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DECEMBER, 1816. Ways and Means were instructed to inquire into cing it. He had risen only to say, that he did the expediency of modifying or repealing the act, not wish those who, with him, would vote for the entitted, "An act laying duties on licenses to re-inquiry, because requested by a member, to be tailers of wines, spiriiuous liquors, and foreign considered as at all pledged to co-operate in the merchandise.”
ultimate object of th mover. An engrossed bill for the relief of Nathaniel The resolution was agreed to. Williams, was read the third time and passed. On motion of Mr. Nelson, of Virginia, (who
Mr. Wright, of Maryland, from the commit suggested the great economy and saving to the tee to whom the subjeci was referred, reported a United States, as well as benefit to the soldiers, bill it to authorize the setilement and payment of of such a provision,) it was certain claims for the services of the militia.". Resolved, That a committee be appointed to (This bill requires the accounting officers of the inquire into the expediency of authorizing a comTreasury to credit and settle all accounts for ser- mutation for money of the bounty land 10 solvices of any detachments of militia called into diers of the regular army, and ibat they report service under the authority of the States for the thereon by bill or otherwise, defence of any part of the United Staies against Mr. ATHERTON, of New Hampshire, offered the invasion of ihe enemy during the late war, in for consideration a resolution enibracing the prothe same manner and on the same principles as position of an amendment to the Constitution accounts for the services of militia called out of the United States, in the following words: under the authority of the United States-pay
" The Congress shall have power to establish ment therefor to be made in six per cent. stock, National University." to be created for the purpose, provided the States interested shall accept the same as full salissac
And on the usual question, will the House tion for the claims. The bill was twice read, tion, it was decided in the negative, thus: For
now proceed to the consideration of the resoluand committed.
Mr. Johnson, of Kentucky, from the Military considering it 54, against it 86. Committee, reported a bill to establish three ad
NATIONAL FLAG. ditional Military Academies, (one in this Dis. trict, one at Mount Dearborn, South Carolina, On motion of Mr. WENDOVER, of New York, and one in the vicinity of Newport, Kentucky, the House proceeded to the consideration of his at the confluence of the Ohio and Licking rivers.) motion to appoint a committee lo ioquire into the The bill received the usual readings, and was expediency of altering the flag of the Voited committed to the same committee to whom was
Siales. committed the bill for the establishment of a
Mr. W. said he deemed it improper, in the corps of invalids.
present stage of the business, to discuss the mer. Mr. Wilde, of Georgia, offered for considera- its of the proposition to alter the flag, as the ob tion the following resolution, under the impulse ject of his motion was inquiry only. As to any of positive information of its necessity to pre-would consent to change a flag, under which had
essential alteration, he hoped uo mao in the House vent frauds committed by the sales of vessels abroad, and discharging the seamen without pay-tors and paragraphists, when they said the Yan
been falsified the predictions European orament of their wages, &c.:
kee cock-boals were to be speedily driven from Resolved, That the Committee on Foreign Rela- the ocean. His object, Mr. W. said, was to make tions be instructed to inquire what alterations are necessary in the several acts for the government and the Aag bore one star and one stripe for every
an unessential variation. When first adopted, regulation of seamen in the merchant service, and for State ; when iwo additional Stales entered the the relief of sick and disabled seamen, or of those dis- Union, the flag had been allered by a special act, charged abroad after the sale of their vessels..
by the addition of two stars and stripes, which After some observations from Mr. Smith, of made the flag correspond to the fact. Since that Maryland, respecting existing laws and usages alteration, four States have been added, and the on the subject, and by Mr. WILDE, the resolution flag remains the same. Conceiving this not to was agreed to.
