VOL. 6--NO. 48.] TUE GARLAND. With sweetest flowers enrich'd, From various gardens cultic' with care." FINN TDB NEW YORK MIIIOOII. TaE wry ETING. OW MISS ELIZAIIeTH DOGABT. YET once agnin we met! And thou wert still unaltered—and my heart Forgave the world its fickleness, su which Thou hadst no part. AO I forgot that thou couldst never be More than a thought—a memory to me! It !noticed not. Life's joys .Ate, ball of hope and hallo( memory, mailer, XitQ,lrt dreams--and happiness itself Is but a shade. Before us ever in the distant vicw— We grasp it not, however we pursue. . And yet to meet thee thus, After long mouths of absence, and to see Thy smile the same, and feel that time had wrought No change in thee, Were something more than those unreal things, Which hope oft promises and memory brings. Thy voice fell on my heart, With its first charm unbroken by the years, Whose course have I ink'd a few ,brief,scattcr'd smiles, ' With many tears! Smiles which have shone on thee—and tears that fell Full often after bidding thec farewell ! And we have parted, now! Thou to sail lightly on, with fortune's tide, With hope's bright colors spread before thy view— And I to chide The lingering moments. with but memory's power To cheer the gloom of each succeediug hour. Such—such is destiny! The star is changed beneath whose light we met, Or 'twas thy star. not mine—and it were well Could I forget. • For all things bright and happy cling to thee, And thus divide thee farther yet from mu! And though we meet again, And though thy smile be sweet, thy voice be kind, The distance will between us still remain, Which fate designed. And thou and I a separate path must tread, [spread! Thy way through sunbeams-411W, with clouds o'er- THE REPOSITORY. It .i..1a.11.1.1bit.y.a.1 (DV THE AUTHOR OP "JAPHET."I CIIAPTKR IV.-PORTLAND DILL. The Happy.go lucky sailed with a fresh breeze and a flowing sheet from St. Makes, the evening before the Arrow mailed from Barn Pool. The Active sailed from Portsmouth the morning after. The yacht, as we before observed, was bound to Cowes, in the Isle of Wight. The Active had or. .to cruise wherever sho pleased within the limits of the admiral's station; and sho ran for West Bay, on the other side of the Bill of Port land. The Happy go lucky was also bound for that bay, to land her cargo. . The wind was light, and there was every ap• pearance of fine weather, when the Happy-go lucky, at 10 o'clock on the Tuesday night, made the Portland lights; its it was impossible to run bar cargo that flight, oho hove to. At 11 o'clock, tho Portland lights wore made by the revenue cutter, Active. Mr. Appleboy wont up to have look at them, ordered the cutter to be hove to, and then went down to finish his al lowance of gin-toddy. At 12 o'clock yacht Ar row made the Portland lights, and continued her course, hardly stemming the ebb-lido. Day broke. and the horizon was clear. The first on the look out were, of course, the smug glers; they, and those on board of the revenue cut. ter, were the only two interested parties—the yacht was neuter. "There are two cutters in sight, sir," said Cot. belt, who had the watch; fur Pickersgill, having been up almost the whole night, had thrown him self down on his bed with his clothes on. "What do they look like?" eaid Pickersgill, who was up in a momenL "One is a yacht, and the other may be; but 1 ratho: think, as tar as I can judge in the gray, that it is our old friend off here." "What! old Appldboy?" "Yea. it looks like him; hut the day has scarce ly broke yet." "Well, ho can do nothing in a light wind like tbis• ' and, before the wind, we can show him our heels: but ere you sure the other is a yacht?" said Piekersgill, coming on the deck. "Yes; the king is more careful of his canvass." "You're right," said Pickorsgill, "that is a yacht: and you're right there again in your mut —that is the stupid old Active, which creeps about creeping for tubs. We11,.1 see nothing to -alarm us at present, provided it don't fall a dead calm, and then wo must take to our boat as soon as he takes to his; we are four miles from him at least. Watch his motions, Cot tvt, and see it he towers a boat. What does she go now? four miles, that will soon tiro their men." The positions of the three cutters were as fol lows:— Tho Happy.golucky was about four miles off Portland Head, and well into West Day. The revenue cutter was close to tho Hoed. The yucht was outside of the smuggler about two miles to the westward, end about five or six miles from tho revenue cutter. •'Two vessels in sight, sir," said Mr. Smith, coming down into the cabin to Mr. Applebny. "Very well," replied the lieutenant, who was kink down in his standing bed place. • "The people say one is dm Happy•go lucky, sir," drawled