, nuxaSM „ [No. 105, of Vol. lII.] SECOND CONGRESS OF THR UNITED STATES, AT THE FIRST SESSION, Begun and held at the city of Philadelphia, in the State of Penn sylvania, Monday the twenty-fourth of October, one thouland seven hundred and ninety-one. AN ACT for altering the times of holdi'ng the Circuit Courts in certain diftridts of the United States, and for other purposes. Section x. it ena&ed by the Senate and Houfc of Rcpre- X 3 fentatives of the United States of America in Congrcfs afTemblcd, That from and after the pafling this a£l the circuit courts in thediftri&s of North-Carolina and Georgia fhail be held as follows, to wit : In the diftntt of North-Carolina on the firfl day of June, and on the thirtieth day of November, it Newbern in the pre Cent and each succeeding year. And all writs and recogimances returnable and suits and other proceedings that were continued to the cncuit court for the diftritt of North-Caro lina on the eighteenth day of June next, fhail now be returned and held continued to the fame court on the firi\ day of June next. In the diflrift of Georgia, on the 25th day of April, at Savannah, and on the eighth day of November at Augufla,in the pre Tent and each succeeding year, except when any of thole days fhail happen on a Sunday, in which cafe the court (hall be held on the Monday following. Sec. 2. And be it further cna&ed, That the fe (lions of the circuit courts in the eastern circuit, fhail in the present and every succeed ing year commence at the times follow ing, that is to fay, in New- York diftrift on the fifth day of Apul, and the fifth day of Sep tember. In Connecticut diitritl, on the twenty-fifth day of April and rhe twenty-fifth day of September. In Massachusetts diftritf, on the twelfth day of May and the twelfth day of O&ober. In New-Hajmpfhire diftri&, 011 the twenty-iourth day of May and the twenty-fourth day of October—and in Rhode-lfland diftri<fl on the seventh day of June, and the seventh day of November, except when any of those days fhail happen on a Sunday, and then .the feflions (hall commence 011 the next day following. And the felTioni of the circuit court fhail be held in the di(tri£t of Virginia, at the city of Richmond only. In Vew-Hampihire diftrift, at Portsmouth and Exeter alternately, beginning at the firft. In Maffjchufctts diltrict, at Bolton. In Rhode-IHand diftrift, at Newport and Providence alternately, beginning at the firft. In Council cut diitr.fci, at li.itiiord and Ncw-Havcn alternately, be ginning at the last. Aud in New-York, diftri&, at the city of New-York onlv. Sec. 3. And be it enacted, That at each session of the supreme court of ihe United States, or as toon after as mav l>e, the judges of the lupreme court attending at such fefiion (hall in writing fubfcribcd with their names (which writing (hall be lodged with the clei k of the supreme court and fately kept in his office) alligii to the laid judges refpcftively the circuits which they arc to attend at the eiifuiug fefLons of the circuit courts; which alignment /hall he made in such manner that no judge, unlefsby n»s own eon fent, fhail h«>ve attained to him any circuit which he hatli already attended mini the lame hath been afterwards attended by every other of the said judges. Piovided always, That if the public fei vice or the couvtnience of the judge* thall at anytime, in their opinion, require a different arrangement, the fame may take place with the coufent of any four ot the judges ot the supreme court. Sf c. 4. And be it further rnafted, That the diftrift conrt for the ditiriffcof Maine, which, by the ast, intituled "An ast to ef tahliih the judicial courts of the United Slates," is holden on the firlt 1 uefday of June, annuallv, at Portland, shall, from and after the palling of this ast, be holden on the third Tuesday of June, an nually, any thing in the ast aforefaid to the contrary not with • itanding : and all writs and recognizances returnable, and suits and other proceedings, were continued to the diflrift couit for the dift rift of Maine on the fit ft Tuesday of June next, fhail now he returnable and held continued to the fame court, 011 the third Tuesday of June next. Sec. 5. And be it further enaftcd, That the Hated diftrift courts for the diftr'.ft of North-Carolina, shall in future, be held at »ne towns of Newbcrn, Wilmington and EJeuton in rotation, beginning at Newbern, as the laid court now stands adjourned. JONATHAN TRUMBULL, Spgakcr oj the Houje oj Reprejent tires. JOHN ADAMS, Vice-Prsjidevt of the United. States, and Piejident oj the Senate. APPROVED APRIL THE THIRTEENTH, 1792. GEORGE WASHINGTON, President of the United