UF23 .4257872"""""" """^ 
 ^iifniMi'i'iffillinS?. *'"* '3*s of the United 
 
 ofin 
 
 3 1924 030 758 811 
 
© » Cornell University 
 VB Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924030758811 
 
A COMPIIATION 
 
 LAWS OF THE UNITED STATES 
 
 RELATING TO AND AFFECTING 
 
 THE ORDNANCE DEPARTMENT, 
 
 AS ENACTED FROM 
 
 APRIL 2, 1794, TO JUNE 10, 1872. 
 
 peepaeed undee the dieection oe the chiee of oednance, 
 By Wm. a. DeCAINDEY, 
 
 OP THE OKDNAKCE OFFICE, WASHINGTON, D. 0. 
 
 WASHINGTON: 
 
 aOVERNMENT FEINTING OFFICE. 
 1872. 
 
INTRODUCTORY. 
 
 The following compilation, taken from Little & Brown's edition of 
 the Statutes at Large op the United States, contains, it is believed, 
 all the laws having a bearing, on the Ordnance Department in respect 
 to its organization and its specific duties. To these have been added 
 selections from the laws relating to the annual appropriations; from 
 those prescribing the duties and accountabilities of persons intrusted 
 with the disbursement of the public moneys, including the laws relating 
 to contracts and purchases ; from those defining the functions and duties 
 of the accounting officers of the Treasury in the settlement of the ac- 
 counts of disbursing officers ; the whole embodying the main features 
 of the system laid down by statute for devoting the public revenue to 
 specific objects and securing its application to prescribed ends. 
 
 There have also been embraced in this compilation many laws of 
 general and special application necessary to be noticed in the adminis- 
 tration of ordnance affairs. Among these may be noticed the laws 
 relating to the armament and equipment of the whole body of the 
 militia ; the establishment of the various armories and arsenals ; the 
 sale of ordnance and ordnance stores ; the administrative duties of the 
 Ordnance Office, including laws relating to the clerical force, the public 
 printing, &c. ; the laws relating to the prosecution of claims against the 
 Executive Departments, &c. 
 
 All laws herein are printed in chronological order. A synoptical 
 index at the end will facilitate ready reference. 
 
 Ordnance Office, June 30, 1872. 
 
L A. ^W^ S 
 
 Chapter li.— Approved April 2, 1794. — Vol. l,p. 352. 
 
 AN ACT to provide for the erecting and repairing of arsenals and maga- 
 zines, and for other purposes.' 
 
 That, for the safe-keeping of the military stores, there Arsenal, &c., to 
 shall be established, under the direction of the President of ''^ estabUsiied. 
 the United States, three or four arsenals with magazines, 
 as he shall judge most expedient, in such places as will best 
 accommodate the different parts of the United States ; either, 
 or both, of the arsenals heretofore used at Springfield and 
 Carlisle, to be continued as part of the said number, at his 
 discretion: Provided, That none of the said arscfnals be 
 erected until purchases of the land necessary for their 
 accommodation be made, with the consent of the legislature 
 of the State in which the same is intended to be erected. 
 
 Sec. 2. That there shall be established at each of the Andateaciiar- 
 aforesaid arsenals a national armory, in which shall be ^r^^y, °''*"'°'»i 
 employed one superintendent and one master armorer, (who 
 shall be appointed by the President of the United tetates,) 
 and as many workmen as the Secretary for the Department 
 of War shall, from time to time, deem necessary, so that the 
 whole number at all the armories shall not exceed one 
 hundred.^ And the said superintendents shall each receive, 
 as a compensation,' seventy dollars per month, and the said 
 master armorers each fifty dollars per month.* 
 
 Sec. 3. That there shall be employed an officer whose duty Superintendent 
 it shall be (under the direction of the Department of War)"^'"'"*^'-^^*'"'''^- 
 to superintend the receiving, safe-keeping, and distribution 
 of the military stores of the United States, and to call to 
 account all persons to whom the same may be intrusted. 
 He shall receive for his compensation' at the rate of one his compensa- 
 hundred and twenty-five dollars per month, and shall bet'O"- 
 appointed by the President of the United States. 
 
 Sec. 4. That a sum not exceeding fifty-nine thousand Appropriations 
 dollars be appropriated for the erecting and repairing of the effeouhis^a^t"*" 
 arsenals and magazines aforesaid; and a sum not exceeding 
 twenty-two thousand eight hundred and sixty-five dollars 
 for defraying the expense of the national armories for one 
 year ; and the further sum of three hundred and forty thou- 
 sand dollars, to be applied, under the direction of the Presi- 
 
 1 See act May 4, 1798, chap. 25, making farther provisions for procuring 
 arms, &c. 
 
 2 See act April 23, 1808, sec. 1. 
 
 3 And three rations per day; May 7, 1800, chap. 46, sec. 1. The office 
 at Springfield abolished August 23, 1842, chap. 186 ; revived August 5, 
 1854; again abolished August 6, 1861. 
 
 ■* See act of May 7, 1800, sec. 4. 
 
 ' Section 3 repealed March 3, 1813, chap. 48, sec. 1. 
 
dent of the United States, in the purchase of arms, aranau 
 nition, and military stores ; which said several sums shall 
 be paid out of the duties on imports and tonnage to the end 
 of the present year. 
 Annual account Seo. 5. That an aDuual account of the expenses of the 
 ofexpensesqfna- jja^^iQ^a.1 armorics be laid before the legislature of the LTui- 
 
 tional armories to , _ ^, . , ,, .,, . ,r . , a i 
 
 be laid before ted States, together with an account of the arms made and 
 Congress. repaired therein. 
 
