i tion of a senator for a full term; and if a vacancy shall happen during the session of 25 July 1866. Ibid. 2 3. 3. It shall be the duty of the governor of the state from which any senator shall have been chosen as aforesaid, to certify his election, under the seal of the state, to the presi- Certificates of dent of the senate of the United States; which certificate shall be countersigned by the election. secretary of state of the state. II. ELECTION OF REPRESENTATIVES. 12 Stat. 353. 4. From and after the third day of March 1863, the number of members of the house 4 March 1862 2 1. bers. 12 Stat. 411. Representation of California. 5. As the census has never been reliably taken in the state of California until the 2 June 1862 2 1. year 1860, and as it appears that the said state had sufficient population to entitle her to three representatives in the thirty-seventh congress, and as three representatives have been duly elected to the thirty-seventh congress, under the supposition that the said state was entitled to the same, as appears by the certificate of the governor thereof, and as direct taxes have been apportioned to and paid by said state under the census of 1860, therefore the said state shall be allowed three representatives in the thirtyseventh congress, and for that purpose the whole number of representatives is hereby increased one, until the beginning of the thirty-eighth congress. 12 Stat. 572. 6. In each state entitled in the next and any succeeding congress to more than one 14 July 1862 2 1. representative, the number to which such state is or may be hereafter entitled shall be elected by districts composed of contiguous territory, equal in number to the number Members to be elected by single of representatives to which said state may be entitled in the congress for which said districts. election is held, no one district electing more than one representative: Provided, That the provisions of this act shall not apply to the state of California so far as it may affect the election of representatives to the thirty-eighth congress: And provided further, That in the election of representatives to the thirty-eighth congress from the state of Illinois, the additional representative allowed to said state by an act entitled "An act fixing the number of the house of representatives from and after the 3d day of March 1863," approved March 4th 1862, may be elected by the state at large, and the other thirteen representatives to which the state is entitled, by the districts as now prescribed by law in said state, unless the legislature of said state should otherwise provide before the time fixed by law for the election of representatives therein. III. MEETING OF CONGRESS. 14 Stat. 378. 7. In addition to the present regular times of meeting of congress, there shall be a 22 Jan. 1867 2 1. meeting of the fortieth congress of the United States, and of each succeeding congress thereafter, at twelve o'clock, meridian, on the fourth day of March, the day on which Additional sesthe term begins for which the congress is elected, except that when the fourth of sion of congress. March occurs on Sunday, then the meeting shall take place at the same hour on the next succeeding day. 8. No person who was a member of the previous congress shall receive any compensation as mileage, for going to or returning from the additional session provided for by the foregoing section. Ibid. 2. Mileage not to be allowed. 21 Feb. 1867 2 1. 14 Stat. 397. congress. 9. Before the first meeting of the next congress, and of every subsequent congress, the clerk of the next preceding house of representatives shall make a roll of the representative elect, and place thereon the names of all persons claiming seats as repre- Organization of sentatives elect from states which were represented in the next preceding congress, and of such persons only, and whose credentials show that they were regularly elected in accordance with the laws of their states respectively, or the laws of the United States. 10. In case of a vacancy in the office of clerk of the house of representatives, or of absence or inability of said clerk to discharge the duties imposed on him by law or Ibid. 2. (a) Under this and subsequent acts, and the apportionment under the 8th census, the states are entitled to the following representation in congress: 21 Feb. 1867. By whom duties of clerks to be performed, in case of vacancy. 23 Dec. 1857 2 1. 11 Stat. 367. custom, relative to the preparation of the roll of representatives or the organization of the house, the said duties shall devolve on the sergeant-at-arms of the next preceding house of representatives; and in case of vacancies in both of the before-mentioned offices, or of the absence or inability of both the clerk and sergeant-at-arms to act, then the said duties shall be performed by the door-keeper of the next preceding house of representatives. IV. COMPENSATION OF MEMBERS. 11. That the compensation allowed to members of congress by an act entitled "An act to regulate the compensation of members of congress," approved August 16th How compensa 1856, be paid in the following manner, to wit: on the first day of the first session of tion of members to be paid. 3 March 1859 2 1. 11 Stat. 442. each congress, or as soon thereafter as he may be in attendance and apply, each senator, representative and delegate shall receive his mileage, as now provided by law, and all his compensation from the beginning of his term, to be computed at the rate of two hundred and fifty dollars per month, and during the session compensation at the same rate. And on the first day of the second or any subsequent session he shall receive his mileage as now allowed by law, and all compensation which has accrued during the adjournment, at the rate aforesaid, and during said session compensation at the same rate. 12. Whenever, hereafter, any person elected a member of the senate or house of representatives shall die after the commencement of the congress to which he shall have been so elected, compensation shall be computed and paid to his widow, or if no midase anders, widow survive him, to his heirs at law, for the period that shall have elapsed from the Payment to in of of a member. Ibid. § 2. commencement of such congress as aforesaid, to the time of his death, at the rate of three thousand dollars per annum: (a) Provided, however, That compensation shall be computed and paid in all cases for a period of not less than three months: And provided further, That in no case shall constructive mileage be computed or paid. 13. The compensation of each person elected or appointed afterwards to supply the When compensa vacancy so occasioned, shall hereafter be computed and paid from the time the com tion of member elect to com mence. 