Sidebilder
PDF
ePub

be, and (hey are hereby, authorized to meet, at the seat of the •o»»of(?oTeragovernment of the said territory, on the second Monday of June £e%onda^of next; which convention, when met, shall first determine, by a J""". isi6; majority of the whole number elected, whether it be, or be not, "n^&c!"" expedient, at that time, to form a constitution and state government, for the people within the said territory; and if it be determined to be expedient, the convention shall be, and hereby are, authorized to form a constitution and state government: or if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said representatives shall be chosen in such manner, and in such proportion, and shall meet at such time and place, as shall be prescribed by the said ordinance, and shall then form, for the people of said territory, a constitution and state government: Provided, That the same, when- fTM^"i*eto ever formed, shall be republican, and not repugnant to those ar- be republican, tides of the ordinance of the thirteenth of July, one thousand "^"^[K^ seven hundred and eighty-seven, which are declared to be irre- dinanco of vocable between the original states and the people and states of ;Jue'jifpt. the territory northwest of the river Ohio; excepting so much of ing,&c. said articles as relate to the boundaries of the states therein to be formed.

$ 5. That, until the next general census shall be taken, the „^'!5ed?o said state shall be entitled to one representative in the house of one reproienrepresentatives of the United States. j^" co°

$ 6. That the following propositions be, and the same are propositioot hereby, offered to the convention of the said territory of Indiana, offeJ^^0^! when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. First. That the section numbered sixteen, in every J^"^1*/" township, and when such section has been sold, granted, or dis- school*, posed of, other lands equivalent thereto, and most contiguous to the same, shall be granted to the inhabitants of such township for the use of schools. Second. That all salt springs within the 2.SaiisPringi. said territory, and the land reserved for the use of the same, together with such other lands as may, by the president of the United States, be deemed necessary and proper for working the said salt springs, not exceeding, in the whole, the quantity contained in thirty-six entire sections, shall be granted to the said state, for the use of the people of the said state, the same to be used under such terms, conditions, and regulations, as the legislature of the said state shall direct: Provided, The said legislature shall never sell nor lease the same for a longer period than ten years at any one time. Third. That five per cent, of the nett £*^Jj5JJ proceeds of the lands lying within the said territory, and which neuproceed* shall be sold by congress from and after the first day of Decern- ?rj^b^lh^ds ber next, after deducting all the expenses incident to the same, tL territory, shall be reserved for making public roads and canals, of which for r"a ls u'lJ

three fifths shall be applied to those objects within the said state, voi.m.p. under the direction of the legislature thereof, and two fifths to 1670. the making of a road or roads leading to the said state)' under the direction of congress. Fourth. That one entire township, 4.-An addiwhich shall be designated by the president of the United Slates, tionai entire

township, for in addition to the one heretofore reserved for that purpose, shall "earring"' °f b° reserved t°r the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the 6. Four sec- use of such seminary by the said legislature. Fifth. That four fo°r"amiac sections of land be, and the same are hereby, granted to the said eovornmoiu. state, for the purpose of fixing their seat of government thereon; 1741! "'P" which four sections shall, under the direction of the legislature of said state, be located at any time, in such township and range as the legislature aforesaid may select, on such lands as may hereafter be acquired by the United States from the Indian tribes Proviso; Uv within the said territory: Provided, That such locations shall be secUorVio'be made prior to the public sale of the lands of the United States prior to pubUc surrounding such location: And provided always, That the five Proviso the f°re80mS propositions, herein offered, are on the conditions, that 6vcpropo»i- the convention of the said state shall provide, by an ordinance, conditio* "that irreTocarjle without the consent of the United States, that every lands sold by and each tract of land, sold by the United States, from and after United States f|]e first day of December next, shall be and remain exempt from

b c c x o m p t (

fromta»cs6ve any tax, laid by order or under any authority of the stale, wheyears. lner fQf statej COunty, or township, or any other purpose whatever, for the term of five years from and after the day of sale. [Approved, April 19, 1816.J ,.

