Commissioners. 1. District judges to appoint commissioners to swear appraisers. 2. Circuit courts may appoint commissioners to take bail and affidavits. 3. Their fees. 4. Their powers extended. 6. Power to arrest and bail in criminal cases. To issue process for seamen's wages. 6. To enforce the decisions of foreign consuls between captains and crews of vessels of their own nation. Expenses, how paid. Marshals to execute process. 9 June 1794 1. 7. To execute the fugitive slave law. 8. Territorial courts to appoint commissioners. Their powers. 9. Number of commissioners to be increased. 10. To grant certificates to claimants of fugitive slaves. 12. Power to compel attendance of witnesses under letters roga 13. No marshal or deputy marshal to be a commissioner. 1. That the district judges of the United States be authorized to appoint a commis1 Stat. 395. sioner or commissioners, before whom appraisers of ships or vessels, or goods, wares and District judges to merchandise seized for breaches of any law of the United States, may be sworn or appoint commissioners to swear affirmed; and that such qualifications made before such commissioner or commissioners appraisers. shall be, to all intents and purposes, as effectual as if the same were taken before the said judges in open court. 20 Feb. 1812 1. 2 Stat. 679. Circuit courts may appoint commissioners to take bail and affidavits. Ibid. & 2. Their fees. 1 March 1817 3 Stat. 350.. 1. 2. It shall be lawful for the circuit court of the United States, (a) to be holden in any district in which the present provision, by law, for taking bail and affidavits in civil causes, (in cases where such affidavits are, by law, admissible), is inadequate, or on account of the extent of such district, inconvenient, to appoint such and so many discreet persons, (b) in different parts of the district, as such court shall deem necessary, to take acknowledgments of bail and affidavits; (e) which acknowledgments of bail and affidavits shall have the like force and effect as if taken before any judge of said court; and any person swearing falsely in and by any such affidavit, shall be liable to the same punishment as if the same affidavit had been made or taken before a judge of said court. 3. The like fees shall be allowed for taking such bail and affidavit as are allowed for the like services by the laws of the state, in which any such affidavit or bail shall be taken. 4. The commissioners who now are, or hereafter may be, appointed by virtue of the act entitled "An act for the more convenient taking of affidavits and bail in civil causes, Their powers ex- depending in the courts of the United States," are hereby authorized to take affidavits tended. 23 Aug. 1842 5 Stat. 516. 1. and bail in criminal cases. and bail in civil causes, to be used in the several district courts of the United States, and shall and may exercise all the powers that a justice or judge of any of the courts of the United States may exercise by virtue of the thirtieth section of the act, entitled "An act to establish the judicial courts of the United States.”(d) 5. The commissioners who now are, or hereafter may be, appointed by the circuit courts of the United States to take acknowledgments of bail and affidavits, and also to Power to arrest take depositions of witnesses in civil causes, shall and may exercise all the powers that any justice of the peace or other magistrate of any of the United States may now exercise in respect to offenders for any crime or offence against the United States,(e) by arresting, imprisoning or bailing the same. (g) under and by virtue of the 33d section of the act of the 24th of September, Anno Domini 1789, entitled "An act to establish the judicial courts of the United States;" and who shall and may exercise all the powers that any judge or justice of the peace may exercise under and in virtue of the 6th section To issue process of the act passed the 20th of July, Anno Domini 1790, (h) entitled "An act for the government and regulation of seamen in the merchant service."(i) for seamen's 6. Whereas, in the treaty between the United States and his majesty the king of Prussia, it is provided that "the consuls, vice-consuls and commercial agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests between captains are committed to their charge, without the interference of the local authorities, unless sels of their own the conduct of the crews or the captain should disturb the order or tranquillity of the country, or the said consuls, vice-consuls or commercial agents, should require their assistance to cause their decisions to be carried into effect or supported ;" and whereas a and crews of ves nation. (a) Whitney v. Huntt, 5 Cr. C. C. 120. (b) Gray v. Tunstall. Hemp. 558. (c) By act 16 September 1850, it is provided that in all cases in which under the laws of the United States, oaths or affirmations, or acknowledgments may be taken or made, before any justice or justices of the peace of any state or territory, such oaths affirmations or acknowledgments may be also taken or made by or before any commissioner appointed, or to be appointed by any circuit court of the United States, under any act of congress authorizing the appointment of commissioners to take bail, affidavits or depositions, in cases pending in courts of the United States. 9 Stat 458. (d) 1 Stat. 88. See tit. "Evidence," 5. The same powers are conferred on the clerks of the circuit and district courts, by act 26 February 1853. See tit. "Fees," 9. (e) A recognisance taken by a commissioner conditioned for the appearance of the principal to answer a charge which does not appear upon its face to be an offence punishable by any act of congress, is void, and creates no obligation on the parties. United States v. Hand, 6 McLean, 274, (g) The power of the commissioner, under these laws, is to arrest. to imprison and to bail, for any crime or offence against the United States, and is commensurate with the power residing for the same purposes in any judge of the United States. 