Smith. • "Heh? what! Happy•go-lucky? yes, I recol. sect; I've boarded her twenty .times—always empty. How's she standing?" "She stands to the weidward now, sir; but she was hove to, they say, when they rst saw her." "Then she has a cargo in her;" and Mr. AP. pleboy shaved himself, dressed, and went on deck. "Yes," said the ,lieutenant, rubbing his eyes again and again, and then looking through the glass, "It is her sure enough. Lot draw the fore sheet—hands make sail.' NVhut vessel's the oth. en?" "Don't know, sir,—she's a cutter." • "A cutterl yes; may be a yacht, or may ho the new cutler ordered on the steunn. Make all sail, Mr. Tamltins; hoist our pendant, and fire a gun— they will understand what wo mean then; they don't know the Elappy.go lucky as well as wo do." In a few minuteslbe Active was under a press of Bei!: she heisted per pendant, and fired a gun. Tho smuggler perceived that the . Active had re. cognised (mould she also throw out more canvass, and ran off more to the tveotward. "There's a gun, sir," reported one of di e men to Mr. Stewart, on board . of the yaCht. "Yes; give me the glass—a revenue cutter-- then this vessel in shore, running towards us,must be a smuggler." "She has just now made nil sail, sir." I.Yes; there's no doubt of it; I will go down to his lordshipHreep her as she goes." Mr. Stewart then went dawn to inform Lord. B. of the circumstance. Not only Lord 8., but most of the gentlemen came on dock; as did soon after. wards the ladies,' who had received the intelli gence from Lord 8., who spoke to thorn through the door of the cabin. But the smuggler had more mind then the rev_ epuo cutter, and increased her distance. "I WISH NO OTHER HERALD, NO OTHER SPEAKER OF MT LIVING ACTIONS, TO KEEP MINE HONOR FROM CORRUPTION."-SITARS. "It we were to wear round now, my lord," ob served Mr. Stewart, "she is just abreast of us and in shore, we could prevent hor escape." "Round with her, Mr. Stewart," said Lord 8., "we must do our duty, and protect the laws." "That will not be fair, papa," said Cecilia Os aulton, "we have no quarrel with the smugglers; I'm sure the ladies have not, for they bring us beautiful things." "Miss Ossulton," observed her aunt, "it is not proper for you to offer an opinion." The yacht wore round, and, sailing so fast. the smuggler had little chance of escaping her; but to chase is one thing—to capture, another. "Let us give her a gun," said Lord 8., "that will frighten her; and he dare not cross our hawse." The gun was loaded, end not being more than a mile from the smuggler, actually threw the ball almost a quarter of the way. The gentlemen as well as Lord 8., were equally excited by the ardour of pursuit; but the wind dien away,and at last it was nearly calm. The revenue cutter's boats were out, and coming up fast. "Let be get our boat out, Stewart," said his lordship; "and help them, it is quite calm now." The boat was soon out: it was a very large ono; usually stowed on, and occupied a large portion of, the deck. It pulled six oars: and when it was manned, Mr. Stewart jumped in, and Lofd B. fol lowed him. "But you have no arms," said Mr. Hautaine . '•Tho smugglers never resist now," observed Stewart. "Then you are going on a very gallant expedi tion, Indeed," observed Cecilia Ossulton; "I wish you joy." But Lord B. was too much excited to pay atten tion. They shoved off, and pulled towards the smuggler. At this time, the revenue boats were about five mile. astern of the Happy-go-lucky, and the yacht about three quarters of a mile from her in the offing. Pickersglll had, of course, observed the motions of the yacht; had seen her wear on chase. hoist her ensign and pendant, and fire her gun. "Well," said he, "this is the blackest ingrati- tude; to be attacked by the very people whom we smuggle for. I only wish she may come up with us; and, let her attempt to interfere, she shall rue the day: I don't much like this, though" As we before observed, it fell nearly calm, and the revenue boats were in chase. Pickersgill watched them as they came up. "What shall we do," said Corbett, "get the boat out?" "Yes," replied Pickeragill, "we will get the boat out, and have the goods in her all ready: but we can pull faster than they do, in the first place; and, in the next, they will be pretty well tired be fore they come up to us. We are fresh,and shall soon walk away from them; so I shall not leave the vessel ttll they are within hull a mile. We must sink the ankers, that they may not seize the vessel, for it Is not worth while taking them with us. Pass them along ready to run them over the bows, that they may not see us and swear to it.