Repealed. Chap. &8. An act to abolish the existing duties on spirits distilled within the United States Vol. iii. p. and to lay other duties, in lieu of those at present imposed, on licenses to distillers of spi

1654. rituous liquors.

The act of too $ 1. Be it enacted, #c. That, from and after the thirtieth day

tl*t.of Dec. 0f June next, the act, entitled " an act to provide additional revisit, to ceaso - , . / > r ' , . ..

anddetermino enues for defraying the expenses of government and maintaining after the 30th'(ne pUD]jc credit, by laving duties on spirits distilled within the

of June, 1818, TT .' , _ , 1 T* , , r . , ,. ,

except what is United States and territories thereof, and by amending the act, ucensesfor0 'nym8 duties on licenses to distillers of spirituous liquors," passsiiiisj &c. ed the twenty-first day of December, one thousand eight hundred Voi.u.p.i439. an(j fourteeri) shall cease and determine, excepting insomuch as the same is applicable to the duty payable for licenses for stills Proviso; the or boilers granted previously to the first day of July next: ProKcilnfore. vided, That the provisions of the aforesaid act shall remain in full as to accounts force and virtue, so far as- the same may relate to the rendering t5iiiedJ,"th"e<'coi- °f the accounts of spirits distilled previous to the first day of July lection and re- next, and to the collection and recovery of all duties laid by the tie^and the" W'd act, that may have accrued previous thereto, and which shall recovery, dis- then remain outstanding,'and to the recovery, distribution, and nuion, c. rernjssjon of fines, penalties, and forfeitures, which may be incurred in relation to the said duties. Owners of § 2. That every person who, after the thirtieth day of June sobs's°u Tin nox,> sha" he the owner of any still or stills, or other implements tondingUiom in lieu of stills, used for the purpose of distilling spirituous lifo'/thTsotff" 1uors> or wno shall have such still or stills, or implements as aforcJuno, i8i6,to said, under his superintendence, either as agent for the owner, or cens^fromthe on nis own. account> and {°t which a license extending beyond said collector or day shall not have been previously obtained, and every person jbTMdusmg b*' wllo, having such license, shall, after its expiration, use, or inthem. tend to use, any still or stills, or implements as aforesaid, ejlher as owner, agent, or otherwise, shall, before he shall so begin to use such still or stills, or other implements in lieu thereof, for the purpose of distilling spirituous liquors, apply for, and obtain from the collector appointed by virtue of the act, entitled "An act for the assessment and collection of direct taxes and internal duties," for the collection district in which such person resides, (or to the deputy of such collector duly authorized,) a license for using the said still or stills, or other implements,"as aforesaid; which licenses, respectively, shall be granted, at the option of the proprietor or possessor of such still or stills, for any or either of the terms mentioned in this act, upon the payment, in money, by such proprietor or possessor, of the duties payable on the said license or licenses, according to the provisions of this act, if J* ^JJjjJ the said duties upon such still or stills, or other implements, 20 dolls, they when added together, if there be more than one still or other im- *nrem°nb!e f*ld plement for distilling spirits, sjiall not exceed twenty dollars ; thev'oxceed20 and if they shall exceed twenty dollars, on such proprietor or d°''*- a bond

'' 1 n 'r 1 • 1 withlwoBUro

possessor executing and delivering to the collector, or to his de- ties may b« puty as aforesaid, a bond, with two or more sureties, to the satis- |.akfn.5°n<J>

r e *l 11 1 .•• 1 <• 1 Honed for nay

faction ot such collector or deputy, conditioned for the payment mentintwcivo

of said duties at the end of twelve months after the expiration n,onths> &c

of the term for which such license or licenses, respectively, shall

have been granted. And the said bond shall be taken in the Bond to be

name of the United States of America, and in such form as shall {^eoftho

be prescribed by' the treasury department. And if any person United siatca

shall, after the said thirtieth day.of June next, use, or cause to be ^"a"^"

used, any still or stills, or other implements as aforesaid, in dis- department

tilling spirituous liquors; or shall be the owner of, or have un- pc7j£ns""ing

der his superintendence, either as agent or otherwise, any still or atiiu, or keop