4 Opin. 206-7. United States v. Ruudlett. 2 Curt. C. C. 41. (h) A certificate, under this section, must show on its face that the commissioner had authority to act. Kief v. The Steamer Lon don, 6 McLean, 184. (They do not possess the power to try and commit for deser tion under 7 of the act 20 July 1790. Ex parte Crandall, 2 Cal See 4 Opin. 233, as to their compensation. 144. similar provision, in substance, exists in other treaties of the United States with some 8 August 184. other foreign powers; and whereas no jurisdiction is given by law to any courts or magistrates in the United States to carry into effect the said provisions; for the remedy hereof Be it enacted, That the district and circuit courts of the United States, and the ommissioners who now are, or shall be hereafter, appointed by the circuit courts of the United States to take acknowledgments of bail and affidavits, and also to take depositions of witnesses in civil causes, and to exercise the powers of any justice of the peace in respect to offenders for any crime or offence against the United States, by arresting, imprisoning or bailing the same under and in virtue of the laws of the United States, shall have full power, authority and jurisdiction, upon the application or petition of the said consuls, vice-consuls or commercial agents, requiring their assistance to carry into effect the award or arbitration, or decree of any such consuls, vice-consuls or commercial agents in the premises, according to the true intent and meaning of such award and arbitration or decree; and for this purpose shall have full authority to issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration or decree, and to enforce obedience thereto, by imprisonment in the common jail or other place of imprisonment in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration or decree shall be complied with, or the parties shall be otherwise discharged therefrom, by the consent, in writing, of such consuls, vice-consuls or commercial agents, or their successors in office, or by the authority of the foreign government by which such consuls, vice-consuls or commercial agents are appointed: Provided however, That the Expenses, how paid. 3 expenses of the said imprisonment, if any, and the maintenance of the prisoners, and the costs of the proceedings, shall be borne by such foreign government, or by its consuls, vice-consuls or commercial agents, requiring such imprisonment. And the marshals Marshals to exe of the United States and their deputies shall have full authority, and shall be bound to serve all such process, and do all other acts necessary and proper to carry into full effect all and singular the premises under the authority of the said courts, or of the said commissioners. cute process. law. 9 Stat. 462. 7. The persons who have been, or may hereafter be, appointed commissioners, in virtue 18 Sept. 1850 § L of any act of congress, by the circuit courts of the United States, and who, in consequence of such appointment, are authorized to exercise the powers that any justice of the peace, To execute the or other magistrate of any of the United States, may exercise in respect to offenders for fuitive slave any crime or offence against the United States, by arresting, imprisoning or bailing the same under and by virtue of the 33d section of the act of the 24th of September 1789, entitled "An act to establish the judicial courts of the United States," shall be, and are hereby, authorized and required to exercise and discharge all the powers and duties conferred by this act. (a) Ibid. ? 2. missioners. 8. The superior court of each organized territory of the United States shall have the same power to appoint commissioners to take acknowledgments of bail and affidavits and Territorial courts to take depositions of witnesses in civil causes which is now possessed by the circuit to appoint comcourt of the United States; and all commissioners who shall hereafter be appointed for such purposes by the superior court of any organized territory of the United States, shall possess all the powers, and exercise all the duties conferred by law upon the Their powers. commissioners appointed by the circuit courts of the United States for similar purposes, and shall moreover exercise and discharge all the powers and duties conferred by this act. Ibid. 23. 9. The circuit courts of the United States, and the superior courts of each organized territory of the United States, shall from time to time enlarge the number of com- Number of commissioners, with a view to afford reasonable facilities to reclaim fugitives from labor, and missioners to be to the prompt discharge of the duties imposed by this act. increased. Ibid. 4. cates to claimants of fugitive slaves. 10. The commissioners above named shall have concurrent jurisdiction with the judges of the circuit and district courts of the United States, in their respective circuits To grant certifi and districts within the several states, and the judges of the superior courts of the territories, severally and collectively, in term-time, and vacation; and shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the state or territory from which such persons may have escaped or fled.(b) 11. The commissioners who now are, or hereafter may be appointed by the circuit 24 Feb. 1855 1. courts of the United States, to take acknowledgments of bail, and for other purposes, (a) This act simply substitutes commissioners in place of the state magistrates to whom the set of 1793 confided the same powers. 