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Act of March 3,1825, ch. 66.
Act of April 20,1818,ch.124.
Horses killed in battle, or dying from wounds, or from failure of forage, &c. to be paid for.
Horses lost by the owner being dismounted, or detached, &c. by order, &c. or by the rider's being killed,&c. to be paid for. Horses, mules, oxen, wagons, carts, boats, sleighs, or harness, lost in military service, except, &c. to be paid for.
Persons who furnished themselves with arms, &c. and have sustained damage by their capture, &c. to be paid the value of them.
Property impressed, &c, and destroyed, lost or consumed, to be paid for, deducting, &c.
No compensation where the owncr,8tc, has received satisfaction, &c.
Persons claiming com
ftensatinn to recase all claims against the persOn who impressed, &c. Where the owner of the property has recovered from individuals, the latter to be entitled to the compensation.
At the rate of 40 cents per day for each horse furnished themselves by officers of volunteer cavalry ,&c.
drafted militiaman, whether of cavalry, mounted riflemen, or infantry, who, in the late war between the United States and Great Britain, has sustained damage by the loss of any horse which has been killed in battle, or which has died in consequence of a wound therein received, or in consequence of failure, on the part of the United States, to furnish such horse with sufficient forage, while in the military service of the United States, shall be allowed and paid the value thereof.
Sec. 2. And be it further enacted, That any person, whether of cavalry, mounted militia, or volunteers, who, in the late war aforesaid, has sustained damage by the loss of a horse, in consequence of the owner being dismounted, or separated and detached from the same, by order of the commanding officer, or in consequence of the rider being killed or wounded in battle, shall be allowed and paid the value of such horse at the time he was received into public service.
Sec. 3. And be it further enacted, That any person who, in the late war aforesaid, has sustained damage by the loss, capture, or destruction, by an enemy, of any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negligence on the part of the owner; and any person, who, during the time aforesaid, has sustained damage by the death of any such horse, mule, or ox, in consequence of failure on the part of the United States to furnish the same with sufficient forage, while in the service aforesaid, shall be allowed and paid the value thereof.
Sec 4. And be it further enacted, That any person who, in the time aforesaid, has acted in the military service of the United States as a volunteer or drafted militiaman, and who has furnished himself with arms and military accoutrements, and has sustained damage by the capture or destruction of the same, without any fault or negligence on his part, shall be allowed and paid the value thereof.
Sec. 5. And be it further enacted, That where any property has been impressed, or taken by public authority, for the use or subsistence of the army, during the late war, and the same shall have been destroyed, lost, or consumed, the owner of such property shall be paid the value thereof, deducting therefrom the amount which has been paid, or may be claimed, for the use and risk for the same, while in the service aforesaid.
Sec. (i. And be it further enacted, That nothing in this act contained shall be so construed as to enable the owner of any such property, or his legal representatives, to receive compensation for such loss or damage as above mentioned, where the owner of such property, or his legal representatives, may have recovered or received satisfaction for such loss from the persons who may have taken or impressed such pfoperty into the public service; and that every person claiming such compensation shall, at the time of receiving the same, release all claims he may have against the .officer or person who may have impressed, taken, or used, such property in the public service; and that, in all cases where the owner of such property, or his legal representative, may have recovered and received satisfaction for such loss or injury, from the person who shall so have taken such property, into the public service, the said officer or person, who shall so have paid such loss or damage, shall be entitled to receive the compensation provided by this act for such loss or damage.
Sec. 7. And be it further enacted, That the accountant of the War Department, in adjusting and settling the accounts of the different paymasters, is hereby authorized to allow to the officers of volunteer cavalry, who furnished their own horses while in the public service, at the rate of forty cents per day for each horse so furnished, which any such officer was entitled by law to keep in such service, agreeably to the rank of such officer. &c. for examination of witnesses.
Sec. 8. And be it further enacted, That when any officer, noncommissioned officer, or private, in the cavalry service, as aforesaid, having lost the horse or horses, which may have been taken by him into the said service, has received from the United States another horse or horses, in lieu, or in part payment, for the horse or horses so previously lost as aforesaid, such officer, non-commissioned officer, or private, shall be entitled to receive the allowance of forty cents per day, for the use and risk of the horse on which he may have been so remounted.
