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Public Acts of Congress.

all taxes collected by said deputy, and not paid over according to his engagement, or for the penalty of the bond which may have been given to secure the payment thereof: Provided always, That all moneys recovered in such suits shall be for the use of the United States, until the whole amount of the taxes collected and received by the deputy collector shall be otherwise paid to the United States by the deputy collector, or by the principal collector instituting such suits.

SEC. 10. And be it further enacted, That if any collector, or his deputy, shall have cause to suspect a concealment of any goods, wares, or merchandise, in respect to which the respective provisions of the acts imposing an internal duty thereon have not been complied with, in any particular dwelling-house, store, building, or place, (other than the manufactory in which the same were made,) they, or either of them, shall, upon proper application, on oath, to any justice of the peace, be entitled to a warrant to enter such house, store, or place, (in the day time only,) and there to search for such goods; and, if any shall be found, to seize and secure the same for trial. SEC. 11. And be it further enacted, That all goods, wares, or merchandise, or other objects, which shall be seized by virtue of this act, or of any act relative to internal duties, shall be put into, and remain in, the custody of the collector, or such other person as he shall appoint for that purpose, until such proceedings shall be had as are legally required, to ascertain whether the same have been forfeited or not; and if it shall be adjudged that they are not forfeited, they shall be forthwith restored to the owner or claimant thereof; and if any person shall conceal or buy any such goods, wares, or merchandise, or other object, knowing them to be liable to seizure and forfeiture, such person shall, on conviction thereof, forfeit and pay a sum double the value of the goods, wares, or merchandise, or other objects so concealed and purchased, one moiety of which shall be for the use of the informer, and the other for the use of the United States.

SEC. 12. And be it further enacted, That it shall be the duty of the several collectors to make seizure of, and secure, any goods, wares, or merchandise, or other objects liable to seizure by virtue of this or any other act relating to the internal duties, as well without as within their respective districts.

SEC. 13 And be it further enacted, That if any officer or other person executing or aiding or assisting in the seizure of goods, wares, or merchandise, or other objects as aforesaid, shall be sued or molested for anything done in virtue of the powers given by this act, or of any other act, or by virtue of a warrant granted by any judge or justice, pursuant to law, such officer or other person may plead the general issue, and give this act and the special matter in evidence; and if in such suit the plaintiff is nonsuited, or judgment pass against him, the defendant shall recover double costs; and in actions, suits, or information, to be brought where any seizure shall be made pursuant to this act, or any other act relative to inter

nal duties, if the property be claimed by any person, in every such case the onus probandi shall be upon such claimant: but the onus probandi shall lie on the claimant only when probable cause is shown for such prosecution, to be judged of by the court before whom the prosecution is had.

SEC. 14. And be it further enacted, That all penalties accruing by any breach of this act, or of any act relative to internal duties, shall be sued for and recovered, with costs of suit, in the name of the United States of America, or of the collector, in any court competent to try the same, and the trial of any fact which may be put in issue, shall be within the judicial district in which any such penalty shall have accrued, or seizure been made; and the collector within whose district the seizure shall be made, or forfeiture incurred, is hereby enjoined to cause suits for the same to be commenced without delay, and prosecuted to effect; and is, moreover, authorized to receive from the court before whom such trial is had, or from the proper officer thereof, the sum or sums so recovered, after deducting all proper charges, to be allowed by the said court, and on receipt thereof, the said collector shall pay and distribute the same, without delay, according to law, and transmit, quarter yearly, to the commissioner of the revenue, an account of all moneys by him received for fines, penalties, and forfeitures, during such quarter. And all goods, wares, and merchandise, or other objects, which shall become forfeited in virtue of this act, or of any act relative to internal duties, shall be seized and prosecuted for as aforesaid, before the proper court, which court shall cause fourteen days' notice to be given of such seizure, setting forth the articles seized, with the time and place appointed for trial, to be inserted in some newspaper published near the place of seizure, if any such there be, and also by posting up the same in the most public mauner, for the space of fourteen days, at or near the place of trial, for which advertisement a sum not exceeding ten dollars shall be paid. And if no person shall appear and claim such articles, and give bond to defend the prosecution thereof, and to respond the costs, in case he shall not support his claim, the court shall proceed to hear and determine the cause according to law; and upon the prayer of any claimant, that any articles, so seized and prosecuted, or any part thereof, should be delivered to him, it shall be lawful for the court to appoint three proper persons to appraise such articles, who shall be sworn for the faithful discharge of their duty; and such appraisement shall be made at the expense of the party on whose prayer it is granted; and on the return of such appraisement, if the claimant shall, with one or more sureties, to be approved by the court, execute a bond in the usual form, to the United States, for the payment of a sum equal to the sum at which the articles, so prayed to be delivered, are appraised, which bond shall be lodged with the proper officer of the court, the said court shall order the said articles to be delivered to the said claimant; and if judg

