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. 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 hereinbefore directed, two and a 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 moneys, 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.

[NOVEMBER, 1791.

consul or vice consul, in his own name, in any court of competent jurisdiction.

SEC. 8. And be it further enacted, That citizens of the United States appointed to reside in foreign ports and places as consuls or vice consuls of the United States, shall be enabled to own any ships or vessels in their own names, respectively, or in partnership with any other citizen or citizens of the United States residing within the said States, and be entitled to all the privileges and advantages in regard to such ships or vessels, as if such consuls or vice consuls, owning said ships or vessels, actually resided within any port or place within the United States; any law to the contrary notwithstanding. SEC. 9. And be it further enacted, That where a ship or vessel belonging to citizens of the United States is sold in a foreign port or place, the master, unless the crew are liable by their contract, or do consent to be discharged there, shall send them back to the State where they entered on board, or furnish them with means sufficient for their return, to be ascertained by the consul or vice consul of the United States having jurisdiction of the port or place. And in case of the master's refusal, the said consul or vice consul may (if the laws of the land permit it) cause his ship, goods, and person, to be arrested and held until he shall comply with his duty herein.

SEC. 10. And be it further enacted, That the specification of certain powers and duties in this act, to be exercised or performed by the consuls and vice consuls of the United States, 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.

the bill to determine the time of choosing Electors The Senate proceeded in the second reading of of President and Vice President, and, after agreeing to sundry amendments,

Ordered, That this bill pass to a third reading. The Senate proceeded in the second reading of the bill sent from the House of Representatives for concurrence, entitled "An act apportioning Representatives among the people of the several States, according to the first enumeration;" and, after debate, the further consideration thereof was postponed.

The petition of John Arthur and others, of the city of New York, distillers of Geneva spirits, was read, in which they pray for such alterations in the mode of collecting the excise on that article as Congress may think expedient. Secretary of the Treasury. Ordered, That the petition be referred to the

DECEMBER, 1791.]

[SENATE.

SEC. 2. And be it further enacted, That the Electors shall meet and give their votes on the said first Wednesday in December, at such place in each State as shall be directed by the authority thereof; and the Electors in each State shall make and sign three certificates of all the votes by them given, and shall seal up the same, certifying on each that a list of the votes of such State for President and Vice President is contained therein; and shall, by writing, under their hands, or under the hands of a majority of them, appoint a person to take charge of and deliver to the President of the Senate, at the seat of Government, before the first Wednesday in January then next ensuing, one of the said certificates; and the said Electors shall forthwith forward, by the post office, to the President of the Senate, at the seat of Government, one other of the said certificates, and shall forthwith cause the other of the said certificates to be delivered to the Judge of that district in which the said Electors shall assemble.

SEC. 3. And be it further enacted, That the Executive authority of each State shall cause three lists of the names of the Electors of such State to be made and certified, and to be delivered to the Electors on or before the said first Wednesday in December, and the said Electors shall annex one of the said lists to each of the lists of their votes.

SEC. 4. And be it further enacted, That if a list of votes from any State shall not have been received at the seat of Government on the said first Wednesday in January, that then the Secretary of State shall send a special messenger to the district judge in whose custody such list shall have been lodged, who shall forthwith transmit the same to the seat of Government.

SEC. 5. And be it further enacted, That Congress shall be in session on the second Wednesday in February, 1793, and on the second Wednesday in February succeeding every meeting of the Electors; and the said certificates, or so many of them as shall have been received, shall then be opened, the votes counted, and the persons who shall fill the offices of President and Vice President ascertained and declared, agreeably to the

Constitution.

SEC. 6. And be it further enacted, That, in case there shall be no President of the Senate at the seat of Government, on the arrival of the persons intrusted with the lists of the votes of the Electors, then such persons shall deliver the lists of votes in their custody into the office of the Secretary of State, to be safely kept and delivered over, as soon as may be, to the President of the Senate.

SEC. 7. And be it further enacted, That the persons appointed by the Electors to deliver the lists of votes to the President of the Senate, shall be allowed, on the delivery of the said lists, twenty-five cents for every mile of the estimated distance, by the most usual road, from

SEC. 9. And be it further enacted, That in case of removal, death, resignation, or inability, both of the President and Vice President of the United States, the President of the Senate pro tempore, and in case there shall be no President of the Senate, then the Speaker of the House of Representatives for the time being, shall act as President of the United States, until the disability be removed, or a President shall be elected.

SEC. 10. And be it further enacted, That whenever the offices of President and Vice President shall both become vacant, the Secretary of State shall forthwith cause a notification thereof to be made to the Executive of every State, and shall also cause the same to be published in at least one of the newspapers printed in each State, specifying that Electors of the President of the United States shall be appointed or chosen in the several States within thirty-four days preceding the first Wednesday in December then next ensuing: Provided, There shall be the space of two months between the date of such notification and the said first Wednesday in December; but if there shall not be the space of two months between the date of such notification and the first Wednesday in December, and if the term for which the President and Vice President last in office were elected shall not expire on the third day of March next ensuing, then the Secretary of State shall specify in the notification that the Electors shall be appointed or chosen within thirty-four days preceding the first Wednesday in December, in the year next ensuing, within which time the Electors shall accordingly be appointed or chosen; and the Electors shall meet and give their votes on the said first Wednesday in December, and the proceedings and duties of the said Electors, and others, shall be pursuant to the directions prescribed in this act.

SEC. 11. And be it further enacted, That the only evidence of a refusal to accept, or of a resignation of, the office of President or Vice President, shall be an instrument in writing declaring the same, and subscribed by the person refusing to accept, or resigning, as the case may be, and delivered into the office of the Secretary of State.

