18 August 1856. foreign voyage, to annex thereto, in every case, a copy of the rates or tariffs of fees which Copy to be posted shall be allowed in pursuance of the provisions of this act, and then in force; and it in consul's office. shall be the duty of all consular officers at all times to keep up in their offices, respectively, a copy of such rates or tariffs as shall be in force, in a conspicuous place, and subject to the examination of all persons interested therein. Ibid. 17. for fees, &c. tortion. 63. It shall be the duty of all consular officers to give receipts for all fees which shall T give receipts be collected for their official services respectively, expressing the particular services for which the same were collected; and if any such consular officer shall collect, or knowPenalty for ex- ingly allow to be collected for any such service, any other or greater fees than such as shall be allowed pursuant to the provisions of this act for such service, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same shall be paid, treble the amount of said unlawful charge so collected, as a penalty therefor, to be recovered by such person, in any proper form of action, to and for the use of such person, besides costs of suit. And in any such case the secretary of the Penalty and over- treasury is hereby authorized to retain out of the compensation of such officer the amount of such overcharge and of such penalty, and charge the same to such officer in account, and thereupon to refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do. charge to be de ducted from com pensation. Ibid. 18. Fees to be accounted for. neglect to collect fees, &c. Receipts to be numbered. 64. All fees collected at any of the legations, or by the consuls-general, consuls and commercial agents mentioned in schedules B and C, and by vice consuls and vice commercial agents appointed to perform their duties, or by any other persons in their behalf, shall be accounted for to the secretary of the treasury, and held subject to his draft, or other directions. (a) And all such consuls-general, consuls, commercial agents and consular agents, as are allowed for their compensation the whole or any part of the fees Returns of offi- which they may collect pursuant to the provisions of this act, and all vice consuls and cers paid by fees. vice commercial agents appointed to perform the duties of said consuls-general, consuls and commercial agents as are allowed for their compensation the whole or any part of such fees as aforesaid, shall make returns of all such fees as they or any other persons in their behalf shall so collect, in such manner as the secretary of state shall prescribe; and all such fees as shall be so collected, accounted for and reported, shall be reported annually to congress, with the report of the rates or tariffs of fees required by the To be liable for seventeenth section of this act, with a full list of all consular officers: and if any consul-general, consul or commercial agent, mentioned in Schedules B and C, or any vice consul or vice commercial agent, appointed to perform the duty of any such officer mentioned in said schedules B and C, shall omit to collect any fees which he shall be entitled to charge, pursuant to the provisions of this act, for any official service, he shall be liable to the United States therefor, as though he had collected the same, unless, upon good cause shown therefor, the secretary of the treasury shall think proper to remit the same; and every consular officer shall number all receipts given by him for fees received for official services, in the order of their dates, beginning with number one at the commencement of the period of his service, and on the first day of January in every year Account of fees thereafter. And he shall keep a book, in which he shall register all fees so received by him, in the order in which they shall be received, specifying in such register each item of service and the amount received therefor, from whom, and the dates when received, and if for any service connected with any ship or vessel, the name thereof, and indicating what items and amounts are embraced in each receipt given by him therefor, and numbering the same according to the number of the receipts respectively, so that the receipts and register shall correspond with each other; and he shall, in such register, specify the name of the person for whom, and the date when he shall grant, issue or verify any passport, certify any invoice, or perform any other official service in the entry of the receipt of the fees therefor, and also number each consular act so receipted for with the number Copies of con- of such receipt, and as shown by such register. And it shall be the duty of all owners, sular receipts, &c. to be trang agents, consignees, masters and commanders of ships and vessels to whom any receipt for fees shall be given by any consular officer, to furnish a copy thereof to the collector of the district in which such ships and vessels shall first arrive on their