Sec. 9. And be it further enacted, That any person who, in the time aforesaid, has sustained damage by the destruction of his or her house or building by the enemy, while the same was occupied as a military deposite, under the authority of an officer or agent of the United States, shall be allowed and paid the amount of such damage: Provided, It shall appear that such occupation was the cause of its destruction.
Sec. 10. And be it further enacted, That the loss or destruction, as aforesaid, as well as the value, of such property shall be ascertained by the best evidence which the nature of the case will admit of, and which may be in the power of the party to produce; and the amount thereof, when established and ascertained, according to the provisions of this act, shall be paid to the sufferer or sufferers, out of any money in the treasury, not otherwise appropriated.
Sec. 11. And be it further enacted, That for the more speedy execution of the provisions of this act, the President of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint one commissioner, whose duty it shall be to decide upon all cases arising under this act; and who, in the discharge of his duties, shall be subject to such rules and regulations as shall be prescribed by the President of the United States. Such commissioner shall receive, as compensation for his services, at the rate of two thousand dollars per annum, for the time he shall be actually employed, which shall not exceed two years, to be computed from and after the passage of this act. All official communications to and from the commissioner appointed under this act, shall be free of postage.
Sec. 12. And be it further enacted, That the said commissioner, so to be appointed, before he enters upon the duties of his office, shall take the following oath, to wit: "I, A B, do solemnly swear, that I will well and truly, according to the best of my abilities, discharge the duties of commissioner under an act of Congress, entitled ' An act to authorize the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, and for other purposes;' so help me God." Upon which he shall proceed to appoint a clerk; and shall proceed, with all practicable despatch, to establish, under the direction, or with the assent, of the President of the United States, such rules, as well in regard to the receipt of applications of claimants to compensation for losses provided for by this act, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, as shall, in his opinion, be the best calculated to attain the objects of this act; paying a due regard, in the establishment of such regulations, as well to the claims of individual justice as to the interest of the United States: which rules and regulations shall, upon his adoption, be published for eight weeks, successively, in the newspapers in the several states and territories in which the laws of the United States are published.
Sec 13. And be it further enacted, That the said commissioner shall, in all cases in which the claim to compensation or indemnity shall exceed the sum of two hundred dollars, award a commission to some one or more discreet commissioner in the vicinity of where the witnesses are
Adjudications of the commissioner to be entered in a book by the clerk.
Payments to be made upon certified copies of judgments, &c.
Claims barred unless presented within two years.
stated to reside, accompanied by interrogatories to be propounded to such witnesses, which said commission, when executed, shall be returned, together with the examinations to be taken in virtue thereof, by mail, free of postage, to the office of the said commissioner.
Sec. 14. And be it further enacted, That, in all adjudications of the said commissioner upon the claims above-mentioned, whether such judgment be in favour of, or adverse to, the claim of the applicant, the same shall be entered by his clerk in a book to be provided for that purpose: And when such judgment shall be in favour of such claim, shall entitle the claimant, or his legal representative, upon the production of a copy of such judgment, duly certified by the clerk of said commissioner, to payment of the amount thereof at the treasury of the United States.
Sec. 15. And be it further enacted, That no claim authorized by this act shall be allowed or paid, unless the same shall be exhibited within two years from the passing hereof.
Approved, April 9, 1816.
Statute I. April 9,1816.
So much of the act of Jan. 18,1815,as lays duties on household furniture, and on watches, &c. repealed.
Act of Jan. 18,1815, ch. 23.
Chap. XLI.—An Act io repeal the act, entitled "An act to provide additional revenues for defraying the expenses of government and maintaining the public credit, by laying duties on household furniture and on gold and silver watches.