12 July 18622 17. 12 Stat. 624. Compensation of to fill vacancies. members elected 17 July 1862 2 2. 12 Stat. 628. Penalty for ab sence. 28 July 1866 17. 14 Stat. 323. pensation of his predecessor is hereby directed to be computed and paid for, and not otherwise. 14. In all cases of a vacancy in either house of congress, by death or otherwise, of any member elected or appointed thereto, after the commencement of the congress to which he shall have been elected, each person afterwards elected or appointed to fill such vacancy shall be compensated and paid from the time that the compensation of his predecessor ceased. 15. When any senator or representative shall hereafter withdraw from his seat, in anticipation of the adjournment of congress, and before the adjournment, and does not return, he shall, in addition to the sum now deducted for each day, forfeit a further sum equal to the mileage now allowed by law for his return home; and it shall be deducted from his compensation, unless where said withdrawal is with the leave of the senate or house of representatives respectively. 16. The compensation of each senator, representative and delegate in congress shall be five thousand dollars per annum, to be computed from the first day of the present Salary and mile- congress, and in addition thereto mileage at the rate of twenty cents per mile, to be age. Salary of speaker. Ibid. 18. Additional compensation of officers. 29 March 1867. 15 Stat. 24. estimated by the nearest route usually travelled in going to and returning from each regular session; but nothing herein contained shall affect mileage accounts already accrued under existing laws: Provided, That hereafter mileage accounts of senators shall be certified by the president of the senate, and those of representatives and delegates by the speaker of the house of representatives: And provided further, That the pay of the speaker shall be eight thousand dollars per annum. 17. There be allowed and paid to the officers, clerks, committee clerks, messengers, and all other employés of the senate and house of representatives, and to the Globe and official reporters of each house, and the stenographer of the house, and to the capitol police, and the three superintendents of the public gardens, their clerks and assistants, and to the librarian, assistant librarians, messengers, and other employés of the congressional library, an addition of twenty per cent. on their present pay. 18. Each senator, member of the house of representatives and delegate in congress, after having taken and subscribed the required oath, shall be entitled to receive his Salaries to behly compensation at the end of each month, at the rate now established by law. V. CONTINGENT FUND. 14 Mar. 1864 2 1. 19. No payment shall be made from the contingent fund of either house of congress, 13 Stat. 26. unless sanctioned by the committee to audit and control the contingent expenses of (a) The senate has no power, by resolution, to direct the payment of the salary of a deceased member, to his assignee. Opin. 446. the senate, or the committee on accounts of the house of representatives respectively; 14 March 1864. and no transfer of balances of appropriations shall be made from one fund to another, Payments from except by law. contingent fund, how made. tion. Consuls. [See AMBASSADORS AND PUBLIC MINISTERS, 7: ARMY OF THE UNITED STATES, 159.] Ι. ΑΡΡΟΙΝΤMENT OF CONSULS. 1. President may appoint consuls during the war. Compensa2. When to be subject to act of 1856. Further appointments not to be made. 1. APPOINTMENT OF CONSULS. the war. 1. The president of the United States may, by and with the advice and consent of the 2 August 1861 22. senate, appoint consuls at any foreign ports where he shall deem it advisable, for the 12 Stat. 285. purpose of preventing piracy, with such compensation, not exceeding fifteen hundred President may dollars per annum, as he shall think proper; to hold their offices respectively during the appoint consuls pleasure of the president, and in every case such compensation to cease with the resto- Compensation. ration of internal peace within the United States. And the president may, during the present insurrection, increase the compensation of any consuls in foreign ports, if he shall deem it necessary, so as not however to exceed the sum of fifteen hundred dollare in any case. But this power shall cease with the re-establishment of internal peace as aforesaid. ject to act of 2. Provided, That all consular officers whose respective salaries exceed one thousand 4 Feb. 1862 2 1. dollars per annum shall be subject to the provisions of the fifth section of the act to regu- 12 Stat. 336. late the diplomatic and consular systems of the United States, approved August 18th When to be sub1856; (a) and their respective consulates shall be included in schedule B of the list of 1856. salaried consulates: (b) And provided further, That no appointments of consuls shall Further appoint hereafter be made, nor the compensation of consuls raised, under the act of August 2d made. 1861, (c) except to the places herein mentioned. II. JUDICIAL POWERS OF MINISTERS AND CONSULS. ments not to be of ministers and 3. To carry into full effect the provisions of the treaties of the United States with the 22 June 1860 21. empires of China, Japan and Siam respectively, the