be correct, and that the flag mighi be appropriMr. Bennett offered for consideration the fol- ately altered, he hoped ihe Huuse would consent lowing resolution :
to the propused inquiry. Resolved, That the Committee of Ways and Means Mr. ROBERTSON, of Indiana, said he had, for be instructed to inquire into the expediency of repeal- bis part, no objection to the proposed alteration; ing or modifying the act laying duties on retailers of and suggested the expediency of some general wines, spirituous liquors, and foreign merchandise. law for alteriog the flag in future, by proclama
Mr. LowNDES, of South Carolina, remarked, tion of the Executive, on the admission of new that, as a member of the Commitee of Ways States into the Union. and Means, he certainly could have no objection Mr. TAYLOR, of New York, was in favor of to any inquiry wbich ihe House might direct; the inquiry, aod for a reason different from that but, in his opinion, there never bad been a mo-assigned by his colleague. He had been informed ment when there was less inducement to repeal | by paval gentlemen, that our flag could be seen this tax iban pow; and stronger reasons might and recognised on the ocean at a greater distance perhaps be adduced for increasing than for redu-than that of any other nation. If the stripes and
Carriage Tac-Militia of the States.
H. OP R.
stars were increased, the flag would become less On motion of Mr. JOHNSON, of Kentucky, the distinct to distant observation, which Mr. T. was Committee on Post Offices and Post Roads were desirous to prevent, and therefore was in favor of instructed to inquire into the expediency of openrestoring the 10 its original character of sing a road from Louisville, ou the Ohio, lo Newthirteen stars and stripes, and establishing it per casile, and ihence by Boone courl-house, &c., 10 manently the same.
Cincinnati; and the Committee of Pensions were The motion of Mr. WENDOVER was agreed to, instructed io inquire into the expediency of payand a committee ordered to be appointed according to the heirs of Edward Abbolt and John iogly.
Abbott the pay due to them for services in the CARRIAGE TAX.
The SPEAKER laid before the House a report Mr. Root, of New York, prefaced a motion from the Secretary of the Treasury on the claim be rose to make by some observations to show of Pepiland, Hegios, and Co.; which, together the severity of the operation of the carriage tax
with said petition, was referred, on motion of Mr. on that description of carriages, (light wayons, T. Wilson, to the Committee of Claims. &c.) used by l'armers and people in moderale cir. cumstances, on farming and market business, and
MILITIA OF THE STATES. occasionally in carrying families to church, or to
The SPEAKER laid before the House a letter see their neighbors, &c., and argued that, as the from the acting Secretary of War, enclosing "A faith of the United States was no longer pledged plan for classing and arming the militia, and for to retain the 'tax, it should be dispensed with calling them forth 10 execute the laws of ihe without prejudice to the public service. He then Union, suppress insurrections and repel invasion," moved
in obedience to a resuluiioo of ihis House passed "That the Committee of Ways and Means bo in on the 16th of April last; which were read and structed to inquire into the expediency of repealing so referred to the Committee on a re-organization of much of the law laying a tax on carriages, &c., as re- the Militia. The report is as follows: lates to carriages and harness, not exceeding one hun
DEPARTMENT OF WAR, Dec. 13, 1816. dred dollars in value.” Mr. WRIGHT, of Maryland, moved to amend of Representatives, dated the 16th of April last, re
SIR : In compliance with a resolution of the House this motion so as to strike out the limit 10 one questing the Secretary of War " to repori, at an early bundred dollars in value, and thus to include an day of the next session of Congress, a system for the inquiry into the expediency of repealing the organization and discipline of the militia, best calcu. whole law. He predicated ibis motion on the lated, in his opinion, to promote the efficiency of that inequality of the operation of this whole tax, force, when called into the public service," I have the wbich was very grievous in some sections of the honor to submit the enclosed plan. country, while in the larger proportion ii 'was With sentiments of great respect, &c. scarcely felt.
GEO. GRAHAM, Mr. Desha, of Kentucky, was opposed to Mr.
Acting Secretary of War. WRIGHT's motion, thinking that no iax could be HENRY CLAY, Speaker House of Reps. more equitable than a 'tax on luxury and expen. sive habits. As to the inequality of the lax, il A Plan for classing and arming the militia, and for was more than counterbalanced by the inequal- calling them forth to execute the laws of the Union, ily, io an inverse proportion, of other taxes. suppress insurrections, and repel invasions, and to
Mr. Wright's amendment was lost; and Mr. repeal the laws heretofore passed for those purposes. Roor's motion carried, but not by a large ma- The militia of the United States shall be classed by jority.
the proper authority of the several States and Territo ries, in the following manner :
Those between eighteen and twenty-one years of Friday, December 13.
age, shall be called the minor class; those between the Another member, to wit: from New York, age of twenty-one and thirty-one years of age, shall be WILLIAM IRVING, appeared and took his seat. called the junior class ; and those over thirty-onie, and
Mr. ARCHER presented a petition of sundry io. under forty-five years of age, shall be called the senior habitants of Hartford county, in the State of class of militia.
