ing the admission or importation of any negro, mulatto, or other person of color, as aforesaid. And they are hereby enjoined vigilantly to carry into effect the said laws of said states, conformably to the provisions of this act, any law of the United States to the contrary notwithstanding.

Approved Feb. 28, 1803, 2d ses. 7th Con..

and district judges concerning wrecks

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 Amer ica, entered into for the purpose of defining and establishing the functions and privileges of their respective consuls and vice-consuls:

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in ConDiity of consuls gress 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 vessel stranded on the coasts of the United States, or that the residence of the said consul or vice-consul (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 herein 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 Duty of marshals. 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.

Where commit ments shall be

And whenever commitments to the jails of the country shall become necessary in pursuance of any made. 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.

And for the direction of the consuls and vice-consuls of the United States in certain cases:

and vice-consuls

SEC. 2. Be it further enacted by the authority aforesaid, Right of consule 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 chuse to make there; and also such as any foreigner may chuse 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 viceconsuls, 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

To take charge of personal estates of de ceased per sons, &c.

To collect debts,

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 representatives. part, if any, as shall be necessary for the payment of his debts, and at the expiration of one year from his disease, 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 transmisson, 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.

and transmit bal

ance to the Trea

sury of the United States, if not called for by legal

Consuls to notify

the death in a

in the consulate.

For the information of the representative of the degazette published ceased, 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 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 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.

Duty as to stranded vessels.

SEC. 3. And be it further enacted, That the said consuls and vice-consuls, in cases where ships or 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 mea

sures, as well for the purpose of saving the said ships or vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandize saved, and for taking an inventory or inventories thereof; and the merchandize 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, or merchandize, 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 Fees. may be lawful 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 chuse to make, the sum of two dollars.

For the taking into possession, inventorying, selling, and finally settling and paying, or transmitting as aforesaid, the balance due on the personal estate left by any citizen of the United States who shall die within the limits of his consulate five per centum on the gross amount of such estate.

For taking into possession and otherwise proceeding on any such estate which shall be delivered over to the legal representative before a final settlement of the same, as is herein before directed, two and an half per centum on such part delivered over as shall not be in money, and five per centum on the gross amount of the residue.

And it shall be the duty of the consuls and vice con- Consuls to receipt suls of the United States, to give receipts for all fees for them.

President author. ized to grant a sal.

Barbary.

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 ary to consuls in 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.

Consuls to give bond with sureties

SEC. 6. And be it further enacted, That every conto be opproved by sul and vice consul shall, before they enter on the exthe Secretary of State. ecution 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 Where to be lodg. possession by virtue of this act: and the said bond shall be lodged in the office of the Secretary of the Treasury.

ed.

Provision for mar

iners left in for

eign ports.

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