— But we have a good half hour and more." . "Ay, and you may hold all fast if you oki!iose," said Morrison, "although it's better to be the right side and get ready; otherwise, before half an hour, I'll swear that we are out of their sight: look there," said ho, pointing to the eastward at a heavy bank, "it's coming right down upon us, as I said it would." "True onough,but still there is no saying which will come up first, Morrison; the boats or the fog, so we must be prepared." "Hilton! what's tins? why, there's a boat coin ing from the yacht." Pickeregill took out his glass. "Yes, and the yacht's own boat, with the name painted on her bows. Well, lot them come—wo will have no ceremony in resisting them: they are not in the act of parliament, and must take the consequences. We have nought to fear. Get stretchers. my lads, and handspikes; they row six ours, and are three in the sternsbeete—they must be good mon Willey take us." . In a few minutes Lord B. was close to the smug gler. "Boat, ahoy! what do you want?" "Surrender, in the king's name." "To what, and to whom, and what are we to surrender? We are an English vessel coasting along'shore." "Pull on board, my lads," cried Stewart; "I'm a king's officer—we know her." The boat darted alongside, and Stewart and Lord 8., followed by the menjumped on the deck. "Well, gentlemen, what do you want?" said Pickersgill. "We seize you—you are a smuggler; there's on denying it—look at the casks of spirits stretched along the deck." "We never said that we were not smugglers," replied Pickersg ilk "but what is that to you? you are not a king's ship, or employed by the reve nue." "No, but We carry a pendant, and it is our duty to protect the laws." "And who are you?" said Pickersgill. "I am Lord D." "Then,my lord, allow me to say that you would do much better to attend to the framing of laws, and leave people of lees consequence, like those astern of me, to execute them. "Mind your own business," is an old adage. We shall not hurt you, my lord, as you have only employed words, but we shall put it out of your power to hurt us. Como all, my lade. Now;my lord, resistance is useless; we are double your numbers, and you have caught a Tartar." Lord B. and 1l r. Stewart perceived that they were in an awkward predicament. "You may do what you please," observed Mr. Stewart, "but the revenue boats are coining up, recollect." "Look you, sir, do you see the revenue cutter?" said Pickersgill. Stewart looked in that direction, and saw that she was hidden in the fog. `•ln five minutes, sir, the boats will be out of sight also,and so will your vessel; we have nothing to leer from them." "Indeed, my lord, wo 'had better retorn," said Mr. Stewart, who perceived that Pickersgill was tight. . . "I beg your pardon, you will not go on board of your yacht so soon as you expect. Take the oars out of the boat, my lads, two et three of you, and throw in a couple ofour puddles for them to reach the, shore with. The rest of you knoek down tho first man who oilers to resist. You are not aware, perhaps, my lord, that you have attemped piracy on the high seas." Stewart looked at Lord B. It was true enough. The men of the yacht could offer no resistance; the oars were taken out of the boat, and the men put in again. "My lord," said Pickersgill, "your boat is man• ned—do me the favor hi step into it: and you, sir, do the same. I should be sorry to lay my hands upon a peer of the realm, or a king's officer oven on half pay." • Remonstrance was vain; his lordship was led to the boat by two of the smugglers, and Stewart followed. "I will leave your oars, my lord. at the Wey mouth custom-house; and 1 trust this will be a lea. son to you in tutors to mind your own .busi nem` " The boat was shoved ofT from the sloop by the mouton., and was soon lost sight 'of in the fog, which had now covered the revenue boats as well SY 11013:1111,T WHITE EDITOR., PI72I.IIEIECER. AND PROPRIETOR. 6...WWWltazinpanit. ataxPmcalr. aimmalUALLI/TX SEDD aCIZICh an the yacht; at the game time, it brought down a hreeze from the eastward. "Haul to the wind, Morrison," said Pickers. gill, "we will stand out to get rid of the boats; it they poll on, they will take it for granted that wo shall run into the bay, as will the revenue cut ter." Pickersgill and Corbett wore in conversation abaft for a short time, when the former desired the course to be altered two points. "Keep silence all of you, my lade, and let me knew if you hear a gun or a bell from the yacht," said Pickersgill. "There is a gun, sir, close to us," said one of the men—"the sound was right ahead." "That will do, keep her as she goes. Aft here, my lads; we cannot run our cargo in the bay, for the cutter has been seen to chase us, and they will all be on the look-out at the preventive sta tions for us on ahore. Now, my lads, I have made up my mind that, as these yacht gentlemen - have thought proper to interfere, I will takes possession of the yacht for a few days. We shall then out sail every thing, go where we like unsuspected, and land our cargo with ease. I shall run along. side of her—she can have but few hands on board; and mind, do not hurt any body, but be civil and obey my orders. Morrison, you and your four men and the boy will remain on board as before, and take the vessel to Cherbourg, where we will join you." In a short time another gun was fired fkom the yacht. Those on board, particularly the ladies, were alarmed; the fog was very thick, and they could not distinguish the length of the vessel.