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Art. 459. Consuls shall have right in the ports or places to which they are, or may be, severally appointed, of receiving the protests or declarations which captains, masters, crews, passengers, and merchants, citizens of the United States, may respectively make there; and also such as any foreigner may make before them, relative to the personal interest of any citizens of the United States; and the copies of such acts, duly authenticated by the 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.(1) See article 126.
460. They shall, where the laws of the country permit, take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within their consulates, 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. They 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; and 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 appear and demand his effects in their hands, they shall deliver them up, being paid their fees, and shall cease their proceedings.(2)
461. For the information of the representative of the deceased, the consul or vice-consul shall immediately notify his death in one 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 belonged; 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.(2)
462. The consuls and vice-consuls, in cases where vessels of the United States shall be 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 saving such 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 inven. tory or inventories, shall, after deducting therefrom the expense, be delivered to the owner or owners. But no consul or vice-consul shall 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.(3)
463. Every master or commander of a vessel, belonging to citizens of the United States, who shall sail from any port of the United States, shall, on his arrival at a foreign port, deposit his register, sca letter, and Mediterranean passport, with the consul, vice-consul, commercial agent, or vice-commercial agent, and in case of refusal or neglect of the said master or commander, so to deposit the said papers, he shall forfeit and pay five hundred dollars, to be recovered by the consul, vice-consul, commercial agent, or vice-commercial agent, in his own name, for the benefit of the United States, in any court of competent jurisdiction ; and it is the duty of such consul, vice-consul,
(1) Act April 14th, 1792, sec. 2, cl. 1. (2) Ibid. sec. 2, cl. 2.
(3) Ibid. sec. 4.
commercial agent, or vice-commercial agent, on such master or commander producing to him a clearance from the proper officer of the port where his vessel may be, to deliver to such master or commander all of his said papers: Provided, Such master or commander shall have complied with the provisions contained in the act of February 28th, 1803, and those of the act to which it is a supplement.(1)
464. Every consul and vice-consul shall, before they enter on the execution of their trusts, 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, and also for truly accounting for all moneys, goods and effects, which may come into his possession by virtue of the act of 14th April, 1792, and such bond shall be lodged in the office of the secretary of the treasury.(2)
465. If any consul, vice-consul, commercial agent, or vice-commercial agent, shall, falsely and knowingly certify that property belonging to foreigners is property belonging to citizens of the United States, or shall so certify to any invoice or other paper to which his certificate is by law authorized or required, he shall, on conviction thereof, in any court of competent jurisdiction, forfeit and pay a fine not exceeding ten thousand dollars, at the discretion of the court, and be imprisoned for any term not exceeding three years.(3)
466. And if he shall grant a passport, or other paper, certifying that any alien, knowing him or her to be such, is a citizen of the United States, he shall, on conviction thereof, in any court of competent jurisdiction, forfeit and pay a fine not exceeding one thousand dollars.(4)
467. There shall not be paid to any consul appointed to reside at Algiers, a greater sum than at the rate of four thousand dollars per annum, nor to any other consul appointed to reside at any other of the states on the coast of Barbary, a greater sum than at the rate of two thousand dollars per annum, as a compensation for all his personal services and expenses :por shall there be appointed more than one consul for any one of the said states.(5)
469. The consuls of the United States, residing on the Barbary coast, or either of them, shall not expend or pay, or cause to be paid, for any purpose or on any pretence whatever, not authorized by law, to any one of the Barbary powers, or to the officers or subjects thereof, a greater sum than three thou. sand dollars in any one year, with intent to charge the United States with the same, without first obtaining a special approbation in writing from the president for that purpose. And every such consul who shall expend or pay, or cause to be paid, for any purpose or any pretence whatever, not authorized by law, to any one of the Barbary powers, or to the officers or subjarts thereof, a greater sum than three thousand dollars in any one year, or shall be aiding or assisting therein, without first obtaining the approbation of the president, shall forfeit and pay to the treasury of the United States, a sum equal to one-half his yearly compensation; and shall moreover stand charged with and be accountable for all moneys so paid (6)
469. No consul residing on the Barbary coast shall own in whole or in part, any vessel, to be concerned directly or indirectly, with exportation from
(1) Act 28th February, 1803, sec. 2. (4) Act 28th February, 1803, sec. 8. (3) Act 14th April, 1792, sec. 6. (5) Act May 1st, 18ió, sec. 1.-Act
(1) Act 28th February, 1803, sec. 7. 14th April, 1792. Act 3d March, 1835.
(6) Act 1st May, 1810, sec. 4.
