Ways and Means were instructed to inquire into the expediency of modifying or repealing the act, entitled, "An act laying duties on licenses to retailers of wines, spirituous liquors, and foreign merchandise." An engrossed bill for the relief of Nathaniel Williams, was read the third time and passed. Mr. WRIGHT, of Maryland, from the commit tee to whom the subject was referred, reported a bill to authorize the settlement and payment of certain claims for the services of the militia." [This bill requires the accounting officers of the Treasury to credit and settle all accounts for services of any detachments of militia called into service under the authority of the States for the defence of any part of the United States against the invasion of the enemy during the late war, in the same manner and on the same principles as accounts for the services of militia called out under the authority of the United States-payment therefor to be made in six per cent. stock, to be created for the purpose, provided the States interested shall accept the same as full satisfaction for the claims. The bill was twice read, and committed. Mr. JOHNSON, of Kentucky, from the Military Committee, reported a bill to establish three additional Military Academies, (one in this District, one at Mount Dearborn, South Carolina, and one in the vicinity of Newport, Kentucky, at the confluence of the Ohio and Licking rivers.) The bill received the usual readings, and was committed to the same committee to whom was committed the bill for the establishment of a corps of invalids. DECEMBER, 1816. cing it. He had risen only to say, that he did not wish those who, with him, would vote for the inquiry, because requested by a member, to be considered as at all pledged to co-operate in the ultimate object of the mover. The resolution was agreed to. On motion of Mr. NELSON, of Virginia, (who suggested the great economy and saving to the United States, as well as benefit to the soldiers, of such a provision,) it was Resolved, That a committee be appointed to inquire into the expediency of authorizing a commutation for money of the bounty land to soldiers of the regular army, and that they report thereon by bill or otherwise. for consideration a resolution embracing the pro- And on the usual question, will the House tion, it was decided in the negative, thus: For now proceed to the consideration of the resoluconsidering it 54, against it 86. NATIONAL FLAG. On motion of Mr. WENDOVER, of New York, the House proceeded to the consideration of his motion to appoint a committee to inquire into the expediency of altering the flag of the United States. Mr. W. said he deemed it improper, in the present stage of the business, to discuss the merMr. WILDE, of Georgia, offered for consideraits of the proposition to alter the flag, as the obtion 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 no man in the House vent frauds committed by the sales of vessels been falsified the predictions of European oraabroad, and discharging the seamen without pay-tors and paragraphists, when they said the Yanment of their wages, &c.: Resolved, That the Committee on Foreign Relations be instructed to inquire what alterations are necessary in the several acts for the government and regulation of seamen in the merchant service, and for the relief of sick and disabled seamen, or of those discharged abroad after the sale of their vessels.. the ocean. His object, Mr. W. said, was to make kee cock-boats were to be speedily driven from the flag bore one star and one stripe for every an unessential variation. When first adopted, State; when two additional States entered the Union, the flag had been altered by a special act, made the flag correspond to the fact. Since that by the addition of two stars and stripes, which alteration, four States have been added, and the flag remains the same. Conceiving this not to Mr. BENNETT offered for consideration the fol-ately altered, he hoped the House would consent be correct, and that the flag might be approprilowing resolution : After some observations from Mr. SMITH, of Maryland, respecting existing laws and usages on the subject, and by Mr. WILDE, the resolution was agreed to. Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of repealing or modifying the act laying duties on retailers of wines, spirituous liquors, and foreign merchandise. Mr. LOWNDES, of South Carolina, remarked, that, as a member of the Committee of Ways and Means, he certainly could have no objection to any inquiry which the House might direct; but, in his opinion, there never had been a moment when there was less inducement to repeal this tax than now; and stronger reasons might perhaps be adduced for increasing than for redu to the proposed inquiry. his part, no objection to the proposed alteration ; Mr. ROBERTSON, of Indiana, said he had, for and suggested the expediency of some general law for altering the flag in future, by proclamation of the Executive, on the admission of new States into the Union. Mr. TAYLOR, of New York, was in favor of the inquiry, and for a reason different from that assigned by his colleague. He had been informed by naval gentlemen, that our flag could be seen and recognised on the ocean at a greater distance than that of any other nation. If the stripes and DECEMBER, 1816. Carriage Tax-Militia of the States. stars were increased, the flag would become less distinct to distant observation, which Mr. T. was desirous to prevent, and therefore was in favor of restoring the flag to its original character of thirteen stars and stripes, and establishing it permanently the same. H. OF R. On motion of Mr. JOHNSON, of Kentucky, the Committee on Post Offices and Post