— They had seen the boat board but had not seen her turned adrift without oars, as the fog came on just at that time. The yacht was left with only three seamen on boardond,should it come on bad weath er, they were in an awkward predicament. Mr. Hautatne had taken the command, and ordered I the guns to he fired that the boat mi g ht be enabled to find thorn. The fourth gun was loading, when they perceived the smugglers' cutter close to thorn, looming through the fog. - • "Here they are," cried the seamen; "and they have brought the prize along with them. Three cheers for the Arrow!" "Hilloa: you'll be on board of us," cried lieu taine. "That's exactly what I intended to be sir," re plied Pickersgill, jumping on the quarter-deck, followed by his men. "Who the devil are you!" "That's exactly the same question that I asked Lord B. when he boarded -us," replied Pickersgill, taking off his hat to the ladies. "Well, but what business have you hero?" "Exactly the same - question which I put to Lord 8.," replied Pickersgill. "Where is Lord 8., sir?" said Cecilia Castilian, going up to the smuggler; "is he safe?" "Yes, madam, he is sate; at least ho is in his boat with all his men, and unhurt—but you must excuse me, if I request you and the other ladies to go down below, while I speak to these gentle. goon. Be under no alarm Miss; you will receive ileither insult nor ill treatment-1 have only taken possession of this vessel for the present." "Take possession," cried Hautaine, "of a yacht!" "Yes, air. since the owner of the yacht thought proper to attempt to take possession of me. I al. ways thought that yachts were pleasure.vessels, sailing about for amusement, respecting them selves and not interfering with others. ' but It ap pears that is not the ease.- The owner of this yacht has thought proper to break through the neutrality, and commence egression; and, under such circumstances, I have now in retali ation, taken possession of her." "And pray, what do you mean to do, sir?" "Simply, for a few days, to make an exchange. I I shall send you on board of my vessel as smug: glerr, while I remain here with the ladies and a. muse myself in yachting." "Why, sir, you cannot mean— "l have said gontlamen, and that is enough; I should be sorry to resort to violence, but I must be obeyed You have, I perceive, three seamen only left: they are not sufficient to tako charge of the vessel, and Lord B. and the others you will not moot for several days. My regard for the la dies—even common humanity, points out to me that I cannot leave the vessel in this crippled con dition. At the sumo time, as I must have hands on board my own, you will oblige me by going on board, and taking her safely into port. lt is the least return you can make fur my kindness. In those dresses, gentlemen, you will not be able to do your duty; oblige me by shifting, and putting on these." Corbett handed a flannel shirt, a rough jacket and trowsers, to Messrs. Hautaine, Ossulton, Vaughan, and Seagrove. After some useless resistance they wore stripped, and, hav ing put on their emu attire,they wet e harid ed on board of the Happy-go lucky. The three English seamen wore also sent on board, and confined below. as well as Ossulton's servant, who was also equipped like his master, and confined below with the seamen. Corbett and the men then handed up all the smuggled goods into the yacht, dropped the boat, and made it fast astern; and, Morrison having received his directions, the vessels separated—Morrison run ning for Cherbourg, and Pickersgill steering the yacht along shore to the westward. About an hour after this exchange had been effected, the fog cleared up, and showed the revenue cutter hove to for her boats, which had pulled back, and were close on board of her; and the Happy-go lucky, about three miles in the offing. Lord B. , and his boat's crew were about four miles in shore, paddling and drifting with the tide towards Portland. As soon as the boats were on board, the revenue cutter muds all sail after the smug glor, paying no attention to the yacht, and either not seeing or , not caring about the boat which was drifting about in West Bay. "Here we are, Corbett, and