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pay, rank and emoluments of a major; two assistant engineers, with the pay, rank and emoluments of captains; two other assistant engineers, with the pay, rank and emoluments of first lieutenants; two other assistant engineers, with the pay, rank and emoluments of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: And the president of the united states is, in like manner, authorized, when he shall deem it proper, to make such promotions in the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant-colonel, two majors, four captains, four first lieutenants, four second lieutenants, and so as that the number of the whole corps shall, at no time, exceed twenty officers and cadets.
S1. SECT. XXVII. The said corps when so organized, shall be stationed at West-Point, in the state of New-York, and shall constitute a military academy; and the engineers, assistant engineers, and cadets of the said corps, shall be subject, at all times, to do duty in such places, and on such service, as the president of the united states shall direct. 32. SECT. XXVIII. The principal engineer, and in his absence the next in rank, shall have the superintendance of the said military academy, under the direction of the president of the united states; and the secretary of war is hereby authorized, at the public expense, under such regulations as shall be directed by the president of the united states, to procure the necessary books, implements and apparatus for the use and benefit of the said institution.
SECT. XXIX. Repeals so much of any act or acts, now in force, as comes within the purview of this act, saving, nevertheless, such parts thereof, as relate to the inlistments or term of service of any of the troops, which, by this act, are continued on the present military establishment of the united states.
[See Indian Nations, intercourse with, 26, 27. War, Department of. Quarantine 1. Western Lands 1 to 10.]
ACT of April 2, 1794. (Vol. III. p. 28.)
1. SECT. I. For the safe-keeping of the military stores, there shall be established under the direction of the president of the united states, three or four arsenals with magazines, as he shall judge most expedient, in such places, as will best accommodate the different parts of the united states. Either or both of the arsenals heretofore used at Spring
field and Carlisle, to be continued as part of the said number, at his discretion: Provided, That none of the said arsenals be erected, until purchases of the land necessary for their accommodation be made with the consent of the legislature of the state, in which the same is intended to be erected. [See postea 7.]
2. SECT. II. There shall be established, at each of the aforesaid arsenals, a national armory, in which shall be employed one superintendant, and one master armorer (who shall be appointed by the president of the united states) and as many workmen, as the secretary for the department of war shall, from time to time deem necessary, so that the whole number, at all the armories, shall not exceed one hundred. And the said superintendants shall each receive, as a compensation, seventy dollars per month, and the said master armorers each, fifty dollars per month. [See postea 9.]
3. SECT. III. There shall be employed an officer, whose duty it shall be (under the direction of the department of war) to superintend the receiving, safe-keeping and distribution of the military-stores of the united states, and to call to account all persons to whom the same may be intrusted; he shall receive for his compensation, at the rate of one hundred and twenty-five dollars per month, and shall be appointed by the president of the united states.
4. SECT. IV. A sum not exceeding fifty-nine thousand dollars is appropriated for the erecting and repairing of the arsenals and maga zines aforesaid, and a sum not exceeding twenty-two thousand eight hundred and sixty-five dollars, for defraying the expense of the national armories, for one year; and the further sum of three hundred and forty thousand dollars, to be applied, under the direction of the president of the united states, in the purchase of arms, ammunition and military stores; which said several sums shall be paid out of the duties on imports and tonnage, to the end of the present year. [See postcu 6.]
5. SECT. V. An annual account of the expenses of the national armories shall be laid before the legislature of the united states, together with an account of the arms made and repaired therein. [See postea 7.] ACT of May 4, 1798. (Vol. IV. p. 104.)
6. SECT. I. A sum not exceeding eight hundred thousand dollars, shall be, and hereby is appropriated, and shall and may be paid out of any monies not before appropriated, under the direction of the presi dent of the united states, to purchase, as soon as may be, a sufficient number of cannon, also a supply of small arms, and of ammunition and military stores, to be deposited, and used, as will be most conducive to the public safety and defence, at the discretion of the president of the united states. [See 4 and 8.]