ministers and the consuls of the 12 Stat. 72. United States duly appointed to reside in each of the said countries, shall, in addition Judicial powers to other powers and duties imposed upon them respectively by the provisions of such consuls. treaties respectively, be invested with the judicial authority herein described, which shall appertain to the said office of minister and consul, and be a part of the duties belonging thereto wherein the same is allowed by treaty. Ibid. 2. Criminal juris 4. In regard to crimes and misdemeanors, the said public functionaries are hereby fully empowered to arraign and try, in the manner herein provided, all citizens of the United States charged with offences against law, which shall be committed in such diction. countries respectively, and upon conviction to sentence such offenders in the manner herein authorized; and the said functionaries, and each of them, are hereby authorized (a) 1 vol. 184, pl. 55. (b) See acts 20 June 1864, 13 Stat. 138; and 24 January 1865, 13 Stat. 423. (c) Supra 1. 22 June 1860. to issue all such processes as are suitable and necessary to carry this authority into execution. Ibid. 2 3. 5. In regard to civil rights, whether of property or person, the said functionaries are Civil jurisdiction. hereby invested with all the judicial authority necessary to execute the provisions of such treaties respectively, and shall entertain jurisdiction in matters of contract, at the port where or nearest to which the contract was made, or at the port at which or nearest to which it was to be executed; and in all other matters at the port where or nearest to which the cause of controversy arose, or at the port where or nearest to which the damage complained of was sustained, any such port above named being always one of the ports at which the United States are represented by consuls; which jurisdiction shall embrace all controversies between citizens of the United States or others provided for by such treaties respectively. Ibíd. 24. How such jurisdiction to be ex ercised. 6. Such jurisdiction in criminal and civil matters shall in all cases be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as is necessary to execute such treaties respectively, extended over all citizens of the United States in the said countries (and over all others to the extent that the terms of the said treaties respectively justify or require), so far as such laws are suitable to carry the Rules of decision. said treaties into effect; (a) but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies, the common law, including equity and admiralty, shall be extended in like manner over such citizens and others in the said countries; and if defects still remain to be supplied, and neither the common law, including equity and admiralty, nor the statutes of the United States, furnish appropriate and suitable remedies, the ministers in the said countries respectively shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies. Ibid. 2 5. 7. In order to organize and carry into effect the system of jurisprudence demanded Ministers to pre- by such treaties respectively, the said ministers, with the advice of the several consuls scribe forms of process, &c. in each of the said countries respectively, or so many of them as can be conveniently assembled, shall prescribe the forms of all processes which shall be issued by any of said consuls; the mode of executing and the time of returning the same; the manner in which trials shall be conducted, and how the records thereof shall be kept; the form of oaths for Christian witnesses, and the mode of examining all other witnesses; the costs which shall be allowed to the prevailing party, and the fees which shall be paid for judicial services to defray necessary expenses; the manner in which all officers and agents to execute process and to carry this act into effect shall be appointed and compensated; the form of bail-bonds, and the security which shall be required of the party who appeals from the decision of a consul; and generally, without further enumeration, to make all such decrees and regulations, from time to time, under the provisions of this act, as the Rules to be sub- exigency may demand; and all such regulations, decrees and orders shall be plainly mitted to consuls. Ibid. 26. drawn up in writing, and submitted as above provided, for the advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto; and after taking such advice, and considering the same, the minister in the said countries respectively may, nevertheless, by causing the decree, order or regulation to be published with his signature thereto, and the opinions of his advisers inscribed thereon, make it to become binding and obligatory, until annulled or modified by congress; and it shall take effect from the publication, or any subsequent day thereto named in the act. 8. All such regulations, orders and decrees shall, as speedily as may be after publicaRegulations to be tion, be transmitted by the said ministers, with the opinions of their advisers, as drawn tress for revision. up by them severally, to the secretary of state, to be laid before congress for revision. laid before Ibid. 27. Criminal jurisdiction of consuls. Ibid. 28. When without appeal. 9. Each of the consuls aforesaid, at the port for which he is appointed, shall be competent, under the authority herein contained, upon the facts within his own knowledge, or which he has good reason to believe true, or upon complaint made, or information filed in writing and authenticated in such way as shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged with committing in the country an offence against law; and when arrested to arraign and try any such offender; and upon conviction to sentence him to punishment in the manner herein prescribed; always meting out punishment in a manner proportioned to the offence, which punishment shall in all cases, except as is herein otherwise provided, be either fine or imprisonment. 