traveled for all purposes in taking this census.

SEC. 13. And be it further enacted, That, 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 productive industry, fully taken and returned, fifteen cents; for the social statistics, two per cent upon the amount allowed for the enumeration of population, and for each name of a deceased person returned, two cents: Provided, however, That, in making returns of farms and establishments of pro

ductive industry, the instructions given by the Secretary 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.

SEC. 14. And be it further enacted, That any assistant who, having accepted the appointment, shall, without justifiable cause, neglect or refuse to perform the duties enjoined on him by this act, shall be guilty of a misdemeanor, and, upon conviction, be liable to a forfeiture of five hundred dollars; or if he shall willfully make a false oath, it shall be deemed perjury; or if he shall willfully make a false certificate, it shall be deemed a misdemeanor, and if convicted or found guilty of either of the last-named offenses, 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 offenses when committed by him.

SEC. 15. And be it further enacted, That 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 members of any such family, then any agent of such family shall be, and each of them 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.

SEC. 16. And be it further enacted, That all fines and penalties herein provided for may be enforced in the courts of the United States within the states or territories where such offense shall have been committed, or forfeiture incurred.

SEC. 17. And be it further enacted, That 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 business, Census," and subscribing the same with the addition to his name of marshal, 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 appropriated, 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.

SEC. 18. And be it further enacted, That if, in any of the territories or places where the population is sparse, the officers of the Army, or any persons thereto belonging, can be usefully employed in taking the census, the Secretary of War is hereby directed to afford such aid, if it can be given without prejudice to the public service.

SEC. 19. And be it further enacted, That the Secretary of the Interior is hereby required to carry into effect the provisions of this act, and to provide blanks and distribute the same among the marshals, so that the enumeration may commence on the 1st day of June next, and be taken with reference to that day in each and every district and subdivision of districts; to draw up 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 marshals and assistants to make return of their respective doings completed, at the times herein prescribed; and further, as the returns are so made, to cause the same to be 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 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 management 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 annum. The blanks and preparatory printing for taking the census shall be prepared and executed under the direc tion of the census board; the other printing hereafter to be executed as Congress shall direct.

SEC. 20. [as amended by section 3, chapter 74, laws of 1852; act of July 30, 1852, vol. 10, S. L., page 25.] And be it further enacted, That for the purpose of carrying into effect this act, and defraying the preliminary expenses, there is hereby appro

priated, 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 may necessarily be in their employ.

SEC. 21. And be it further enacted, That whenever a marshal shall certify that an assistant has completed to his satisfaction, 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. And he shall make payments in the manner and upon like conditions to the several marshals for their services.

SEC. 22. And be it further enacted, That the tables hereto annexed, and made part of this act, are numbered from one to six, inclusive. (a)

SEC. 23. And be it further enacted, That 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 inhabitants thereof is required to be taken, such census shall, in all things, be taken and completed according to the provisions of this act. SEC. 24. And be it further enacted, That from and after the third day of March, one thousand eight hundred and fifty-three, 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.

SEC. 25. And be it further enacted, That so soon as the next and each subsequent enumeration of the inhabitants of the several states, directed by the Constitution of the United States to be taken, shall be completed 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 apportionment, 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 apportioned to such state under the then last enumeration: Provided, That the loss in the number of members caused by the fractions remaining in the several states, on the division of the population thereof, shall be compensated for by assigning to so many states having the largest fractions, one additional member each for its fraction as may be necessary to make the whole number of Representatives two hundred and thirty-three. And provided, also, That if, after the apportionment of the Representatives under the next, or any subsequent census a new state or states shall be admitted into the Union, the Representative or Representatives assigned to such new state or states shall be in addition to the number of Representatives herein above limited; which excess of Representatives over two hundred and thirty-three shall only continue until the next succeeding apportionment of Representatives under the next succeeding census.