or importation to any of the states on the coast of Barbary, of any goods, wares, or merchandise, on penalty that every consul so offending, and being thereof convicted, shall for every offence forfeit a sum not exceeding one thousand dollars.(1)
470. Such consuls shall transmit to the secretary of the treasury, annually, an account of all moneys received, and of all disbursements or expenditures made by them respectively, on account of the United States, and the particular purpose to which the moneys have been applied, and the vouchers to support the same. (See Treasury Department.](2)
471. The specification of certain powers and duties (in the act of 14th April, 1792,] to be exercised or performed by consuls and vice-consuls, shall not be construed to the exclusion of others resulting from the nature of their appointments, or any treaty or convention, under which they may act.(3)
472. Every consul or vice-consul may take the following fees of office, for the services which he shall have performed :(4)
For authenticating, under the consular seal, every protest, declaration, de. position, or other act, which captains, masters, mariners, seamen, passengers, merchants, or others, citizens of the United States, may respectively make, the sum of two dollars :(5)
For taking into possession, inventorying, selling, and finally settling and paying, or transmitting, the balance due on the personal estate left by any citizen of the United States dying within the limits of his consulate, five per centum on the gross amount of such estate :(6)
For taking into possession, and otherwise proceeding on, any such estate which shall be delivered over to the legal representative before a final settle. ment of the same, two and a half per centum on such part as shall not be in money, and five per centum on the gross amount of the residue :(7)
Every consul, vice-consul, commercial agent, or vice-commercial agent, may take for every certificate of discharge of any mariner in a foreign port, fifty cents; and for commission on paying and receiving the amount of wages payable on the discharge of seamen in foreign ports, two and a half per centum :(8)
For every verification and certificate, made under act of first March, 1823, regulating the collection of duties, before a consul or commercial agent, two dollars: Provided, Each shipper shall have the right to include all articles shipped by him in the same invoice.(9)
473. The consuls and vice-consuls shall give receipts for all fees which they shall receive by virtue of law, expressing the particular services for which they are paid.(10)
474. The proper accounting officers of the treasury are directed in set. tling the accounts of the American consul at London, to continue the al. lowance for clerk hire, office rent, stationary, fuel, and other miscellaneous expenses, from the 1st April, 1835, and until otherwise provided by law, in like manner as the same has heretofore been allowed in settling the accounts of the said consulate.(11)
(1) Act 1st May, 1810, sec. 5.
(7) Ibid. sec. 4, cl. 4.
OF THE JUDICIARY.
OF THE ORGANIZATION OF THE JUDICIARY AND OF POWERS COMMON TO
THE SEVERAL COURTS.
Judicial power-how vested 475 Courts may make rules
483 Entent of the power
476 Courts have cognizance of offences Limits to the power
477 against the constitution, and may Oath of judges
478 hold to security of the peace and Judges not to practise law 479 good behaviour
484 Courts may issue writs—what 480 Laws of the respective states to furCourts may order production of nish rules-when-equity suits books, &c.
481 not to be sustained when there is Courts may grant new trials, punish remedy at law
Art. 475. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may, from time to tirne, ordain and establish.* The judges, both of the supreme and inferior court, shall hold their offices during good behaviour; and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office (1)
476. The judicial power shall extend to all cases, in law and equity, arising under the constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and mar.time jurisdiction;t to controversies to which the United States shall be party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state, claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or subjects.(2)
477. The judicial power of the United States shall not be construed to ex. tend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.(3)
478. The justices of the supreme court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the
(1) Con. Art. 3, sec. 1. (2) Ibid. sec. 2.
(3) Amend. Con. art. 9.
Congress cannot vest any portion of the judicial power of the United States except in courts ordained and established by itself.-Martin v. Hunter's less. 1 Wbest. 304, 330. •
† This is taken to refer to the admiralty and maritime jurisdiction of England.C. $. v. M'Gill. 4 Dall. 426, 429.
following oath or affirmation, to wit: “I, A. B., do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as cording to the best of my abilities and understanding, agreeably to the constitution and laws of the United States. So help me God."(1)
479. No judge, appointed under the authority of the United States, shall exercise the profession or employment of counsel or attorney, or be engaged in the practice of the law. And any person offending against this prohibi. tion, shall be deemed guilty of a high misdemeanour.(2)
480. All the courts of the United States may issue writs of scire facias, habeas
corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law. And either of the justices of the supreme court, as well as judges of the district courts, may grant writs of habeas corpus, for the purpose of inquiry into the cause of commitment: but, writs of habeas corpus shall, in no case, extend to prisoners in gaol, unless they are in custody, under or by colour of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.(3)*
Either of the justices of the supreme court, or a judge of any district court of the United States, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases of a prisoner or prisoners, in gaol or confinement, where he or they shall be committed or confined on, or by any authority or law, for any act done, or omitted to be done, in pursuance of a law of the United States, or any order, process, or decree, of any judge or court thereof, any thing in any act of congress to the contrary notwithstanding. And if any person or persons to whom such writ of habeas corpus may be directed, shall refuse to obey the same, or shall neglect or refuse to make return, or shall make a false return thereto, in addition to the remedies already given by law, he or they shall be deemed and taken to be guilty of a misdemeanour, and shall, on conviction before any court of competent jurisdiction, be punished by fine, not ex. ceeding one thousand dollars, and by imprisonment, not exceeding six months, or by either, according to the nature and aggravation of the case.(4)
481. They may, in the trial of actions at law, on motion and due notice thereof being given, require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery; and if a plaintiff shall fail to comply with such order to produce books or writings, the courts respectively, on motion, may give the like judgment for the defendant as in cases of nonsuit ; and if a defendant shall fail to comply with such order, the courts, respectively may, on motion as aforesaid, give judgment against him by default.(5)
482. They may grant new trials, in cases where there has been a trial by
(1) Act Sept. 24th, 1789, sec. 8.
(4) Act March 2, 1833, sec. 7.
* The principles and usages referred to in the foregoing article are those of the common law. And under this section, the courts may devise process for bringing before them, one who has committed an offence of which they have cognizance.
United States v. Burt, appendix, 2d part, 186.