States. AN ACT, concerning Consuls and Vice-Consuls, for carrying into full effecft the Convenrion between the King of the French and the United States of America, entered jnto for the purpose of defining and eltablifhing the functions and privileges of their refpe<sHve Consuls an-d Vice- Consuls. T> Eit enacted by the Senate and Hou r e of Representative °[ the united States of America in Cono;rcf3 afTembled, .Tnat where, in the seventh article of the said convention, it is agreed that when there lhaU be no consul or vice-corn ui o:* tie King of the French, to attend to the f&viiig of the wreck ot any French veifels ifcranded on the coasts of the United titer, or that the residence of the said consul or vice-consul (he not be in: at the place of the wreck) ihall be more distant I,n the 'aid place than that of the competent judge of the country, the latter fha'.l immediately proceed to perform th_* o nee t :erein prescribed; the diftrift jud *e of the United State *of tie diiiri-it la wlu.'j the wre . k (hall happen, ftull Saturday, April 28, 1792. proceed therein, according to the tenor of the said article And in (uch cales it (hall he the dutv of the officers of the cuf toms within whose diftrifts such wrecks (hall happen, to give notice thereof, as soon as may be, to the said jud»e, and to aid and aflift him to perform the duties hereby affiled to him The diftriA judges of the United States (hall aifo, within their re peotave diilricts, be the competent judges, for the purposes cxprefied in the ninth article of the (aid convention, aud it Hull be incumbent on them to give aid to the consuls and vice coniuls of the King of the French, in arresting and securing deserters iro.n vefleis ot the French nation, according to the tenor of the said article. And where, by any article of the said convention, the con and vice-consuls of the King of the French, are entitled to the aid of the competent executive officers of the countrv, in the execution of any precept, the marihals of the United States, and their deputies, ihall, within their refpeftive dif trifts, be the competent oHkers, and ihall give their aid ac cording to the tenor of the ilipulations. And whenever commitments to the jails of the country ihall become neceiTary in pursuance of any ilipulation of the said convention, they ihall be to such jails within the respective diftrifts as other commitments under the authority of the United States are by law made. And for the direction of tlie consuls and vice-consuls of the United States, in certain cases, Be it ena&ed by the authority afore said, That they fliall have right in the ports or places to which they are or may be severally appointed, of receiving thfe protcfts or declarations, which such captains, masters, crews, paflengers and merchants, as are citizens of the United States, may refpe&ively chufe to make there; and also such as any foreigner may chufe to make before them relative to tlie personal interest of any citizens of the United States ; and the copies of the said a<sfcs duly authen ticated by the said consuls or vice-consuls, under the seal of their confulales respectively, ihall receive faith in law, equal ly as their originals would in all courts in the United States. It fliall be their duty where the laws of the country permit, to take poflfeffidn of the personal estate left l>y any citizen of tlx? United States, other than teamen belonging to any ftiip or ves sel who ihall die within their consulate; leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects, they ihall inventory the fame with the aififtance of two merchants of the United States, or for want of them, of any others at tteir choice; fliall collect the debts due to the deceased in the country where lie died, and pay the debts due from his estate which lie £ha:l have there contracted; fliall fell at au&ion, after reasonable public no tice, such part of the estate as ihall be of a-periihable nature, and such further part, if any, as fliall be necelfarv for the pay ment of his debts, and at the expiration of one year from his deceaie, the residue; and the balance of the estate they shall tranOnit to the treasury of the United Stater, to be hoklen in trust for the legal claimants. But if at any time before such tranfmimon, the legal representative of the decealed fliail ap pear and demand his effects in their hands, they shall deliver them up, being paid their fees, and fliall cease their pro ceeding-. For the information of the representative of the deceased, it ftiall be the duty of the consul or vice-consul, authorized to proceed as aforefaid in the settlement of his estate, immedi ately