SEC. 26. And be it further enacted, That when the Department of the Interior shall have apportioned the Representatives, in the manner above directed, among the several states under the next or any subsequent enumeration of the inhabitants of the United States, he shall, as soon as practicable, make out and transmit, under the seal of his office, to the House of Representatives, a certificate of the number of members apportioned to each state under the then last enumeration; and shall likewise make out and transmit, without delay, to the executive of each state, a certificate, under his seal of office, of the number of members apportioned to such state under such last enumeration.

SEC. 27. And be it further enacted, That the Secretary of the Interior, in his instructions to the marshals, shall direct that the statistics in regard to all other descriptions of hemp not embraced in the denomination of dew and water rotted, shall be taken and estimated in the returns.

Approved, May 23, 1850.

a Schedules 1 to 6 were appended to act. (See Appendix A.)

TERRITORIES-SUPPLEMENTARY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and is hereby, authorized to increase the compensation allowed to marshals or agents, and their assistants, for taking the seventh census in California, Oregon, Utah, and New Mexico, so as to secure the prompt and faithful execution of the work.

SEC. 2. And be it furthar enacted, That in enumerating persons residing in California, Oregon, Utah, and New Mexico, the several assistant marshals or agents shall include those who may have removed from their residence in any state or territory of the United States prior to the first day of June, one thousand eight hundred and fifty, and settled subsequent to that date in either of the said countries.

SEC. 3. And be it further enacted, That each assistant marshal or agent shall pe paid for making out and returning complete copies of the original census returns, as required in the eleventh section of the act to which this is a supplement, eight cents for each page of the two copies of the original census returns, required to be furnished by the eleventh section of the act to which this is a supplement.

SEC. 4. And be it further enacted, That in any of the districts of the United States where causes beyond the control of the marshal shall have tended to delay the taking of the census so that the same could not be taken, and return thereof made within the time prescribed by the act of twenty-third May, the Secretary of the Interior may, if he sees proper, extend the time to any day not later than the first day of January, eighteen hundred and fifty-one: Provided, That the Secretary may extend the time for completing the census in California, Oregon, Utah, and New Mexico, to such time as in his discretion may be deemed advisable. Approved August 30, 1850.

ACTS APPROVED MARCH 3, 1879, AND APRIL 20, 1880.

AN ACT to provide for taking the tenth and subsequent censuses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a census of the population, wealth, and industry of the United States shall be taken on or for the date, June first, eighteen hundred and eighty.

SEC. 2. That there shall be established in the Department of the Interior an office to be denominated the Census Office, the chief officer of which shall be called the Superintendent of the Census, whose duty it shall be, under the direction of the head of the department, to superintend and direct the taking of the Tenth Census of the United States, in accordance with the laws relating thereto, and to perform such other duties as may be required of him by law.

SEC. 3. The Superintendent of Census shall be appointed by the President, by and with the advice and consent of the Senate; and he shall receive an annual salary of five thousand dollars; and the Secretary of the Interior may appoint a chief clerk of the Census Office, six clerks of class four, ten clerks of class three, fifteen clerks of class two, with such number of clerks of class one, and of copyists and computers at salaries of not less than seven hundred dollars or more than one thousand dollars, as may be found necessary for the proper and prompt compilation and publication of the results of the enumeration of the census herein provided to be taken. And upon such compilation and publication of said census, said office of Superintendent shall cease, and the period of service of said clerks shall end.

SEC. 4. The Secretary of the Interior shall, on or before the first day of March, eighteen hundred and eighty, designate the number, whether one or more, of supervisors of census, to be appointed within each state or territory, who shall be resi dents of the state or territory. The supervisors shall be appointed by the President of the United States, by and with the advice and consent of the Senate. The total number of such supervisors shall not exceed one hundred and fifty. The Superintendent and the supervisors shall, before entering upon the duties of their offices, respectively, take and subscribe the following oath or affirmation: I,

(Superintendent or supervisor, as the case may be), do solemnly swear or affirm that I will support the Constitution of the United States, and perform and discharge the duties of the office of (Superintendent or supervisor, as the case may be), according to law, honestly and correctly, to the best of my ability; which oath shall be filed in the office of the Secretary of the Interior.