That the militia of the minor class shall be liable to Maryland, praying that a law be passed prohibiting for a limiied time, the exportation of bread- be called into the service of the United States, within stuffs, and the distilling of spirituous liquors from the State of Territory to which they belong, for a term grain, in consequence of the short crops of those
not exceeding months. articles made at the last harvest, and the high called into the service of the United States, within the
The militia of the senior class shall be liable to be price they now bear.-Referred to ihe Commillee State or Territory to which they belong, and in the of Commerce and Manufactures.
adjoining States and Territories, for a term not exceedMr. Berts, from the committee appointed on ing months. the petition of Luther Biogham, made report, The militia of the junior class shall be liable to be which was read: When Mr. Betts reported a bill called into the service of the United States, for the for the relief of Luther Biogham, which was read performauce of any duty requirable of the militia under twice, and committed lo à Committee of the lihe Constitution of the United States, for a term not whole House to-day.
exceeding — months.
Militia of the States.
That when any portion of the militia of the junior That whenever the United States shall be in vaded, class shall be called into the service of the United States, or, in the opinion of the President, shall be in immifor a term exceeding months, they shall, by the nent danger of invasion from any foreign nation or United States, be armed, equipped, and clothed, in the Indian tribe, it shall be his duty to call forth such same manner as the regular troops.
numbers of the militia as he may judge necessary to That the militia of the minor and junior classes, of repel such invasion. each division, shall be annually assembled at not more That whenever the laws of the United States shall than two cantonments within the same, at such time be opposed, or the execution thereof be obstructed, by and place, and for such periods, as shall be designated combinations too powerful to be suppressed by the by the proper authority of the several States and Ter- ordinary course of judicial proceedings, or by the pow. ritories ; during which time, they shall be trained under ers vested by law in the marshals, it shall be the duty the authority of the States agreeably to the system, of the President to call forth such portion of the mili. discipline, and police, which is or may be adopted for tia as may, in his opinion, be necessary to suppress the government of the Army. And officers of experi- such combinations, and to cause the laws to be duly ence shall be detailed by the Executives of the several executed. States and Territories, who shall, at the times and That, whenever it may be necessary, in the judg. places appointed, organize the mil so assembled,ment of the President, to call forth the militia for the into companies, battalions, regiments and corps, and purposes aforesaid, it shall be his duty forthwith, by command the same accordingly, during their encamp- proclamation, to command such insurgents to disperse, ment: Provided, That it shall be the duty of all non- and retire peaceably to their respective abodes, within commissioned officers, under thirty-one years of age, a time to be limited in the proclamation. who may not be detailed for command, punctually to That in case of an insurrection in any State or Ter. attend such encampment of their division, and act in ritory against the Government thereof, it shall be the any capacity of staff
, or non-commissioned officer, Juty of the President, on the application of the Legis. which shall be assigned them : Provided also, That lature of such State or 'Territory, or of the Executive the militia of the said minor and junior classes, belong- of such State or Territory, when the Legislature thereing to the cavalry, shall attend, and be organized and of cannot conveniently be convened, to call forth such instructed as infantry.