to notify his death in one of the gazettes publiflied in the consulate, and alio to the Secretary of State, that the fame may be notified in the state to which the deceased ftiall belong; and he shall also, as soon as may be, transmit to the Secretary of State an inventory of the efiiefts of the deceased, taken as before directed. And be it further enacted, That the said consuls and vice con%ls, in cases where ftiips or velTels of the United States ftiall be stranded on the coasts of their consulates refpeftively, ftiall, as far as the laws of the country will permit, take pro per measures, as well for the purpose of saving the said ftiips or veil'els, their cargoes and appurtenances, as for ltoring an 4 se curing the effects and merchandize saved, and for taking an in ventory or inventories thereof; and the merchandize and ef fects saved, with the inventory or inventories thereof, taken a? aforefaid, lhall, after deducing therefrom the expense, be delivered to the owner or owners. Provided, That no consul or vice-consul ftiall have authority to take pofiefiion of any such goods, wares, merchandise or other property, when the master, owner or consignee thereof is present, or capable of taking pofTeftion of the fame. yVd be it further enacted, That it ftiall and may be lawful for consul and vice consul of the United States, to take and receive the following fees of office for the fer vices which he shall have performed. For authenticating under the consular seal, every protest, declaration, deposition, or other ast, which such captains, raaf ters, mariners, feainen, paflengers, merchants or others as are citizens of the United States may refpeftively chufe to make, the sum of two dollar?. For the taking into possession, inventorying felling and fi nally fettling and paying, or transmitting as the ba lance due on the personal estate left by any citizen of tie U nited States who (hall die within the limits of his confuiate, five pe" centum on the gross amount of such estate. For taking into possession and otherwise proceeding on any such estate which Jhall be delivered over to the le~ol represent ative before a final settlement of the fame, as is herein before directed, two and an hajf per centum on such part delivered over as shall not be in money, and five per centum on the gross amount cf the residue. And it /hall be tie duty of the consul; and vice-confu's c, the United States, to give receipts for all fees which they (hall receive by virtue of this act, expressing the particular services for which they are paid. And be it further enacted, That in cafe it be found necefTa ry for the interest of the United States, that a consul or con fute be appointed to refute on the coast of Barbary, the Preh dent be authorised to allow an annual falarv, not exceeding two tlioufand dollars to each person so to be appointed : Pro vided, That such salary be not allowed to more than one con sul for any one of the states on the said coast- 417 £ £ [Whole No. 515.] r u Thaterery corifu! ?.nd : r?-c: n lui lhail, before they enter on the execution of t'.,eir trusts, or alrea dv 1,1 the execution of the fame, within one v l ir f ron i the parting of this ast, or if resident ft. Af;a, wit: in rv.-o vear,. give bond with such furetics a- (ha'l be approved l.y the S». re tary ot State, in a ium of not lef* titan two tliouf'and nor more 5 | j. ten t^ dollars, conditioned for the true and faith ill di(charge of the daties of hi", ortice according to ]?.w, and alio tor truly accounting for all monies, floods ar.d effect? which may come into his pofTedion by virtue of this art : an' 1 the (aid bond (hall be lodged in the office of the Secret?.-y of the Treafurv. And be it further enacted, That to prevent the mariners' and seamen, employed in veifels belonging to the citizens of t le United States, in caies of shipwreck, sickness or captivity, from differing in foreign ports, it ihall be the duty of the con ims and vice-consuls respectively, from time to time to pro vide lor them in the mofl: reasonable manner, at the experifb oi t.ie United States, fubjedl to such inftru&ions as the Secre tary of State fliall give r and not exceeding an allowance of twelve cents to a man per diem ; and all mailers arid com manders of vcllels belonging to citizens of the United Stater, and bound to some port of the fame, are hereby required and enjoined to take such mariners or seamen on beard cf their ships or veifels, at the request of the fijid confu's or vice-con fuh rsfpe&ively, and to transport them to the port in the Unit ed otates to which such ships or veflels may be bound, free of cost or charge ; but that the