Be it enacted by the Senate and House of Representatives of the United States of America,in Congress assembled, That so much of the act, entitled " An act to provide additional revenue for defraying the expenses of government and maintaining the public credit, by laying duties on household furniture and on gold and silver watches," as lays a duty on household furniture, and on watches kept for use, in the year one thousand eight hundred and sixteen, and in succeeding years, shall be, and the same is hereby, repealed.
Approved, April 9, 1816.
Chap. XLIII.—An Act in addition to an act to regulate the l'ost-office establishment.
Be it enacted by the Senate and House of Representatives of the United States of America,in Congress assembled, That, from and after the first day of May next, the following rates of postage be charged upon all letters and packets, (excepting such as are now excepted by law,) conveyed by the posts of the United States, viz:
For every letter composed of a single sheet of paper, conveyed not exceeding thirty miles, six cents; over thirty and not exceeding eighty, ten cents; over eighty and not exceeding one hundred and fifty, twelve and a half cents; over one hundred and fifty and not exceeding four hundred, eighteen and a half cents; over four hundred miles, twenty-five cents; and for every double letter, or letter composed of two pieces of paper, double those rates; and for every triple letter, or one composed of three pieces of paper, triple those rates; and for every packet composed of four or more pieces of paper, or one or more other articles, and weighing one ounce avoirdupois, quadruple those'rates: and in that proportion for all greater weights: Provided, That no packet of letters conveyed by the water mails shall be charged with more than quadruple postage, unless the same shall contain more than four distinct letters.
No postmaster shall be obliged to receive, to be conveyed by the mail, any packet which shall weigh more than three pounds; and the postage marked on any letter or packet, and charged in the post bill which may accompany the same, shall be conclusive evidence, in favour of the postmaster who delivers the same, of the lawful postage thereon, unless such letter or packet shall be opened in presence of the postmaster or his clerk.fore and after a session,-&c.
Every four folio pages, or eight quarto pages, or sixteen octavo pages, of a pamphlet or magazine, shall be considered a sheet, and the surplus pages of any pamphlet or magazine shall also be considered a sheet; and the journals of the legislatures of the several states, not being stitched or bound, shall be liable to the same postage as pamphlets. Any memorandum which shall be written on a newspaper, or other printed paper, and transmitted by mail, shall be charged letter postage; and any person who shall deposit such memorandum in any office for the purpose of defrauding the revenue, shall forfeit, for every such offence, the sum of five dollars.
Sec. 2. And be it furtlter enacted, That the Postmaster General be, and is hereby, authorized to allow to each postmaster such commission on the postages by him collected, as shall be adequate to his services: Provided, That his commission shall not exceed the following several rates on the amount received in one quarter; that is to say:
On a sum not exceeding one hundred dollars, thirty per cent.
On any sum over and above the first hundred dollars, and not exceeding four hundred dollars, twenty-five per cent.
On any sum over and above the first four hundred dollars, and not exceeding two thousand four hundred dollars, twenty per cent.
On any sum over and above the first two thousand four hundred dollars, eight per cent .
Except to the postmasters who may be employed in receiving and despatching foreign mails, whose compensation may be augmented not exceeding twenty-five dollars in one quarter; and excepting to the postmasters at offices where the mail is regularly to arrive between the hours of nine o'clock at night and five o'clock in the morning, whose commission, on the first hundred dollars collected in one quarter, may be increased to a sum not exceeding fifty per cent.
The Postmaster General may allow to the postmasters, respectively, a commission of fifty per cent. on the moneys arising from the postage of newspapers, magazines, and pamphlets; and to the postmaster whose compensation shall not exceed five hundred dollars in one quarter, two cents for every free letter delivered out of the office, excepting such as are for the postmaster himself; and each postmaster who shall be required to keep a register of the arrival and departure of the mails, shall be allowed ten cents for each monthly return which he makes thereof to the general post-office.