now I only wish my venture had ben double," observed Pickers. gill; "but I shall hot allow business to absorb me wholly—we must add a little amusement. it np pears to me, Corbett, that, the gentleman's clothes which lie thre will fit you, and those of the good looking fellow who was spokesman will, I am aura, suit me well. Now let us dress ourselves, and then for breakfast." Pickersgill soon exchanged his clothes for those of Hautaine, and Corbott fitted on thoge of Mr. °smitten. The steward was summoned up, and dared not disobey; he appeared on dec.., trembling. "Steward—you will take these clothes below," said Pickersgill, "and, observe, I now command this yacht; and, during the time that I ant on board, you will pay me the same respect as you did Lord SI. nay, more, you will always address me as Lord B. You will prepare dinner and breakfast, and do your duty just as if his lordship was on board, and take care that you feed us well for I will not allow the ladies to be entertained in a less sumptuous manner than before. You will tell the cook what I say,—and now that you have heard me, take care that you obey; if not, recut. lest, that I have my own men here, and if I but point with my finger, overboard you go.—Do you perfectly comprehend me?" "Yes,—sir," stammered the steward. "Yes, sir!—;What did I tell you, sirralX—Yes, my lord.—Do you understand mor "Yes—nip lord." "Pray, steward, whose elotheis has this gontlo• I man put on?" "Mr.—Mr. Ossulton's I think—air—my lord— I mean." "Very well, steward; then recollect, in future you always address that gentleman as Mr. Ossul. ten." "Yea, my lord," and the steward went down below, and was obliged to take n couple of glass ea of brandy, to keep himself from fainting. "Who are they, and what are they, Mr. Mad dox?" cried the lady's-maid who had been weep ing. "Pirntes!—blendy, murderous, stick atmothint pirates!" replied the steward. "Oh!" screamed the lady's.maid, "what will become of us, poor unprotected females!" and she hastened into the cabin, to impart this dread ful intelligence.. The 'mks in the cabin were not in a very en viable situation. As for the elder Miss Osmium, (but, perhaps, it will be bettor, in future, to dis tinguish the two ladies by calling the elder sim ply Miss Ossulton, and her niece, Cecilia,) she was sitting with her salts to her nose, agonised with a mixture of trepidation and wounded pride. Mrs. Lascollas was weeping, but weeping gently. Cecilia Was sad, and her heart Wtlb beating with anxiety and suspense—when the maid rushed in. "Oh madam! Oh miss! Oh Mrs. Lascelles! have foundit all out!—they are murderous,bloody, do.every-thing pirates!!!" "Mercy on us!" exclaimed Miss Ossulton; "sure- Irthey will never dare--?"' "Oh, ma'am, they dare any thing!—they just now were throwing the steward overboard—and they have rummaged all the portmanteaus,. and dressed themselves in the gentlemen's best clothes —the captain of them told the steward that ho was Lord 11.—and that if he dared to call him any thing else, he would cut his throat from ear to oar—and if the cook don't give them a good din- . ner, they swear that they'll chop his right hand off, and make him eat it without popper or salt!" Miss Ossulton acreamed,and went off into Ilya terics.—Mrs. Lascelles and Cecilia wont to her assistance; but the latter had not forgotten the ve• ry different behavior of Jack Pickersgill and his polite manners, when he boarded the vessel. She did not, therefore, believe what the maid had re ported, but still her anxiety and suspense were great, especially about her fattier. Alter having restored her aunt, she put on her bonnet, which was lying on the sofa. "Where aro you going, dear?" said Mr. Las cellos. "On deck," replied Cecilia; "I must and wall speak to these men." "Gracious heaven! Miss Ossulton; going on deck! have you heard what Plicebe says?" "Yee, aunt, I have--but I can wait here no longer." "Stop her! stop her!--.he will be murdered!— she will be--she is mad!" screamed Miss Offset ton; but no one attempted to stop Cecilia, and on deck she went. On her arrival, she found Jack Pickersgill and Corbett walking the dock; one of the amugglera at the helm, and the rest forward, and as quiet as the crow of the yacht. As semi as she made her appearance, Jack hat, and made her a bow. . I ''k474. "I do not know whom I have the honor . of ad dressing, young lady, but I am flattered with this mark of confidence.