stilrs, or other implements as aforesaid, which shall, after the said situation for

day, have been used as aforesaid, without having a license there- jj^a.flor the

for as aforesaid, continuing in force for the whole time during i8]6| w"tenout

which the said still or stills, or implements as aforesaid, shall Ji':""'^ to for"

have been thus used, or who shall keep, during any period for a„d na

which a license has been granted to such person, any still or bl° °ul

boiler, or other implement liable to duty, in their fixtures, in a

situation for use, without having first obtained a license for the

same, agreeably to the provisions of this act, every such person

shall forfeit and pay the sum of one hundred dollars, together

with double the amount of duties which would have been payable

for the term during which such still or stills, or implements as

aforesaid, shall be thus used, or kept in a situation for use, as

aforesaid, had the said still or stills, or implements aforesaid, been

entered according to the provisions ot this act; to be recovered

with costs of suit.

<5> 3. That if any person shall keep in or about his distillery £cTM°"*

any beer or other liquor, prepared from grain, for the purpose of afout their0*

distillation, for more than eight days, during any time for which H,8,j!ler.'.es>

1 1 11 • 1 ■ i- r <■ -n 1 for distillation,

such person shall not have obtained a license for distillation, ne for more than shall forfeit and pay the sum of one hundred dollars for every 3 ty* wilh

. « J * out license,

such offence. forfeit 100

<$> 4. That the licenses aforesaid shall and may be granted for iMsand during the following terms or periods, and on the securing

[ocr errors]

of payment as aforesaid, of the duties undermentioned, namely: Periods for For a still or stills employed in distilling spirits from domestic maybo gTn" materials, for a license for the employment thereof for and durod and rate of ing the term of one week, four and a half cents for each gallon im'»em0pnuy- °f tn0 capacity of every such still, including the head thereof: cdindistilling for a licence for and during the term of two weeks, nine cents materiaTM."8"0 for each gallon of its capacity as aforesaid; for a license for and during the term of one month, eighteen cents for each gallon of its capacity as aforesaid; for a license for and during the term of two months, thirty-six cents for each gallon of its capacity as aforesaid; for a license for and during the term of three months, fifty-four cents for each gallon of its capacity as aforesaid; for a license for and during the term of four months, seventy-two cents for each gallon of its capacity as aforesaid; for a license for five months, ninety cents for each gallon of its capacity as aforesaid; for a license for and during the term of six months, one hundred and eight cents for each gallon of its capacity as aforesaid; for a license for one year, two hundred and sixteen cents for each Proviso; only gallon of its capacity as aforesaid: Provided, That there shall be halftiii« Jul'c* Pa'^ uPon each still employed wholly in the distillation of roots, wholly em- but one half the rates of duties above mentioned, according to the Period'a for' caPac',y °f sucn still. For a still or stills employed in distilling whichiicenses spirits from foreign materials, for a license for the employment edttyand rauiorlnere°f ^or an(l during the term of one month, twenty-three cents duties,tor for each gallon of the capacity of every such still, including the ■tills employ- hea(j (hereof: for a license for and during the term of two months,

ed in distilling _ . ,,, j.. ° e • i r

spirits from forty-six cents for each gallon of its capacity as aforesaid; for a materials license for and during the term of three months, sixty-eight cents for each gallon of its capacity as aforesaid; for a license for and during the term of four months, ninety cents for each gallon of its capacity as aforesaid; for a license for and during the term of six months, one hundred and thirty-five cents for each gallon of its capacity as aforesaid; for a license for and during the term of eight months, one hundred and eighty cents for each gallon of its capacity as aforesaid; for a license for one year, two hundred and seventy cents for each gallon of its capacity as aforeLicensosfor gaid. And for every boiler, however constructed, employed for the purpose of generating steam, in those distilleries where wooden or other vessels are used instead of metal stills, and the action of steam is substituted for the immediate application of fire to the materials from which the spirituous liquors are distilled, for a license for the employment thereof, double the amount on each gallon of the capacity of the said boiler, including the head thereof, which would be payable for the said license, if granted for the same term, nnd for the employment on the same materials, of a still or stills to the contents of which, being the materials from whence the spirituous liquors are drawn, and immediate application of fire, during the process of distillation, is made. Collectors are <§, 5, That it shall be the duly of the collectors, within their licenses', respective districts, to grant licenses for distilling, which licenses bo markod10 sna" ^e mar'ten' w'tn a mark denoting the rate of duty thereupon, with the rate and shall be signed by the commissioner of the revenue, and beeadbUly'*'en* 'n8 countersigned by the collector who shall issue the same, or cause the same to be issued, shall be granted (o any person who ihc commi*shall desire the same, upon application in writing, and upon pay- revonu/and0 ment, or securing of payment, as aforesaid, of the sum or duty countersigned payable by this act, upon each license requested. toVfcc?"