SEC. 12. And be it further enacted, That the term of four years, for which a President and Vice President shall be elected, shall, in all cases, commence on the fourth day of March next succeeding the day on which the votes of the Electors shall have been given.

The Senate proceeded in the second reading of the bill, sent from the House of Representatives for concurrence, entitled "An act apportioning Representatives among the people of the several States, according to the first enumeration;" and,

Ordered, That Messrs. ELLSWORTH, BURR, BUTLER, STRONG, and MONROE, be a committee to revise the apportionment of Representatives in the bill.

THURSDAY, December 1.

A message from the House of Representatives informed the Senate, that the House of Representatives have passed the bill, entitled "An act for the relief of certain widows, orphans, invalids,

and other persons," in which they desire the concurrence of the Senate.

The bill was read the first time, as follows:

An Act for the relief of certain widows, orphans, invalids, and other persons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Comptroller of the Treasury adjust the claims of the widows and orphans, respectively, as the case may be, of the late Captain Robert Lewis, Colonel William Douglass, Colonel Owen Roberts, Major Andrew Leitch, Captain William White, Lieutenant John Harris, Colonel William Bond, Lieutenant Wadleigh Noyes, Lieutenant-colonel Bernard Elliot, Major Samuel Wise, Major Benjamin Huger, Lieutenant John Bush, Major Charles Motte, and Captain Richard Shubrick, deceased, all of whom were killed or died in the service of the United States, for the seven years half pay stipulated by the resolve of Congress of the 24th day of August, 1780; and that the Register of the Treasury do issue his certificates accordingly.

SEC. 2. And be it further enacted, That the Secretary of the Department of War be, and he hereby is, required to place on the invalid list Timothy Mix, disabled in the late war, by the loss of his right hand, while in the service of the United States, at the rate of five dollars per month, to commence on the 4th day of February, 1783: That the said Secretary place on the invalid list Abel Turney, mariner, disabled while in the service of the United States, at the rate of one dollar per month, to commence on the 1st day of January, 1781.

SEC. 3. And be it further enacted, That the arrears of the said pensions be paid as the laws direct in similar

cases.

SEC. 4. And be it further enacted, That the Comptroller of the Treasury be, and he hereby is, directed to adjust the accounts of Joseph Pannill, a Lieutenantcolonel in the service of the United States, during the late war, and to allow him the usual commutation of the half pay for life of a Lieutenant-colonel; and that the Register of the Treasury be, and he hereby is, required to grant a certificate for the amount thereof accordingly: That the Comptroller adjust the account of the late Brigadier-general De Haas, admitting to the credit of the said account such sums as by evidence shall appear to have been advanced for the public service; and that the said Register do grant a certificate for the balance due on such settlement: That the said Comptroller adjust the account of Thomas M'Intire, a Captain in the service of the United States, during the late war, and allow him the usual commutation of the half pay for life of a captain; and that the said Register grant a certificate for the amount thereof accordingly.

SEC. 5. And be it further enacted, That the Comptroller of the Treasury be, and he hereby is, required to adjust the account of Francis Suzor Debevere, a Surgeon's-mate in the service of the United States, during the late war, and who remained in captivity to the end thereof; and that the Register of the Treasury be, and he hereby is, required to grant a certificate for the amount which shall be found due for the services of the said

Francis Suzor Debevere: That the said Comptroller adjust the account of Robert King, as a Lieutenant, deranged upon the principles of the act of the late Congress, passed the 24th day of November, 1778; and that the said Register grant a certificate accordingly: That the Comptroller adjust the account of Lemuel Sherman, as a Sailing-master of a galley on Lake Champlain, and

[DECEMBER, 1791.

as such taken prisoner; and that the said Register grant a certificate accordingly.

SEC. 6. And be it further enacted, That there be granted to Nicholas Ferdinand Westfall, who left the British service and joined the army of the United States, during the late war, one hundred acres of unappropriated land in the western territory of the United States, free of all charges; and, also, the sum of three hundred and sixty-six dollars, out of any money appropriated to the contingent charges of Government.

Ordered, That this bill pass to a second reading.

A message from the House of Representatives informed the Senate that the House of Representatives have passed the bill, entitled "An act for the relief of David Cook and Thomas Campbell;" in which they ask the concurrence of the Senate. The bill was read the first time, as follows:

An Act for the relief of David Cook and Thomas Campbell.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That David Cook, a Captain of artillery in the late war, and who, being shot through the body at the battle of Monmouth, is rendered incapable to obtain his livelihood by labor, shall be placed on the pension list of the United States, and shall be entitled to onethird of his monthly pay as a Captain of artillery: Provided, That he return into the Treasury office two-thirds of his commutation of half pay, being the proportion of his pension to the amount of his commutation.

SEC. 2. And be it further enacted, That Thomas Campbell be placed on the pension list, and that the half pay of a Captain of infantry be allowed to the said Thomas Campbell, who has been so injured by repeated wounds in the service of his country that he is unable to support himself by labor; the half pay to commence trom the 3d day of November, 1791; anything in the ordinance of Congress of the 11th day of July, 1788, to the contrary notwithstanding.

Ordered, That this bill pass to a second reading. The Senate then proceeded in the second reading of the bill, entitled "An act for the relief of certain widows, orphans, invalids, and other per

sons.

WINGATE, MORRIS, and GUNN, to report generally Ordered, That this bill be committed to Messrs.

thereon.

A Letter from the Treasurer of the United States of the 3d instant, together with his specie accounts made up to the 30th of September, 1791, were read; and ordered to lie for consideration.

Mr. ELLSWORTH, from the committee to whom was referred the bill, entitled "An act apportioning Representatives among the people of the several States, according to the first enumeration("