nuinber of the militia of any State or Territory as That whilst the militia are so assembled, they shall may, in his opinion, be sufficient to suppress such in. be subsisted and equipped at the expense of the United surrection. States, provided they shall be called out and embodied by That whenever, from any of the occurrences herein the several States, for a periodnot less than - weeks. mentioned, it shall become the duty of the President
That the militia shall be organized by the Legisla- to call forth the militia, he may require the Governor tures of the several States and Territories, into divis- or Commander-in-chief of the militia in any State or ions, brigades, regiments, and corps ; and that the Territory, or such officer of the militia as he may organization of the regiments of infantry, riflemen, judge expedient, to execute his orders, so far as they and cavalry, shall be the same as is now prescribed for may be applicable to their respective commands. the organization of the infantry of the United States. That whenever any part of the militia shall be A brigade shall be composed of four regiments of in- called into the service of the United States, their or. fantry, one regiment of riflemen, one battalion of artil- ganization shall be the same as may, at the time, be lery, (to be organized as the corps of artillery of the provided by law, for the organization of the Army of regular army is now organized.) and of as many the United States ; except when called out by comtroops of cavalry as the Executives of the several panies, corps, regiments, or brigades, when they shall States and Territories may authorize, not exceeding preserve their local organization.
That the militia employed in the service of the UniAnd the privates of the rifle regiment, and of the ted States shall be subject to the rules and articles of light companies of each regiment of infantry, shall be war, which are, or shall be, provided for the governcomposed of men between the ages of eighteen and ment of the Army of the United States. thirty-one years. Two brigades shall form a division. That every officer or non-commissioned officer, who
That there shall be erected in each State and Ter- shall fail to obey the orders of the President, or the ritory, by the United States, one or more arsenal or orders of a superior officer of the militia, which may depot for arms, equipments, tents, and equipage, from be issued in virtue of such orders, in any of the cases which supplies shall be furnished upon requisitions of before recited, for calling forth the militia, shall forfeit the Execulives of States or Territories, made upon the and pay a sum not exceeding months' pay, nor War Department, from which all orders for the deliv- less than months' pay, which he would be entiery of supplies must be given ; and the arms and tied to receive if he were in the actual service of the equipments so delivered shall be charged to the States United States for life, or such term of years as shall and Territories, under the provisions of the act of be determined and judged by a court martial. April 23, 1808, for arming and equipping the whole That every officer, non-commissioned officer, musibody of the militia: Provided, That, in lieu of the cian and private of the militia, who shall be detached appropriation under that act, there shall be applied, as aforesaid, and shall disobey the orders of the Presi. annually, under the direction of the President of the dent, or of any superior officer, for the purposes of car. United States, the sum of - dollars.
rying into effect the object herein contemplated, shall That such tents and camp equipage as may be de- be liable to be tried by a court martial, and receive livered to the militia, shall be receipted for at the de- such punishment as is pointed out by the martial law pots, by officers designated for that purpose by the for similar offences; and, moreover, the non-commisExecutives of the several States and 'l'erritories, and sioned officer, musician, and private, detached as aforecharged to them: Provided, That credit shall be given said, or shall be accepted as substitutes, as hereinaftor for all such as may be returned without other damage mentioned, who shall refuse or neglect lo march and than the usual injury of service.
join bis corps, when ordered so to do by his superior
Militia of the States.
H. OP R,
officer in the detachment, shall be considered as a de- United States, or orders to march for that service agreoserter from the service of the United States, and shall ably herewith, and before their assembling at the apbe dealt with accordingly : Provided, nevertheless, pointed place of rendezvous, shall be tried loy courts That any non-commissioned officer, musician, and pri- martial, to be composed of militia officers only, of the vate of the militia, who shall be detached for the ser. State or Territory to which such delinquents shall bovice of the United States as aforesaid, shall have a long, not in the actual service of the United States. right to furnish an able-bodied man belonging to the All offences committed by the officers, non-commismilitia as a substitute.
sioned officers, privates, or musicians of the militia, That regimental chaplains in the militia which have whilst in the actual service of the United States, shall been, or shall be, called into the service of the United be tried by courts martial composed of militia officers States, shall receive the same monthly pay and rations only in the service of the United States : Provided, as a captain of infantry, with the addition of forage for That offences committed whilst in the service of the one horse ; and whenever called forth into the service United States may be tried and punished, although the of the United States, division quartermasters shall be term of service of ihe delinquent may have expired, und entitled to the pay, emoluments, and allowance of a
the court martial for the trial of such offences shall be deputy quartermaster general ; brigade quartermasters composed of militia officers. without regard to their to the pay, emoluments, and allowance of an assistant having been in the service of the United States. deputy quartermaster general; and regimental quar.
