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Sec. 2. And be it further enacted, That the report and entry of such Under the usual ship or vessel, and of her cargo, or any part thereof, and all persons other countries. concerned therein, shall be under and subject to the same rules, regulations, restrictions, penalties and provisions, as if the said ship or vessel had arrived at the port of her destination, and had there proceeded to the delivery of her cargo.
APPROVED, January 7, 1791.
Jan. 10, 1791.
Chap. III.-An Act to continue an act intituled "An act duelaring the assent of
Congress to certain acts of the States of Maryland, Georgin, and Rhode Island and Providence Plantations,” so far as the same respects the States of Georgia and Rhode Island and Providence Plantations.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act passed the last session of Congress, intituled "An act declaring the assent of Congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations," shall be continued, and is hereby declared to be in full force, so far as the same respects the states of Georgia, and Rhode Island and Providence Plantations, for the farther term of one year, and from thence to the end of the then next session of Congress, and no longer.
APPROVED, January 10, 1791.
1792, ch. 10.
1790, ch. 43.
Feb. 4, 1791.
Chap. IV.-An Act declaring the consent of Congress, that a new State be formed
within the jurisdiction of the Commonwealth of Virginia, and admitied into this Union, by the name of the State of Kentucky.
WHEREAS the legislature of the commonwealth of Virginia, by an Recital. act entitled “An act concerning the erection of the district of Ken
the act of the letucky into an independent state," passed the eighteenth day of Decem- gislature of Vir. ber, one thousand seven hundred and eighty-nine, have consented, that ginia. the district of Kentucky, within the jurisdiction of the said commonwealth, and according to its actual boundaries at the time of passing the act aforesaid, should be formed into a new state: And whereas a convention of delegates, chosen by the people of the said district of Kentucky, have petitioned Congress to consent, that, on the first day of June, one thousand seven hundred and ninety-two, the said district should be formed into a new state, and received into the Union, by the name of " The State of Kentucky:"
Section 1. Be it enacted by the Senate and House of Representa Consent of tives of the United States of America in Congress assembled, and it is Congress that a
part of Virginia hereby enacted and declared, That the Congress doth consent, that the said district of Kentucky, within the jurisdiction of the commonwealth boundaries, of Virginia, and according to its actual boundaries, on the eighteenth shall become a
new state, June day of December, one thousand seven hundred and eighty-nine, shall,
1, 1792. upon the first day of June, one thousand seven hundred and ninety-two, be formed into a new State, separate from and independent of, the said commonwealth of Virginia.
Sec. 2. And be it further enacted and declared, That upon the afore- When and by said first day of June, one thousand seven hundred and ninety-two, the what, name adsaid new State, by the name and style of the State of Kentucky, shall Union. be received and admitted into this Union, as a new and entire member of the United States of America.
APPROVED, February 4, 1791.
of Maryland. [Expired.) Be it enacted by the Senate and House of Representatives of the Consent to an United States of America in Congress assembled, That the consent of act of Maryland.
Congress be, and is hereby granted and declared to the operation of an act of the General Assembly of Maryland, made and passed at a session begun and held at the city of Annapolis, on the first Monday in No vember last, intituled “An act to empower the wardens of the port
of Baltimore to levy and collect the duty therein mentioned,” until the Limitation. tenth day of January next, and from thence until the end of the then Act of March
next session of Congress, and no longer. 19, 1792.
APPROVED, February 9, 1791.
Feb. 11, 1791. CHAP. VI.-An Act making appropriations for the support of Government
during the year one thousand seven hundred and ninety-one, and for other [Expired.]
Be it enacted by the Senate and House of Representatives of the of money for, United States of America in Congress assembled, That there be apthe civil list;
propriated the several sums, and for the several purposes following, to wit: A sum not exceeding two hundred and ninety-nine thousand two hundred and seventy-six dollars and fifty-three cents, for defraying the expenses of the civil list, as estimated by the Secretary of the Treasury, in the statement, number one, accompanying his report to the House of Representatives of the sixth instant, including the contingencies of
the several executive officers, and of the two Houses of Congress, which certain specified are hereby authorized and granted: a sum not exceeding fifty thousand purposes ; seven hundred and fifty-six dollars and fifty-three cents, for satisfying
the several objects specified in the statement, number two, accompanying the report aforesaid, all such whereof, as may not have been heretofore provided for by law, being hereby authorized : and a sum not exceed
ing three hundred and ninety thousand one hundred and ninety-nine department of dollars and fifty-four cents, for the use of the department of war, purwar;
suant to the statement, number three, accompanying the report aforesaid, including therein the sum of one hundred thousand dollars, for defraying the expenses of an expedition lately carried on against certain Indian
tribes; and the sum of eighty-seven thousand four hundred and sixtypensions to in three dollars and sixty cents, being the amount of one year's pensions valids; and
to invalids, together with the contingencies of the said department,
which are hereby authorized: Which several sums shall be paid out of of what the funds following, namely, The sum of six hundred thousand dollars, funds payable.