SEC. 5. Each supervisor of census shall be charged with the performance, within his own district, of the following duties: To propose to the Superintendent of Census the apportionment of his district into subdivisions most convenient for the purpose of enumeration, to designate to the Superintendent of Census suitable persons, and,

with the consent of said Superintendent, to employ such persons as enumerators within his district, one for each subdivision, and resident therein, who shall be selected solely with reference to their fitness, and without, reference to their political or party affiliations, according to the apportionment approved by the Superintendent of Census; to transmit to enumerators the printed forms and schedules issued from the Census Office, in quantities suited to the requirements of each subdivision; to communicate to enumerators the necessary instructions and directions relating to their duties, and to the methods of conducting the census, and to advise with and counsel enumerators in person and by letter, as freely and fully as may be required to secure the purposes of this act; and under the direction of the Superintendent of Census, and to facilitate the taking of the census with as little delay as possible, he may cause to be distributed by the enumerators, prior to the taking of the enumeration, schedules to be filled up by householders and others; to provide for the early and safe transmission to this office of the returns of enumerators, embracing all the schedules filled by them in the course of enumeration, and for the due receipt and custody of such returns pending their transmission to the Census Office; to examine and scrutinize the returns of enumerators, in order to ascertain whether the work has been performed in all respects in compliance with the provisions of law, and whether any town or village or integral portion of the district has been omitted from enumeration; to forward to the Superintendent of Census the completed returns of his district in such time and manner as shall be prescribed by the said Superintendent, and in the event of discrepancies or deficiencies appearing in the returns from his district, to use all diligence in causing the same to be corrected or supplied; to make up and forward to the Superintendent of Census the accounts required for ascertaining the amount of compensation due under the provisions of this act to each enumerator of his district.

SEC. 6. Each supervisor of census shall, upon the completion of his duties to the satisfaction of the Secretary of the Interior, receive the sum of five hundred dollars in full compensation for all services rendered and expenses incurred by him, except an allowance for clerk hire may be made, at the discretion of the Superintendent of Census.

SEC. 7. No enumerator shall be deemed qualified to enter upon his duties until he has received from the supervisor of census of the district to which he belongs a commission, under his hand, authorizing him to perform the duties of an enumerator, and setting forth the boundaries of the subdivision within which such duties are to be performed by him. He shall, moreover, take and subscribe the following oath or affirmation:

an enumerator for taking the

"I, census of the United States, do solemnly swear (or affirm) that I will make a true and exact enumeration of all the inhabitants within the subdivision assigned to me, and will also faithfully collect all other statistics therein, as provided for in the act for taking the census, and in conformity with all lawful instructions which I may receive, and will make due and correct returns thereof as required by said act, and will not disclose any information contained in the schedules, lists, or statements obtained by me to any person or persons, except to my superior officers.

(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 supervisor of census before the date fixed herein for the commencement of the enumeration.

SEC. 8. It shall be the duty of each enumerator, after being qualified in the manner aforesaid, to visit personally each dwelling house in his subdivision, and each family therein, and each individual living out of a family in any place of abode, and by inquiry made of the head of such family, or of the member thereof deemed most credible and worthy of trust, or of such individual living out of a family, to obtain each and every item of information and all the particulars required by this act, as of date June first, eighteen hundred and eighty. And in case no person shall be found at the usual place of abode of such family or individual living out of a family competent to answer the inquiries made in compliance with the requirements of this act, then it shall be lawful for the enumerator to obtain the required information, as nearly as may be practicable, from the family or families or person or persons living nearest to such place of abode: Provided, That Indians not taxed shall be omitted from the enumeration; but the Superintendent of Census may employ special agents or other means to make an enumeration of all Indians not taxed, within the jurisdiction of the United States, with such information as to their condition as may be obtainable.