That if any delinquent, directed to be summoned to termasters to the pay and emoluments of a lieutenant appear before a court martial for neglect or refusal to of infantry, and sixteen dollars per month in addition obey the orders of the President, shall be absent when thereto, and forage for one horse ; division inspectors any non-commissioned officer shall call to summon shall be entitled to the pay, emoluments, and allow him, a copy of the summons or written notice thereof, ances of a lieutenant-colonel of infantry; brigade ma- signed by him, and left with some person, of suitable jors to the pay, emoluments, and allowances of a major age and discretion, at the usual place of abode of such of infantry; aids-de-camp to major generals to the delinquent, at least ten days previous to the day of appay, emoluments, and allowances of a major of caval- pearance, shall be held and taken to be a sufficient ry; and aids-de-camp to brigadier generals to the pay, summons of such delinquent; and in case of the nonemoluments, and allowances of a captain of cavalry.
appearance of such delinquent, the court martial may That the expenses incurred, or to be incurred, by proceed on his trial in the same manner as if he had marching the militia of any State or Territory of the appeared and plead not guilty of the charge exhibited United States to their places of rendezvous, in pursu
against him. ance of a requisition of the President, or which shall That it shall be the duty of the president of any court have been, or may be, incurred in cases of calls made martial, for the trial of militia, if required, and upon by the authority of any State or Territory which shall bis being duly satisfied that such testimony is material bave been, or may be, approved by him, shall be ad. to the trial, to issue his precept, directed to any person justed and paid in like manner as the expenses incur- to be summoned as a witness, commanding his or her red after their arrival at such place of rendezvous, on attendance at such court, to testify for or against the the requisition of the President: Provided, That noth- person to be tried, as the case may be ; and any wit. ing herein contained shall be considered as authori. ness having been duly summoned, and failing to apzing any species of expenditure previous to arriving at pear without a reasonable excuse, shall forfeit and pay the place of rendezvous, which is not provided, by ex- a sum not exceeding fifty dollars, to be sued for and isting laws, to be paid for after their arrival at such recovered in the name of the United States, by bill, place of rendezvous.
plaint, or information, in any court of competent juThat in all cases when a brigade of militia shall be risdiction. And if any witness, when called upon for called into the service of the United States, it shall be that purpose, shall refuse to testify, or shall behave the duty of the brigade major of such brigade to in- with contempt to the court; or if any other person spect and muster the same, and sign the muster rolls. shall use any menacing words, signs, or gestures, in If less than a brigade of inilitia be called into the ser presence thereof, or shall cause any riot or disorder vice of the United States, then it shall be the duty of therein, it shall be lawful for such court to punish a brigade major of the division wherein such militia every such offender by imprisonment, for a term not may rendezvous, to inspect and muster the same, and exceeding one month, at the discretion of the court. sign the muster rolls ; iwo musters to be made in the That, for the purpose of carrying into execution the manner aloresaid, one on the assembling, and the sentence, judgment, or order of any court martial, for other on the discharge of such militia. If it should so any of the offences specified in the last clause of the happen that there be no brigade major in the brigade, preceding article, it shall be lawful for the court to iswbere such militia shall be called out, or in the divi- sue an order to any commissioned officer of the inilitia, sion where they shall rendezvous, the commanding not below the rank of captain, commanding him to officer may direct any officer, under the rank of lieu- carry the same into effect by military force, whose duty tenant-colonel, to inspect and muster the militia so it shall be to obey the same, and execute the order called forth.
accordingly. That no writ or civil process, issuing from any court That on the trial of delinquents for offences not capof the United States, shall be served upon any militia ital, by any such court martial, the deposition of witman, or levied upon his property, while performing nesses taken before a justice of the peace, or other permilitia duty in the service of the United States ; nor son authorized to take affidavits to be read in any court shall any judgment be entered in the said courts, in of record in the State or Territory where the same any of the aforesaid cases.