said mariners or seamen ihall, if able, be bound to do duty on board such ships or vefiels accord ing to their several abilities : Provided, Thr.t no master or captain of any fliip or veile!, ihall be obliged to take a great er number thin two men tb every one hundred tons burrhen of the said ship or vellel, on any one voyage : and if a"y irich captain or master fliall refufe the fame on the request or ord. r of the consul or vice-consul, such captain or master (hall foi feit and pay the sum of thirty dollars for each mariner or iea man so refuied, to be recovered for the benefit of the TT :iited States by the said confiii or vice-consul in his own name, in any court of competent jurHdiftion. And be it further enacted, That where a ship or vesT •' be longing to citizens of the United States is fold in a foreign port or place, the master, unless the crew aje liab'e by t cir cor tracl or do consent to be there, fha- 1 fend them c k to the state where they entered on board, or furaifh them v ith means fufficient for their return, to be afcertamed by the con sul or vice-consul oi the United States, having juriffiiftion of the port or place. And in cafe of the masters refufal, the said consul or vice consul may (if the laws of the land permit it) cau r e his ship, goods and person to be arretted and held ur.til he fliall comply with his duty herein. And be it further enacted, That the fpecifrcation of certain powers and duties in this ast, to be exercised or performed by the consuls of the United States, ftiall not be construed to the exclusion of others resulting from the nature of their appoint ments, or any treaty or convention under which they may act. JONATHAN TRUMBULL, Speaker of the HovfeoJ Reprcfentatiies. JOHN ADAMS. Vice-Prejident cj the United States, and Prefidcnt oj the Senate. APTROVED APRIL THE FOURTEENTH, 1792. FROM THE COLUMBIAN HERALD, Printed in Charleston (S. C.) AFTER a neglect of upwards of four years, the scheme for cutting a canal between the Santee and Cooper Rivers, has been lately resumed; as this scheme will in its confeqHen ces prove extremely important to the citizens of this slate, I trust a few reflections on this head will not be thought either idle or useless. This fubjeft, on confideratior, natnrally divides it r elf into two branches. Utility to the public in general, and to the proprietors in particular. To be convinced of it? utility to the public, we have only to infpeft: the map of theCarolinas and the adjacent countries. The produce of the lands (both in North and South-Careiina) bordering on Saluda, Enoree, Tyger, Pacolet and Broad Ri vers, together with those on the Wateree, and the dbTerent branches on the Catawba, and all the other lcfler rivers and creeks which have a communication with the Santee, must ne cefl'arily come to market by this canal; for M ere the boats to go round by Bull's Bay, (letting aside its dangers, though a place almost equal to the Sylla and Charibdis of the ancients) they must add upwards of fourteen days to their journey.— And is it conceivable that they would refufe to avoid ail this, when they might do it for the price of a trifling toll on each boat that pafied through the canal? I fay trifling, for though 25 per cent, is an immense sum to receive as interest, it will be a very small one when divided into the very large number of boats which must inevitably pass through it; it will not a mount to the hundredth part of the sum loft, during the four teen days delay, by the wages of the hands, the interest of the amount of the cargo, and the various other lofies they would sustain The confluence of the easiness of tranfportingucrops tq market, would be an amazing increase of population and fetr tleraents in the back country of this itate, and of N. Cafolia*. Articles of produce, provifious, tobacco, ikins, &c. &c. wouM be at almaft one half their (M'efent price; and Charle&gn, from one of the dearest, would speedily become one of the theapeft place; upon the continent of America. If we look forwards a few years, to the time whoa the po population of the country (which I have already 4hewn this canal will coatribute not a little to haflen) will be greater, we mav reasonably hope far a communication with the we/lern country, by means of the Cherokee or fame other of thaje nu numerous large rivers which form a junvtion with the Ohio; that fucli a communication would render Charleston the fu ft city ia the United States, is too-clear to a4mit of a doubt.— We may therefore expe& ? that every citizen'of Carol::.! GEORGE WASHINGTON, Prejxdent oj the United States.
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