Roads were instructed to inquire into the expediency of opening a road from Louisville, on the Ohio, to Newcastle, and thence by Boone court-house, &c., to Cincinnati; and the Committee of Pensions were instructed to inquire into the expediency of pay The motion of Mr. WENDOVER was agreed to, and a committee ordered to be appointed according to the heirs of Edward Abbott and John ingly. CARRIAGE TAX. Mr. ROOT, of New York, prefaced a motion he rose to make by some observations to show the severity of the operation of the carriage tax on that description of carriages, (light wagons, &c.) used by farmers and people in moderate circumstances, on farming and market business, and occasionally in carrying families to church, or to see their neighbors, &c., and argued that, as the faith of the United States was no longer pledged to retain the tax, it should be dispensed with without prejudice to the public service. He then moved "That the Committee of Ways and Means be instructed to inquire into the expediency of repealing so much of the law laying a tax on carriages, &c., as relates to carriages and harness, not exceeding one hundred dollars in value." Mr. WRIGHT, of Maryland, moved to amend this motion so as to strike out the limit to one hundred dollars in value, and thus to include an inquiry into the expediency of repealing the whole law. He predicated this motion on the inequality of the operation of this whole tax, which was very grievous in some sections of the country, while in the larger proportion it was scarcely felt. Mr. DESHA, of Kentucky, was opposed to Mr. WRIGHT'S motion, thinking that no tax could be more equitable than a tax on luxury and expen sive habits. As to the inequality of the tax, it was more than counterbalanced by the inequality, in an inverse proportion, of other taxes. Mr. WRIGHT's amendment was lost; and Mr. Roor's motion carried, but not by a large majority. FRIDAY, December 13. Another member, to wit: from New York, WILLIAM IRVING, appeared and took his seat. Abbott the pay due to them for services in the The SPEAKER laid before the House a report from the Secretary of the Treasury on the claim of Pentland, Hegins, and Co.; which, together with said petition, was referred, on motion of Mr. T. WILSON, to the Committee of Claims. MILITIA OF THE STATES. The SPEAKER laid before the House a letter from the acting Secretary of War, enclosing "A plan for classing and arming the militia, and for calling them forth to execute the laws of the Union, suppress insurrections and repel invasion," in obedience to a resolution of this House passed on the 16th of April last; which were read and referred to the Committee on a re-organization of the Militia. The report is as follows: DEPARTMENT OF WAR, Dec. 13, 1816. of Representatives, dated the 16th of April last, reSIR: In compliance with a resolution of the House questing the Secretary of War "to report, at an early day of the next session of Congress, a system for the organization and discipline of the militia, best calculated, in his opinion, to promote the efficiency of that force, when called into the public service," I have the honor to submit the enclosed plan. With sentiments of great respect, &c. GEO. GRAHAM, Acting Secretary of War. HENRY CLAY, Speaker House of Reps. A Plan for classing and arming the militia, and for calling them forth to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the laws heretofore passed for those purposes. The militia of the United States shall be classed by the proper authority of the several States and Territories, in the following manner: That the militia of the minor class shall be liable to Those between eighteen and twenty-one years of age, shall be called the minor class; those between the age of twenty-one and thirty-one years of age, shall be called the junior class; and those over thirty-one, and Mr. ARCHER presented a petition of sundry in-under forty-five years of age, shall be called the senior habitants of Hartford county, in the State of class of militia. Maryland, praying that a law be passed prohibiting, for a limited 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 or Territory to which they belong, for a term not exceeding months. grain, in consequence of the short crops of those articles made at the last harvest, and the high price they now bear.-Referred to the Committee of Commerce and Manufactures. Mr. BETTS, from the committee appointed on the petition of Luther Bingham, made report, which was read: When Mr. BETTS reported a bill for the relief of Luther Bingham, which was read twice, and committed to a Committee of the whole House to-day. The militia of the senior class shall be liable to be called into the service of the United States, within the State or Territory to which they belong, and in the adjoining States and Territories, for a term not exceeding -months. The militia of the junior class shall be liable to be called into the service of the United States, for the performance of any duty requirable of the militia under the Constitution of the United States, for a term not exceeding months. That when any portion of the militia of the junior class shall be called into the service of the United States, for a term exceeding months, they shall, by the United States, be armed, equipped, and clothed, in the same manner as the regular troops. DECEMBER. 