Abbildungen der Seite
PDF
EPUB

CHAPTER 6.

GENERAL LAWS RELATING TO THE CONTINUED ORGANIZATION OF THE GOVERNMENT, AND PROVIDING THE AUTHORITIES AND MEANS OF EXECUTING THE CONSTITUTION, IN CERTAIN CONTINGENCIES, AND FOR OTHER PURPOSES.

These acts and parts of acts, forming a peculiar class of general import, being spread through the mass of laws, a copy of which is not always accessible, are inserted here for public convenience. They prescribe the forms of oaths to support the Constitution, &c.; authorize oaths to be administered by the presiding officers of the two Houses, and chairmen of the committees of Congress; relate to the election of President and Vice President; declare the officer who shall act as President in case of vacancies in offices, both of President and Vice President; provide compensation to the President and Vice President; to messengers to deliver electoral votes ; apportion the Representatives in Congress according to the last census, and prescribe the district election of Representatives; establish a uniform time for holding elections for Electors, and prescribe the mode in which the public acts, records, and judicial proceedings, in each State, shall be authenticated so as to take effect in every other State; provide for the protection of Ambassadors and other public ministers; for the preservation of the neutrality of the United States, and establish Little & Brown's edition of the laws and treaties of the United States competent evidence in all the courts and offices of the United States and of the several States, &c.

1. AN ACT to regulate the time and manner of administering certain oaths.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the oath or affir

mation required by the sixth article of the Constitution of the United States, shall be administered in the form following, to wit: "I, A. B., do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States." The said oath or affirmation shall be administered within three days after the passing of this act, by any one member of the Senate, to the President of the Senate, and by him to all the members, and to the Secretary; and by the speaker of the House of Representatives to all the members who have not taken a similar oath, by virtue of a particular resolution of the said House, and to the clerk: And in case of the absence of any member from the service of either House at the time prescribed for taking the said oath or affirmation, the same shall be administered to such member when he shall appear to take his seat.

SEC. 2. And be it further enacted, That at the first session of Congress after every general election of representatives, the oath or affirmation aforesaid shall be administered by any one member of the House of Representatives to the speers and by him to all the members present, and to the clerk, previous to enters on any other business; and to the members who shall afterwards appear, previous to taking their seats. The President of the Senate for the time being, shall also administer the said oath or affirmation to each Senator who shall hereafter be elected, previous to his taking his seat: And many future case of a President of the Senate, who shall not have taken the said oath or affirmation, the same shall be administered to him by any one of the members of the Senate.

SEC. 3. And be it further enacted, That the members of the several State legislatures, at the next sessions of the said legislatures respectively, and all executive and judicial officers of the several States, who have been heretofore chosen or appointed, or who shall be chosen or appointed before the first day of August next, and who shall then be in office, shall, within one month thereafter, take the same oath or affirmation, except where they shall have taken it before; which may be administered by any person authorized by the law of the State, in which such office shall be holden, to administer oaths. And the members of the several State legislatures, and all executive and judicial officers of the several States, who shall be chosen or appointed after the said first day of August, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or persons, who, by the law of the State, shall be authorized to administer the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record or certificate thereof to be made, in the same manner as,

by the law of the State, he or they shall be directed to record or certify the oath of office.

SEC. 4. And be it further enacted, That all officers appointed, or hereafter to be appointed, under the authority of the United States, shall. before they act in their respective offices, take the same oath or affirmation, which shall be administered by the person or persons who shall be authorized by law to administer to such officers their respective oaths of office; and such officers shall incur the same penalties in case of failure, as shall be imposed by law in case of failure in taking their respective oaths of office.

SEC. 5. And be it further enacted, That the Secretary of the Senate, and the Clerk of the House of Representatives, for the time being, shall, at the time of taking the oath or affirmation aforesaid, each take an oath or affirmation in the words following, to wit: "I, A. B., Secretary of the Senate, or Clerk of the House of Represes (as the case may be) of the United States of America, do still smeer or affirm, that I will truly and faithfully discharge the de Bara opice, to the best of my knowledge and abilities."

[graphic]

June 1, 1789

2. AN ACT for the punment cepain crimes against the United

SEC. 25. And be it further enacted, TARY

wri or process shall at any time hereafter be sued fort or peecuted by any person or persons, in any of the courts of the United States any of the courts of a particular State, or by any judge or justice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or State, authorized and received as such by the President of the United States, or any domestic or domestic servant of any such ambassador or other public minister, may be arrested or imprisoned, or his or their goods or chattels be distrained, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void to all intents. construction and purposes whatsoever.

SEC. 26. And be it further enacted, That in case any person or persons shall sue forth or prosecute any such writ or process, such person or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violators of the laws of nations, and disturbers of the public repose, and imprisoned not exceeding three years, and fined at the discretion of the court.

SEC. 27. Provided nevertheless, That no citizen or inhabitant of the United States, who shall have contracted debts prior to his entering into

the service of any ambassador or other public minister, which debts shall be still due and unpaid, shall have, take, or receive any benefit of this act, nor shall any person be proceeded against by virtue of this aci, for having arrested or sued any other domestic servant of any ambassador or other public minister, unless the name of such servant be first registered in the office of the Secretary of State, and by such secretary transmitted to the marshal of the district in which Congress shall reside, who shall, upon receipt thereof, affix the same in some public place in his office, whereto all persons may resort and take copies without fee or reward.

SEC. 28. And be it further enacted, That if any person shall violate any safe-conduct or passport duly obtained and issued under the authority of the United States, or shall assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minister, such person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court.

Approved, April 30, 1790.

3. AN ACT to prescribe the mode in which the public acts, records, and judicial proceedings, in each State, shall be authenticated so as to take effect in every other State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acts of the legislatures of the several States shall be authenticated by having the seal of their respective States affixed thereto :-That the records and judicial proceedings of the courts of any State shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and Judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the State from whence the said records are, or shall be taken.

Approved, May 26, 1790.

4. AN ACT supplemental to the act "establishing the Treasury Department," and for a farther compensation to certain officers.

SEC. 2. And be it further enacted, That each and every clerk, and other officer already appointed in any of the departments of the United States, and who have not, since their appointment, taken the oath or affirma

tion hereafter mentioned,) shall, within fifteen days after the passing of this act, and those who shall hereafter be appointed, shall, before they enter upon the duties of such appointment, take an oath or affirmation, before one of the justices of the Supreme Court, or one of the judges of a district court of the United States, to support the Constitution of the United States, and also an oath or affirmation, well and faithfully to execute the trust committed to him, which oaths or affirmations, subscribed by such clerk, and certified by the person administering the same, shall be filed in the office of the person employing such clerk.

Approved, 3 March, 1791.

5. AN ACT relative to the election of a President and Vice President of the United States, and declaring the officer who shall act as President in cases of vacancies in the offices both of President and Vice President.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That except in case of an election of a President and Vice President of the United States, prior to the ordinary period, as hereinafter specified, electors shall be appointed in each State for the election of a President and Vice President of the United States, within thirty-four days preceding the first Wednesday in December, one thousand seven hundred and ninety-two, and within thirty-four days preceding the first Wednesday in December in every fourth year succeeding the last election, which electors shall be equal to the number of Senators and Representatives to which the several States may, by law, be entitled at the time when the President and Vice President, thus to be chosen, should come into office. Provided always, That where no apportionment of Representativès shall have been made after any enumeration, at the time of choosing electors, then the number of electors shall be according to the existing apportionment of Senators and Representatives.

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 legislature thereof; and the elec tors 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 certifica.es

« ZurückWeiter »