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and House of Representatives in Congress. Salary of door. Be it enacted by the Senate and House of Representatives of the keepers of Con United States of America in Congress assembled, That from and after gress after present session. the termination of the present session of Congress, the doorkeepers of
the Senate and House of Representatives, shall each be allowed a salary of five hundred dollars per annum, in full compensation for their services in the said offices; and that the assistant doorkeeper to each house
shall be allowed in full compensation for all his services, the sum of four 1802, ch. 35. hundred and fifty dollars per annum. And it shall be the duty of the
said doorkeepers to do the usual services pertaining to their respective offices during the session of Congress, and in the recess, under the direction of the secretary of the Senate and clerk of the House of
Representatives, to take care of the apartments occupied by the respec1789, ch. 17, tive houses, and provide fuel and other accommodations for their subsesec. 5, 6. quent session. And the said compensations shall be certified and paid
in like manner as is provided by law, for the other officers of the Senate and House of Representatives.
APPROVED, April 12, 1792.
April 13, 1792. Chap. XXI.-An Act for altering the times of holding the Circuit Courts, in
certain districts of the United States, and for other purposes. [Obsolete.)
SECTION 1. Be it enacted by the Senate and House of RepresentaTimes for holding circuit tives of the United States of America in Congress assembled, That courts in cer- from and after the passing of this act the circuit courts in the districts altered.
of North Carolina and Georgia shall be held as follows, to wit: In the district of North Carolina on the first day of June, and the thirtieth
day of November at Newbern, in the present and each succeeding year. 1797, ch. 35. And all writs and recognizances returnable and suits and other proceed
ings that were continued to the circuit court for the district of North Carolina on the eighteenth day of June next, shall now be returned and held continued to the same court on the first day of June next. In the district of Georgia on the twenty-fifth day of April at Savannah and on the eighth day of November at Augusta in the present and each succeeding year, except when any of those days shall happen on a Sunday, in
which case the court shall be held on the Monday following: When sessions Sec. 2. And be it further enacted, That the sessions of the circuit of the eastern courts in the eastern circuit shall in the present and every succeeding circuit shall commence.
year commence at the times following, that is to say: In New York district on the fifth day of April and the fifth day of September. In Connecticut district on the twenty-fifth day of April and the twenty-fifth day of September. In Massachusetts district on the twelfth day of May and the twelfth day of October. In New Hampshire district on the twenty-fourth day of May and the twenty-fourth day of October; and in Rhode Island district on the seventh day of June and the seventh day of November, except when any of those days shall happen on a Sunday, and then the sessions shall commence on the next day following. And the sessions of the circuit court shall be held in the district of Virginia
at the city of Richmond only. In New Hampshire district at Portsbe bounded by the river Ohio on the south, by the Great Miami on the west, by the Little Miami on the east, and by a parallel of latitude on the north extending from the Great Miami to the Little Miami, so as to comprehend the proposed quantity of one million of acres, provided that the northern limits of the said tract shall not interfere with the boundary line established by the treaty of Fort Harmar, between the United States and the Indian nations, and provided also, that the President reserve to the United States, such lands at, and near Fort Washington, as he may think necessary for the accommodation of a garrison at that fort.
APPROVED, April 12, 1792.
mouth and Exeter alternately, beginning at the first. In Massachusetts district at Boston. In Rhode Island district at Newport and Providence alternately, beginning at the first. In Connecticut district at Hartford and New Haven alternately beginning at the last. And in New York district at the city of New York only.
Sec. 3. And be it enacted, That at each session of the supreme court Judges of of the United States, or as soon after as may be, the judges of the supreme supreme court
at each session court attending at such session shall, in writing subscribed with their
to determine the names (which writing shall be lodged with the clerk of the supreme circuits they are court and safely kept in his office), assign to the said judges respectively respectively to the circuits which they are to attend at the ensuing sessions of the attend, &c. circuit courts; which assignment shall be made in such manuer that no judge, unless by his own consent, shall have assigned to him any circuit which he hath already attended, until the same hath been afterwards attended by every other of the said judges. Provided always, That if the public service or the convenience of the judges shall at any time, in their opinion, require a different arrangement, the same may take place with the consent of any four of the judges of the supreme court.(a)
Sec. 4. And be it further enacted. That the district court for the Session of district of Maine, which, by the act, intituled “An act to establish the Maine district, judicial courts of the United States,” is holden on the first Tuesday of June, annually, at Portland, shall, from and after the passing of this act,
1799, ch. 20. be holden on the third Tuesday of June, annually, any thing in the act aforesaid to the contrary notwithstanding: and all writs and recognizances returnable, and suits and other proceedings, that were continued to the district court for the district of Maine on the first Tuesday of
1802, ch. 31, June next, shall now be returnable and held continued to the same court, on the third Tuesday of June next.