—You feel,and I assure you, you feel correctly, that you are not exactly in lawless hands." Cecilia looked with more surprise than fear at Pickeragill; Mr. Hautaine's dress became him, he was a handsome, fine-looking man, and had nothing of the ruffian in his appearance; unless, like Byron's Coraair,he was half savage, half soft. She conld not help thinking that she had met many with less pretensions, as far as appearance went to the claims of a gentleman, at Almack's, and other fashionable circles. - "I have ventured on dock, sir," said Cecilia, with a little tremulousness in her voice. "to re. quest, as a favor, that you will inform me what your intentions may be, with regard to the ves sel, and with regard to the ladies?" "And I fool much obliged to you for your so doing, and I assure you, I will, as far as I have made up my own mind, answer you candidly: but you tremble—allow me to conduct you to a seat. In few words, then, to remove your present alarm, I intend that the vessel shall be returned to its owner, with every article in it, as religiously re• spected as if they wore church property. With respect to you, and the other ladies un board, I pledge you my honor, that you have nothing to fear; that you shulLbe treated with every respect; your privacy never invaded; and that, in a few days, you wjll be restored to your friends. Young lady, I pledge my hopes of future salvation to the truth of this; bat, at the same time, I must make a few conditions, which however, will not be very severe." "But, sir," replied Cecilia, much relieved, for Pickersgill had stood before her in the most re spectful manner, "you are, I presume the captain of the smuggler7—Pray, answer me one question more—what became of the boat, with Lord 8., he is my father?" "I loft him in his boat, without a hair of his head touched, young lady; but I took away the oars." "Then he will perish!" cried Cecilia, putting her handkerchief to her eyes. "No, young lady, he is on shore probably by this time; although I took away his means of as slating to capture us, I left him the means of gaining the land. It is not every one who would have done that, atlas his conduct to us." "I begged bins not.to go," said Cecilia; "I told him that it was not fair, and that he had no Oar- . rel with the smugglers." "I thank you even for that," replied Pickerogill "and now, miss-1 have not the pleasure ofrocol. lecting his lordship's family name." "Ossulton, sir," said Cecilia, looking at Pick crawll with surprise. "Then. with your permission, Miss Ossulton,l will now make you my confidant; excuse my using so free a term, but it is because 1 wish to relieve your fears; at the same time, I cannot per mit. you to divulge all my intentions to the whole party on board; I feel that I may trust you, 'for you , have courage, and where there is courage, there generally is truth; but you must first tell me whether you will condescend to accept these terms?" [TO BE CONTINUED•] ECCLESIASTICAL.—At an election of the Evangelical Lutheran Churth, in York, Pa. recently held, the Rev. A. H. LOCIIMAN, Of Harrisburg, was elected pastor of said Church, to succeed the Rev. Dr. J. G. SOIIMUCKER, resigned. The Legislature of New Jersey have done equity between the "Orthodox" and "Hick• site" sections of the Society of Friends, by passing the bill, which provides for the di vision of the corporate property owned by Friends, between the two sects, according to their relative numbers. AN IMPORTANT DOCUMENT. /RT; -7- Relief Bill! ilk.lll &CT, To repeal the state tax on real and personal proper ty. and to continue and extend the improvements of the state by rail roads and canals, and tocharter a state bank to be called the "United States Bank." SEcTioN 1. Be it enacted by the Sen ate and House of Representatives of the Com monwealth of Pennsylvania, in General As sembly met, and it is hereby enacted by the authority of the same. That all and every provision of the Acts of Assembly passed the twenty-fifth day of March, in the year one thousand eight hundred and thirty-one, res. pectively, entitled. An act assessing a tax on personal property,to be collected with the county rates and levies, for the use of the commonwealth, and an act to increase the comity rates and levies for the use of the commonwealth, be and the same are hereby repealed, except so far as relates to the col lection of taxes assessed before the first day of October last: Provided, That the said re peal shall not go into effect until all the terms and provisions hereinafter set forth , shall be fully complied with. SECTION 2. The present stockholders of the bank of the United States, excepting the United States and the treasurer of the United States, and such other persons as may be. come stockholders agreeably to the by-laws made for that purpose. to an amount not ex ceeding in the whole the present 'capital of the said bank, their successors and assigns, be and are hereby created 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 con tinue until the third day of March, in the year one thousand eight hundred and sixty. six;' and by that name shall Maud