10. Any consul, when sitting alone for the trial of offences or misdemeanors, shall finally decide all cases where the fine imposed does not exceed one hundred dollars, or the term of imprisonment does not exceed sixty days; and there shall be no appeal (a) A consular court, in Japan, cannot, under the treaty with States. 11 Opin. 474. Nor can the court, in a suit by a foreigner Japan and the statutes of the United States, render a judgment against an American merchant, entertain a set-off, further than against a person of foreign birth, not a citizen of the United to the extent of the plaintiff's claim. Ibid. therefrom, except as provided in section eleven of this act. But no fine imposed by 22 June 1860. a consul for a contempt committed in the presence of the court, or for failing to obey a Limitation. summons from the same, shall exceed fifty dollars, nor shall the imprisonment exceed twenty-four hours for the same contempt. Ibid. 29. 11. When sitting alone, he may also decide all cases in which the fine imposed does not exceed five hundred dollars, or the term of imprisonment does not exceed ninety when subject to days; but in all such cases if the fine exceeds one hundred dollars, or the term of appeal. imprisonment for misdemeanor exceeds ninety days, the defendants (or any of them if there be more than one) may take the case, by appeal, before the minister of the United States, if allowed jurisdiction, either upon errors of law or matters of fact, under such rules as may be prescribed by the minister for the prosecution of appeals in such cases. Ibid. 10. the assistance of 12. Whenever, in any case, the consul shall be of opinion that, by reason of the legal questions which may arise therein, assistance will be useful to him, or whenever he when assessors shall be of opinion that a severer punishment than those above specified will be required, to be called to he shall, in either case, summon one or more citizens of the United States, not exceed- consuls. ing four in number, taken by lot from a list of individuals which shall have been submitted previously to the minister for his approval, but in capital cases not less than four, who shall be persons of good repute, and competent to the duty, to sit with him in the trial, and who, after so sitting upon the trial, shall each enter upon the record his judgment and opinion, and sign the same. The consul shall, however, give judgment in the When decision to case; but if his decision is opposed by the opinion of one or more of his associates, minister. the case, without further proceedings, together with the evidence and opinions, shall be referred to the minister for his final adjudication, either by entering up judgment therein, or remitting the same to the consul with instructions how to proceed therewith; but in all such cases, except capital offences, if the consul and his associates concur in opinion, the decision shall be final, except as is provided in section nine of this act. be referred to the Ibid. 11. 13. The consuls aforesaid, and each of them at the port for which he is appointed, shall have jurisdiction as is herein provided, in all civil cases arising under such treaties Civil jurisdiction respectively, wherein the damage demanded does not exceed the sum of five hundred under treaties. dollars; and if he sees fit to decide the same without aid, his decision thereon shall be final; but if, in his judgment, any case involves legal perplexities, and assistance will be useful, or if the damage demanded exceeds five hundred dollars, in either such case, it shall be his duty to summon to his aid, from a list of individuals which shall have been nominated for the purposes of this act to the minister and received his approval, not less than two, nor more than three, citizens of the United States, if such are residing at the port, of good repute and competent to the duty, who shall with him hear any such case; and if the consul and his associates concur in opinion, the judgment shall be final; but if the associates, or any of them, differ from the consul, the opinions of all shall be noted on the record, and each shall subscribe his name to his assent to or dissent from the consul, with such reasons therefor as he thinks proper to assign, and either party may thereupon appeal, under such regulations as may exist, to the minister; but if no appeal is lawfully claimed, the decision of the consul shall be final and conclusive. 14. In all cases, criminal and civil, the evidence shall be taken down in writing in Ibid. 12. open court, under such regulations as may be made for that purpose; and all objections Evidence to be in to the competency or character of testimony shall be noted, with the ruling in all such writing, &c. cases, and the evidence shall be part of the case. ters. 15. The minister of the United States in the country to which he is appointed shall, Ibid. § 13. in addition to his power to make regulations and decrees as herein provided, be fully Appellate jurisauthorized to hear and decide all cases, criminal and civil, which may come before diction of minishim by appeal, under the provisions of this act, and to issue all processes necessary to execute the power conferred upon him; and he is hereby fully empowered to decide finally any case, upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereby; and he may also prescribe the rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon justifiable grounds. 16. In all cases, except as is herein otherwise provided, the punishment of crime provided for by this act shall be by fine or imprisonment, or both, at the discretion of Punishments. the functionary who decides the case, but subject to the regulations herein contained, and such as may hereafter be made. It shall, however, be the duty of each and every functionary, to allot punishment according to the magnitude and aggravation of the offence; and all who refuse or neglect to comply with the sentence passed upon them shall stand committed until they do comply, or are discharged by order of the consul, with the consent of the minister in the country. Ibid. 14. VOL. II.-10 |