ment, on the

and to deter

be, and they are hereby, authorized to meet, at the seat of the seat of governgovernment of the said territory, on the second Monday of June 2d Monday of next; which convention, when met, shall first determine, by a June, 1816; majority of the whole number elected, whether it be, or be not, mine, &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- Proviso; the ever formed, shall be republican, and not repugnant to those ar- be republican, ticles of the ordinance of the thirteenth of July, one thousand and not repugseven hundred and eighty-seven, which are declared to be irre- dinance of vocable between the original states and the people and states of 13th July, 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 said state shall be entitled to one representative in the house of representatives of the United States.

constitution to

nant to the or

1787; except

The state to

be entitled to

one represen

tative in congress.

convention

1. No. 16 for

6. That the following propositions be, and the same are Propositions hereby, offered to the convention of the said territory of Indiana, offered to the 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 the use of township, and when such section has been sold, granted, or dis- schools. 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. Salt springs. 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 S. Five per proceeds of the lands lying within the said territory, and which nett proceeds shall be sold by congress from and after the first day of Decem- of public lands lying within ber next, after deducting all the expenses incident to the same, the territory, shall be reserved for making public roads and canals, of which for roads and three fifths shall be applied to those objects within the said state, Vol. iii. 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 States, tional entire

cent, of the

canals.

5. Four sections of land

for a seat of government. Vol. iii. p. 1741.

township, for in addition to the one heretofore reserved for that purpose, shall a seminary of be reserved for the use of a seminary of learning, and vested in learning. the legislature of the said state, to be appropriated solely to the use of such seminary by the said legislature. Fifth. That four sections of land be, and the same are hereby, granted to the said state, for the purpose of fixing their seat of government thereon; 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; lo- within the said territory: Provided, That such locations shall be sections to be made prior to the public sale of the lands of the United States prior to public surrounding such location: And provided always, That the five sales. foregoing propositions, herein offered, are on the conditions, that five proposi- the convention of the said state shall provide, by an ordinance, tions are on irrevocable 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 the first day of December next, shall be and remain exempt from from taxes five any tax, laid by order or under any authority of the state, whether for state, 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.]

cations of the

Proviso; the

condition that

be exempt

years.

Repealed.

Vol. iii. p. 1654.

The act of the

1814, to cease

of June, 1816,

licenses for

stills, &c.

CHAP. 58. An act to abolish the existing duties on spirits distilled within the United States and to lay other duties, in lieu of those at present imposed, on licenses to distillers of spirituous liquors.

1. Be it enacted, &c. That, from and after the thirtieth day 21st of Dec. of June next, the act, entitled "an act to provide additional revand determine enues for defraying the expenses of government and maintaining after the 30th the public credit, by laying duties on spirits distilled within the except what is United States and territories thereof, and by amending the act, applicable to laying duties on licenses to distillers of spirituous liquors," passed the twenty-first day of December, one thousand eight hundred Vol. ii.p.1439. and fourteen, 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: Prothe act in force 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 tilled, the col- of 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 covery of du said act, that may have accrued previous thereto, and which shall recovery, dis- then remain outstanding, and to the recovery, distribution, and remission of fines, penalties, and forfeitures, which may be incurred in relation to the said duties.

provisions of

of spirits dis

ties, and the

tribution, &c.

Owners of

ter the 30th

2. That every person who, after the thirtieth day of June stills, or per- next, shall be the owner of any still or stills, or other implements sons superintending them in lieu of stills, used for the purpose of distilling spirituous lias agents, af- quors, or who shall have such still or stills, or implements as aforeJune, 1816, to said, under his superintendence, either as agent for the owner, or on his own account, and for which a license extending beyond said day shall not have been previously obtained, and every person his deputy be who, having such license, shall, after its expiration, use, or intend to use, any still or stills, or implements as aforesaid, either

obtain a li

cense from the collector or

fore using

them.

do not exceed

with two sure

tioned for pay

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 If the duties 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- are to be paid in money; if plement for distilling spirits, shall not exceed twenty dollars; they exceed 20 and if they shall exceed twenty dollars, on such proprietor or dolls. a bond possessor executing and delivering to the collector, or to his de- ties may be puty as aforesaid, a bond, with two or more sureties, to the satis- taken, condifaction of such collector or deputy, conditioned for the payment ment in twelvo of said duties at the end of twelve months after the expiration months, &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 taken in the be prescribed by the treasury department. And if any person United States shall, after the said thirtieth day, of June next, use, or cause to be of America, as 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- Persons using der his superintendence, either as agent or otherwise, any still or stills, or keepstills, or other implements as aforesaid, which shall, after the said ing them in a day, have been used as aforesaid, without having a license there- use, after the 30th June, for as aforesaid, continuing in force for the whole time during 1816, without which the said still or stills, or implements as aforesaid, shall license, to forhave been thus used, or who shall keep, during any period for and pay douwhich a license has been granted to such person, any still or ble duties. 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 of this act; to be recovered with costs of suit.

name of the

the treasury

may prescribe.

situation for

feit 100 dolls.

ing beer, &c.