which, by the act, intituled “ An act making provision for the debt of
the United States," is reserved yearly for the support of the government 1790, ch. 34. of the United States, and their common defence; the amount of such
surpluses as may remain in the treasury, after satisfying the purposes for
which appropriations were made, by the acts respectively, intituled “ An 1789, ch. 23. act making appropriations for the service of the present year," passed
the twenty-ninth day of September, one thousand seven hundred and
eighty-nine; “An act making appropriations for the support of govern1790, ch. 4. ment for the year one thousand seven hundred and ninety," passed the
twenty-sixth day of March, one thousand seven hundred and ninety; 1790, ch. 46. “An act making certain appropriations therein mentioned,” passed the
twelfth day of August, one thousand seven hundred and ninety, and the product, during the present year, of such duties as shall be laid in the present session of Congress.
APPROVED, February 11, 1791.
STATUTE III. CHAP. VII.-An Act for the admission of the State of Vermont into this
Feb. 18, 1791. Union. The state of Vermont having petitioned the Congress to be admitted State of Ver a member of the United States, Be it enacted by the Senate and House mont to be ad
mitted into the of Representatives of the United States of America in Congress assem
Union, 4th bled, and it is hereby enacted and declared, That on the fourth day of March, 1791. March, one thousand seven hundred and ninety-one, the said state, by the name and style of “The State of Vermont,” shall be received and admitted into this Union, as a new and entire member of the United States of America. APPROVED, February 18, 1791.
STATUTE III. Chap. VIII.-An Act to continue in force, for a limited time, an act passed at Feb. 18, 1791.
the first Session of Congress, intituled "An act to regulate processes in the Courts of the United States."(a)
(Repealed.) Be it enacted by the Senate and House of Representatives of the United 1792, ch. 36. States of America in Congress assembled, That an act passed on the
declared to be twenty-ninth day of September, in the year one thousand seven hun
in force till the dred and eighty-nine, intituled, “ An act to regulate processes in the end of next ses. courts of the United States," shall be, and the same hereby is continued sion of Conin force, until the end of the next session of Congress, and no longer.
1789, ch. 21. APPROVED, February 18, 1791.
STATUTE III. Chap. IX.-An Act regulating the number of Representatives to be chosen by the
Feb. 25, 1791. States of Kentucky and Vermont.
(Obsolete.) Be it enacted by the Senate and House of Representatives of the United Kentucky and
Vermont States of America in Congress assembled, That until the Representa
tled to two retives in Congress shall be apportioned according to an actual enumera
presentatives. tion of the inhabitants of the United States, the states of Kentucky and Act of April Vermont shall each be entiiled to choose two Representatives.
14, 1792, ch. 23. APPROVED, February 25, 1791.
STATUTE III. Chap. X.-An Act to incorporate the subscribers to the Bank of the United Feb. 25, 1791.
States.(6) WHEREAS it is conceived that the establishment of a bank for the [Expired.) United States, upon a foundation sufficiently extensive to answer the Preamble, purposes intended thereby, and at the same time upon the principles which afford adequate security for an upright and prudent administration thereof, will be very conducive to the successful conducting of the national finances; will tend to give facility to the obtaining of loans, for the use of the government, in sudden emergencies; and will be productive of considerable advantages to trade and industry in general : Therefore, SECTION 1. Be it enacted by the Senate and House of Representatives
of a Bank of the of the United States of America in Congress assembled, That a bank u. States, and of the United States shall be established; the capital stock whereof shall amount and di.
vision not exceed ten millions of dollars, divided into twenty-five thousand
stock, and time shares, each share being four hundred dollars; and that subscriptions, of subscribing.
(a) Act of September 29, 1789; act of May 8, 1792, chap. 36, sec. 8.
(b) The acts relating to a Bank of the United States' in addition to this act, have been: Act of March 2, 1791, chap. 11; act of June 27, 1798; act of March 23, 1804.
Authorizing the establishing of offices of discount and deposit in any of the territories of the United States: Act of March 23, 1804. See acts, 1812, chap. 43; act of April 10, 1816; act of March 3, 1817; act of March 3, 1819; act of April 11, 1836; aci of April 20, 1936; act of June 15, 1836; act of June 23, 1836; resolution March 3, 1837.
towards constituting the said stock, shall, on the first Monday of April next, be opened at the city of Philadelphia, under the superintendence of such persons, not less than three, as shall be appointed for that pur
pose by the President of the United States (who is hereby empowered Act of March to appoint the said persons accordingly); which subscriptions shall 2, 1791, ch. 11.
continue open, until the whole of the said stock shall have been sub
scribed.(a) By whom to Sec. 2. And be it further enacted, That it shall be lawful for any be subscribed.