Public Acts of Congress.

SEC. 18. And be it further enacted. That on all bonds given for internal duties an interest shall be paid, at the rate of six per centum per annum, from the time when the said bonds became due until the payment thereof.

ment shall pass in favor of the claimant, the said to be made or rendered by any act relative to inbond shall be cancelled; but if judgment shall ternal duties, and shall be convicted thereof, shall pass against the claimant, as to the whole, or any forfeit and pay a sum not less than two hundred, part, of such articles, and the claimant shall not, nor more than two thousand dollars for each within twenty days thereafter, pay into the court, offence; and any person giving or offering any or to the proper officer thereof, the amount of the bribe, reward, or recompense, for any such decepappraised value of such articles so condemned, tion, collusion, or fraud, shall forfeit and pay a with the costs, judgment shall and may be grant- sum not less than two hundred, nor more than ed upon the bond without further delay. And two thousand dollars, for each offence; one moiwhere any prosecution shall be commenced on ac-ety whereof shall be to the use of the informer, count of the seizure of any such goods, wares, and and the other moiety for the use of the United merchandise, or other objects, and judgment shall States. be given for the claimant, if it shall appear to the court before whom such prosecution shall be tried, that there was reasonable cause of seizure, the said court shall cause a proper certificate or entry to be made thereof, and in such case the claimant shall not be entitled to costs, nor shall the person who made the seizure, or the prosecutor, be liable to action, suit, or judgment, on account of such seizure and prosecution: Provided, That the said goods, wares, and merchandise, or other objects, be, after judgment, forthwith returned to such claimant, or his agent: And provided, That no action or prosecution shall be maintained in any case under this act, or any act relative to internal duties, unless the same shall have been commenced within one year after the penalty or forfeiture was incurred, or within the time in such act prescribed, as the case may be.

SEC. 19. And be it further enacted, That any person, to whom a license for a still, or boiler, or other vessel used in the distillation of spirituous liquors, may have been, or may hereafter be, granted, who shall so alter the same as to increase its capacity, on application in writing to the collector who issued the said license, stating such increase of capacity, and on paying or securing, previous to using the same, the duty arising thereon for the unexpired period of the license, at the rate of duty prescribed for such term for which a license may be granted as is next below such period, shall be authorized to employ the still, boiler, or other vessel, so altered, on adducing the said license, and obtaining an endorsement thereon, under the hand of the said collector, which he is hereby required to make, specifying such increase of capacity, and that the duty thereon has been paid or secured.

