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(ACT of March 3d, 1819.)

the first fundamental article of the "act to incorporate the subscribers to the bank of the United States." And the said judges of elections or any one of them shall be authorized and empowered, in their discretion, or at the instance of any stockholder of the bank, to administer the said oath or affirmation to any person offering to vote at any such election.

25. SEC. II. No person shall be entitled to vote at any such election as attorney, proxy or agent, for any other person, copartnership, or body politic, without a power, for that purpose, being duly executed, in the presence of a witness, and filed in the bank, and on which power shall be endorsed the oath or affirmation of the person, or one of the copartners, or of the head, or some of the officers, of the body politic granting such power, in the words following: "I, do solemnly swear, (or affirm, as the case may be,) that I am (or that the copartnership, consisting of myself and are, or that the corporation known by the name of is, as the case may be,) truly, and in good faith, the owner (or owners, as the case may be,) of the shares in the capital stock of the bank of the United States, specified in the within power of attorney, and of no other shares; that no other person has any interest in the said shares, directly or indirectly, except as stated in the said power; and that no other power has been given to any person, which is now in force, to vote for me (or for the copartnership aforesaid, or for the body politic aforesaid, as the case may be,) at any election of directors of the said bank;" which oath or affirmation may be taken before a notary public, judge, or justice of the peace, and shall be certified by him.

26. SEC. III. If the judges of any election of directors, to be held as aforesaid, shall permit any person to give more than thirty votes, in the whole, at any such election, without the said person's having taken the aforesaid oath or affirmation, or shall suffer any person whatever to vote as attorney, agent, or proxy, for any other person, or for any copartnership, or body politic, without a power for that purpose, as prescribed in the foregoing section, with the oath or affirmation and certificate aforesaid; such of the said judges as shall consent thereto, shall severally be deemed guilty of a misdemeanor, and, on due conviction thereof, shall be subject to a fine not exceeding two thousand dollars, or to imprisonment not exceeding one year, at the discretion of the court before which such conviction shall be had. And if any person shall wilfully and absolutely swear or affirm falsely, in taking any oath or affirmation prescribed by this act, such person, so offending, shall, upon due conviction thereof, be subject to the pains and penalties which are by law prescribed for the punishment of wilful and corrupt perjury.

27. SEC. IV. If any person shall, directly or indirectly, give any sum or sums of money, or any other bribe, present, or reward, or any promise, contract, obligation, or security, for the payment or

(ACT of March 14th, 1820.)

delivery of any money, present, or reward, or any thing to obtain or procure the opinion, vote, or interest, of the president of the bank of the United States, or either of the directors thereof, or the president or a director of either of the branches of the said bank, in any election, question, matter, or thing, which shall come before the said president and directors for decision, in relation to the interest and management of the business of the said bank, and shall be thereof convicted; such person or persons, so giving, promising, contracting, or securing to be given, paid, or delivered, any sum or sums of money, present, reward, or other bribe, as aforesaid, and the president or director who shall, in any wise, accept or receive the same, on conviction thereof, shall be fined and imprisoned at the discretion of the court, and shall forever be disqualified to hold any office of trust or profit under the said corporation, and shall, also, forever be disqualified to hold any office of honour, trust, or profit, under the United States.

NOTES.

The (former) bank of the United States derived no authority from its charter, to sue in the courts of the United States. 5 Cranch, 62.

But a corporation composed of citizens of one state, may sue a citizen of another state, in the Federal courts. id. ib.

The act of April 10th 1816, "to incorporate the subscribers to the bank of the United States, is a law made in pursuance of the constitution. 4 Wheaton, 424. The bank of the United States, has constitutionally a right to establish its branches, or offices of discount and deposit within any state. id.

The state within which a branch of the bank of the United States may be established cannot without violating the constitution, tax that branch. id, 425.

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ACT of March 14th, 1820. Pamphlet edit, 22.

An act to provide for taking the fourth census, or enumeration of the inhabitants of the United States, and for other purposes.

1. SEC. 1. The marshals of the several districts of the United States, and of the district of Columbia, and of the territories of Missouri, Michigan, and Arkansas, respectively, shall be, and they are hereby, authorized and required, under the direction of the

(ACT of March 14th, 1820.)

