authorized to anticipate the receipt of the new duties by CHAPTER a temporary loan from the bank. IV. The great object of this new tariff was revenue; 1792. yet, in selecting the particular subjects for increased taxation, an eye was evidently had throughout to the protection of American industry. The increased du ties on hemp and cordage, opposed by some of the mercantile representatives as injurious to the navigating interest, were defended by Madison and others as affording protection at once to manufactures and to agriculture. In the bill as originally reported, cotton had been added to the list of free articles, a provision supported by Ames and some of the Pennsylvania members on the ground that this article was needed by the manufacturers, and could only be obtained from abroad. But the old duty of three cents a pound was retained on the representations of Macon, Page, and others, as to the abundant produce and excellent quality of the Southern cotton, for which, as they alleged, no market could be found. At the same time with the increase of duties on imported spirits, alterations were made, at Hamilton's suggestion, in hopes of rendering the Excise Act more acceptable to those upon whom its first operation bore. The duties were diminished from one to seven cents per gallon, according to the strength and material-the highest duty being fixed at twenty-five cents, and the lowest at seven cents per gallon. Additional facilities were also allowed to the small country distillers, who were permitted to pay a monthly instead of a yearly rate upon the capacity of their stills, and to take out licenses for any periods they chose. Another bill, introduced into the Senate by Cabot, re-established the old system of bounties, to which the fishermen had been accustomed under the British gov CHAPTER ernment. IV. All vessels employed for the term of four months, at least, in each year in the Bank and other cod1792. fisheries, were entitled to a bounty varying from one dol lar to two dollars and a half per ton, according to their size, three eighths to go to the owners, and five eighths to the fishermen. This provision did not impose any new burden on the treasury, being only a substitute for the drawback of duties on the salt employed in curing the fish-a change agreeable to the fishermen and their immediate employers, who flattered themselves that this drawback would now come to them instead of going into the pockets of the exporting merchants. In this there was, no doubt, much of deception, since the exporters would now pay so much less for the fish. The national benefit of the fisheries as a nursery for seamen was urged as the chief argument for adopting the system of bounties. The pressure of the Indian war forced Congress to undertake an organization of the militia-a very difficult subject, as well on account of the conflicting claims as to authority on the part of the states and the general government, as by reason of obstacles to be encountered in establishing any system that should produce an effective force. The act, as passed, still remains, in spite of numerous attempts to amend it, the basis of the militia system of the United States, though very much modified as to its local operation by state laws on the same subject. It provided for a geographical arrangement of the militia by the state Legislatures into companies, battalions, regiments, brigades, and divisions; each company to consist of sixty-four men, each battalion of five companies, each regiment of two battalions, and each brigade of four regiments. There were to be a captain, lieutenant, and ensign for each company, a major for each bat IV. talion, a lieutenant-colonel commandant for each regi- CHAPTER ment, a brigadier general for each brigade, and a major. general for each division. The rank of lieutenant-colonel 1792. commandant, to the exclusion of colonels, had been introduced into the Revolutionary army for the avoidance of certain questions as to rank by which the exchange of prisoners had been embarrassed-a temporary arrangement long perpetuated, as well in the regular army as in the militia. In both services, however, the rank of colonel has been re-established. There was to be one company of light troops to each battalion, and at least one company of artillery and one of horse to each division, to be formed out of volunteers, and to be clad in uniform at their own expense. For the general superintendence of the whole system, each state was to appoint an adjutant general. Every able-bodied free white citizen within the ages of eighteen and forty-five, with certain exceptions, to which the states were at liberty to add, was to be enrolled in the militia by the captain of the company in whose bounds he might reside, and, on notice of his enrollment, was required to arm and equip himself, and to come forth so armed and equipped when called out to exercise or into service. As the amount of training to be required was left entirely at the discretion of the states, the efficiency of the whole system rested with them, and in different states was very different. This militia law, in fact, did nothing more than to adopt the system as it stood in each state, with some provisions merely for uniformity of organization. Another act authorized the president, in case of invasion by any foreign nation or Indian tribe, or imminent danger thereof, or in case of insurrection in any state, application being made by its Legislature or its execu IV. CHAPTER tive, to call forth the militia of the state or states most convenient to the scene of action, by orders issued to 1792. any militia officers at his discretion, and in such numbers as he might judge necessary. A similar power was also given, in case of combinations to resist the laws of the United States, too strong to be suppressed by the ordinary course of justice, such fact being first certified by the federal judge for the district, or by one of the judges of the Supreme Court of the United States. This provision for enforcing the laws of the United States was very warmly opposed by Page. Mild and equitable laws, such was his argument, never would be resisted; and, if laws were resisted, that alone was proof enough that they ought to be repealed. The act was limited to two years, but its provisions, slightly modified, were subsequently re-enacted, and still continue in force. One inducement to the passage of this act was the state of things in Western Pennsylvania, where the opposition to the excise laws was very violent, and even threatened to prove too strong for the civil authority. The hope of appeasing that opposition, which existed also, to a cer tain extent, in North Carolina, had led to the modifica tions in the Excise Act already noticed, and intended to remove all reasonable grounds of complaint. Upon a bill for the organization of the post-office system, the same difference of opinion arose which had defeated any organization of that department by the preceding Congress. The propriety of vesting in the president, or the postmaster general, authority to designate and establish post-roads, was urged on the ground of the better knowledge of the subject likely to be possessed by an officer whose whole attention was devoted to it, and free from those local influences to which members of Congress might be subjected. But in the act as passed, this IV. authority was reserved to Congress. A power, however, CHAPTER by way of compromise, was vested in the postmaster general to establish cross post-routes, the contractors un- 1792. dertaking to carry the mail for the postage. The postmaster general was also authorized to appoint his assistants and all deputy postmasters, and, after advertising for proposals, to make contracts for carrying the mail by stage-coaches or on horseback, as he might judge convenient; but the whole expenses of the department were to be paid out of the income. The postmaster general was to settle quarterly with his deputies, and himself as often with the Secretary of the Treasury. The postage was fixed at rates varying from six cents for distances of thirty miles or less, to twenty-five cents for distances of four hundred and fifty miles or over, with like amounts for each inclosure: rates persevered in for more than fifty years, till the danger of private competition led to more moderate charges. Newspapers were to pay one cent each for every hundred miles or less, and a cent and a half for greater distances. The franking privilege was given to members of Congress during the session and twenty days afterward; also to the principal executive officers. Wadsworth attempted to strike out this pro vision, but without success. Robbery of the mail, or embezzlement by any officer of the post of letters containing money or valuable papers, was made a capital offense; the opening, obtaining, or destroying other letters was made punishable by a fine of three thousand dollars and six months' imprisonment. The salary of the postmaster general was fixed at $2000. That office, upon the resignation of Osgood, had lately been conferred on Timothy Pickering. The deputy postmasters were to be paid as heretofore, by a commission on their receipts; but none were to receive : |