are here by made capable in law, to hail s e; purchase, and rece; ve,possess,enjoy and retain,to them and their successors, lands,rents, tenements, hereditaments, goods, chattels, and effects, of 'Whatsoever kind, nature and quality, and the same to sell, grant, demise. alien or dis pose of, to sue and be sue'd, to use a common seal, and the same to alter and renew, and to make such by-laws and ordinances as they shall deem necessary, not being contrary to this act,the constitution of the United States, or to the constitution and laws of this com monwealth; and also to prescribe rules fot the transfer of the stock of said corporation, and generally to do all the acts which to them it shall or may appertain to do,•and to enjoy the same privileges and authority giv en by law to any bank within this common wealth, subject to the rules and restridtions hereinafter prescribed. SECTION 3. For the management of the affairs of the said corporation, there shall be annually elected at the banking house, in the city of Philadelphia,on the first Monday, in January in each year, by a Pluriility of votes, which shall be given by the qualified stockholders of the said bank in person or by proxy, twenty directors, who shall be capa ble, of serving for one year, and who shall, at the first meeting after their election in each year, proceed to elect one of their di rectors to be the president of the corpoiation, who shall hold the said office during the same period for which directors are elected; but if an election of dieectors or of the presi dent should not be made on that day, the said corporation shall not for that cause be dissolved, but it shall be lawful at any other time to hold such elections; and until such elections be made, the directors and presi dent for the tune being shall continue in office; and in case of the death or resigna tion of the president,the directors shall elect another president from their own number; and in case of the death or resignation'of a director, the 'vacancy may be supplied by the remaining directors. SECTION 4. The following shall be the fundamental articles of the said corporation, to wit: Article 1. None but a stockholder who is a citizen of the United States sliall be a director, or vote at an election for directors, either in person or by proxy; and all proxies shall be dated within sixty day& before the day of each election. The number of votes to• which each stockholder shall be entitled in voting directors Phallie as follows: for one share and not more than two shares, one vote; for every two shares above ttio, and not exceeding ten shares, one vote; for every four shares above teri,and not exceed. ing thirty, one vote; for every six shares a bove thirty, end not exceeding sixty, one vote; for every eight shares above sixty,and not exceeding one hundred, one vote; but ao 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 voting,unless the same shall have been held three calen der months before the dayOf election. Article Not more than three-fourths of the directors who shall be in office at the time of an annual election, shall be• elected for the succeeding year,and no director shall hold his office for more than three years out offnur in succession, but the director who shall he the president may always be re-elect ed; and previous to each election 'of dime• tnrs, - the board of directors shall appoint three stockholders,not directors,to be judges, of the election, who shall conduct and regu late the same, after having severally 'taken and subscribed an oath or affirmation,before some justice Of the peace or alderman, well and fiiithfully and lawfully to conduct the election; anti who alter the conclusion of the ballot shall decide and openly declare who [WHOLE' NO. 308. are chosen directors for the ensuing year. No director dam , other hank shall •be, at the same time, a director of this benk . t per' shall the governor, or any executiveor ju dtcial officer of this cornmonwealth,Or mem ber of congress, or 01 the state logisidture, be a director. Article 111. Not less than 'seven 'dire°. tors Shall constitute a board for the trataiate. lion of business, of whom the president., shall always be one, except in case °Feick- „ ness or necessary ebsence, in which Caailite place may be supplied by any director,;'''' he by writing under his hand Shall' depute. for that purpose; and in case the president shall rot so depute, the tiosid-of - ,;;.. of directors may elect a directer-,t0:40- 4 1k , ,! ring the absence of the president. Article IV. A general meeting . of stockholders for purposes relative to theiry . stitution, may at any time be called, either . by the board of directors, or by sixty or ••• more stockholders owning orie thousanil nr more shares of the capital stock, on