3. That if any person shall keep in or about his distillery Persons keepany beer or other liquor, prepared from grain, for the purpose of about their distillation, for more than eight days, during any time for which distilleries, such person shall not have obtained a license for distillation, he for more than shall forfeit and pay the sum of one hundred dollars for every 8 days with

such offence.

for distillation,

out license, forfeit 100

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

Periods for

which licenses may be grant

duties, on

stills employ

from domestic materials.

on stills

wholly em

Periods for

ed, and rate of

of payment as aforesaid, of the duties undermentioned, namely: For a still or stills employed in distilling spirits from domestic materials, for a license for the employment thereof for and dured and rate of ing the term of one week, four and a half cents for each gallon of the capacity of every such still, including the head thereof: ed in distilling for a licence for and during the term of two weeks, nine cents 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 half the duties paid upon each still employed wholly in the distillation of roots, but one half the rates of duties above mentioned, according to the ployed, &c. capacity of such still. For a still or stills employed in distilling which licenses spirits from foreign materials, for a license for the employment may be grant- thereof for and during the term of one month, twenty-three cents duties, for for each gallon of the capacity of every such still, including the stills employ head thereof; for a license for and during the term of two months, edding forty-six cents for each gallon of its capacity as aforesaid; for a distilling foreign 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 aforeLicenses for said. 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, and 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.

spirits from

materials.

boilers.

5. That it shall be the duty of the collectors, within their respective districts, to grant licenses for distilling, which licenses shall be marked with a mark denoting the rate of duty thereupon, and shall be signed by the commissioner of the revenue, and being countersigned by the collector who shall issue the same, or

cause the same to be issued, shall be granted to any person who the commisshall desire the same, upon application in writing, and upon pay- revenue, and ment, or securing of payment, as aforesaid, of the sum or duty countersigned payable by this act, upon each license requested.

sioner of the

by the collec

tor, &c.

license must

&c.

need not take

6. That the application in writing, to be made by any per- The 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 state the place still or stills, boiler or boiler, and whether intended to distil of distilling, spirituous liquors from foreign or domestic materials. And no Persons obperson having obtained a license in one collection district shall taining license be required to take out an additional license in another district in one district, 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- another, &c. ticulars, or who shall distil spirituous liquors from materials other ing false than those stated in the application aforesaid, as well as the statements, subject to a owner or superintendent of any distillery, still or stills, with re- fine of 150 dls. 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.

Persons mak

7. That every such collector, or his deputy duly authorized Collectors under his hand and seal, shall be authorized to enter, at any may enter and deputies time, any distillery, or place where any still, boiler, or other ves- distilleries for the purpose of sel used in distillation, are kept or used, within his collection inspecting, district, for the purpose of inspecting, examining, or measuring, &c. the same, and the other vessels therein. And every owner of Persons refus. such distillery, stills, or boilers or other vessels, or person hav- the officer to ing the care, superintendence, or management, of the same, who inspect, forfeit 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.

ing to admit

500 dolls,

June, 1816, at

to pay a pro

ties.

8. That, in cases in which a license for stills or boilers Persons hav▾ ing licenses may have been granted for their employment, according to the for a period present rates of duty, for a period extending beyond the thirtieth beyond 30th day of June, one thousand eight hundred and sixteen, the person present rates, to whom the same may have been granted or transferred, shall, portion of the on or before the said day, pay, or secure the payment, in manner additional du aforesaid, 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 endorsed by payment of which sum shall be endorsed by the collector on said the collector. licence. And if any still or boiler shall, after the said thirtieth Forfeit of 100 day of June, be employed in distilling spirituous liquors, without dolls. &c. for the additional duty having been previously paid, or secured as without payaforesaid, the owner, agent, or superintendent, thereof, shall for- ing the addi feit and pay the sum of one hundred dollars, together with double tional duty. the amount of the said additional duties.

using stills

sions of this

ployed.

9. That all the provisions of this act shall be deemed to The proviapply to any still or boiler, or other vessel used in distillation, act applicable which shall be employed in the rectification of spirituous liquors. to vessels em10. That any license heretofore or hereafter granted for em- A license to ploying a still, boiler, or other vessel, in distilling spirits from authorize disforeign materials, shall authorize the distilling spirits from do- &c. mestic materials also.

tilling from,