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The assistants were required to take an oath or affirmation before entering upon their work, and also upon its completion, as to the making of the enumeration by actual inquiry, and they were subject to the same penalties as were prescribed at the census of 1820. But in the case of the marshals it was provided, in addition to the penalties prescribed by the law of 1820, "that, if any marshal, in any district within the United States or Territories, shall, directly or indirectly, ask, demand, or receive, or contract to receive, of any assistants to be appointed by him under this act, any fee, reward, or compensation 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 compensation 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 offense, 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 Government 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.
The inquiries at this census related to population only, the provision for the collection of industrial statistics being omitted, and for the first time a printed schedule of uniform size was used. This schedule, which was about 18 inches wide by 15 inches long, had the inquiries printed at the heads of the columns and provided spaces for the entry of the returns for 28 families to each page. It called for a division of the free white population of each sex according to the number under 5 years of age, 5 to 10, 10 to 15, 15 to 20, 20 to 30, 30 to 40, 40 to 50, 50 to 60, 60 to 70, 70 to 80, 80 to 90, 90 to 100, and 100 years and upward; a classification of slaves and free colored persons, respectively, according to the number of each sex under 10 years of age, 10 to 24, 24 to 36, 36 to 55, 55 to 100, and 100 years and upward; the number of white persons and of "slaves and colored persons," included in the foregoing classifications, under 14 years of age, 14 and under 25, and 25 years and upward, respectively, who were deaf and dumb, but without distinction of sex in either case, and also the number of each of the two classes named who were blind, but without distinction of sex or age; and a statement, finally, for white persons only, of the number who were aliens, that is, foreigners not naturalized, the same as in 1820.
The compensation of assistants, of whom there were approximately 1,519, was increased at this census to $1.25 for every 100 persons returned in the country, and in cities and towns containing more than 3,000 inhabitants at the rate of $1.25 per 100 up to 3,000 persons and at the rate of $1.25 for every 300 persons over 3,000 residing in such
cities or towns; and in those districts where the rate was increased, with the approbation of the judges, it was not to exceed $1.75 for every 50 persons returned. The allowance to each assistant for making the two copies of their return to be set up at two of the most public places within their district was also increased from $2 to $5 for each copy. A further allowance was also made in certain cases where the superficial content of any county or parish exceeded 20 miles square, and the number of inhabitants was not more than 3,000, but this allowance was not to exceed, in any case, $4 for every 50 persons returned, and also when any county or parish exceeded 40 miles square, and the population was not more than 3,000, a like allowance was to be made, but not to exceed $6 for every 50 persons returned. There were 36 districts and territories to be enumerated in 1830, and, with few exceptions, the compensation of the marshals was increased, $50 in most cases, and, in a few cases, $100, the highest amount paid being $400, that to the marshal of the district of Ohio, and the lowest amount $100, that to the marshal of the District of Columbia and to each of the four marshals in the Territory of Florida. The marshals were further allowed by the act of 1830 the amount of postage paid by them in connection with their duties under said act, and it was also provided by the act of April 30, 1830, that papers relating to the census should be transmitted by mail without regard to the weight of the package.
As in 1820, the Secretary of State was directed to print the returns for the use of the Congress, 3,000 copies of the returns of the fifth census being authorized, and in their distribution it was provided that the several colleges and incorporated historical societies and athenæums should each receive one copy.
By the terms of the act governing the taking of the census of 1830, the President was authorized to have made "a careful revision of the statements heretofore transmitted to Congress of all former enumerations of the population of the United States and their Territories, and to cause an abstract of the aggregate amount of population in each State and Territory to be printed by the printer to Congress (designating the number of inhabitants of each description by counties or parishes) to the number of two thousand copies," and for which the sum of $2,000 was appropriated.
This revision was not carefully made, however, and General Walker, the Superintendent of the ninth and tenth censuses, says: "So hastily and heedlessly was this work performed that it must be regarded as absolutely valueless. Many pages of that republication would, by merely noting the necessary corrections, be almost as much disfigured as the worst proof of statistical matter ever seen in a printing house." (a)
a Report on Population and Social Statistics, Ninth Census, xliv.
Under the provisions of the act of March 23, 1830, the clerks of the district and superior courts were required, within thirty days after the original returns of the assistants had been laid before the grand juries for their inspection, to transmit and deliver all such original returns so filed to the Department of State; but this provision was repealed later by the second section of the act of February 3, 1831.
By the terms of the resolution of May 28, 1830, the said clerks were further directed to transmit to the Secretary of State the several returns of the enumeration of the inhabitants of the United States, filed in their respective offices by direction of the several acts providing for the first four censuses or enumerations.
By the third section of the act of February 3, 1831, it was made the duty of the Secretary of State "to note all the clerical errors in the returns of the marshals and assistants, whether in the additions, classification of inhabitants, or otherwise, and cause said notes to be printed, with the aggregate returns of the marshals, for the use of Congress." In the revision of the returns of the fifth census, 43 clerks were temporarily employed in the office of the Secretary of State.