return to the United States. And it shall be the duty of every collector to forward to the secretary of the treasury all such copies of receipts as shall have been so furnished to him, and also a statement of all certified invoices which shall come to his office, giving the dates of the certificate, and the names of the persons for whom, and of the consular officers by whom the same were certified; and every consular officer, in rendering his account or report of fees received, shall furnish a full transcript of the register which he is hereby required to keep, under oath or affirmation that the same is true and correct, and that the same contains a full and accurate statement of all fees received by him, or for his use, for his official services as such consular officer, to the best of his knowledge, during (a) For not accounting, they are liable to indictment for embezzlement, under the act of 1844 (9 Stat. 63). 7 Opin. 242. to be kept. mitted to the secretary. Account and report to be sworn to the period for which the same shall purport to be rendered, and that such oath or 18 August 1856 affirmation may be taken before any person having authority to administer oaths and affirmations at the port or place where such consular officer is located. And if any such False swearing to consular officer shall wilfully and corruptly commit perjury, in any such oath or affirma- be perjury. tion, within the intent and meaning of any act of congress now or hereafter made, he may be charged, proceeded against, tried and convicted, and dealt with in the same manner, in all respects, as if such offence had been committed in the United States, before any officer duly authorized therein to administer or take such oath or affirmation, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence. Ibid. 19. than ten days 65. No such officer as is mentioned in the first, second, third, fourth, sixth or seventh sections of this act shall, nor shall any consular agent, be absent from his post, or the Not to absent performance of his duties, for a longer period than ten days at any one time, without themselves mors the permission previously obtained of the president. And no compensation shall be without leave. allowed for the time of any such absence in any case, except cases of sickness; nor Not to correspond with newspapers, shall any diplomatic or consular officer correspond in regard to the public affairs of any foreign government with any private person, newspaper or other periodical, or otherwise than with the proper officers of the United States, nor recommend any person, at home Nor recommend or abroad, for any employment of trust or profit under the government of the country in which he is located; nor ask or accept, for himself or any other person, any present, Nor accept emolument pecuniary, pecuniary favor, office or title of any kind, from any such presents. government. to office. services. commissions on 66. The compensation provided by this act shall be in full for all the services and per- Ibid. 2 20. sonal expenses which shall be rendered or incurred by the officers or persons respectively Compensation to for whom such compensation is provided, of whatever nature or kind such services or be in full of all personal expenses may be, or by whatever treaty, law or instructions such services or personal expenses so rendered or incurred are or shall be required; and no allowance, other than such as is provided by this act, shall be made in any case for the outfit or return home of any such officer or person; and no consular officer shall, nor shall any Not to charge person under any consular officer, make any charge or receive, directly or indirectly, any seamen's extra compensation, by way of commission or otherwise, for receiving or disbursing the wages wages, &c. or extra wages to which any seaman or mariner shall be entitled, who shall be discharged in any foreign country, or for any money advanced to any such seaman or mariner whe shall seek relief from any consulate or commercial agency; nor shall any consular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, boarding, or otherwise supplying, or sending home any such seaman or mariner: Provided, That such prohibition as to profit shall not be construed But may trans to relieve or prevent any such officer who shall be the owner or otherwise interested in port home destiany ship or vessel of the United States, from transporting in such ship or vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation, under and by virtue of the fourth section of the act entitled "An act supplementary to the act concerning consuls and vice consuls, and for the further protection of American seamen," approved February 28th 1803. tute seamen. Ibid. 21. other than citi 67. No compensation provided by this act for any such officer as is mentioned in the first section of this act, or for any assistant secretary of legation, or for any such officer No compensation as is mentioned in Schedules B and C of the third section of this act, or any appropria- to be paid to tion therefor, shall be applicable to the payment of the compensation of any person zens. appointed to or holding any such office after this act shall take effect, who shall not be a citizen of the United States; nor shall any other compensation be allowed in any such case. Ibid. ? 