1 Blatch. 635. There can be no doubt of its constitutionality. Case of Henry Long, 3 Am. L. J. 204. The authority conferred upon commissioners, and its making no provision for a trial by jury, do not make it unconstitutional. Sims' Case, 4 Law Rep. 17. Prigg v. Pennsylvania, 16 Pet. 539. 1 Blatch. 635. A commissioner empowered to issue a warrant under 10 Stat. 614 the fugitive slave law, must be such an one as is particularly described in that act. United States v. Stowell, 2 Curt. C. C. 153. (b) They are also, by act 12 August 1848, authorized to hear and deride cases under the act for the extradition of foreign criminals. 9 Stat 302. And in such cases, the state courts have no power to revise their proceedings on habeas corpus. 6 Opin. 239. 24 Feb. 1855. may and shall exercise all the powers conferred on any court, judge or other magistrate To arrest desert by the act approved the 2d day of March 1829, entitled "An act to provide for the ers from foreign apprehension and delivery of deserters from certain foreign vessels in the ports of the United States." (a) ressels. 2 March 18552. 10 Stat. 630. 12. Where letters rogatory shall have been addressed, from any court of a foreign country to any circuit court of the United States, and a United States commissioner Power to compel designated by said circuit court to make the examination of witnesses in said letters witnesses under mentioned, said commissioner shall be empowered to compel the witnesses to appear and letters rogatory. depose in the same manner as to appear and testify in court.(b) attendance of 16 Aug. 1856 13. 11 Stat. 50, 13. No marshal, or deputy marshal, of any of the courts of the United States, shall hold or exercise the duties of commissioner of any of said courts, nor receive compensation therefor. I. MEETING OF CONGRESS. Congress. [See CENSUS. CLAIMS. CONTRACTS.] 16. To make annual reports of the disbursement of the contin 1. When the president may convene congress at another place. gent funds. To require returns from disbursing officers. II. COMPENSATION OF MEMBERS. 2. Salary and mileage. How payable. IV. CONTINGENT FUND. 17. Not to be applied to other than ordinary expenditures. Pur 3. Additional compensation of president of the senate and chases to be confined to home productions. speaker of the house. 1 Stat. 353. When the presi 18. No extra allowances to be paid out of contingent funds. 19. How contingent fund of the senate to be disbursed. 21. How deposited and drawn. V. JOURNALS OF CONGRESS. 22. Additional copies of journals and documents to be printed. How distributed. 23. Further increase authorized. 24. Certified copies of, to be evidence. 25. Fees for copies. 26. Additional number to be printed. 27. Distribution of journals, &c. 28. Number reduced. 29. Distribution to colleges, &c. I. MEETING OF CONGRESS. 3 April 1794 1. 1. Whenever the congress shall be about to convene, and, from the prevalence of contagious sickness or the existence of other circumstances, it would, in the opinion of the president of the United States, be hazardous to the lives or health of the members to meet at the place to which the congress shall then stand adjourned, or at which it shall be next by law to meet, the president shall be, and he is hereby authorized, by proclamation, to convene the congress at such other place as he may judge proper. dent may con vene congress at another place. 16 Aug. 1856 1. 11 Stat. 48. age. How payable. II. COMPENSATION OF MEMBERS. 2. The compensation of each senator, representative and delegate in congress shall be six thousand dollars for each congress, and mileage as now provided by law (c) for Salary and mile two sessions only, to be paid in manner following, to wit: on the first day of each regular session, each senator, representative and delegate shall receive his mileage for one session, and on the first day of each month thereafter during such session, compensation at the rate of three thousand dollars per annum during the continuance of such session, and at the end of such session he shall receive the residue of his salary due to him at such time at the rate aforesaid still unpaid; and at the beginning of the second regular session of the congress, each senator, representative and delegate shall receive his mileage for such second session, and monthly, during such session, compensation at the rate of three thousand dollars per annum till the fourth day of March, terminating the congress, and on that day each senator, representative and delegate shall be entitled to receive any balance of the six thousand dollars not theretofore paid in the said monthly instalments as above directed. Ibid. 2. Additional compensation of president of the senate and speaker of the house. 3. The president of the senate pro tempore, when there shall be no vice president, or the vice president shall have become president of the United States, shall receive the compensation provided by law for the vice president; and the speaker of the house of representatives shall receive double the compensation above provided for representatives, payable at the times and in the manner above provided for payment of the compensation of representatives. (a) 4 Stat. 359. This act, making provision for the surrender of Jeserting seamen, applies only to the seamen of governments with whom a treaty exists to that effect. 6 Opin. 148. (b) See act 24 January 1827, for the mode of compelling the attendance of witnesses, under a commission issued by any of the courts of the United States. 4 Stat. 197. (c) That is, by act 22 January 1818, "eight dollars for every twenty miles of estimated distance, by the most usual road from his place of residence, to the seat of congress, at the commencement and end of every such session and meeting." 