1816. That whenever the United States shall be invaded, or, in the opinion of the President, shall be in imminent danger of invasion from any foreign nation or Indian tribe, it shall be his duty to call forth such numbers of the militia as he may judge necessary to repel such invasion. That whenever the laws of the United States shall be opposed, or the execution thereof be obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested by law in the marshals, it shall be the duty of the President to call forth such portion of the militia as may, in his opinion, be necessary to suppress such combinations, and to cause the laws to be duly executed. That the militia of the minor and junior classes, of each division, shall be annually assembled at not more than two cantonments within the same, at such time and place, and for such periods, as shall be designated by the proper authority of the several States and Territories; during which time, they shall be trained under the authority of the States agreeably to the system, discipline, and police, which is or may be adopted for the government of the Army. And officers of experience shall be detailed by the Executives of the several States and Territories, who shall, at the times and That, whenever it may be necessary, in the judgplaces appointed, organize the militia 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 attend such encampment of their division, and act in any capacity of staff, or non-commissioned officer, which shall be assigned them: Provided also, That the militia of the said minor and junior classes, belonging to the cavalry, shall attend, and be organized and instructed as infantry. T'hat in case of an insurrection in any State or Territory against the Government thereof, it shall be the duty of the President, on the application of the Legislature of such State or Territory, or of the Executive of such State or Territory, when the Legislature thereof cannot conveniently be convened, to call forth such number of the militia of any State or Territory as may, in his opinion, be sufficient to suppress such insurrection. That whenever, from any of the occurrences herein mentioned, it shall become the duty of the President to call forth the militia, he may require the Governor or Commander-in-chief of the militia in any State or Territory, or such officer of the militia as he may judge expedient, to execute his orders, so far as they may be applicable to their respective commands. That whilst the militia are so assembled, they shall be subsisted and equipped at the expense of the United States, provided they shall be called out and embodied by the several States, for a periodnot less than weeks. That the militia shall be organized by the Legislatures of the several States and Territories, into divisions, brigades, regiments, and corps; and that the organization of the regiments of infantry, riflemen, and cavalry, shall be the same as is now prescribed for 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 orfantry, 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 regular army is now organized.) and of as many troops of cavalry as the Executives of the several States and Territories may authorize, not exceeding provided by law, for the organization of the Army of the United States; except when called out by companies, corps, regiments, or brigades, when they shall preserve their local organization. That the militia employed in the service of the United States shall be subject to the rules and articles of war, which are, or shall be, provided for the government of the Army of the United States. And the privates of the rifle regiment, and of the light companies of each regiment of infantry, shall be composed of men between the ages of eighteen and 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 Executives 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 equipments so delivered shall be charged to the States and Territories, under the provisions of the act of April 23, 1808, for arming and equipping the whole body of the militia: Provided, That, in lieu of the appropriation under that act, there shall be applied, annually, under the direction of the President of the United States, the sum of dollars. That such tents and camp equipage as may be delivered to the militia, shall be receipted for at the depots, by officers designated for that purpose by the Executives of the several States and Territories, and charged to them: Provided, That credit shall be given for all such as may be returned without other damage than the usual injury of service. tled to receive if he were in the actual service of the United States for life, or such term of years as shall be determined and judged by a court martial. That every officer, non-commissioned officer, musician and private of the militia, who shall be detached as aforesaid, and shall disobey the orders of the Presi dent, or of any superior officer, for the purposes of carrying into effect the object herein contemplated, shall be liable to be tried by a court martial, and receive such punishment as is pointed out by the martial law for similar offences; and, moreover, the non-commissioned officer, musician, and private, detached as aforesaid, or shall be accepted as substitutes, as hereinafter mentioned, who shall refuse or neglect to march and join his corps, when ordered so to do by his superior officer in the detachment, shall be considered as a deserter from the service of the United States, and shall be dealt with accordingly: Provided, nevertheless, That any non-commissioned officer, musician, and private of the militia, who shall be detached for the service of the United States as aforesaid, shall have a right to furnish an able-bodied man belonging to the militia as a substitute. H. Op R. United States, or orders to march for that service agreeably herewith, and before their assembling at the appointed place of rendezvous, shall be tried by courts martial, to be composed of militia officers only, of the State or Territory to which such delinquents