SEC. 15. And be it further enacted, That all goods, wares, or merchandise, or other objects, which shall be condemned by virtue of this act, or of any other act relative to internal duties, and for which bond shall have been given by the claimant, agreeably to the provisions for that purpose in the foregoing section, shall be sold by the SEC. 20. And be it further enacted, That any marshal, or other proper officer of the court before person who shall, after the thirtieth day of June whom condemnation shall be had, to the highest next, erect, or cause to be erected, any still, or bidder, at public auction, by order of such court, boiler, or other vessel, used or intended to be and at such place as the said court may appoint, used in the distillation of spirituous liquors, or giving at least fifteen days' notice, (except in case who shall so use any still, or boiler, or other vesof perishable goods,) in one or more of the public sel, in any part of the United States beyond the newspapers of the place where such sale shall be; then existing boundary line established by law or, if no paper is published in such place, in one or between the United States and the Indian tribes, more of the papers published in the nearest place or who shall be the owner, agent, or superintendthereto; for which advertising a sum not exceed-ent thereof, shall forfeit and pay the sum of five ing five dollars shall be paid. And the amount thousand dollars, together with the said still of such sales, deducting all proper charges, shall boiler, or other vessel, and the spirits distilled be paid within ten days after such sale, by the therein: one moiety of which shall be for the person selling the same, to the clerk, or other pro- use of the informer, and the other for the use of per officer, of the court, directing such sale, to be the United States. And for any violations hereof, by him, after deducting the charges allowed by the same course may and shall be pursued that the court, paid to the collector of the district in is prescribed by the act passed the thirtieth of which such seizure or forfeiture has taken place, March, one thousand eight hundred and two enas herein before directed. titled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," for violations thereof; and the courts specified therein shall have like jurisdietion. And the same authority that is given by the said act to apprehend and remove personS found in violation thereof, shall apply and ext to the said stills, boilers, or other vessels, and spirits distilled therein, which may be seized d removed in like manner. And all spirits meh shall have been, or which hereafter shall be so

SEC. 16. And be it further enacted, That the foregoing provisions of this act shall be applicable, in all respects, as well to all acts that may hereafter be passed, relative to internal duties, as to those heretofore passed and now in force.

SEC. 17. And be it further enacted, That any collector or his deputy, who shall directly or indirectly take or receive any bribe, reward, or recompense, or shall connive at any false entry, application, report, account, or statement, required

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Resolutions.

distilled, beyond the said boundary line, which way barred or defeated, by reason of any law of shall be brought into the limits of a collection any State authorizing or directing a stay or susdistrict, may and shall be seized and forfeited, pension of process, proceedings, judgment, or exand the person so introducing the same shall, more-ecution: Provided, That final decrees and judg over, forfeit and pay one thousand dollars; one moiety of which shall be to the use of the informer, and the other for the use of the United States: Provided, nevertheless, That no person who shall have removed his still out of one collection district into another, shall be liable to take out another license during the period of any ex-ted States, passed the twenty-fourth of Septemisting license obtained for the same.

SEC. 21. And be it further enacted, That it shall be the duty of the collectors of the direct tax and internal duties, to prosecute for breaches of the provisions contained in the two preceding sections.

SEC. 22. And be it further enacted, That nothing contained in the act or acts imposing a duty on sales at auction of goods, wares, and merchandise, shall be construed to apply to the sale of any goods or chattels other than merchandise. Approved, March 3, 1815.

An Act to vest more effectually in the State Courts' and in the District Courts of the United States' jurisdiction in the cases therein mentioned.

Be it enacted, &c., That the respective State or county courts, within or next adjoining a collection district, established by any act of Congress now in being, or hereafter to be passed, for the collection of any direct tax or internal duties of the United States, shall be, and are hereby, authorized to take cognizance of all complaints, suits, and prosecutions, for taxes, duties, fines, penalties, and forfeitures, arising and payable under any of the acts passed, or to be passed, as aforesaid, or where bonds are given under the said acts; and the district attorneys of the United States are hereby authorized and directed to appoint, by warrant, an attorney, as their substitute or deputy, in all cases where necessary to sue or prosecute for the United States, in any of the said State or county courts, within the sphere of whose jurisdiction the said district attorneys do not themselves reside or practice; and the said substitute or deputy shall be sworn or affirmed to the faithful execution of his duty.

