bring within some port of the United States, and also to retake any vessels, goods and effects of the people of the United States, which may have been captured by any British armed vessel, in order that proceedings may be had concerning such capture or recapture in due form of law, and as to right and justice shall appertain. The said Nathan Nye 3d is further authorized to detain, seize and take all vessels and effects to whomsoever belonging which shall be liable thereto according to the law of Nations and the rights of the United States a power at war, and to bring the same within some port of the United States in order that due proceedings may be had thereon. This commission to continue in force during the pleasure of the President of the United States for the time being.

Given under my hand and the seal of the United States of America at the city of Washington, the sixth day of December in the year of our Lord, one thousand eight hundred and thirteen and of the Independence of the States the thirty-eighth.

By the President

(Seal) Jas. MONROE, Secretary of State

Countersigned

Wm. Otis. Coll

JAMES MADISON

The privateering against Algiers under the Act of March 3, 1815,' was on the same basis as that of 1802 against Tripoli. There appears to have been no participation by the Department of State in the issuance of letters of marque during the Mexican War, and in 1863 the business was transferred to the Navy Department, where, in the improbable event of its being revived on some future occasion, it would be conducted.

1 3 Stat., 230.

CHAPTER VII

OCCASIONAL DUTIES OF THE DEPARTMENT

ERHAPS the most important of the occasional

duties of the Department of State is that which involves its agency in recording the result of the quadrennial elections held in the several states for the offices of President and Vice-President of the United States. Section 1 of Article II of the Constitution provided that the electors should meet in the several states, and, having voted for a President and VicePresident, should make a list of the persons voted for, which they must sign and certify to and transmit, sealed, to the seat of government directed to the President of the Senate. The twelfth amendment to the Constitution, adopted in 1804, looked towards an improvement in the method of voting for a President and Vice-President, but did not disturb the original provision for notifying the result. There is not, therefore, any constitutional requirement for participation of the executive branch of the government in this function; but the Act of March 1, 1792,1 relative to the election of a President and Vice-President, provided for certain contingent duties on the part of the Secretary of State of great importance. Section 2 prescribed that the electors should meet in 11 Stat., 239.

their respective states on the first Wednesday in December after their election, and sign three certificates of the votes given by them and seal up the same, "and send one copy by messenger to the President of the Senate; forward another to him by mail and lodge the third with the judge of the district in which the electors assembled."

Section 4 said:

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.

And section 6 said:

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.

This portion of the Act was confirmed by the Act of March 26, 1804,' and the only change made by the Act of January 23, 1845,2 was to change the date of meetings of the electors.

A careful search of the records of the Department of State fails to show that the electoral vote has ever been delivered to the Secretary of State. If it ever should be, his duty would be simply to act as its 12 Stat., 295.

25 Stat., 721.

custodian, until the opportunity should come when it could be safely delivered to the President of the Senate.

Section 4 of the act cited above, which became section 141 of the Revised Statutes, was amended by the Act of October 19, 1888,1 to read:

Whenever a certificate of votes from any State has not been received at the seat of government on the fourth Monday of the month of January in which their meeting shall have been held, the Secretary of State shall send a special messenger to the district judge, etc.

Special messengers were occasionally sent under the original law and have been sent under that now in force, there being no difference in the method prescribed by both.

The following example of the sending of a messenger will serve as an example:

Referring to the provisions of an Act supplementary to the Act approved Feb. 3, 1887, entitled "an Act to fix the day for the meeting of the Electors of President and VicePresident, and to provide for and regulate the counting of the votes for President and Vice-President, and the decision of questions arising thereon," approved Oct. 19, 1888, I have the honor to inform you that the Certificate and List of 1 25 Stat., 613.

Votes for President and Vice-President of the United States have not been received from the State of Florida.

Very respectfully yours,

JOHN J. INGALLS

President of the Senate.1

DEPARTMENT OF STATE,

WASHINGTON, D. C., January 29, 1889.

Henry L. Bryan, Esq.,

Messenger to the State of Florida.

Sir:

Having been informed by the President pro tempore of the Senate of the United States, that the certificates and list of votes for President and Vice-President of the United States have not been received from the State of Florida, it is my duty under the Act of Congress, approved October 19, 1888, entitled "An Act Supplementary to the Act Approved February 3rd Eighteen Hundred and Eighty-Seven entitled 'An Act to fix the Day for the Meeting of the Electors of President and Vice-President and the decision of questions arising thereon'" to send a special messenger to that State to obtain from the Judge of the United States District Court in whose custody it is, by Act of Congress, required to be deposited, the certificate of the vote of that State: I therefore under Section 141 of the Revised Statutes, as amended by the above quoted Act appoint you special messenger for that purpose.

You are, therefore, instructed to proceed immediately, and by the quickest possible route, to such place as the District Judge may be found in whose custody the certificate of votes from the State of Florida has been lodged, and, there exhibiting to him this instruction, you will request that he forthwith transmit that certificate to the seat of Government, offering at the same time your services as a messenger 1 Dept. of State MSS., Miscl. Letters.