Sec. 5. And be it further enacted, That the stated district courts and o? N. Caro. for the district of North Carolina shall, in future, be held at the towns lina altered. of Newbern, Wilmington and Edenton in rotation, beginning at New 1797, ch. 27, bern, as the said court now stands adjourned.
APPROVED, April 13, 1792.
Chap. XXIII.-An Act for apportioning Representatives among the several States, April 14, 1792.
according to the first enumeration. Be it enacted by the Senate and House of Representatives of the (Obsolete.) United States of America in Congress assembled, That from and after
reprethe third day of March one thousand seven hundred and ninety-three, sentatives to the House of Representatives shall be composed of members elected Congress acagreeably to a ratio of one member for every thirty-three thousand per- enumeration. sons in each state, computed according to the rule prescribed by the 1791, ch. 9. constitution; that is to say: Within the state of New Hampshire, four; 1802, ch. 1. within the state of Massachussetts, fourteen; within the state of Ver
1811, ch. 9.
1820, ch. 37. mont, two; within the state of Rhode Island, two; within the state of 1832, ch. 91. Connecticut, seven; within the state of New York, ten; within the state 1842, ch. 25. of New Jersey, five; within the state of Pennsylvania, thirteen; within the state of Delaware, one; within the state of Maryland, eight; within the state of Virginia, nineteen; within the state of Kentucky, two; within the state of North Carolina, ten ; within the state of South Carolina, six; and within the state of Georgia, two members.
APPROVED, April 14, 1792.
(a) The provisions of the acts of Congress relating to the assignment of the circuits to the justices of the Supreme Court, have been : Act of April 13, 1792, sec. 3; act of March 2, 1793; act of April 29, 1802, sec. 5; act of March 3, 1803; act of March 3, 1837.
Chap. XXIV.-An Act concerning Consuls and Vice-Consuls.
tive Consuls and Vice-Consuls; Duty of Con Section 1. Be it enacted by the Senate and House of Representasuls and district tives of the United States of America in Congress assembled, That where judges concerning wrecks.
in the seventh article of the said convention, it is agreed that when there shall be no consul or vice-consul of the King of the French, to attend to the saving of the wreck of any French vessels stranded on the coasts of the United States, or that the residence of the said consul, or viceconsul (he not being at the place of the wreck) shall be more distant from the said place than that of the competent judge of the country, the latter shall immediately proceed to perform the office therein prescribed; the district judge of the United States of the district in which the wreck shall happen, shall proceed therein, according to the tenor of the said article. And in such cases it shall be the duty of the officers of the customs within whose districts such wrecks shall happen, to give notice thereof, as soon as may be, to the said judge, and to aid and assist him to perform the duties hereby assigned to him. The district judges of the United States shall also, within their respective districts be the competent judges, for the purposes expressed in the ninth article of the said convention, and it shall be incumbent on them to give aid to the consuls and vice-consuls of the King of the French, in arresting and securing deserters from vessels of the French nation according to the tenor of the said article.
And where by any article of the said convention, the consuls and Duty of Marshals.
vice-consuls of the King of the French, are entitled to the aid of the competent executive officers of the country, in the execution of any precept, the marshals of the United States and their deputies shall,
within their respective districts, be the competent officers, and shall give Where com- their aid according to the tenor of the stipulations. mitments shall
And whenever commitments to the jails of the country shall become be made.
necessary in pursuance of any stipulation of the said convention, they shall be to such jails within the respective districts as other commitments under the authority of the United States are by law made.
