Stills employed beyond the boundary line subject the owners to a penalty, &c. the thirtieth day of June next, erect, or cause to be erected, any still, or boiler, or other vessel used or intended to be used in the distillation of spirituous liquors, or who shall so use any still, or boiler, or other vessel, in any part of the United States beyond the then existing boundary line established by law between the United States and the Indian tribes, or who shall be the owner, agent, or superintendent thereof, shall forfeit and pay the sum of five thousand dollars, together with the said still, boiler, or other vessel, and the spirits distilled therein; one moiety of which shall be for the use of the informer, and the other for the use of the United States. And for any violations hereof, the same course may and shall be pursued that is prescribed by the act passed the thirtieth of March, one thousand Act of March eight hundred and two, entitled "An act to regulate trade and intercourse 30, 1802, ch. 13. with the Indian tribes, and to preserve peace on the frontiers," for violations thereof; and the courts specified therein shall have like jurisdiction. And the same authority that is given by the said act to apprehend and remove persons found in violation thereof, shall apply and extend to the said stills, boilers, or other vessels and the spirits distilled therein, which may be seized and removed in like manner. And all spirits which shall have been, or which hereafter shall be, so distilled, beyond the said boundary line, which shall be brought into the limits of a collection district, may and shall be seized and forfeited, and the person so introducing the same shall, moreover, forfeit and pay one thousand dollars; one moiety of which shall be for 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 existing license obtained for the same. Proviso. Duty of the collectors to prosecute, &c. Duties on sales at auction, &c., shall only apply to sales of mer chandise. SEC. 21. And be it further enacted, That it shall be the duty of the collectors of 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. STATUTE III. March 3, 1815. CHAP. CI.—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. State or coun take cognisance of suits for taxes, &c. Be it enacted by the Senate and House of Representatives of the United ty courts in or States of America, in Congress assembled, That the respective state or adjoining a collection district, county courts within or next adjoining a collection district established by authorized to 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 cognisance 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 practise; and the said substitute or deputy shall be sworn or affirmed to the faithful execution of his duty. And to have jurisdiction over any sum in controversy, &c. 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 have been incurred, or the cause of action or complaint 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 way barred or defeated by reason of any law of any state authorizing or directing a stay or suspension of process, proceedings, judgment or execution: Provided, That final decrees and judgments 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 United States, passed the twenty-fourth of September, 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 cognisable 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 judges 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 cognisance 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. I. RESOLUTIONS, expressive of the sense of Congress of the gallant conduct of Cap- Thanks of Congress to Captain Macdonough, his officers, &c. Medals to be presented. A silver medal to the representatives of Lieutenants Gamble and Stansbury. 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 honourable 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 sailing masters, 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 feels 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 honour of the American flag on that memorable day. APPROVED, October 20, 1814. A gold medal to Captain Warrington, &c. Purchase of the library of Mr. Jefferson. II. RESOLUTION, expressive of the sense of Congress relative to the victory of the Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, 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 twentyninth 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 signally displayed. APPROVED, October 21, 1814. III. RESOLUTION, empowering the joint library committee of Congress to contract for the purchase of Mr. Jefferson's library. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, 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. Captain Blakely and others. IV. RESOLUTION, expressive of the sense of Congress relative to the capture of the British sloop Reindeer, by the American sloop Wasp. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, 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 sailing master 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. V. 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 by the Senate and House of Representatives of the United States of America, in Congress assembled, 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 successive conflicts of Chippewa, 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, and presented to Brigadier General Ripley, Brigadier General Miller and Major General Porter, in testimony of the high sense entertained by Congress of their gallantry and good conduct in the several conflicts of Chippewa, Niagara and Erie. 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. Major Gene Resolved, That the thanks of Congress be, and they are hereby presented to Major General Macomb, and, through him, to the officers and ral Macomb. men of the regular army under his command, and to the militia and volunteers of New York and Vermont, for their gallantry and good conduct, in defeating the enemy at Plattsburg on the eleventh 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. A day of fasting and prayer requested. VI. 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, Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, That a joint committee of both houses wait on the President of the United States, and request that he recommend a day of public humiliation, prayer and fasting, to be 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. VII. RESOLUTION, for furnishing the American Antiquarian Society with a copy of the journals of Congress, and of the documents published under their order. Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, That one copy of the public journals of the Senate and of the 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 said commonwealth. APPROVED, December 1, 1814. People of Louisiana and New Orleans. VIII. 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 by the Senate and House of Representatives of the United States of America, in Congress assembled, 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 Congress entertain a high sense of the generosity, benevolence and humanity displayed by the people of New Orleans, in voluntarily affording the best accommodations in their 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. |