The Postmaster General may allow to the postmaster at New Orleans, at the rate of eight hundred dollars, and to the postmaster at VVarrenton, in North Carolina, at the rate of two hundred dollars, and to the postmaster at Wheeling, in Virginia, at the rate of two hundred dollars a year, in addition to their ordinary commissions. The Postmaster General is hereby authorized to allow to the postmaster at the city of Washington, in addition to the allowance made by this act for postage collected, and for free letters received by him for delivery, a commission of five per centum on the amount of mails distributed at his office: Provided, nevertheless, That the whole annual emoluments of the said postmaster, including the extra compensation heretofore allowed to him by law, shall always be subject to the restriction imposed by the fortieth section of the act of Congress approved the thirtieth of April, one thousand eight hundred and ten, to which this act is in addition.
Sec. 3. And be it further enacted, That letters and packets to and from any member of the Senate, or member or delegate of the House of Representatives of the United States, the secretary of the Senate, and clerk of the House of Representatives, shall be conveyed free of postage, for thirty days previous to each session of Congress, and for thirty
Vol. III.—34 Z
Proviso: as to weight of letters, &c.
Cortain sections of former acts repealed.
Act of April 30,1810,ch. 37.
Act of February 27, 1815, ch. 65.
This act in force from 31st March, 1816.
days after the termination thereof: Provided always, That no letter or packet shall exceed two ounces in weight, and in case of excess of weight, that excess alone shall be paid for.
Sec. 4. And be it further enacted, That the eleventh and twentyeighth sections of the act, entitled " An act regulating the post-oflioe establishment," approved April thirtieth, one thousand eight hundred and ten, and the first and second sections of the act, entitled " An act in addition to the act regulating the post-office establishment," approved February twenty-seventh, one thousand eight hundred and fifteen, and the fourth and fifth sections of the same, except such parts as relate to steamboats, their masters, or managers, and persons employed on board the same, be, and the same are hereby repealed.
Sec. 5. And be it further enacted, That this act shall take effect from and after the thirty-first day of March, one thousand eight hundred and sixteen.
Approved, April 9, 1816.
April 10, 1816.
Act of March 3, 1819, ch. 73.
A bank of the United States, with a capital of 35,000,000 dollars, &c.
Placet, &c. for receiving subscriptions.
Chap. XLIV.—An Act to incorporate the subscribers to the Bank of the
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That a bank of the United States of America shall be established, with a capital of thirtyfive millions of dollars, divided into three hundred and fifty thousand shares, of one hundred dollars each share. Seventy thousand shares, amounting to the sum of seven millions of dollars, part of the capital of the said bank, shall be subscribed and paid for by the United States, in the manner hereinafter specified; and two hundred and eighty thousand shares, amounting to the sum of twenty-eight millions of dollars, shall be subscribed and paid for by individuals, companies, or corporations, in the manner hereinafter specified.
Sec. 2. And be it further enacted, That subscriptions for the sum of twenty-eight millions of dollars, towards constituting the capital of the said bank, shall be opened on the first Monday in July next, at the following places: that is to say, at Portland, in the District of Maine; at Portsmouth, in the state of New Hampshire; at Boston, in the state of Massachusetts; at Providence, in the state of Rhode Island; at Middletown, in the state of Connecticut; at Burlington, in the state of Vermont; at New York, in the state of New York; at New Brunswick, in the state of New Jersey; at Philadelphia, in the state of Pennsylvania; at Wilmington, in the state of Delaware; at Baltimore, in the state of Maryland; at Richmond, in the state of Virginia; at Lexington, in the state of Kentucky; at Cincinnati, in the state of Ohio; at Raleigh, in the state of North Carolina; at Nashville, in the state of Tennessee; at Charleston, in the state of South Carolina; at Augusta, in the state of Georgia; at New Orleans, in the state of Louisiana; and at Washington, in the district of Columbia. And the said subscriptions shall be opened under the superintendence of five commissioners at Philadelphia, and of three commissioners at each of the other places aforesaid, to be appointed by the President of the United States, who is hereby authorized to make such appointments, and shall continue open every day, from the time of opening the same, between the hours of ten o'clock in the forenoon and four o'clock in the afternoon, for the term of twenty days, exclusive of Sundays, when the same shall be closed, and immediately thereafter the commissioners, or any two of them, at the respective
(a) For the act incorporating the first Bank of the United States, see vol. i. 191.