ACTS OF THE FIRST CONGRESS OF THE UNITED STATES: Passed at the third session, which was begun and held at the city of GEORGE WASHINGTON, President. JOHN ADAMS, Vice president, CHAP. 75. [1.] An act supplementary to the act, entitled "An act making fur- Obsolete. ther provision for the payment of the debts of the United States." lection of du Whereas no express provision has been made for extending the act, entitled "An act to provide more effectually for the collection of the duties imposed by law on goods, wares, and merchandise, imported into the United States, and on the tonnage of ships or vessels," to the collection of the duties imposed by the said "Act making further provision for the payment of the Vol. i. p. 117, debts of the United States," doubts concerning the same may 159. arise: Therefore, Be it enacted, &c. That the act, entitled "An Provisions of act to provide more effectually for the collection of the duties the act for colimposed by law on goods, wares, and merchandise, imported ties, extended into the United States, and on the tonnage of ships or vessels," to the act makdoth and shall extend to, and be in force for the collection of, the ing further duties specified and laid in and by the act, entitled "An act mak- the payment ing further provision for the payment of the debts of the United of the debts of States," as fully and effectually as if every regulation, restriction, the U. States. penalty, provision, clause, matter, and thing, therein contained, had been inserted in, and re-enacted by, the act last aforesaid. [Approved, December 27, 1790.] provision for CHAP. 76. [2.] An act to provide for the unlading of ships or vessels, in cases of Obsolete. obstruction by ice. Whereas it sometimes happens that ships or vessels are obstruct- Vessels obed, by ice, in their passage to the ports of their destination, and structed by ice, &c. it is necessary that provision should be made for unlading such i. p. 652. ships or vessels: Vol. ice, collector may receive entry, and permit unlad § 1. Be it enacted, &c. That in all cases where a ship or vessel In cases of ob. shall be prevented by ice from getting to the port at which her struction by cargo is intended to be delivered, it shall be lawful for the collector of the district, in which such ship or vessel may be so obstructed, to receive the report and entry of any such ship or vessel, and, with the consent of the naval officer, (where there is one,) to grant a permit or permits for unlading or landing the goods, ing at any place within his district. Reference to an act of the legislature of Virginia, assenting to the erection of Kentucky into a state, &c. wares, or merchandise, imported in such ship or vessel, at any place within his district, which shall appear to him to be most convenient and proper. § 2. That the report and entry of such ship or vessel, and of her cargo, or any part thereof, and all persons 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.] CHAP. 77. [3.] An act to continue an act, entitled "An act declaring the assent of congress to certain acts of the states of Maryland, Georgia, and Rhode Island and Providence Plantations," so far as the same respects the states of Georgia and Rhode Island and Providence Plantations. § 1. Be it enacted, &c. That the act, passed the last session of congress, entitled "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.] CHAP. 78. [4.] An act declaring the consent of congress, that a new state be formed within the jurisdiction of the commonwealth of Virginia, and admitted into this union, by the name of the state of Kentucky. Whereas the legislature of the commonwealth of Virginia, by an act, entitled "An act concerning the erection of the district of Kentucky, into an independent state," passed the eighteenth day of December, one thousand seven hundred and eighty-nine, have consented that 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 Congress peti- formed into a new state: And whereas a convention of delegates, tioned to con- 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 :" sent, &c. Congress consent that Ken tucky shall be come a state on the 1st § 1. Be it enacted, &c. That the congress doth consent that the said district of Kentucky, within the jurisdiction of the commonwealth of Virginia, and according to its actual boundaries on the eighteenth day of December, one thousand seven hundred June, 1792,&c. and eighty-nine, shall, 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. And be admit ted into the Union, &c. § 2. That upon the aforesaid first day of June, one thousand seven hundred and ninety-two, the said new state, by the name and style of the state of Kentucky, shall be received and admit ted into this union, as a new and entire member of the United States of America. [Approved, February 4, 1791.] CHAP. 79. [5.] An act declaring the consent of congress to a certain act of the Expired. state of Maryland. § 1. Be it enacted, &c. That the consent of congress be, and Consent of is hereby, granted and declared to the operation of an act of congress to the act of Marythe general assembly of Maryland, made and passed at a session, land herein begun and held at the city of Annapolis, on the first Monday in mentioned. November last, entitled "An act to empower the wardens of the See act of port of Baltimore to levy and collect the duty therein mentioned," until the tenth day of January next, and from thence until the end of the then next session of congress, and no longer. [Approved, February 9, 1791.] CHAP. 81. [7.] An act for the admission of the state of Vermont into this Union. on 1792, ch. 10. Vermont has petitioned, &c. Admitted on the 4th March, The state of Vermont having petitioned the congress to be admitted a member of the United States, Be it enacted, &c. That the fourth day of March, one thousand seven hundred and ninety-one, the said state, by the name and style of "the state of 1791, &c. 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.] CHAP. 82. [8.] An act to continue in force, for a limited time, an act passed at the Repealed. first session of congress, entitled "An act to regulate processes in the courts of Vol. i. p. 67, the United States. 