shall be taken, may be read in evidence, provided the All offences committed by the officers, non-commis- prosecutor and person accused are present at taking sioned officers, privates, or musicians of the militia, ihe same, or are duly notified thereof. And further, subsequent to their detachment for the service of the that the returns of captains, or other commanding off
H. OF R.
Tonnage Duties-Uniform Bankrupt Law.
cers of companies of delinquents draughted or ordered any rights and privileges which have been, or may be,
And be it further enacted, That, on all foreign That if any person shall willingly swear false before ships or vessels which shall be entered in the United any such court martial, or in any affidavit or deposition States before the thirtieth day of June next, from any taken as aforesaid, he or she shall be adjudged to be foreign port or place to and with wbich vessels of the guilty of wilful and corrupt perjury, and shall be in United States are not ordinarily permitted to go and dicted, tried, and punished accordingly, by any court trade, there shall be paid a duty at the rale of two dolof competent jurisdiction, in the State or Territory lars per ton. And the duties provided by this act shall where such offence shall be committed.
be levied and collected in the same manner, and under TONNAGE DUTIES.
the same regulations, as are prescribed by law in re
lation to the duties upon tonnage now in force. Mr. Lowndes, of South Carolina, from the
The bill was committed. Committee of Ways and Means, introduced the following report and bill:
UNIFORM BANKRUPT LAW, The Committee of Ways and Means, who have Mr. HOPKINSON, of Pennsylvania, from the been instructed to inquire into the expediency of Committee on the Judiciary, reported a bill " to amending the act entitled "An act to regulate the do-establish an uniform system of bankruptcy." ties on imports and tonnage," so far as it relates to
In introducing the bill, Mr. H. observed, that duties on tonnage, report:
the committee hastened to bring this subject beThat it appears, by a letter from the Secretary of fore Congress, under an impression of its great the Treasury, which accompanies this report, that, importance, and with the hope that the House ander the construction put by the Treasury Depart- would give the subject an early consideration. ment upon " the act to regulate the duties on imports The change a few years ago in the political reand tonnage,” the duty paid upon foreign vessels en tering the ports of the United States has been two lations of the United States, and the corresponddollars per ion, as well since as before the 30th of June ing course of commerce, produced embarrasslast. The committee have no hesitation in recom
meals among commercial men, some of them mending to the House a bill, which will make the rate attended with the most serious consequences. If of duty upon the topdage of vessels engaged in a it was the disposition of Congress to afford them trade which is open to American navigation, the same some relief in this way, the sooner it was done, as is provided by the act of July 2016, 1790. By this the better; if not, the earlier this determination act the duty upon vessels of the United States enter- was known, the sooner those interested would be ing from a foreign port, is six cents per ton; on ves- relieved from suspense. The late decision of one sols built within the United States, after the 20th day of the State courts respecting the validity of acts of July, 1789, but belonging wholly or in part to sub- of insolvency of one State in other States, &c., jects of foreign Powers, thirty cents per ton, and on had produced an uncertainty on this subject, other vessels fifty cents per ton. This low rate of which seemed to require the establishment, by duty cannot prudently be applied to vessels engaged the General Governnient, of some rules to operin a trade between the United States and ports from ale with equal effect throughout the Union. This which American tonnage is excluded. The subject of such trade has been referred to the Committee of For-he suggested as another reason why Congress eign Relations, and the second section of the bill
should give the subject a serious consideration. posed is intended only to continue it in the state in The frauds which take place under the State iawhich it has been placed by the construction of the act solvent laws, giving to one creditor unjust preof the last session, until that committee can have time ference over another, &c., Mr. H. said, afforded to mature a more extensive and adequate remedy for another argument in favor of the establishment the embarrassments of our navigation. The bill pro- of an uniform system, and ought to joduce the posed contains a reference to the act of 1790, instead House to give an early consideration to the bill of a repetition of its enactments. A different course, which the committee had instructed him to rethough it might be more regular, would spread upon port. the statute book many minute provisions, which the The bill received the usual readings and compassage of a navigation law, before the close of the milinent. session, might modify or repeal.
COMPENSATION TO LATE OFFICERS.
Mr. JOHNSON, of Kentucky, from the Military
officers of the late Army.