# United States Statutes at Large/Volume 5/25th Congress/3rd Session/Chapter 80

Chap. LXXX.—An Act to provide for taking the sixth census or enumeration of the inhabitants of the United States.
Act of Feb. 26, 1840, ch. 3. Act of Jan. 14, 1841, ch. 3. Act of Sept. 1, 1841, ch. 15. Resolution of Sept. 1, 1841. Resolution of April 14, 1842. Number of inhabitants to be taken, &c. Whites. Age and sex.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the marshals of the several districts of the United States, and of the District of Columbia, and of the Territories of Wisconsin, Iowa, and of Florida, 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 territories (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 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 distinguish the number of those free white persons included in such enumeration who are deaf and dumb, under the ageDeaf and dumb. of fourteen years; and those of the age of fourteen years and under twenty-five; and of the age of twenty-five and upwards; and shall further distinguish the number of those free white persons included in such enumeration who areBlind. Insane and idiots. Colored. Age and sex of free and slaves. blind: and also in like manner of those who are insane, or idiots, distinguishing further such of the insane and idiots as are a public charge. 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 distinguish the number of those free colored and other colored persons included in the foregoing who are deaf and dumb,Deaf and dumb. Blind. Insane and idiots. Marshals may appoint assistants. without regard to age, and those who are blind and also in like manner of those who are insane or idiots, distinguishing further such of the insane and idiots as are a public charge. 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.Enumeration to be made by actual inquiry. Marshals and assistants to take an oath, &c. The said enumeration shall be made by an actual inquiry by such marshals 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 subscribe an oath or affirmation before some judge or justice of the peace resident within their respective districts and territories, for the faithful performance of their duties. The oath or affirmation of the marshal shall be as follows:Form of marshal’s oath. “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 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 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:Form of assistants’ oath. “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 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.”Enumeration, when to commence. The enumeration shall commence on the first day in June, in the year one thousand eight hundred and forty, and shall be completed and closed within ten calendar months thereafter. The several assistants shall, within nine months, and on or before the first day of October, one thousand eight hundred and forty, deliver to the marshals by whom they shall be appointed, respectively, two copies of the accurate returns of all persons, except Indians not taxed, to be enumerated as aforesaid, within their respective divisions;Form of return. which returns shall be made in a schedule, and which shall distinguish, in each county, city, town, township, ward, precinct, 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.
Penalty.Sec. 2. And be it further enacted, That every assistant 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 two hundred dollars, recoverable in the manner pointed out in the next section hereof.
Marshals to file one copy of returns, &c.Sec. 3. And be it further enacted, That the marshals 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 December, in the year one thousand eight hundred and forty, transmit to the Secretary of State one copy of the several returns received from each assistant, and, also, the aggregate amount of each description of persons within their respective districts or territories; and every marshal failing to file the returns of his assistants, or the returns of any of them, with the clerks of the respective 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 for neglect. Where recoverable. forfeit the sum of one thousand dollars; which forfeiture shall be recoverable in the courts of the districts or territories where the said offences shall be committed, or within the circuit courts held within the same, by action of debt, information, or indictment; the one half thereof to the use of the United States, and the other half to the informer; but where the prosecution shall be first instituted on behalf of the United States, the whole shall accrue to their use;The judges shall give this act in charge to grand juries, &c. 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 expiration 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 respective 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.Clerks to transmit to the Dep’t of State. And the respective clerks of the said courts shall, within thirty days after the said original returns shall have been laid before the grand juries aforesaid, transmit and deliver all such original returns, so filed, to the department of State.
Compensation of assistants.Sec. 4. And be it further enacted, That every assistant shall receive at the rate of two dollars for every hundred persons by him returned, where such persons reside in the country; and where such persons ​reside in a city 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 such city or town; but where, from the dispersed situation of the inhabitants in some divisions, two dollars will not be sufficient 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 assistants in such divisions as shall be deemed an adequate compensation:Proviso. Further proviso. 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 provision of the act entitled ‘An act to provide for taking the sixth 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 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.”