The printed results of the fifth census are contained in a large folio volume of 163 pages; but the report was so badly printed that it was republished the same year by direction of Congress under the imme diate supervision of the Secretary of State. The two reports were bound together in one volume, and were preceded by a statement of the population of the several districts of the United States at the cen suses of 1790, 1800, 1810, 1820, by counties, followed by a recapitulation by districts. The volume also contains copies of the circulars sent to the marshals by the Secretary of State concerning their duties under the census act, and the instructions and forms to be used in the enumeration.
The results of the fifth census or enumeration are presented, as heretofore, by counties and towns in the northern districts, and by counties only in the southern districts; and in the republished returns some attempt at uniformity of presentation is made by supplying the recapitulations by counties, which were omitted in the first publication in many of the northern districts.
The total population of the United States in 1830 was 12,866,020, including 5,318 persons on public ships in the service of the United States, not credited to any State or Territory.
The total cost of the fifth census was $378,545.13, subdivided as follows: For enumerating the inhabitants, $322,343; for printing, $18,473.32; for postage, $7,097.79; for temporary clerk hire at the Department of State, $11,997.33; for contingent and incidental expenses, including stationery, office furniture, laborers, freight, transportation, binding, etc., $18,633.69. (a)
a Report of Seventh Census, viii.
The whole amount of money appropriated for this census was $600,000, but by act of April 24, 1830, $200,000 of this amount, not being required, was ordered to be passed to the surplus fund at the close of the year 1830.
THE SIXTH CENSUS: 1840.
The sixth census was taken under the direction of the Secretary of State, and was governed by the same general provisions of law as were in effect in 1830. The marshals were required to appoint one or more assistants in each county and city and to divide their districts or territories into suitable divisions, which should not comprise more than one county, but could consist of one or more towns, townships, wards, hundreds, precincts, or parishes, plainly and distinctly bounded.
In accordance with the provisions of the act of March 3, 1839, as amended by the act of February 26, 1840, by which certain discrepancies in the first act were rectified, the enumeration was to be made by actual or personal inquiry, and was to commence on the 1st day of June, 1840, and to be completed within five months. The assistants were required within the five months, or on or before November 1, 1840, to transmit two copies of their returns to the marshals, who were in turn required to file one copy and an attested copy of their return to the Secretary of State with the clerks of the district or superior courts, and to transmit on or before December 1, 1840, to the Secretary of State one copy of the returns of their assistants and the return of the aggregate amount of each description of persons. The time for the completion of the work by the assistants and marshals was extended, by act of January 14, 1841, to May 1 and June 1, 1841, respectively, and these limits were further extended, by the act of September 1, 1841, to December 1, 1841, and January 1, 1842, respectively. It was also provided by the latter act that a reenumeration should be made in the county of Montgomery, Md., before the 1st day of October, 1841, to be taken as of June 1, 1840, but that this corrected return should not delay the printing of the census, and should be printed separately.
The marshals and assistants were required to take and subscribe to the same forms of oath or affirmation as in 1830, and in case of failure or neglect to perform properly their duties, or in the case of a false return, they were subject to the same penalties, including the provision making it a misdemeanor for a marshal to receive, directly or indirectly, any fee or reward for the appointment of any of his assistants.
By the terms of the supplementary act of February 26, 1840, it was made lawful for a marshal to take part in the enumeration of a portion of his district, and upon his so doing, he was to have the benefit
of the compensation allotted therefor, as if it had been done by an assistant.
No form of schedule for the enumeration of the population was prescribed by the act providing for the census of 1840, being presumably left to the discretion of the Secretary of State, although the law stipulated the nature of the inquiries to be made. The schedule which was provided for the use of the marshals and assistants followed very closely the size and form of the schedule used in 1830, and called for the same subdivisions of the population as to color, sex, and age as at that census, together with the inquiry as to the number of white persons and of free colored and slaves who were deaf and dumb or blind, the same as in 1830, with the exception that the deaf and dumb among the free colored and slave population were not subdivided in 1840 according to the three age periods specified in 1830. In addition, a further inquiry was made for each of these two classes of the population as to the number of insane and idiots, who were, respectively, at public or private charge, and the schedule also called for the number of persons in each family employed in each of seven classes of occupations, namely, mining, agriculture, commerce, manufactures and trades, navigation of the ocean, navigation of canals, lakes, and rivers, and learned professions and engineers.
It was also provided by section 13 of the act of March 3, 1839, that the marshals and assistants should also take a census of all persons receiving pensions from the United States for Revolutionary or military services, stating their names and ages," and that they also should "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, education, and resources of the country, as shall be directed by the President of the United States;" and it was also made the duty of the Secretary of State, under the direction of the President, to prepare the necessary forms, regulations, and instructions for carrying out this provision of the census act. The inquiries to be made concerning the names and ages of the pensioners for Revolutionary or military services and the statement concerning schools were incorporated in the schedule relating to the population, and, in the latter case, called for the number of universities or colleges, of academies and grammar schools, and of primary and common schools, respectively; the number of students or scholars in each of these three classes of schools; the number of scholars at public charge, and the number of white persons over 20 years of age who
could not read and write.
This provision of the act is also responsible for the inquiries concerning the occupations of the people, which were inserted in the schedule relating to the population as the complement, no doubt, of S. Doc. 1943