SEC. 2. And be it further enacted, That the jurisdiction conferred by the foregoing section shall be considered as attaching, in the cases therein specified without regard to the amount or sum in controversy, and that it shall be concurrent with the jurisdiction of the district courts of the United States; but may, nevertheless, be exercised in cases where the fine, penalty, or forfeiture, may

ments in civil actions, passed or rendered in any State court by virtue hereof, may be re-examined in the circuit court of the United States, in the same manner, and under the same limitations, as are prescribed by the twenty-second section of the act to establish the judicial courts of the Uniber, seventeen hundred and eighty-nine.

SEC. 3. And be it further enacted, That the state or county courts aforesaid, and the principal or presiding judge of any such court, shall be, and are hereby, authorized to exercise all and every power, in cases cognizable before them by virtue of this act, for the purpose of obtaining a mitigation or remission of any fine, penalty, or forfeiture, which may be exercised by the judges of the district courts of the United States, in cases brought before them by virtue of the law of the United States, passed on the third of March, one thousand seven hundred and ninety-seven, entitled "An act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned;" and in the exercise of the authority by this section given to the said State or county courts, or the principal or presiding judge as aforesaid, they shall be governed, in every respect, by the provisions of the law last mentioned, with this difference only, that instead of notifying the district attorneys of the United States, the said courts, or the presiding judge as aforesaid, shall, before exercising said authorities, cause reasonable notice to be given to the substitute or deputy, who may have been appointed to sue or prosecute for the United States, as aforesaid, that he may have an opportunity of showing cause against the mitigation or remission of such fine, penalty, or forfeiture.

SEC. 4. And be it further enacted, That the district court of the United States shall have cognizance, concurrent with the courts and magistrates of the several States, and the circuit courts of the United States, of all suits at common law, where the United States, or any officer thereof, under the authority of any act of Congress, shall sue, although the debt, claim, or other matter in dispute, shall not amount to one hundred dollars. Approved, March 3, 1815.

RESOLUTIONS.

have been incurred, or the cause of action or com-Resolutions, expressive of the sense of Congress of

plaint have arisen, at a less, as well as a greater distance than fifty miles from the nearest place by law established for the holding of a district court of the United States. But in all suits or prosecutions instituted by or on behalf of the United States in any State or county court, the process, proceedings, judgment, and execution therein shall not be delayed, suspended, or in any

the gallant conduct of Captain Thomas Macdonough, the officers, seamen, marines, and infantry serving as marines, on board the United States' squadron on Lake Champlain.

Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of Congress be, and the same are hereby, presented to

Resolutions.

Captain Thomas Macdonough, and, through him, to the officers, petty officers, seamen, marines, and infantry serving as marines, attached to the squadron under his command, for the decisive and splendid victory gained on Lake Champlain, on the eleventh of September, in the year one thousand eight hundred and fourteen, over a British squadron of superior force.

Resolved, That the President of the United States be requested to cause gold medals to be struck, emblematical of the action between the two squadrons, and to present them to Captain Macdonough and Captain Robert Henly, and also to Lieutenant Stephen Cassin, in such manner as may be most honorable to them; and that the President be further requested to present a silver medal, with suitable emblems and devices, to each of the commissioned officers of the Navy and Army serving on board, and a sword to each of the midshipmen and sailingmasters, who so nobly distinguished themselves in that memorable conflict.

Resolved, That the President of the United States be requested to present a silver medal, with like emblems and devices, to the nearest male relative of Lieutenant Peter Gamble, and of Lieutenant John Stansbury, and to communicate to them the deep regret which Congress feel for the loss of those gallant men, whose names ought to live in the recollection and affection of a grateful country.

Resolved, That three months' pay be allowed, exclusively of the common allowance, to all the petty officers, seamen, marines, and infantry serving as marines, who so gloriously supported the honor of the American flag on that memorable day.