§ 6. That the application in writing, to be made by any per- xhe written son applying for a license for distilling as aforesaid, shall state application for the place or places of distilling, the number and contents of the Bums^"^'tm still or stills, boiler or boiler, and whether intended to distil ofdiitiiting, spirituous liquors from foreign or domestic materials. And noperlonloD_ person having obtained a license in one collection district shall uining license be required to take out an additional license in another district" ^,,t^1' for the same still within the period of the first license. And out license in every person making a false statement in either of the said par- »nolhcr.**

l L L ii i- r -i i Persons mak

ticulars, or who shall distil spirituous liquors from materials other ing false than those stated in the application aforesaid, as well as the sl*lemonl».

r «• -ii ii .ii • i subject to a

owner or superintendent of any distillery, still or stills, with re- fineof isodis. spect to which said false statement shall have been made, or which shall be thus unlawfully employed, shall forfeit and pay the sum of one hundred and fifty dollars, to be recovered with costs of suit.

$ 7. That every such collector, or his deputy duly authorized Collectors under his hand and seal, shall be authorized to enter, at any ^fj^r"" time, any distillery, or place where any still, boiler, or other ves- dunUieries fur sel used in distillation, are kept or used, within his collection in^pectE^',0 °f district, for the purpose of inspecting, examining, or measuring, *«• the same, and the other vessels therein. And every owner of Pcrson»rrf«»such distillery, stills, or boilers or other vessels, or person hav- [n| officer 'to ing the care, superintendence, or management, of the same, who jjjJP^jJ'0*'' shall refuse to admit such officer as aforesaid, or to suffer him to inspect, examine, or measure, the same, shall, for every such refusal, forfeit and pay the sum of five hundred dollars.

<$> 8. That, in cases in which a license for stills or boilers jn""""'^," may have been granted for. then* employment, according to the S?aperi*TM present rates of duty, for a period extending beyond the thirtieth JX^isi^at day of June, one thousand eight hundred and sixteen, the person present rates, to whom the same may have been granted or transferred, shall, ^,rp,*ona0frthe on or before the said day, pay, or secure the payment, in manner additional duaforcsaid, of a sum equal to such proportion of the additional "**' duty hereby imposed on licenses for stills and boilers, as said period bears to that for which the said licence was granted; the Payment to be payment of which sum shall be endorsed by the collector on said TM, Sector, licence. And if any still or boiler shall, after the said thirtieth Forfeit of Ioq day of June, be employed in distilling spirituous liquors, without dolls. &c. for the additional duty having been previously paid, or secured as "IhouV'payaforesaid, the owner, agent, or superintendent, thereof, shall for- ing the add;, feit and pay the sum of one hundred dollars, together with double Uonal duty" the amount of the said additional duties.

"5> 9. That all the provisions of this act shall be deemed to The prow

, ... L «i i i i * J* -ii sions ol this

apply to any still or boiler, or other vessel used in distillation, act applicable which shall be employed in the rectification of spirituous liquors, "^^j"'8 em_

<§> 10. That any license heretofore or hereafter granted for em- A license to ploying a still, boiler, or other vessel, in distilling spirits from ai",lin°rjj^jJ"* foreign materials, shall authorize the distilling spirits from do- &c.g' mestic materials also. *

« ForrigeFortsett »