3 Stat. 404. 4. In the event of the death of any senator, representative or delegate prior to the 16 Aug. 1856 3 4. commencement of the first session of the congress, he shall be neither entitled to mileage Provision in case or compensation; and in the event of death after the commencement of any session, his of death of memrepresentative shall be entitled to receive so much of his compensation, computed at the rate of three thousand dollars per annum, as he may not have received; and any mileage that may have actually accrued and be due and unpaid. ber. be deducted. 5. If any books shall hereafter be ordered to and received by members of congress by Ibid. 25. a resolution of either or both houses of congress, the price paid for the same shall be Price of books to deducted from the compensation herein before provided for such member or members: Provided however, That this shall not extend to books ordered to be printed by the public printer during the congress for which the said member shall have been elected. 6. It shall be the duty of the sergeant-at-arms of the house and secretary of the senate Ibid. 26. respectively, to deduct from the monthly payments of members as herein provided for, Deduction in case the amount of his compensation for each day that such member shall be absent from the house or senate respectively, unless such representative, senator or delegate shall assign as the reason for such absence, the sickness of himself or of some member of his family. 7. The said compensation, which shall be due to the members of the senate, shall be 22 Jan. 1818 2 3. certified by the president thereof, and that which shall be due to the representatives and delegates, shall be certified by the speaker; and the same shall be passed as public accounts, and paid out of the public treasury. of absence. 3 Stat. 404. 9 Stat. 523. conclusive. 8. It is hereby declared that, according to the true interpretation of the third section 20 Sept. 1850 § L of the act entitled "An act allowing compensation to the members of the senate, members of the house of representatives of the United States, and to the delegates of the Certificates to be territories, and repealing all other laws on that subject," approved 22d January 1818, all certificates which have been or may be granted by the presiding officers of the senate and house of representatives respectively, of the amount of compensation due to the members of their several houses, and to such delegates, are, and ought to be, deemed, held and taken, and are hereby declared to be, conclusive upon all the departments and officers of the government of the United States. (a) III. CLERKS OF CONGRESS. 1 Stat. 24. office. 9. The secretary of the senate, and the clerk of the house of representatives for the 1 June 1789 3 5. time being, shall, at the time of taking the oath or affirmation aforesaid, each take an bath or affirmation in the words following, to wit: "I, A. B., secretary of the senate, or Their oath of clerk of the house of representatives (as the case may be) of the United States of America, do solemnly swear or affirm, that I will truly and faithfully discharge the duties of my said office, to the best of my knowledge and abilities." 3 Stat. 212. 10. It shall be the duty of the secretary of the senate(b) and clerk of the house of 23 Feb. 1815 1. representatives respectively, within ten days after the passage of this act, to give bond to the United States, with one or more sureties, to be approved by the comptroller of the To give bond. treasury; each bond in the penal sum of twenty thousand dollars, with condition for the faithful application and disbursement of such contingent funds of the respective houses, Condition. as shall come into their hands, which bonds shall be deposited in the comptroller's office: And it shall be the duty of each and every secretary of the senate, and clerk of the house of representatives, who may hereafter be chosen, to give bond as aforesaid, within thirty days after he enters upon the discharge of the duties of his said office. 3 Stat. 249. 11. The secretary of the senate and the clerk of the house of representatives be 3 March 1815. directed, immediately after the adjournment of the present and each succeeding congress, to advertise three weeks successively, in two newspapers printed in the District of Co- To advertise for proposals for lumbia, for proposals for supplying the senate and house of representatives during the printing and succeeding congress, with the necessary stationery and printing; which advertisement stationery. shall describe the kind of stationery and printing required: and that the proposals to be made be accompanied with sufficient security for their performance. And it shall be the duty of the secretary and clerk aforesaid, in the month of April thereafter, to notify the lowest bidder or bidders (whose securities are deemed sufficient) of the acceptance of his or their proposals: Provided, That this resolution shall not be so construed as to prevent the secretary and clerk aforesaid from contracting for separate parts of the supplies of stationery and printing required to be furnished. 3 Stat. 431. 12. The secretary of the senate and clerk of the house of representatives shall seve- 18 April 1818 & L rally receive the sum of three thousand dollars annually, payable quarterly, as heretofore; and that their principal clerks shall receive one thousand eight hundred dollars Salaries. each, and their engrossing clerks one thousand five hundred dollars each. 3 Stat. 789. 