Approved, October 20, 1814.

Resolution, empowering the Joint Library Committee of Congress to contract for the purchase of Mr. Jefferson's library.

Resolved, fc., That the Joint Library Committee of the two Houses of Congress be, and they are hereby, authorized and empowered to contract. on their part, for the purchase of the library of Mr. Jefferson, late President of the United States, for the use of both Houses of Congress; and that the committee lay the terms of said contract before Congress, for their ratification.

Approved, October 21, 1814.

Resolution, expressive of the sense of Congress relative to the victory of the Peacock over the Epervier. Resolved, &c., That the President of the United States be requested to present to Captain Lewis Warrington, of the sloop of war Peacock, a gold medal, with suitable emblems and devices, and a silver medal, with like emblems and devices, to each of the commissioned officers, and a sword to each of the midshipmen, and to the sailing master, of the said vessel, in testimony of the high sense entertained by Congress of the gallantry and good conduct of the officers and crew,

in the action with the British brig Epervier, on the twenty-ninth day of April, in the year one thousand eight hundred and fourteen, in which action the decisive effect and great superiority of the American gunnery were so sigually displayed.

Approved, October 21, 1814.

Resolution, expressive of the sense of Congress relative to the capture of the British sloop Reindeer, by the American sloop Wasp.

Resolved, &c., That the President of the United States be requested to present to Captain Johnston Blakely, of the sloop Wasp, a gold medal with suitable devices, and a silver medal, with like devices, to each of the commissioned officers, and also a sword to each of the midshipmen, and the sailingmaster, of the aforesaid vessel, in testimony of the high sense entertained by Congress of the gallantry and good conduct of the officers and crew, in the action with the British sloop of war Reindeer, on the twenty-eighth of June, in the year one thousand eight hundred and fourteen; in which action determined bravery and cool intrepidity, in nineteen minutes, obtained a decisive victory, by boarding. Approved, November 3, 1814.

Resolutions, expressive of the sense of Congress of the gallantry and good conduct with which the reputation of the arms of the United States has been sustained by Major General Brown, Major General Scott, Major General Porter, Major General Gaines, Major General Macomb, and Brigadiers Ripley and Miller.

Resolved, &c., That the thanks of Congress be, and they are hereby, presented to Major General Brown, and, through him, to the officers and men, of the regular army, and of the militia, under his command, for their gallantry and good conduct in the successive battles of Chippewa. Niagara, and Erie, in Upper Canada, in which British veteran troops were beaten and repulsed by equal or inferior numbers; and that the President of the United States be requested to cause a gold medal to be struck, emblematical of these triumphs, and presented to Major General Brown.

Resolved, That the President of the United States be requested to cause a gold medal to be struck, with suitable emblems and devices and presented to Major General Scott, in testimony of the high sense entertained by Congress of his distinguished services in the conflicts of Chippe wa and Niagara, and of his uniform gallantry and good conduct in sustaining the reputation of the arms of the United States.

Resolved, That the President of the United States be requested to cause gold medals to be struck, with suitable emblems and devices, an presented to Brigadier General Ripley, Brigita General Miller, and Major General Porter, is timony of the high sense entertained by Contess of their gallantry and good conduct in the several conflicts of Chippewa, Niagara, and Erie.

Resolutions.

Resolved, That the thanks of Congress be, and they are hereby, presented to Major General Gaines, and, through him, to the officers and men under his command, for their gallantry and good conduct, in defeating the enemy at Erie on the fifteenth of August; repelling, with great slaughter, the attack of a British veteran army, superior in number; and that the President of the United States be requested to cause a gold medal to be struck, emblematical of this triumph, and presented to Major General Gaines.

Resolutions, expressive of the high sense entertained by Congress of the patriotism and good conduct of the people of Louisiana and of New Orleans, during the late military operations before that city.

