same predicament as persons by whom no such election shall have been made, and shall incur the like penalties and forfeitures, as such persons are by this act made liable to, for neglecting or omitting to bring, or send and deliver, true and exact lists of the carriages by them, respectively, had or kept, and paying the duties thereupon, in the manner herein directed.

7. That it shall be, at any time, lawful for any person who shall have made any such election as aforesaid, by notice in writing, under his or her hand, sent to, and delivered at, the same office of inspection, where the notice of such election shall have been given, to revoke the said election; after which revocation, he or she shall stand and be, as to all matters and things directed and prescribed by this act, in the same situation as if no such election had been made.

8. That the supervisors of the revenue shall have power, from time to time, to examine, upon oath or affirmation, any officers or persons employed under them in the collection and receipts of the duties aforesaid.

9. That if any person shall wilfully swear or affirm falsely, touching any matter hereinbefore required to be verified by oath or affirmation, he or she shall suffer the pains and penalties, which by law are prescribed for wilful and corrupt perjury; and, if an officer, shall forfeit his office, and be incapable of afterwards holding any office under the United States.

10. That all fines, penalties, and forfeitures, which shall be incurred pursuant to this act, shall be divided and distributed, one half thereof to the use of the United States, and the other half thereof to the use of the person, who, if an officer of inspection, shall first discover, if not an officer of inspection, shall first give information of, the cause, matter, or thing, whereby any of the said penalties or forfeitures shall have been incurred; and as well the duties hereby laid, as the said fines, penalties, and forfeitures, all or any of them, shall and may be sued for, and recovered, in any court of the United States, or before any magistrate, or State court, having competent jurisdiction.

11. That this act shall continue and be in force, for and dur

ing the term of two years, and from thence to the end of the next session of Congress, and no longer.

ACT AS TO CALLING FORTH MILITIA.

February 28th, 1795.

AN ACT TO PROVIDE FOR CALLING FORTH THE MILITIA, TO EXECUTE THE LAWS OF THE UNION, SUPPRESS INSURRECTIONS, AND REPEL INVASIONS, AND TO REPEAL THE ACT NOW IN FORCE FOR THOSE PURPOSES.

1. Be it enacted, &c., That whenever the United States shall be invaded, or be in imminent danger of invasion, from any foreign nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of the militia of the State or States most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue his orders for that purpose to such officer or officers of the militia as he shall think proper. And in case of an insurrection in any State, against the government thereof, it shall be lawful for the President of the United States, on application of the legislature of such State, or of the Executive (when the legislature cannot be convened), to call forth such number of the militia of any other State or States, as may be applied for, as he may judge sufficient to suppress such insurrection.

2. That whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals. by this act, it shall be lawful for the President of the United States to call forth the militia of such State, or of any other State or States, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of

militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress.

3. That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abode, within a limited time.

4. That the militia employed in the service of the United States shall be subject to the same rules and articles of war as the troops of the United States; and that no officer, non-commissioned officer, or private, of the militia, shall be compelled to serve more than three months after his arrival at the place of rendezvous, in any one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which he belongs.

5. That every officer, non-commissioned officer, or private, of the militia, who shall fail to obey the orders of the President of the United States, in any of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court martial; and such officer shall, moreover, be liable to be cashiered by sentence of a court martial, and to be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court; and such non-commissioned officers and privates shall be liable to be imprisoned, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every five dollars of such fine.

6. That courts martial for the trial of militia shall be composed of militia officers only.

7. That all fines to be assessed as aforesaid, shall be certified by the presiding officer of the court martial before whom the same shall be assessed, to the marshal of the district in which. the delinquent shall reside, or to one of his deputies, and also to the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose.

The said marshal, or his deputy, shall forthwith proceed to levy the said fines, with costs, by distress and sale of the goods and chattels of the delinquent; which costs, and the manner of proceeding with respect to the sale of the goods distrained, shall be agreeable to the laws of the State in which the same shall be, in other cases of distress. And where any non-commissioned officer or private shall be adjudged to suffer imprisonment—there being no goods or chattels to be found whereof to levy the said finesthe marshal of the district, or his deputy, may commit such delinquent to gaol, during the term for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States may be committed.

8. That the marshals and their deputies shall pay all such fines by them levied, to the supervisor of the revenue in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five per centum as a compensation for their trouble; and in case of failure, the same shall be recoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interest and costs.

9. That the marshals of the several districts, and their deputies, shall have the same powers, in executing the laws of the United States, as sheriffs and their deputies, in the several States, have by law in executing the laws of the respective States.

10. That the act entitled, "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions," passed the second day of May, one thousand seven hundred and ninety-two, shall be, and the same is, hereby repealed.

TREATY WITH GREAT BRITAIN.

REMARKS ON THE TREATY OF AMITY, COMMERCE AND NAVIGATION, MADE BETWEEN THE UNITED STATES AND GREAT BRITAIN.

Hamilton to Washington.

July 9, 1795.

Article I. This being simply a declaration of peace and friendship, is liable to no observation.

Article II. This article, by fixing a precise period for the evacuation of the posts, namely, the first of June 1796, secures that important event as far as a stipulation can do it.

It is objected that the period is too remote, and that reasoning from the past there can be no reliance upon a fulfilment at the time.

It were desirable that a shorter period could have been limited, not only because it is interesting to repossess the posts as early as possible, but because the chances of interfering events which may create impediments are multiplied in proportion to the delay.

But the reasons assigned for it as contained in one of Mr. Jay's letters, though not satisfactory with regard to us, are not without force with regard to the other party, and it may be added to them, that the British would naturally wish time to establish counter posts within their territories, and that some time would really be requisite to prepare, without prejudice to their traders, for the future course of their business.

Yet whatever may be the degree of force which may be conceded to the reasons assigned for the delay, this circumstance does not appear to me a good ground of suspicion, that the postponement is with a secret intent to evade the surrender. I rather resolve its principal motive into the desire of preserving the friendship and confidence of the Indians within our territory