President of the United States be authorized to cause the militia of the respective counties of Washington and Alexandria to be formed into regiments and other corps, conformably, as nearly as may be, to the laws of Maryland and Virginia as they stood in force in the said counties, respectively, on the first Monday in December, in the year one thousand eight hundred; and that he appoint and commission, during pleasure, all such officers of the militia of the said District as he may think proper; that he be authorized to call them into service in like manner as the Executives of Maryland and Virginia were authorized in the counties of Washington and Alexandria, respectively, on the first Monday of December, one thousand eight hundred; and that such militia, when in actual service, be entitled to the same pay and emoluments as the militia of the United States when called out by the President. Approved, May 3, 1802.

An Act to incorporate the inhabitants of the City of Washington, in the District of Columbia.

Be it enacted, &c., That the inhabitants of the City of Washington be constituted a body politic and corporate, by the name of a Mayor and Council of the City of Washington, and by their corporate name, may sue and be sued, implead and be impleaded, grant, receive, and do all other acts as natural persons, and may purchase and hold real, personal, and mixed property, or dispose of the same for the benefit of the said city; and may have and use a city seal, which may be broken or altered at pleasure. The City of Washington shall be divided into three divisions or wards, as now divided by the levy court for the county, for the purpose of assessment; but the number may be increased hereafter, as in the wisdom of the City Council shall seem most conducive to the general interest and convenience.

SEC. 2. And be it further enacted, That the Council of the City of Washington shall consist of twelve members, residents of the city, and upwards of twenty-five years of age, to be divided into two chambers, the first chamber to consist of seven members, and the second chamber of five members; the second chamber to be chosen from the whole number of councillors elected, by their ballot. The City Council to be elected annually, by ballot, in a general ticket, by the free white male inhabitants of full age, who have resided twelve months in the city, and paid taxes therein the year preceding the election's being held: the justices of the county of Washington, resident in the city, or any three of them, to preside as judges of election, with such associates as the Council may, from time to time, appoint.

SEC. 3. And be it further enacted, That the first election of members for the City Council shall be held on the first Monday in June next, and in every year afterwards, at such place in each ward as the judges of the election may prescribe.

SEC. 4. And be it further enacted, That the polls shall be kept open from eight o'clock in the 7th CON.-44

morning till seven o'clock in the evening, and no longer, for the reception of ballots. On the closing of the poll, the judges shall close and seal their ballot-boxes, and meet on the day following in the presence of the marshal of the district, on the first election, and the Council afterwards, when the seals shall be broken, and the votes counted: within three days after such election, they shall give notice to the persons having the greatest number of legal votes, that they are duly elected, and shall make their return to the Mayor of the city.

SEC. 5. And be it further enacted. That the Mayor of the city shall be appointed, annually, by the President of the United States: he must be a citizen of the United States, and a resident of the city, prior to his appointment.

SEC. 6. And be it further enacted, That the City Council shall hold their sessions in the City Hall, or, until such building is erected, in such place as the Mayor may provide for that purpose, on the Mayor may convene them oftener, if the public second Monday in June, in every year; but the of the members of each Council may be a quogood require their deliberations. Three-fourths rum to do business, but a smaller number may adjourn from day to day: they may compel the attendance of absent members, in such manner, and under such penalties, as they may, by ordinance, idents, who shall preside during their sessions, provide they shall appoint their respective Presand shall vote on all questions where there is an equal division; they shall settle their rules of prorespective fees, and remove them at pleasure: ceedings, appoint their own officers, regulate their they shall judge of the elections, returns, and qualifications of their own members, and may, with the concurrence of three-fourths of the whole, expel any member for disorderly behaviour, or mal-conduct in office, but not a second time for the same offence: they shall keep a journal of their proceedings and enter the yeas and nays on any question, resolve, or ordinance, at the request of any member, and their deliberations shall be public. The Mayor shall appoint to all offices under the corporation. All ordinances or acts passed by the City Council shall be sent to the Mayor, for his approbation, and when approved by him, shall then be obligatory as such. But if the said Mayor shall not approve of such ordinance or act, he shall return the same within five days, with his reasons in writing therefor; and if three-fourths of both branches of the City Council, on reconsideration thereof, approve of the same, it shall be in force in like manner as if he had approved it, unless the City Council, by their adjournment, prevent its return.

SEC. 7. And be it further enacted, That the Corporation aforesaid shall have full power and authority to pass all by-laws and ordinances; to prevent and remove nuisances; to prevent the introduction of contagious diseases within the city; to establish night-watches or patrols, and erect lamps; to regulate the stationing, anchorage, and mooring of vessels; to provide for licensing and regulating auctions, retailers of liquors, hackney