257. declared to be § 1. Be it enacted, &c. That an act, passed on the twenty-ninth The act hereday of September, in the year one thousand seven hundred and in referred to, eighty-nine, entitled "An act to regulate processes in the courts in force, until of the United States," shall be, and the same hereby is, continu- the 8th of ed in force, until the end of the next session of congress, and no May, 1792. longer. [Approved, February 18, 1791.] CHAP. 83. [9.] An act regulating the number of representatives to be chosen by Obsolete. the states of Kentucky and Vermont. Vol. i. p. 235. § 1. Be it enacted, &c. That until the representives in con- Until appor gress shall be apportioned according to an actual enumeration tionment upon of the inhabitants of the United States, the states of Kentucky census, Verand Vermont shall, each, be entitled to choose two representa- Kentucky entives. [Approved, February 25, 1791.] titled to two representa mont and CHAP. 84. [10] An act to incorporate the subscribers to the bank of the United tives each. States. Whereas it is conceived that the establishment of a bank for the United States, upon a foundation sufficiently extensive to answer the 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, VOL. I. 22 Expired. A bank for the conducive to the successful conducting of finances, &c. Vol. i. p. 175,518. Vol. ii. p. 923,1048, 1213 Vol. iii. 1547, 1736. Vol. iv. p. 2425, 2433, the national 2441, 2450, 2556. Bank to be es- § 1. Be it enacted, &c. That a bank of the United States shall tablished. be established; the capital stock whereof shall not exceed ten Capital ten millions, &c. millions of dollars, divided into twenty-five thousand shares, each share being four hundred dollars; and that subscriptions, 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 apPresident to pointed for that purpose, by the president of the United States, appoint per(who is hereby empowered to appoint the said persons accordsubscriptions, ingly) which subscriptions shall continue open until the whole of the said stock shall have been subscribed. sonss toreceive &c. What persons 2. That it shall be lawful for any person, copartnership, or may lawfully body politic, to subscribe for such or so many shares as he, she, subscribe, &c. or they, shall think fit, not exceeding one thousand, except as shall be hereafter directed relatively to the United States; and that the sums, respectively subscribed, except on behalf of the Proportions, of United States, shall be payable, one fourth in gold and silver, gold and sil- and three-fourths in that part of the public debt which, accordver, and of the public ing to the loan proposed in the fourth and fifteenth sections of debt, payable the act, entitled "An act making provision for the debt of the on subscrip- United States," shall bear an accruing interest, at the time of tion, &c. payment, of six per centum per annum, and shall also be payable in four equal parts, in the aforesaid ratio of specie to debt, at the distance of six calendar months from each other; the first whereof shall be paid at the time of subscription. Subscribers to To continue till the 4th March, 1811. Powers and liabilities. Limitation of property. § 3. That all those who shall become subscribers to the said bank, their successors and assigns, shall be, and are hereby, created and made a corporation and body politic, by the name and style of The president, directors, and company, of the bank of the United States; and shall so continue until the fourth day of March, one thousand eight hundred and eleven: And by that name shall be, and are hereby, made able and capable, in law, to have, purchase, 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, fifteen millions of dollars, including the amount of the capital stock aforesaid; and the same to sell, grant, demise, alien or dispose of; to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in courts of record, or any other place whatsoever: 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 put in execution, such bye laws, bye laws, &c. ordinances and regulations, as shall 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 hereinafter 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, hereinafter prescribed and declared. To make a seal, &c, To establish § 4. That for the well ordering of the affairs of the said cor poration, there shall be twenty-five directors; of whom there Twenty-five shall be an election on the first Monday of January in each year, their election, directors; by the stockholders or proprietors of the capital stock of the &c. 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 Monday of January next ensuing the time of such election, and no longer. And the said directors, at Choice of pretheir first meeting after each election, shall choose one of their sident. number as president. ceed to elec rectors, 5. That as soon as the sum of four hundred thousand dol- Proviso ; as to notice, on relars, in gold and silver, shall have been actually received on ac- ceipt of count of the subscriptions to the said stock, notice thereof shall 400,000 dolls. be given, by the persons under whose superintendence the same in shall have been made, in at least two public gazettes printed in silver, to prothe city of Philadelphia; and the said persons shall, at the same tion, &c. time, in like manner, notify a time and place, within the said city, at the distance of ninety days from the time of such notification, for proceeding to the election of directors; and it shall be lawful for such election to be then and there made; and the persons who shall then and there be chosen, shall be the first di- The first directors, and shall be capable of serving, by virtue of such choice, until the end or expiration of the Monday in January next ensuing the time of making the same, and shall forthwith thereafter Bank to comcommence the operations of the said bank, at the said city of mence operaPhiladelphia. And provided further, That in case it should at any Proviso; as time happen, that an election of directors should not be made to failure in upon any day, when, pursuant to this act, it ought to have been choosing di made, the said corporation shall not, for that cause, be deemed rectors, &c. to be dissolved; but it shall be lawful, on any other day, to hold and make an election of directors, in such manner as shall have been regulated by the laws and ordinances of the said corporation. And provided lastly, That in case of the death, resignation, New choice in absence from the United States, or removal of a director by the case of vastockholders, his place may be filled up, by a new choice, for the cancy. remainder of the year. tions. § 6. That the directors for the time being, shall have power Directors em to appoint such officers, clerks, and servants, under them, as shall powered to be necessary for executing the business of the said corporation, cers, &c. appoint offi. 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. 7. That the following rules, restrictions, limitations, and Fundamental provisions, shall form and be fundamental articles of the consti- articles of the tution of the said corporation, viz. corporation. 1. The number of votes to which each stockholder shall be Votes, accordentitled, shall be according to the number of shares he shall ing to shares. hold, in the proportions following, that is to say: For one share, and not more than two shares, one vote: For every two shares above two, and not exceeding ten, one vote: For every four |