Compensation to marshals.The compensation of the several marshals shall be as follows:
* Maine.The marshal of the district of Maine, four hundred dollars;
* N. Hampshire.The marshal of the district of New Hampshire, four hundred dollars;
* Massachus’ts.The marshal of the district of Massachusetts, four hundred and fifty dollars;
* Rhode Island.The marshal of the district of Rhode Island, two hundred and fifty dollars;
* Vermont.The marshal of the district of Vermont, four hundred dollars;
* Connecticut.The marshal of the district of Connecticut, three hundred and fifty dollars;
* New York, Southern dist.The marshal of the southern district of New York, four hundred and fifty dollars;
* New York, Northern dist.The marshal of the northern district of New York, four hundred and fifty dollars;
* New Jersey.The marshal of the district of New Jersey, three hundred and fifty dollars;
* Pennsylvania, Eastern dist.The marshal of the eastern district of Pennsylvania, four hundred dollars;
* Pennsylvania, Western dist.The marshal of the western district of Pennsylvania, four hundred dollars;
* Delaware.The marshal of the district of Delaware, two hundred and twenty-five dollars;
* Maryland.The marshal of the district of Maryland, four hundred and fifty dollars;
* Virginia, Eastern district.The marshal of the eastern district of Virginia, four hundred dollars;
* Virginia, Western district.The marshal of the western district of Virginia, four hundred dollars;
* Kentucky.The marshal of the district of Kentucky, four hundred and fifty dollars;
* N. Carolina.The marshal of the district of North Carolina, four hundred and fifty dollars;
* S. Carolina.The marshal of the district of South Carolina, four hundred and fifty dollars;
* Georgia.The marshal of the district of Georgia, four hundred and fifty dollars;
* E. Tennessee.The marshal of the district of East Tennessee, two hundred dollars;
* W. Tennessee.The marshal of the district of West Tennessee, two hundred dollars;
* Tennessee Middle dist.The marshal of the middle district of Tennessee, two hundred dollars;
* Ohio.The marshal of the district of Ohio, five hundred dollars;
* Indiana.The marshal of the district of Indiana, four hundred and fifty dollars;
* Illinois.The marshal of the district of Illinois, three hundred dollars;
* Mississisppi, Northern dist.The marshal of the northern district of Mississippi, two hundred dollars;
* Mississippi, Southern dist.The marshal of the southern district of Mississippi, two hundred dollars;
* Louisiana.The marshals of the districts of Louisiana, two hundred dollars each;
* Alabama, Northern dist.The marshal of the northern district of Alabama, two hundred dollars;
* Alabama, Southern dist.The marshal of the southern district of Alabama, two hundred dollars;
* District of Columbia.The marshal of the District of Columbia, one hundred and fifty dollars;
* Michigan.The marshal of the district of Michigan, two hundred and fifty dollars;
* Arkansas.The marshal of the district of Arkansas, two hundred and fifty dollars;
* Florida.The marshals of the Territory of Florida, respectively, fifty dollars;
* Wisconsin.The marshals of the Territory of Wisconsin, two hundred and fifty dollars;
* Iowa.The marshals of the Territory of Iowa, two hundred and fifty dollars.
Returning transient persons.Sec. 5. And be it further enacted, That every person whose usual place of abode shall be in any family on the said first day of June, one thousand eight hundred and forty, 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.
Information to be given, under penalty.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 render to the assistant of the division, if required, a true account, 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,How recoverable, &c. 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.
Assistants to set up a correct copy of schedule, &c.Sec. 7. And be it further enacted, That each and every assistant, previous to making his return to the marshal, shall cause a correct copy, signed by himself, of the schedule containing the number of inhabitants within his 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 five dollars:Proviso. 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. of State to transmit instructions, &c. to marshals.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 Territories, regulations and instructions ​pursuant to this act, for carrying the same into effect; and, also, the forms contained 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.
Where a county is in two districts, &c.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 as belonging to that district in which the court-house of said county may be situate.
Further compensation.Sec. 10. And be it further enacted, That, in all cases where the superficial content of any county or parish shall exceed twenty miles square, and the number of inhabitants 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:Proviso. 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 exceed three thousand, a like allowance shall be made, not to exceed six dollars for every fifty persons so returned.
Aggregate to be printed.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 Congress to print, for the use of Congress, ten thousand copies of the aggregate returned received from the marshals: And provided,Proviso. 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 dollarsPenalty. 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 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.
Marhsals to be allowed the postage incurred, &c.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.
A census of pensioners to be taken, &c.Sec. 13. And be it further enacted, That the aforesaid 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, education and resources of the country, as shall be directed by the President of the United States.Forms, &c. to be prepared by the Sec. of State. 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.
Appropriation.Sec. 14. And be it further enacted, That the sum of twenty ​thousand dollars is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of carrying this act into effect.
Approved, March 3, 1839.