22 Stationery and to be allowed. 68. That the president be, and is hereby, authorized to provide at the public expense all such stationery, blanks, record and other books, seals, presses, flags and signs, as he shall think necessary for the several legations, consulates and commercial agencies in contingencies to be provided. the transaction of their business; and whenever he shall think there is sufficient reason therefor, to allow consuls-general, consuls and commercial agents, who are not allowed to trade, actual expenses of office rent, not to exceed, in any case, ten per centum of the amount of the annual compensation allowed to such officer, and to prescribe such regu- When office rent lations, and make and issue such orders and instructions, not inconsistent with the constitution or any law of the United States, in relation to the duties of all diplomatic and President to pre scribe regulaconsular officers, the transaction of their business, the rendering of accounts and returns tions for transthe payment of compensation, the safe-keeping of the archives and public property in the action of busi hands of all such officers, the communication of information, and the procurement and transmission of the products of the arts, sciences, manufactures, agriculture and commerce, from time to time, as he may think conducive to the public interests; and it shall be the duty of all such officers to conform to such regulations, orders and instructions; ness. 18 August 1956. and it shall be the duty of the secretary of state to publish official notifications from time Secretary to pub to time, of such commercial information communicated to him by such diplomatic and lish official notifi- consular officers, as he may deem important to the public interests, in such newspapers, not to exceed three in number, as he may select, and to report to congress, at least once in each year, a synopsis of so much of the information on all subjects which shall be so communicated to him, as he may deem valuable for public information. cations from conBuls, &c. Ibid. 23. passports. Fees. Penalty for issuing false passports, &c. 69. The secretary of state shall be authorized to grant and issue passports, and cause Who may grant passports to be granted, issued and verified in foreign countries by such diplomatic or consular officers of the United States, and under such rules as the president shall designate and prescribe for and on behalf of the United States, and no other person shall grant, issue or verify any such passport; nor shall any passport be granted or issued to, or verified for, any other persons than citizens of the United States; nor shall any charge be made for granting, issuing or verifying any passport except in a foreign country; and in any case the fee allowed therefor shall not exceed the sum of one dollar, nor shall any such charge be made for more than one such verification in any foreign country; and if any person acting or claiming to act, in any office or capacity, under the United States, or any of the states of the United States, who shall not be lawfully authorized so to do, shall grant, issue or verify any passport, or other instrument in the nature of a passport, to or for any citizen of the United States, or to or for any person claiming to be or designated as such in such passport or verification, or if any consular officer who shall be authorized to grant, issue or verify passports, shall knowingly and wilfully grant, issue or verify any such passport to or for any person not a citizen of the United States, the person so offending shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be imprisoned not exceeding one year, or fined in a sum not to exceed five hundred dollars, or both, and may be charged, proceeded against, tried, convicted and dealt with therefor in the district where he may be arrested or in custody; Return of pass- and it shall be the duty of all persons who shall be authorized, pursuant to the proviports granted. sions of this act, to grant, issue or verify passports, to make return of the same to the secretary of state, in such manner and as often as he shall require; and such return< shall specify the names and all other particulars of the persons to whom the same shall be granted, issued or verified, as embraced in such passport: Provided, That in any country where a legation of the United States is established, no person other than the diplomatic representative of the United States, at such place, shall be permitted to grant or issue any passport, except in the absence therefrom of such representative. Ibid. 2 30. Fees, how payable. &c Ibid. ? 31. 70. All fees collected for and in behalf of the United States, in pursuance of this act, shall be collected in the coin of the United States, or at its representative value in exchange. 