shall belong, not in the actual service of the United States. All offences committed by the officers, non-commissioned officers, privates, or musicians of the militia, whilst in the actual service of the United States, shall be tried by courts martial composed of militia officers only in the service of the United States: Provided, That offences committed whilst in the service of the United States may be tried and punished, although the term of service of the delinquent may have expired, und the court martial for the trial of such offences shall be composed of militia officers, without regard to their having been in the service of the United States. That regimental chaplains in the militia which have been, or shall be, called into the service of the United States, shall receive the same monthly pay and rations as a captain of infantry, with the addition of forage for one horse; and whenever called forth into the service of the United States, division quartermasters shall be entitled to the pay, emoluments, and allowance of a deputy quartermaster general; brigade quartermasters to the pay, emoluments, and allowance of an assistant deputy quartermaster general; and regimental quartermasters to the pay and emoluments of a lieutenant of infantry, and sixteen dollars per month in addition thereto, and forage for one horse; division inspectors shall be entitled to the pay, emoluments, and allow ances of a lieutenant-colonel of infantry; brigade majors to the pay, emoluments, and allowances of a major of infantry; aids-de-camp to major generals to the pay, 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, emoluments, and allowances of a captain of cavalry. That if any delinquent, directed to be summoned to appear before a court martial for neglect or refusal to obey the orders of the President, shall be absent when any non-commissioned officer shall call to summon him, a copy of the summons or written notice thereof, signed by him, and left with some person, of suitable age and discretion, at the usual place of abode of such delinquent, at least ten days previous to the day of apsummons of such delinquent; and in case of the nonappearance of such delinquent, the court martial may proceed on his trial in the same manner as if he had appeared and plead not guilty of the charge exhibited against him. That the expenses incurred, or to be incurred, by marching the militia of any State or Territory of the United States to their places of rendezvous, in pursuance 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 his being duly satisfied that such testimony is material have 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 witing 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 jurisdiction. And if any witness, when called upon for that purpose, shall refuse to testify, or shall behave with contempt to the court; or if any other person shall use any menacing words, signs, or gestures, in presence thereof, or shall cause any riot or disorder therein, it shall be lawful for such court to punish every such offender by imprisonment, for a term not exceeding one month, at the discretion of the court. That in all cases when a brigade of militia shall be called into the service of the United States, it shall be the duty of the brigade major of such brigade to inspect and muster the same, and sign the muster rolls. If less than a brigade of militia be called into the service of the United States, then it shall be the duty of a brigade major of the division wherein such militia may rendezvous, to inspect and muster the same, and sign the muster rolls; two musters to be made in the manner aloresaid, one on the assembling, and the other on the discharge of such militia. If it should so happen that there be no brigade major in the brigade, where such militia shall be called out, or in the division where they shall rendezvous, the commanding officer may direct any officer, under the rank of lieutenant-colonel, to inspect and muster the militia so Called forth. That no writ or civil process, issuing from any court Of the United States, shall be served upon any militia man, or levied upon his property, while performing militia duty in the service of the United States; nor shall any judgment be entered in the said courts, in any of the aforesaid cases. All offences committed by the officers, non-commissioned officers, privates, or musicians of the militia, subsequent to their detachment for the service of the That, for the purpose of carrying into execution the sentence, judgment, or order of any court martial, for any of the offences specified in the last clause of the preceding article, it shall be lawful for the court to issue an order to any commissioned officer of the militia, not below the rank of captain, commanding him to carry the same into effect by military force, whose duty it shall be to obey the same, and execute the order accordingly. That on the trial of delinquents for offences not capital, by any such court martial, the deposition of witnesses taken before a justice of the peace, or other person authorized to take affidavits to be read in any court of record in the State or Territory where the same shall be taken, may be read in evidence, provided the prosecutor and person accused are present at taking the same, or are duly notified thereof. And further, that the returns of captains, or other commanding offi H. of R. Tonnage Duties—Uniform Bankrupt Law. cers of companies of delinquents draughted or ordered into the service of the United States, who shall have refused or neglected to enter the same, sworn to as aforesaid, shall be competent evidence of the facts therein contained. That if any person shall willingly swear false