(a) Act of July 6, 1797, chap. 12 ; act of February 28, 1803, chap. 9; act of February 28, 1811, chap. 28; act of March 3, 1813, chap. 42, sec. 6. 1810, ch. 39.
The decisions of the courts of the United States upon the powers, duties, and obligations of consuls, have been :
A foreign consul has a right to claim or institute a proceeding in rem where the rights of property of his fellow-citizens are in question, without a special procuration from those for whose benefit he acts. The Bello Corrunnes, 6 Wheat. 152; 5 Cond. Rep. 45.
A consul cannot receive actual restitution of the res in controversy, without a special authority. To watch over the rights and interests of their subjects, wherever the pursuits of commerce may draw them, or the vicissitudes of human affairs may force them, are the great objects for which consuls are deputed by their sovereigns. Ibid.
As an abstract question, it is difficult to understand on what ground a state can claim jurisdiction of civil suits against consuls. By the constitution, the judicial power of the courts of the United States, extends to all cases affecting ambassadors, other public ministers, and consuls, exclusive of the courts of the several states, and the judiciary act gives the district courts jurisdiction of all suits against consuls and vice consuls, except for certain offences enumerated in the act. "Davis v. Packard, 7 Peters, 276.
Consuls are subject to indictment for misdemeanor in the courts of the United States. United States v. Ravara, 2 Dall. 297.
A consul is not personally answerable for a contract made in his official capacity on account of his gov. ernment. Jones v. Le Tombe, 3 Dall. 384.
The advice of an American consul in a foreign port, gives to the master of a vessel no justification for an illegal act. Wilson v. The Mary, Gilpin's D. C. R. 31.
A consul's certificate of any fact is not evidence between third persons, unless expressly or impliedly made so by statute. Levy v. Burley, 2 Sumner's C. C. R. 355.
Under the consular act of 1803, the penalty of 500 dollars for not depositing the ship's register with the consul, on arrival at a foreign port, must be sued for within two years, the limitation prescribed by the act of 1790; it not being a revenue law within the meaning of the act of 1804. Parsons v. Hunter, 2 Summer's C. C. R. 419.
ance to the
And for the direction of the consuls and vice-consuls of the United States in certain cases.
Sec. 2. Be it enacted by the authority aforesaid, That they shall Right of Con. have right in the ports or places to which they are or may be seve
suls and Vice
Consuls, rally appointed of receiving the protests or declarations, which such captains, masters, crews, passengers and merchants, as are citizens of the United States may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizens of the United States; and the copies of the said acts duly authenticated by the said consuls or vice-consuls, under the seal of their consulates, respectively, shall receive faith in law, equally as their originals would in all courts in the United States. It shall be their duty where the laws of the country permit, to take possession of the personal estate left by any citizen of the United States, other to take charge of than seamen belonging to any ship or vessel who shall die within their personal estates consulate; leaving there no legal representative, partner in trade or sons, &c. trustee by him appointed to take care of his effects, they shall inventory the same with the assistance of two merchants of the United States, or for want of them, of any others at their choice; shall collect the debts
To collect due to the deceased in the country where he died, and pay the debts debts, &c. and due from his estate which he shall have there contracted; shall sell at transmit , balauction after reasonable public notice such part of the estate as shall be
Treasury of t'e of a perishable nature and such further part, if any, as shall be necessary U. s. if not for the payment of his debts, and at the expiration of one year from his called for by
legal represendecease, the residue; and the balance of the estate they shall transmit tative. to the treasury of the United States, to be holden in trust for the legal claimants. But if at any time before such transmission, the legal representative of the deceased shall appear and demand his effects in their hands, they shall deliver them up, being paid their fees, and shall cease their proceedings.
For the information of the representative of the deceased, it shall be Consul to nothe duty of the consul or vice-consul authorized to proceed as aforesaid tify the death in in the settlement of his estate, immediately to notify his death in one a gazette pub. of the gazettes published in the consulate, and also to the Secretary of consulate. State, that the same may be notified in the state to which the deceased shall belong; and he shall also, as soon as may be, transmit to the Secretary of State, an inventory of the effects of ihe deceased taken as before directed.