7. SECT. II. The president of the united states shall be, and he is hereby authorized, in case he shall find it impracticable to procure by purchase, with certainty and dispatch, proportionate to the necessities of the public service, the cannon and arms hereby required, and any considerable part thereof shall be likely to be deficient, to take, by lease,
* See "Return of ordnance, arms, &c." in Appendix, page 144.
for a term of years, or by sale in fee, to the united states, one or more suitable place or places, where cannon or small arms may be advantageously cast or manufactured, and shall and may there establish founderies and armories for the manufacture of the same, respectively, and shall cause suitable artisans and laborers to be there employed for account of the united states; and shall and may appoint one or more persons to superintend the said works, under the direction of the department of war. And an account of the expenditures which shall be incurred in forming and employing these establishments, and of the cannon and arms which shall be cast and manufactured therein respectively, shall be laid before the congress of the united states at their next session, and annually thereafter, so long as the same shall be continued. [See antea 1.]
8. SECT. III. The sum of one hundred thousand dollars shall be and hereby is appropriated, and shall be paid out of any monies not before appropriated, for the hire, purchase and employ of the said founderies and armories, respectively, in case such establishments shall be found necessary, as herein before provided..
ACT of May 7, 1800. (Vol. V. 147.)
9. SECT. I. The several officers who now are, or hereafter may be employed in the armories of the united states, shall be entitled to, and shall receive the following compensations, in addition to their pay as established by law, to wit: A superintendant of such armory three rations per day, or an equivalent in money; and a master armorer two rations per day, or an equivalent in money. [See antea 2. Army 10.] 10. SECT. II. If any person shall procure, or entice any artificer or workman, retained or employed in any arsenal or armory of the united states, to depart from the same during the continuance of his engagement, or avoid or break his contract with the united states, or who after due notice of the engagement of any such workman or armorer, in any arsenal or armory, shall, during the continuance of such engagement, retain, hire, or in any wise employ, harbor, or conceal such artificer or workman, the person so offending shall upon conviction, be fined at the discretion of the court not exceeding fifty dollars, or be imprisoned for any term not exceeding three months.
11. SECT. III. If any artificer or workman hired, retained, or employed in any public arsenal or armory, shall, wantonly and carelessly, break, impair, or destroy any implements, tools, or utensils, or any stock, or materials for making guns, the property of the united states; or shall wilfully and obstinately refuse to perform the services lawfully assigned to him, pursuant to his contract, every such person shall forfeit a sum not exceeding twenty dollars for every such act of disobedience or breach of contract, to be recovered in any court having competent jurisdiction thereof.
12. SECT. IV. All artificers and workmen, who are or shall be employed in the said armories, shall be, and they are hereby exempted, during their time of service, from all military service, and service as jurors in any court.
ACT of February 25, 1791.
(Vol. I. p. 283.)
1. SECT. I. A bank of the united states shall be established; the capital stock whereof shall not exceed ten millions of dollars, divided into twenty-five thousand shares, each share being four hundred dollars.
SECT. II. Is temporary.
2. SECT. III. 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 stile 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, 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
3. SECT. IV. For the well ordering of the affairs of the said corporation, there shall be twenty-five 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 Monday of January next ensuing the time of such election, and no longer. And the said directors, at their first meeting after each election, shall choose one of their number as president.
4. SECT. V. In case it should at any time happen, that an election of directors should not be made upon any day when pursuant to this act it ought to have been made, the said corporation shall not for that cause, be deemed 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. Provided, That, in case of the death, resignation, absence from the united states, or removal of a director by the stockholders, his place may be filled up, by a new choice, for the remainder of the year.
5. SECT. VI. The directors for the time being shall have power to appoint such officers, clerks, and servants 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.
6. SECT. VII. The following rules, restrictions, limitations and provisions, shall form and be fundamental articles 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 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 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 actually resident within the united states, and none other, may vote in elections by proxy.
II. Not more than three fourths of the directors in office, exclusive of the president, shall be eligible for the next succeeding year: But the director, who shall be president at the time of an election, may always be re-elected.
III. None but a stockholder, being a citizen of the united states, shall be eligible as a director.
IV. No director shall be entitled to any emolument, unless the same shall have been allowed by the stockholders at a general meeting. The stockholders shall make such compensation to the president, for his extraordinary attendance at the bank, as shall appear to them reasonable.
V. Not less than seven directors shall constitute a board for the transaction of business, of whom, the president shall always be one, except in case of sickness, or necessary absence; in which case his place may be supplied by any other director, whom he, by writing, under his hand, shall nominate for the purpose.