71. In the construction, and for the purposes of all other acts and parts of acts which Who to be deem- shall remain in force after this act shall take effect, defining any of the powers, declaring consular officers, of the rights, prescribing any of the duties or imposing any penalty or punishment any for any act of omission or commission of any consul, commercial agent, vice consul or vice commercial agent, or allowing or enjoining the performance of any act, matter or thing, with or before any such officer, all such acts and parts of acts shall in all these several respects, so far as may be consistent with the subject-matter and context of the same, and with this act and the treaties of the United States, be deemed and taken to include and apply to all consular officers as though all such officers were specially named therein; and the said official designations in contemplation of all such acts and parts of acts, and of this act, shall be deemed and taken to have the respective meanings hereinafter assigned to them-that is to say, "consul-general," "consul" and "commercial agent," shall be deemed and taken to denote full, principal and permanent "consular officers," as distinguished from subordinates and substitutes; "deputy consul” and "consular agent" shall be deemed and taken to denote "consular officers" subcrdinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively; and "vice consuls" and "vice commercial agents" shall be deemed and taken to denote "consular officers," who shall be substituted, temporarily, to fill the places of "consuls-general," "consuls" or "commercial agents," when they shall be temporarily absent or relieved from duty; and the term "consular officer," as used in this act, shall be deemed and taken to include all such officers as are mentioned in this section, and none others; and the term “diplomatic officer," as used in this act, shall be deemed and taken to include all the officers mentioned in the first section of this act, and none others. Ibid. 32. Penalties for neglect of duty. 72. If any consular officer shall wilfully neglect or omit to perform seasonably any duty imposed upon him by this or any other act, or by any order or instruction made or given in pursuance of this or any other act, or shall be guilty of any wilful malfeasance or abuse of power, or any corrupt conduct in his office, he shall be liable to all persons 18 August 1856 injured by any such neglect or omission, malfeasance, abuse or corrupt conduct, for all damages occasioned thereby; and for all such damages by any such officer, he, and his sureties upon his official bond, shall be responsible thereon to the full amount of the penalty thereof, to be sued in the name of the United States for the use of the person or persons so injured: Provided, That such suit shall in no case prejudice, but shall be held in entire subordination to the interests, claims and demands of the United States, as against such officer, under such bond, for every wilful act of malfeasance or corrupt conduct in his office; and if any such officer shall refuse to pay any draft, order or warrant which may be drawn upon him by the proper officer of the treasury department for any public moneys of the United States in his hands, or for any amount due from him to the United States, whatever the capacity in which he may have received or may hold the same, or to transfer or disburse any such moneys promptly upon the legal requirement of any authorized officer of the United States, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment not to exceed ten years nor less than one year, or by fine not to exceed two thousand dollars nor less than two hundred dollars, or both, at the discretion of the court; and any such officer so offending, may be charged, proceeded against, tried, convicted and dealt with, in any district in which he may be arrested or in custody. Ibid. 33. 73. That the fifth, sixth and seventh sections of the act herein before mentioned, approved July 20th 1840, and all of the act entitled "An act to remodel the diplomatic Repeal of certain and consular systems of the United States," approved March 1st 1855, and all acts and acts. parts of acts whereby any such fees as are contemplated by the seventeenth section of this act are fixed or allowed, and any usage or law whereby any attaché is or may be allowed to any legation other than such as are provided in this act, or requiring any secretary of legation to be employed otherwise than as provided by this act, and all other acts and parts of acts, so far as the same are inconsistent with this act, be and the same are hereby annulled and repealed; and no attaché shall be allowed in any case, nor any secretary of legation, otherwise than as provided by this act. 2 Stat. 204. 