Sec. 3. And be it further enacted, That the said consuls and vice Duty as to consuls, in cases where ships or vessels of the United States shall be stranded ves
sels. stranded on the coasts of their consulates respectively, shall, as far as the laws of the country will permit, take proper measures, as well for the purpose of saving the said ships or vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking an inventory or inventories thereof; and the merchandise and effects saved with the inventory or inventories thereof taken as aforesaid, shall, after deducting therefrom the expense, be delivered to the owner or owners. Provided, That no consul or vice-consul shall have authority to take possession of any such goods, wares, merchandise or other property, when the master, owner or consignee thereof is present or capable of taking possession of the same.
Sec. 4. And be it further enacted, That it shall and may be lawful Fees. for every consul and vice-consul of the United States, to take and receive the following fees of office for the services which he shall have performed.
For authenticating under the consular seal, every protest, declaration, deposition, or other act, which such captains, masters, mariners, seamen, passengers, merchants or others as are citizens of the United States may respectively choose to make, the sum of two dollars.
For the taking into possession, inventorying, selling and finally settling and paying, or transmitting as aforesaid, the balance due on the personal estate left by any citizen of the United States who shall die within the limits of his consulate, five per centum on the gross amount of such estate.
For taking into possession and otherwise proceeding on any such estate which shall be delivered over to the legal representative before a final settlement of the same, as is herein before directed, two and an half per centum on such part delivered over as shall not be in money, and
five per centum on the gross amount of the residue. Consuls to re. And it shall be the duty of the consuls and vice-consuls of the United ceipt for them.
States, to give receipts for all fees which they shall receive by virtue of
this act, expressing the particular services for which they are paid. President au Sec. 5. And be it further enacted, That in case it be found necessary thorized to grant for the interest of the United States, that a consul or consuls be appointed suls in Barbary. to reside on the coast of Barbary, the President be authorized to allow 1797, ch. 12. an annual salary, not exceeding two thousand dollars to each person so
to be appointed: Provided, That such salary be not allowed to more
than one consul for any one of the states on the said coast. Consuls to Sec. 6. And be it further enacted, That every consul and vice-consul give bond with shall, before they enter on the execution of their trusts, or if already in approved by the the execution of the same, within one year from the passing of this act, Secretary of or if resident in Asia, within two years, give bond with such sureties as State;
shall be approved by the Secretary of State, in a sum of not less than two thousand nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office according to law,
and also for truly accounting for all monies, goods and effects which where to be may come into his possession by virtue of this act: and the said bond lodged. shall be lodged in the office of the Secretary of the Treasury.
Provision for Sec. 7. And be it further enacted, That to prevent the mariners and mariners left in foreign ports.
seamen, employed in vessels belonging to citizens of the United States, Repealed by
cases of shipwreck, sickness or captivity, from suffering in foreign the fifth section ports, it shall be the duty of the consuls and vice-consuls respectively,
from time to time to provide for them in the most reasonable manner, at Feb. 28, 1803.
the expense of the United States, subject to such instructions as the Secretary of State shall give, and not exceeding an allowance of twelve cents to a man per diem; and all masters and commanders of vessels belonging to citizens of the United States, and bound to some port of the same, are hereby required and enjoined to take such mariners or seamen on board of their ships or vessels, at the request of the said consuls or vice-consuls respectively, and to transport them to the port, in the United States to which such ships or vessels may be bound free of costs or charge; but that the said mariners or seamen shall, if able, be bound to do duty on board_such ships or vessels according to their several abilities: Provided, That no master or captain of any ship or vessel, shall be obliged to take a greater number than two men to every one hundred tons burthen of the said ship or vessel, on any one voyage: and if any such captain or master shall refuse the same on the request or order of the consul or vice-consul, such captain or master shall forfeit and pay the sum of thirty dollars for each mariner or seaman so refused, to be recovered for the benefit of the United States by the said consul or vice-consul in his own name, in any court of competent juris
diction. Duty of mas. Sec. 8. And be it further enacted, That where a ship or vessel belongters of vessels respecting dis. ing to citizens of the United States is sold in a foreign port or place, charged seamen the master, unless the crew are liable by their contract or do consent to and of Consuls be discharged there, shall send them back to the state where they Repealed by
entered on board or furnish them with means sufficient for their return, the 5th section to be ascertained by the consul or vice-consul of the United States,
of the Act of