secretary of state, and according to such instructions as he shall give, pursuant to this act, to cause the number of the inhabitants within their respective districts and territories to be taken, omitting, in such enumeration, Indians not taxed, and distinguishing free persons, including those bound to service for a term of years, from all others; distinguishing, also, the sexes and colors of free persons, and the free males under ten years of age; those of ten years and under sixteen; those of sixteen and under twenty-six; those of twenty-six and under forty-five; and those of forty-five and upwards; and, also, distinguishing free females under ten years of age; those of ten and under sixteen; those of sixteen and under twenty-six; those of twenty-six and under forty-five; and those of forty-five and upwards; and also distinguishing the number of persons engaged in agriculture, commerce, and manufactures, respectively. For effecting which, the marshals aforesaid shall have power, and they are hereby, respectively, authorized and required to appoint one or more assistants in each county and city, in their respective districts and territories, residents of the county and city for which they shall be appointed, and shall assign a certain division to each of the said assistants, which division shall not consist of more than one county or city, but may include one or more towns, townships, wards, hundreds, or parishes, plainly and distinctly bounded by water courses, mountains, public roads, or other monuments. And the said enumeration shall be made by an actual inquiry at every dwelling house, or of the head of every family, and not otherwise. The marshals and their assistants shall, respectively, take an oath or affirmation before some judge or justice of the peace, resident within their respective districts or territories, before they enter on the duties required by this act. The oath or affirmation of the marshal shall be as follows: I, A. B. marshal of the district of do solemnly swear, (or affirm,) that I will well and truly cause to be made a just and perfect enumeration and description of all persons resident within my district, (or territory,) and also an account of the manufactures, except household manufactures, and return the same to the secretary of state, agreeably to the directions of an act of congress, entitled "An act to provide for taking the fourth census or enumeration of the inhabitants of the United States, and for other purposes," according to the best of my ability. The oath or affirmation of an assistant shall be; I, A. B. do solemnly swear, (or affirm,) that I will make a just and perfect enumeration and description of all persons resident within the division assigned to me for that purpose, by the marshal of of the manufactures, except household manufactures, and make due return thereof to the said marshal, agreeably to the directions of an act of congress, entitled "An act to provide for taking the fourth census or enumeration of the inhabitants of the United States, and for other purposes," according to the best of my abili

-and also an account

(ACT of March 14th, 1820.)

ties. The enumeration shall commence on the first Monday of August, in the year one thousand eight hundred and twenty, and shall close within six calendar months thereafter. The several assistants shall, within the said six months, transmit to the marshals, by whom they shall respectively be appointed, accurate returns of all persons, except Indians not taxed, within their respective divisions; which returns shall be made in a schedule, distinguishing in each county, city, town, township, ward, or parish, the several families, by the names of their master, mistress, steward, overseer, or other principal person therein, in the manner following: The number of persons within my division, consisting of -, appears in a schedule hereto annexed, subscribed by me this day of in the year one thousand eight hundred and twenty. A. B. assistant to the marshal of

Schedule of the whole number of persons within the division allotted to A. B.

Name of the county, parish, township, town, or city, where the family resides.

Names of heads of families.

Free white males under ten years.

Free white males of ten and under sixteen.

Free white males between sixteen and eighteen.

Free white males of sixteen and under twenty-six, including heads of families.

Free white males of twenty-six, and under forty-five, including heads of families.

Free white males of forty-five, and upwards, including heads of families.

of

age.

Free white females under ten years
Free white females of ten, and under sixteen.

Free white females of sixteen, and under twenty-six, including heads of families.

Free white females of twenty-six, and under forty-five, including heads of families.

Free white females of forty-five, and upwards, including heads of families.

Foreigners not naturalized.

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Females of fourteen, and under twenty-six.

Females of twenty-six, and under forty-five.
Females of forty-five, and upwards.

(ACT of March 14th, 1820.)

FREE COLORED PERSONS.

Males under fourteen years.

Males of fourteen, and under twenty-six.
Males of twenty-six, and under forty-five.
Males of forty-five, and upwards.
Females under fourteen years.

Females of fourteen, and under twenty-six.
Females of twenty-six, and under forty-five.
Females of forty-five, and upwards.

All other persons, except Indians not taxed.

2. SEC. II. Every assistant, failing or neglecting to make a proper return, or making a false return, of the enumeration to the marshal, within the time limited by this act, shall forfeit the sum of two hundred dollars, recoverable in the manner pointed out in the next section of this act.

3. SEC. III. The marshals shall file the several returns aforesaid, and, also, an attested copy of the aggregate amount hereinafter directed, to be transmitted by them, respectively, to the secretary of state, with the clerks of their respective districts, or superior courts, (as the case may be,) who are hereby directed to receive, and carefully to preserve the same. And the marshals respectively, shall, on or before the first day of April, in the year one thousand eight hundred and twenty-one, transmit to the secretary of state the aggregate amount of each description of persons within their respective districts or territories. And every marshal failing to file the returns of his assistants, or the returns of any of them, with the clerks of the respective courts as aforesaid, or failing to return the aggregate amount of each description of persons in their respective districts or territories, as required by this act, and as the same shall appear from said returns, to the secretary of state, within the time limited by this act, shall, for every such offence, forfeit the sum of one thousand dollars; which forfeitures shall be recoverable in the courts of the districts or territories where the said offences shall be committed; or within the circuit courts held within the same, by action of debt, information, or indictment; the one half thereof to the use of the United States, and the other half to the informer; but where the prosecution shall be first instituted on behalf of the United States, the whole shall accrue to their use. And, for the more effectual discovery of such offences, the judges of the several district courts in the several districts, and of the supreme courts in the territories of the United States, as aforesaid, at their next session, to be held after the expiration of the time allowed for making the returns of the enumeration hereby directed, to the secretary of state, shall give this act in charge to the grand juries in their respective courts, and shall cause the returns of the several assistants, and the said at

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