74. If any consul, vice consul, commercial agent or vice commercial agent, shall falsely 28 Feb. 1803 and knowingly certify, that property belonging to foreigners is property belonging to citizens of the United States, he shall, on conviction thereof in any court of competent Penalty for giv ing false certifijurisdiction, forfeit and pay a fine not exceeding ten thousand dollars, at the discretion cates. of the court, and be imprisoned for any term not exceeding three years. fying to false 75. If any consul, vice consul, commercial agent, or vice commercial agent, shall 3 March 1835 1. 4 Stat. 773. knowingly and falsely certify to any invoice, or other papers to which his certificate is by law authorized or required, he shall, on conviction thereof in any court of competent Penalty for certi jurisdiction, forfeit and pay a fine not exceeding ten thousand dollars, at the discretion invoices, &c. of the court, and be imprisoned for a term not exceeding three years, at the like discretion. Contempts. 1. Power to punish contempts. 2. What contempts may be summarily punished. 4. No person to be proceeded against criminally for what he shall disclose. Nor to be excused from testifying to matters which will 3. Penalty for refusing to testify before either house of congress, disgrace him. Perjury punished. or any committee thereof. 5. How witnesses in contempt to be proceeded against. 1 Stat. 83. 1. All the said courts of the United States shall have power (a) *** to punish by 24 Sept. 1789 2 17. fine or imprisonment, (b) at the discretion of said courts, all contempts of authority, in any cause or hearing before the same. (c) 4 Stat. 487. 2. The power of the several courts of the United States to issue attachments and 2 March 1831 3 1. inflict summary punishments for contempts of court, shall not be construed to extend to any cases except (d) the misbehavior of any person or persons in the presence of the said What contempts courts, (e) or so near thereto as to obstruct the administration of justice, (g) the misbe-marily punished. (a) The power to punish for contempts is inherent in the courts, and is not immediately derived from the statute. United States e. Hudson, 7 Cr. 32. And each court is the sole judge of its own contempts. Ex parte Nugent, 1 Am. L. J. 107. Williamson's Case, 2 Casey, 9. (b) Where a court commits a person for a contempt, their adjudication is a conviction; and their commitment, in consequence, is execution. Ex parte Kearney, 7 Wh. 38. And therefore, the legality of a commitment for contempt by one court, cannot be inquired into by another, on habeas corpus, or otherwise. Williamson's case. 2 Casey, 9. Ex parte Kearney, 7 Wh. 38. Ex parte Nugent, 1 Am. L. J. 107. Ex parte Williamson, 3 Am. L. R. 741. Commitments for contempt, like the contempts themselves, may be properly distributed into two classes: either they are punishment for an act of misconduct, or it is their object to enforce the performance of a duty. The confinement in the one case, is for a fixed time, supposed to be commensurate with the offending; in the other, it is without prescribed limitation, and is determined by may be sum the willingness of the party to submit himself to the law. United States v. Williamson, 4 Am. L. R. 17. And see Commonwealth v. Small, 2 Casey, 42. Williamson's case, Ibid. 23-4. (c) As to the extent of the power to punish for contempt, prior to the passage of the act of 1831, see Peck's Trial. 1 Burr's Trial, 355. Hollingsworth v. Duane, Wall. 77. (d) Although this statute deprives the courts of the power to punish. as for a contempt, the publication during trial, of testimony in a case; yet, having power to regulate the admission of persons, and the character of proceedings within its own bar, a court can exclude from within the bar, any person coming there to report testimony during the trial. United States v. Holmes, 1 Wail. Jr. 1. (e) It is a contempt to call another a liar openly in the presence of the court while in session, and in the hearing of its officers. United States v. Emerson, 4 Cr. C. C. 188. (g) An assault and battery committed in the hall of entrance into the court room, separated from it only by a door without 3 March 1831. havior of any of the officers of the said courts in their official transactions, and the disobedience or resistance by any officer of the said courts, party, juror, witness or any other person or persons, to any lawful writ, process, order, rule, decree or command of the said courts. (a) 24 Jan. 18571. 11 Stat. 155. Penalty for refusing to testify before either house of congress, or any com 3. Any person summoned as a witness by the authority of either house of congress to give testimony or to produce papers upon any matter before either house, or any committee of either house of congress, who shall wilfully make default, or who, appearing, shall refuse to answer any question pertinent to the matter of inquiry in consideration before the house or committee by which he shall be examined, shall, in addition to the mittee thereof. pains and penalties now existing, be liable to indictment as and for a misdemeanor, in any court of the United States having jurisdiction thereof, and on conviction, shall pay a fine not exceeding one thousand dollars and not less than one hundred dollars, and suffer imprisonment in the common jail not less than one month nor more than twelve months. criminally for what he shall disclose. Ibid. 22. 