giving at least six weeks notice in two public news papers, published in the city of Philadelphia and specifying in such notice the object 0r 4 ,:. objects of such meeting. And there Shill , >,:" be a general meeting of the stock holders at,. the banking house, in the city of Philadel: phis, on the first Monday of January in ev ery year, at which time the directors shall; lay before them a general and particulur . statement of the affairs of the company. Article V. The lands, tenements, and': ; : hereditaments which it shall be lawful_ fok the said corporation to hold, shall be only . such as`shall be requisite for its immediate accommodation in transacting its biisinesS, and such as shall be bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of debts previously contiaCt ed in the course of its dealings, or purchas ed for the purpose of securing such debts. The said corporation shall not directly, Or indirectly,dealnr trade in any thing except bills of exchange, gold and silver bullion, or in the sale of goods really and truly pledged' for for money lent, and - not redeemed in duo time,--or goods whicb shall be the proceeds of its lands. Neither shall it make - any loan to any foreign prince or state, unless previously authorised by law. The said corporation shall -not be , at liberty :to pm chase any stock Whatever, ex6iitit, their tivin stock, treasury notes,Pr e public stocks crea ted by the government of the' United Stt4s or of this State, or stock of, or loans to any of the incorporated companies of this State,_ for the construction and improvement of roads, bridges, canal or inland nairgation, or other stocks which may be benii fide pledged is 'security for debts_ to the batik, ' and not duly redeemed. Article VI. The rate of discount at- which loans may be made by said bank ' within this commonwealth, shall riot exceed . one half of one 'per centum for thirty days. . : And the notes' and bills which.shall belitsu ed by order of said corporation, or under tts authority, shall be binding upon it,end those made payable to - order .shall 'aseignable by endorsement, but none shall - be issued of a denomination' less than ten &liars; at;d the bank shall neglect or refine to paying notes or bills or moneys deposits hen due, on demand made at the bank duriNUnking hours, the person or persons entitled to the, same shall receive' interest thereon at' the rate of twelve - per cent a' year until pay- - ment be made. And the notes of the cot-- poration in circulation, shall - never exceed , the capital actually paid in. The total a-, mount of debts which the said corporation may at any time owe, whether by _bond,;:: note or other contract,excepting the amount; of money due to depositors, shall not tit any.' time exceed double the amount of capital stock actually paid in; and in case of excess, the directors under whose administration 'it shall ha ppen,shill be liable in their individn. al capacities, and an action of debt may in' such case be brought against them, Or any. of them; or any of their heirs, executors' or administrators, in any court having comps- tent jurisdiction,by any creditor or creditors of such corporation, and may. be 'prosecuted _to judgment and execution; any condition, covenant or agreement to the contrary not withstanding; but thit3 shall ,not be constru ed to exempt the said corporation, or the lands, tenements, goods and chattels of the same, from being also liable for and chirp able with , the said excess. Such of the said , directors as may have been absent when the said excess was contracted or created, shall not be considered as consenting thereto, or liable therefor, and those who may have dia. sented liom the resolution or, net whereby the same was so contracted or created;and who shall enter their dissent upon the minutes of the board, may exonerate, them. selves from being so liable, by forthwith , ing notice of the fact to the stockholders pt, a a general meeting, which they , shall have power to call for that purpose. • Article VII. If the said bank should at any time_refuse to pay i any ofits notes;bilith obli2ations, or deposited moneys, in froldir , silver, then at or after the expiration ef t , three months'from the time of the dist refusal of said bank to'pay as afOresard, shall and may be lawful for theitigcler - W.i proprietor of the same, to mike' applo2o4.i in writing to any judge of any proper county, to allow hint 43,r .her:icy - JlOOl6 l proof of said refusal on ib'ath or ittrin#loo, hYone or more disinterested nestles, before said judge,` shall be to give at leak tea de ye the president or -cashier . 01114 time and place of making suclr der that an opportunity may be rebutting the same by teatime"; teetiVri
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