13. The secretary of the senate and the clerk of the house of representatives be, and 1 March 1823. they are hereby required to lay before the two houses, respectively, at the commencement of each session of congress, a table or statement showing the names and compen (a) This act is only declaratory of the existing law. 5 Opin. 191. (b) See infra, 20, as to the bond of the secretary of the senate. 1 March 1823. To furnish an nual statements of disbursements, &c. 24 May 1828. 4 Stat. 322. printing for congress. sation of the clerks employed in their respective offices, and the names and compensation of the messengers of the respective houses; together with the detailed statement of the items of expenditure of the contingent fund of the respective houses for the next immediately preceding year; in which statement the disbursements shall be arranged under the following heads, to wit: first, printing; second, stationery, and distinguishing under this head the articles furnished for the use of the members, from those furnished for the offices of the secretary and clerk, and specifying the number of reams of each kind of paper; third, bookbinding; fourth, fuel; fifth, newspapers, specifying under this head the amount of orders given at the preceding session, as well as the payments made; sixth, the post-offices; seventh, the repairs and preservation of the furniture; eighth, services of messengers and horses; ninth, miscellaneous items not included under the preceding heads. Which statements shall exhibit, also, the several sums drawn by the said secretary and clerk, respectively, from the treasury, and the balances, if any, remaining in their hands.(a) 14. After the termination of the present session of congress, it shall be the duty of the secretary of the senate and clerk of the house of representatives, so to regulate and To regulate the direct the printing of the respective houses as to abolish the practice of making "title pages" to executive documents, reports of committees, memorials or any other documents, unless the same shall be so directed by them, and that the whole matter shall In what manner. follow in close order, from the first page. And they shall further direct, that the printing of the yeas and nays of the journal shall be in consecutive order, as ordinary matter. They shall also so regulate the printing of the executive documents, as to have the respective communications from the president and heads of departments bound in distinet volumes; and they may also so change the form of the volume, by increasing its size, as to combine the greatest quantity of matter with the greatest economy in the execution of the work. 4 July 1836 26. 5 Stat. 117. To publish an 15. It shall be the duty of the secretary of the senate and clerk of the house of representatives as soon as may be after the close of the present session, and of each succeeding session, to prepare and publish a statement of all appropriations made during of appropriations, the session, and also a statement of the new officers created and the salaries of each, offices, &c. and also a statement of the offices the salaries of which are increased and the amount of such increase. nual statements 26 Aug. 1842 2 20. 5 Stat. 527. reports of the funds. 16. It shall be the duty of the secretary of the senate, at the commencement of every regular session of congress, to report to the senate, and of the clerk of the house of To make annual representatives to report to the house, and of the head of each department to report to dist ursement of congress, a detailed statement of the manner in which the contingent fund for each the contingent house, and of their respective departments, and for the bureaus and offices therein, has been expended, giving the names of every person to whom any portion thereof has been paid; and if for anything furnished, the quantity and price; and if for any services rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary; and the amount of all former appropriations in each case on hand, either in the treasury or in the hands of any disbursing officer or agent. And they shall require of the disbursing officers, acting under their direction or authority, the return of precise and analytical statements and receipts for all the moneys which may have been, from time to time during the next preceding year, expended by them; and the results of such returns and the sums total shall be communicated annually to congress, by the said officers, respectively. To require re turns from dis bursing officers. 5 Stat. 681. IV. CONTINGENT FUND. 17 June 1844 31. 17. No part of the sums appropriated for the contingent expenses of either house of congress shall be applied to any other than the ordinary expenditures of the senate and Not to be applied house of representatives, nor as extra allowance to any clerk, messenger or other to other than ordinary expenditures. attendant of the said two houses, or either of them; nor as payment or compensation te any clerk, messenger or other attendant of the said two houses, or either of them, unless such clerk, messenger, or other attendant, be so employed by a resolution or order of Purchases to be one of said houses. And provided also, That the secretary of the senate and the clerk confined to home of the house of representatives be directed, in the future disbursements of the public productions. moneys for the use of their respective bodies, to confine their purchases exclusively to articles the growth and manufacture of the United States, provided the same can be procured of such growth and manufacture, of suitable quality and at reasonable prices upon as good terms as to quality and price as can be obtained of foreign growth and manufacture. 18. No part of the appropriations which may be made for the contingent expenses of either house of congress, shall be applied to any other than the ordinary expenditures (a) See act 9 May 1836 2 2. 5 Stat. 25. |