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to the district judge in whose custody such list shall have been lodged, who shall forthwith transmit the same to the seat of government.

5. SECT. V. Congress shall be in session on the second Wednesday in February, one thousand seven hundred and ninety three, 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.

6. SECT. VI. In case there shall be no president of the senate at the seat of government on the arrival of the persons entrusted 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.

7. SECT. VII. 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 the place of meeting of the electors, to the seat of government of the united states.

8. SECT. VIII. If any person appointed to deliver the votes of the electors to the president of the senate, shall after accepting of his appointment, neglect to perform the services required of him by this act, he shall forfeit the sum of one thousand dollars.

9. SECT. IX. 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.

10. SECT. X. 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.

11. SECT. XI. 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.

12. SECT. XII. 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.

ACT of April 3, 1794. (Vol. III. p. 30.)

13. Whenever the congress shall be about to convene, and, from the prevalence of contagious sickness, or the existence of other circumstances, it would, in the opinion of the president of the united states, be hazardous to the lives or health of the members to meet at the place to which the congress shall then stand adjourned, or at which it shall be next by law to meet, the president shall be, and he hereby is authorized, by proclamation, to convene the congress at such other place as he may judge proper.

[See Alien Enemies. Army 2, 7 and seq. Arsenals and Magazines. Columbia District. Crimes 44. Duties, collection of, 97 and seq. Fortifications. Indian Nations. Legislature 13, 14. Light Houses, Beacons, Buoys and Public Piers. Medical Establishment. Militia 3, 16 and seq. Mint. Navy. Post-Office and Post-Roads 19, 20. Public Officers 41. Quarantine 5, 8. Seamen 17, 18, 19, 20, 23, 24, 26. State Department 5, 13. Territory 1, 11, 23, 28. War Department. Western Lands 89, 92.]

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ACT of September 11, 1789. (Vol. I. p. 40.)

1. SECT. I. There shall be allowed to the officers hereafter mention ed, the following annual salaries, payable quarterly at the treasury of the united states:

To the secretary of the treasury, three thousand five hundred dollarss [Increased, see postea 21.]

2. To the secretary in the department of state, three thousand five hundred dollars. [Increased, see postea 21.]

3. To the secretary in the department of war, three thousand dols lars. [Increased, see postea 21.]

4. To the comptroller of the treasury, two thousand dollars. [Ina reased, see postea 19.]

5. To the auditor, fifteen hundred dollars. [Increased, see postea 19.1 6. To the treasurer, two thousand dollars. [Increased, see postea 19.] 7. To the register, twelve hundred and fifty dollars. [Increased, seś postea 19.3

8. To the governor of the western territory, for his salary as such, and for discharging the duties of superintendent of Indian affairs in the northern department, two thousand dollars.

9. To the three judges of the western territory, each eight hundred dollars.

10. To the assistant of the secretary of the treasury,* fifteen hundred dollars.

11. To the chief clerk in the department of state, eight hundred dollars. [See postea 22.]

12. To the chief clerk in the department of war, six hundred dollars. [See postea 22.]

13. To the secretary of the western territory, seven hundred and fifty dollars.

14. To the principal clerk of the comptroller, eight hundred dollars. [See postea 22.]

15. To the principal clerk of the auditor, six hundred dollars. [Increased, see postea 18; see also 22.]

16. To the principal clerk of the treasurer, six hundred dollars. [See postea 22.]

17. SECT. II. The heads of the three departments first above mentioned, shall appoint such clerks therein respectively as they shall find necessary; and the salary of the said clerks respectively shall not exceed the rate of five hundred dollars per annum. [See postea 22.]

ACT of March 3, 1791. (Vol. I. p. 343.)

18. SECT. I. From and after the passing of this act, there shall be allowed to the chief clerk of the auditor, the annual sum of two hundred dollars, in addition to the salary allowed to him by the act, entitled, "An act establishing the salaries of the executive officers of government, with their assitants and clerks," to be paid at the treasury of the united states, in quarterly payments, and from like appropriations as may be assigned for the payment of the other salaries mentioned in the above recited acl. [See antea 15.]

ACT of May 8, 1792. (Vol. II. p. 110.)

19. SECT. X. In addition to the compensations allowed to the comptroller, auditor, treasurer, and register of the treasury, by the “Act for establishing the salaries of the executive officers of government, their assistants and clerks," and to the attorney-general by the "Act for allowing certain compensations to the judges of the supreme and other courts, and to the attorney-general of the united states," the said officers respectively shall be allowed the following yearly sums, viz. The comptroller, four hundred dollars; the auditor, four hundred dollars; the treasurer, four hundred dollars; the register, five hundred dollars; the attorney-general four hundred dollars. [See antea 4, 5, 6, 7, and postea 20, 21, 25, 31.]

ACT of March 2, 1793. (Vol. II. p. 243.)

1

20. There shall be allowed to the auditor of the treasury, the sum

*This office is abolished; see Treasury Department, 12.

of five hundred dollars; to the commissioner of the revenue,* the sum of five hundred dollars; to the comptroller of the treasury, the sum of two hundred and fifty dollars, and to the register of the treasury, the sum of two hundred and fifty dollars, per annum, in addition to the compensation already allowed to them respectively, to commence on the first day of April next, payable in like manner as the present compensations are payable. [See antea 19, and postea 21.]

ACT of March 2, 1799. (Vol. IV. p. 499.)

21. SECT. I. In lieu of the salaries heretofore allowed by law to the officers of the government of the united states, herein mentioned, the following annual compensations shall be, and are hereby granted to the said officers respectively, from the commencement of the present year; that is to say:

The secretary of state, five thousand dollars. [See antca 2.]

The secretary of the treasury, five thousand dollars. [See antea 1.] The secretary of war, four thousand five hundred dollars. [Seo antea 3.]

The secretary of the navy, four thousand five hundred dollars. [See Navy Department 3.]

The attorney-general, three thousand dollars. [See postea 25, 31.] The comptroller of the treasury, three thousand five hundred dollars. [See antea 19.]

The treasurer, three thousand dollars. [See antea 19.]

The auditor of the treasury, three thousand dollars. [See antea 19.] The commissioner of the revenue, three thousand dollars. [See antea 20.]

The register of the treasury, two thousand four hundred dollars. [See antea 19.]

The accountant of the war department, two thousand dollars. [See War Department 8.]

The accountant of the navy department, two thousand dollars. [See Navy Department 5.]

The postmaster-general, three thousand dollars.

And, the assistant postmaster-general, one thousand seven hundred dollars. Which sums shall be respectively paid, quarterly, at the treasury of the united states.

SECT. II. continues this act for three years, and no longer-but by an act passed April 14, 1802, (Vol. VI. p. 71.) it is revived and continued in force for and during the term of two years from the commencement of the year 1802.

ACT of March 2, 1799. (Vol. IV. p. 500.)

22. SECT. I. The secretaries of the treasury, state, war and navy departments, shall be, and hereby are authorized and empowered, to vary the compensations heretofore established for clerks in their respective departments, in such manner as the services to be performed

*This office is to cease at a certain period; see Duties 4: See also Treasury Department 13.

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