before any such court martial, or in any affidavit or deposition taken as aforesaid, he or she shall be adjudged to be guilty of wilful and corrupt perjury, and shall be indicted, tried, and punished accordingly, by any court of competent jurisdiction, in the State or Territory where such offence shall be committed. TONNAGE DUTIES. Mr. LOWNDES. of South Carolina, from the Committee of Ways and Means, introduced the following report and bill: DECEMBER, 1816. any rights and privileges which have been, or may be, acquired by any foreign nation under the laws and treaties of the United States relative to the duty on tonnage of vessels. And be it further enacted, That, on all foreign ships or vessels which shall be entered in the United States before the thirtieth day of June next, from any foreign port or place to and with which vessels of the United States are not ordinarily permitted to go and trade, there shall be paid a duty at the rate of two dollars per ton. And the duties provided by this act shall be levied and collected in the same manner, and under the same regulations, as are prescribed by law in relation to the duties upon tonnage now in force. The bill was committed. 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 du-establish an uniform system of bankruptcy." ties on imports and tonnage," so far as it relates to duties on tonnage, report: In introducing the bill, Mr. H. observed, that the committee hastened to bring this subject before Congress, under an impression of its great importance, and with the hope that the House would give the subject an early consideration. The change a few years ago in the political relations of the United States, and the corresponding course of commerce, produced embarrassments among commercial men, some of them attended with the most serious consequences. If it was the disposition of Congress to afford them some relief in this way, the sooner it was done, the better; if not, the earlier this determination was known, the sooner those interested would be That it appears, by a letter from the Secretary of the Treasury, which accompanies this report, that, under the construction put by the Treasury Department upon "the act to regulate the duties on imports and tonnage," the duty paid upon foreign vessels entering the ports of the United States has been two dollars per ton, as well since as before the 30th of June last. The committee have no hesitation in recommending to the House a bill, which will make the rate of duty upon the tonnage of vessels engaged in a trade which is open to American navigation, the same as is provided by the act of July 20th, 1790. By this act the duty upon vessels of the United States entering from a foreign port, is six cents per ton; on ves-relieved from suspense. The late decision of one sels built within the United States, after the 20th day of July, 1789, but belonging wholly or in part to subjects of foreign Powers, thirty cents per ton, and on other vessels fifty cents per ton. This low rate of duty cannot prudently be applied to vessels engaged in a trade between the United States and ports from which American tonnage is excluded. The subject of such trade has been referred to the Committee of Foreign Relations, and the second section of the bill proposed is intended only to continue it in the state in which it has been placed by the construction of the act of the last session, until that committee can have time to mature a more extensive and adequate remedy for the embarrassments of our navigation. The bill proposed contains a reference to the act of 1790, instead of a repetition of its enactments. A different course, though it might be more regular, would spread upon the statute book many minute provisions, which the passage of a navigation law, before the close of the session, might modify or repeal. A Bill supplementary to "An act to regulate the duties on imports and tonnage.” Be it enacted, &c., That the tonnage duties to be paid by ships or vessels which shall be entered in the United States, excepting, only, such foreign ships or vessels as shall be entered from any foreign port or place, to or with which vessels of the United States are not ordinarily permitted to go and trade, shall be the same as are provided by the act, entitled "An act imposing duties on the tonnage of ships or vessels," passed on the twentieth day of July, in the year of our Lord 1790. Provided always, That nothing in this act contained shall be deemed in any wise to impair of the State courts respecting the validity of acts of insolvency of one State in other States, &c., had produced an uncertainty on this subject, which seemed to require the establishment, by the General Government, of some rules to operate with equal effect throughout the Union. This he suggested as another reason why Congress The frauds which take place under the State inshould give the subject a serious consideration. solvent laws, giving to one creditor unjust preference over another, &c., Mr. H. said, afforded another argument in favor of the establishment of an uniform system, and ought to induce the House to give an early consideration to the bill which the committee had instructed him to report. The bill received the usual readings and commitment. COMPENSATION TO LATE OFFICERS. Be it enacted, &c., That donations of land be granted to all the officers of the regular army who have been disbanded as supernumeraries, either in consolidating regiments or corps during the late war, or in reducing the army conformably to the act of March the third, one thousand eight hundred and fifteen, as follows, to wit: to each major general, one thousand two hundred and eighty acres; to each brigadier gen. |