person, co-partnership, or body politic, to subscribe for such or so many shares, as he, she, or they shall think fit, not exceeding one thousand,
except as shall be hereafter directed relatively to the United States; and Proportions of that the sums, respectively subscribed, except on behalf of the United gold and silver States, shall be payable one fourth in gold and silver, and three fourths debt to be sub. in that part of the public debt, which, according to the loan proposed scribed, and in the fourth and fifteenth sections of the act, entitled “An act making
provision for the debt of the United States,” shall bear an accruing interest, at the time of payment, of six per centum per annum, and shall
also be payable in four equal parts, in the aforesaid ratio of specie to when to be paid. debt, at the distance of six calendar months from each other; the first
whereof shall be paid at the time of subscription. Subscribers to SEC. 3. And he it further enacted, That all those, who shall become be a body po- subscribers to the said bank, their successors and assigns, shall be, and litic.
are hereby created and made a corporation and body politic, by the By what name name and style of The President, Directors and Company, of the Bank and how long to of the United States; and shall so continue, until the fourth day of continue,
March, one thousand eight hundred and eleven: And by that name,
shall be, and are hereby made able and capable in law, to have, purPowers. chase, receive, possess, enjoy, and retain to them and their successors,
lands, rents, tenements, hereditaments, goods, chattels and effects of what
kind, nature or quality soever, to an amount, not exceeding in the whole Limitation of fifteen millions of dollars, including the amount of the capital stock stock.
aforesaid; and the same to sell, grant, demise, aliene or dispose of; to súe and be sued, plead and be impleaded, answer and be answered, de
fend and be defended, in courts of record, or any other place whatsoTo have a seal, ever : And also to make, have, and use a common seal, and the same to
break, alter and renew, at their pleasure; and also to ordain, establish, and establish and put in execution, such by-laws, ordinances and regulations, as shall by-laws.
seem necessary and convenient for the government of the said corporation, not being contrary to law, or to the constitution thereof (for which purpose, general meetings of the stockholders shall and may be called by the directors, and in the manner herein after specified), and generally to do and execute all and singular acts, matters and things, which to them it shall or may appertain to do; subject nevertheless to the rules, regulations, restrictions, limitations and provisions herein after prescribed and
declared. Number, and Sec. 4. And be it further enacted, That, for the well ordering of time of electing the affairs of the said corporation, there shall be twenty-five directors; directors.
of whom there shall be an election on the first Monday of January in each year, by the stockholders or proprietors of the capital stock of the said corporation, and by plurality of the votes actually given; and those who shall be duly chosen at any election, shall be capable of serving as directors, by virtue of such choice, until the end or expiration of the
(a) Congress has power to incorporate a bank; and the act of April 10. 1816, to incorporate the subscribers to the Bank of the United States, is a law made in pursuance of the constitution. M*Culloch v. The State of Maryland, 4 Wheat, 316; 4 Cond. Rep. 466.
The Bank of the United States has constitutionally a right to establish branches or offices of discount and deposit within any state. Ibid.
A state cannot tax ihe Bank of the United States, and any attempt by the officers or courts of the state to entorce a law laying a tax upon the property of the Bank, may be restrained by injunction. Os. born v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741.
Monday of January next ensuing the time of such election, and no
Sec. 5. Provided always, and be it further enacted, That, as soon as Proviso.
Sec. 6. And be it further enacted, That the directors for the time being shall have power to appoint such officers, clerks, and servants appoint officers, under them, as shall be necessary for executing the business of the said corporation, and to allow them such compensation, for their services respectively, as shall be reasonable; and shall be capable of exercising such other powers and authorities, for the well governing and ordering of the affairs of the said corporation, as shall be described, fixed, and determined by the laws, regulations, and ordinances of the same.
Sec. 7. And be it further enacted, That the following rules, restrictions, limitations and provisions, shall form and be fundamental articles constitution. of the constitution of the said corporation, viz.
I. The number of votes to which each stockholder shall be entitled, shall be according to the number of shares he shall hold, in the propor- what proportion tions following: That is to say, for one share, and not more than two to sum subscribshares, one vote : for every two shares above two, and not exceeding ed, and ten, one vote: for every four shares above ten, and not exceeding thirty, one vote: for every six shares above thirty, and not exceeding sixty, one vote: for every eight shares above sixty, and not exceeding one hundred, one vote: and for every ten shares above one hundred, one vote :—But no person, co-partnership, or body politic shall be entitled to a greater number than thirty votes.
And after the first election, no share or shares shall confer a right of suffrage, which shall not have been holden three calendar months previous to the day of election. Stockholders in certain cases actually resident within the United States, and none other, may vote in may vote by
proxy. II. Not more than three fourths of the directors in office, exclusive of
III. None but a stockholder, being a citizen of the United States, who as direc-
elections by proxy: