STATUTE I.

April 12, 1792. CHAP. XX.—An Act for fixing the compensations of the Doorkeepers of the Senate and House of Representatives in Congress.

sent session.

1802, ch. 35.

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 prethe 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 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 subseвес. 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.

STATUTE I.

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.] Times for

holding circuit courts in certain districts altered.

1797, ch. 35.

When sessions

circuit shall

commence.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act the circuit courts in the districts 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. And all writs and recognizances returnable and suits and other proceedings 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.

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 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 Ports

be 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 of the United States, or as soon after as may be, the judges of the supreme court attending at such session shall, in writing subscribed with their names (which writing shall be lodged with the clerk of the supreme court and safely kept in his office), assign to the said judges respectively the circuits which they are to attend at the ensuing sessions of the 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)

Session of

1789, ch. 20.

SEC. 4. And be it further enacted, That the district court for the 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, 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 June next, shall now be returnable and held continued to the same court, on the third Tuesday of June next.

1802, ch. 31,

sec. 22.

lina altered.

1797, ch. 27,

SEC. 5. And be it further enacted, That the stated district courts and of N. Carofor the district of North Carolina shall, in future, be held at the towns of Newbern, Wilmington and Edenton in rotation, beginning at Newbern, as the said court now stands adjourned. APPROVED, April 13, 1792.

sec. 2.

STATUTE I.

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 United States of America in Congress assembled, That from and after the third day of March one thousand seven hundred and ninety-three, the House of Representatives shall be composed of members elected agreeably to a ratio of one member for every thirty-three thousand persons in each state, computed according to the rule prescribed by the constitution; that is to say: Within the state of New Hampshire, four; within the state of Massachussetts, fourteen; within the state of Vermont, two; within the state of Rhode Island, two; within the state of Connecticut, seven; within the state of New York, ten; within the state 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.

[Obsolete.] Apportionment of representatives to Congress acenumeration. cording to first

1791, ch. 9. 1802, ch. 1. 1811, ch. 9. 1820, ch. 37. 1832, ch. 91.

1842, ch. 25.

(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.

Y

STATUTE I.

April 14, 1792.

Duty of Consuls and district judges conCorning wrecks.

Duty of Marshals.

Where commitments shall be made.

CHAP. XXIV.-An Act concerning Consuls and Vice-Consuls.

For carrying into full effect the convention between the King of the French, and the United States of America, entered into for the purpose of defining and establishing the functions and privileges of their respective Consuls and Vice-Consuls;

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where 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 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 their aid according to the tenor of the stipulations.

And whenever commitments to the jails of the country shall become 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. 23; 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 government. 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.

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 have right in the ports or places to which they are or may be severally 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 than seamen belonging to any ship or vessel who shall die within their consulate; leaving there no legal representative, partner in trade or 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 due to the deceased in the country where he died, and pay the debts due from his estate which he shall have there contracted; shall sell at auction after reasonable public notice such part of the estate as shall be of a perishable nature and such further part, if any, as shall be necessary for the payment of his debts, and at the expiration of one year from his decease, the residue; and the balance of the estate they shall transmit 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.

one

For the information of the representative of the deceased, it shall be the duty of the consul or vice-consul authorized to proceed as aforesaid in the settlement of his estate, immediately to notify his death in of the gazettes published in the consulate, and also to the Secretary of 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 the deceased taken as before directed.

Right of Con

suls and Vice Consuls,

to take charge of personal estates of deceased per

sons, &c.

To collect

debts, &c. and transmit balTreasury of te U. S. if not called

ance to the

for by legal represen. tative.

Consul to no

tify the death in a gazette pub. lished in the consulate.

sels.

Duty

SEC. 3. And be it further enacted, That the said consuls and viceconsuls, in cases where ships or vessels of the United States shall be stranded 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.

as to

ves

Consuls to receipt for them.

President au

thorized to grant a salary to Con

suls in Barbary.

1797, ch. 12.

Consuls to

give bond with approved by the Secretary of State;

sureties to be

where to be lodged.

Provision for mariners left in foreign ports.

Repealed by the fifth section

of the Act of Feb. 28, 1803.

Duty of masters of vessels

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.

And it shall be the duty of the consuls and vice-consuls of the United 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.

SEC. 5. And be it further enacted, That in case it be found necessary for the interest of the United States, that a consul or consuls be appointed to reside on the coast of Barbary, the President be authorized to allow 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.

SEC. 6. And be it further enacted, That every consul and vice-consul shall, before they enter on the execution of their trusts, or if already in the execution of the same, within one year from the passing of this act, or if resident in Asia, within two years, give bond with such sureties as 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 may come into his possession by virtue of this act and the said bond shall be lodged in the office of the Secretary of the Treasury.

SEC. 7. And be it further enacted, That to prevent the mariners and seamen, employed in vessels belonging to citizens of the United States, in cases of shipwreck, sickness or captivity, from suffering in foreign 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 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 jurisdiction.

SEC. 8. And be it further enacted, That where a ship or vessel belongrespecting 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 neglecting it. 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,