Resolved, &c., That Congress entertain a high sense of the patriotism, fidelity, zeal, and courage, with which the people of the State of Louisiana promptly and unanimously stepped forth, under circumstances of imminent danger from a powerful invading army, in the defence of all the individual, social, and political rights held dear by man. Congress declare and proclaim that the brave Louisianians deserve well of the whole people of the United States.

Resolved, That the thanks of Congress be, and they are hereby, presented to Major General Macomb, and, through him, to the officers and men of the regular army under his command, and Resolved, That Congress entertain a high sense to the militia and volunteers of New York and of the generosity, benevolence, and humanity, disVermont, for their gallantry and good conduct played by the people of New Orleans, in volunin defeating the enemy at Plattsburg, on the elev-tarily affording the best accommodations in their enth of September; repelling, with one thousand five hundred men, aided by a body of militia and volunteers from New York and Vermont, a British veteran army, greatly superior in number; and that the President of the United States be requested to cause a gold medal to be struck, emblematical of this triumph, and presented to Major General Macomb.

Approved, November 3, 1814.

Resolution, requesting the President of the United States to recommend a day of public humiliation, fasting, and prayer.

It being a duty, peculiarly incumbent in a time of public calamity and war, humbly and devoutly to acknowledge our dependence on Almighty God, and to implore his aid and protection: Therefore,

power, and giving the kindest attentions, to the wounded, not only of our own army, but also to the wounded prisoners of a vanquished foe.

Resolved, That the President of the United States be requested to cause the foregoing resolutions to be communicated to his Excellency, the Governor of Louisiana, accompanied with a request that he cause the greatest possible publicity to be given to them, for the information of the whole people of Louisiana.

Approved, February 22, 1815.

Resolutions, expressive of the high sense entertained by Congress of the gallantry and good conduct of Commodore D. T. Patterson, and Major D. Carmick, and of the officers, seamen, and marines, under their command, in the defence of New Orleans.

Resolved, &c., That Congress entertain a high sense of the valor and good conduct of CommoResolved, by the Senate and House of Repre- dore D. T. Patterson, of the officers, petty officers, sentatives of the United States of America in and seamen, attached to his command, for their Congress assembled, That a joint committee of prompt and efficient co-operation with General both Houses wait on the President of the Uni-Jackson, in the late gallant and successful defence ted States, and request that he recommend a day of the city of New Orleans, when assailed by a of public humiliation, prayer, and fasting, to be powerful British force. observed by the people of the United States with religious solemnity, and the offering of fervent supplications to Almighty God for the safety and welfare of these States, his blessing on their arms, and a speedy restoration of peace.

Resolution, for furnishing the American Antiquarian Society with a copy of the Journals of Congress, and of the documents published under their order. Resolved, &c., That one copy of the public Journals of the Senate and House of Representatives, and of the documents published under the orders of the Senate and House of Representatives, respectively, which have been, or shall be, published by virtue of a resolution of the Senate and House of Representatives, passed at the last session of Congress, be transmitted to the Executive of the Commonwealth of Massachusetts, for the use and benefit of the American Antiquarian Society of the said Commonwealth.

Approved, December 1, 1814.

Resolved, That Congress entertain a high sense of the valor and good conduct of Major Daniel Carmick, of the officers, non-commissioned officers, and marines, under his command, in the defence of the said city, on the late memorable occasion.

Approved, February 22, 1815.

Resolutions, expressive of the thanks of Congress to Major General Jackson, and the troops under his command, for their gallantry and good conduct in the defence of New Orleans.

Resolved, &c., That the thanks of Congress be, and they are hereby, given to Major General Jackson, and, through him, to the officers and soldiers of the regular army, of the militia, and of the volunteers, under his command, the greater proportion of which troops consisted of militia and volunteers, suddenly collected together, for their uniform gallantry and good conduct, conspicuously displayed against the enemy, from the time of his landing before New Orleans until his

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