4. No person examined and testifying before either house of congress, or any comNo person to be mittee of either house, shall be held to answer criminally in any court of justice, or proceeded against subject to any penalty or forfeiture for any fact or act touching which he shall be required to testify before either house of congress or any committee of either house as to which he shall have testified whether before or after the date of this act, and that no statement made or paper produced by any witness before either house of congress or before any committee of either house, shall be competent testimony in any criminal proceeding Nor to be excused against such witness in any court of justice; and no witness shall hereafter be allowed from testifying to to refuse to testify to any fact or to produce any paper touching which he shall be will disgrace him. examined by either house of congress, or any committee of either house, for the reason matters which Perjury punished. Ibid. 3 3. How witnesses in that his testimony touching such fact or the production of such paper may tend to disgrace him or otherwise render him infamous: Provided, That nothing in this act shall be construed to exempt any witness from prosecution and punishment for perjury committed by him in testifying as aforesaid. 5. When a witness shall fail to testify, as provided in the previous sections of this act, and the facts shall be reported to the house, it shall be the duty of the speaker of the contempt to be house or the president of the senate to certify the fact under the seal of the house or proceeded against. senate to the district attorney for the District of Columbia, whose duty it shall be to bring the matter before the grand jury for their action. Contracts. 1. All contracts to be deposited in the comptroller's office within ninety days. 2. No member of congress to be interested in public contracts. Violation to be a misdemeanor. 3. Exceptions. 4. Every public contract to contain such a stipulation. 5. Penalty for making contracts with members. 7. Contracts and purchases to be by open purchase, or by adver tising for proposals. Annual reports to congress. 8. No contract to be made except under a law or an appropria ation. Exceptions. 9. No land to be purchased unless authorized by law. 10. How proposals, &c., to be advertised. 11. Regulation of public contracts in the District of Columbia. 6. Annual statements of public contracts to be laid before con- Work, &c., to be measured. Penalty for false vouchers. Contracts gress. 16 July 1798 6. 1 Stat. 610. Contracts to be deposited in comptroller's office. 21 April 1808 21. 2 Stat. 484. No member of congress to be to be advertised. Security to be given. Opening of biddings. Contracts without appropriation, void. 1. All contracts to be made by virtue of this act, or of any law of the United States, and requiring the advance of money, or to be in any manner connected with the settlement of public accounts, shall be deposited in the office of the comptroller of the treasury of the United States, within ninety days after their dates, respectively. 2. No member of congress shall, directly or indirectly, (b) himself, or by any other person whatsoever, in trust for him, or for his use or benefit, or on his account, undertake, execute, hold or enjoy, in the whole or in part, any contract or agreement hereafter to be made or entered into with any officer of the United States, in their behalf, or with any interested in public contracts. person authorized to make contracts on the part of the United States; and if any member of congress shall, directly or indirectly, himself or by any other person whatsoever, in Violation to be a trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake or execute any such contract or agreement, in the whole or in part, every member so offending, shall, for every such offence, upon conviction thereof before any court of the United States, or of the territories thereof, having cognisance of such offence, be adjudged guilty of a high misdemeanor, and shall be fined three thousand dollars; 186. And see United States v. Coolidge, 2 Gall. 364. United States v. Dodge, Ibid. 313. Ex parte Tillinghast, 4 Pet. 108. misdemeanor. panels and covered with cloth, is either "in the presence of the (a) An application to the court to compel one of its officers to pay over money due from him in his official capacity, is a proceeding as for a contempt. In the matter of Pitman, I Curt. C. C. (b) A partnership, of which a member of congress is a party, cannot enter into a contract with the government, but, if he withdraw from it, the contract may be concluded with the other partners. 4 Opin. 47. A contract with one who is elected a member of congress, during its continuance, is not affected by such election. 5 Ibid. 697. |