 Chapter 38. — Approved May 4, 1798. — Vol. 1, p. 555. 
 
 AN ACT to enable the President of the United States to procure cannon, 
 arms, and ammunition, and for other purposes.' 
 
 Appropriation That a sum not exceeding eight hundred thousand dollars 
 noi^^smairarms; Shall be, and hereby is, appropriated, and shall and may be 
 &»•' paid out of any moneys not before appropriated, under the 
 
 direction of the President of the United States, to purchase, 
 as soon as may be, a suiflcient number of cannon, also a 
 supply of small-arms, and of ammunition and military 
 stores, to be deposited and used as will be most conducive 
 to the public safety and defense, at the discretion of the 
 President of the United States. 
 President may Sec. 2. That the President of the United States be, and 
 Sits'^and amS- ^c is hereby, authorized, in case he shall find it impractica- 
 ries. ble to procure by purchase, with certainty and dispatch 
 
 proportionate to the necessities of the public service, the 
 cannon and arms hereby required, and any considerable 
 part thereof shall be likely to be deficient, to take, by lease, 
 for a term of years, or by sale, in fee, to the United States, 
 one or more suitable place or places where cannon or small- 
 arms may be advantageously cast and manufactured, and 
 shall and may there establish foundries and armories for 
 the manufacture of the same, respectively, and shall cause 
 suitable artisans and laborers to be there employed for 
 account of the United States ; and shall and may appoint 
 one or more persons to superintend the said works, under 
 the direction of the Department of War. And an account 
 of the expenditures which shall be incurred in forming and 
 employing these establishments, and of the cannon and 
 arms which shall be cast and manufactured therein, respect- 
 ively, shall be laid before the Congress of the United States 
 at their next session, and annually thereafter, so long as the 
 same shall be continued. 
 
 Sec. 3. That the sum of one hundred thousand dollars 
 shall be, and hereby is, appropriated, and shall be paid out 
 of any moneys not before appropriated, for the hire, pur- 
 chase, and employ of the said foundries and armories, 
 respectively, in case such establishments shall be found 
 necessary, as hereinbefore provided. 
 
 1 See act of April 2, 1794, chap. 14 ; also cliap. 46, Maj 7, 1800 • and 
 chap. 55, April 23, 1808. ' 
 
Chapter 85.— Approved July 16, 1798.— Vol. l,p. 610. 
 
 AN ACT to alter and amend the several acts for the establishment and 
 regulation of the Treasury, War, and Navy Departments. 
 
 Sec. 3. That all purchases and contracts for supplies or pnrohases and 
 services for the military and naval service of the United mrSby ormde? 
 States, shall be made by or under the direction of the chief the direction of 
 officers of the Departments of War and the Navy respectively ; S ^h^ w^"d^ 
 and all agents or contractors for supplies or services as afore- partment. 
 said, shall render their accounts for settlement to the 
 accountant' of the proper Department for which such supplies 
 or services are required, subject nevertheless to the inspec- 
 tion and revision of the officers of the Treasury in manner 
 before prescribed. 
 
 Sec. 6. That all contracts to be made by virtue of this contracts con- 
 act, or of any law of the United States, and requiring the eltttempnt*of m^ 
 advance of money, or to be in any manner connected with ^''j'l*^^ '°ij^ ^^^ 
 the settlement of public accounts, shall be deposited in the ieoondComptroi- 
 offlce of the Comptroller of the Treasury of the United States, '•"■■ 
 within ninety days after their dates respectively. 
 
 Chaptbe 46. — Approved May 7, 1800. — Vol. 2, p. 61. 
 AN ACT for the regulation of public arsenals and magazines.- 
 
 That the several officers who now are, or hereafter may Compensation 
 be, employed in the armories of the United States, shall beents^aJIT^ter- 
 entitled to, and shall receive, the following compensations armorers. 
 in addition to their pay as established by law, to wit: A 
 superintendent of such armory,' three rations per day, or an 
 equivalent in money ; and a master-armorer, two rations per 
 day, or an equivalent in money. 
 
 Sec. 2. That if any person shall procure or entice any Entiomcaway, 
 artificer or workman retained or employed in any arsenal wo^kmen^'under 
 or armory of the United States, to depart from the same ^Jf "^^^g"*^ *° 
 during the continuance of his engagement, or avoid or break "^^ 
 his contract with the United States, or who, after due 
 notice of the engagement of any such workman or armorer 
 in any arsenal or armory, shall, during the continuance of 
 such engagement, retain, hire, or in anywise employ, harbor, 
 or conceal such artificer or workman, the person so offending 
 shall, upon conviction, be fined, at the discretion of the court, 
 not exceeding fifty dollars, or be imprisoned for any term not 
 exceeding three months. 
 
 Sec. 3. That if any artificer or workman hired, retained, workmen de- 
 or employed in any public arsenal or armory, shall, wantonly piements'*"'t<xd8 
 and carelessly, break, impair, or destroy any implements, stock, materials; 
 tools, or utensils, or any stock or materials for making guns, *"■ 
 
 ' Accountant of the War Department abolished by sec. 1, chap. 45, 
 March 3, 1817. The accounts are now rendered to the Bureaus to which 
 the supplies pertain by the purchasing or inspecting officers. 
 
 ^ See chap. 14, April 2, 1734. 
 
 ' Superintendent of Springfield and Harper's Ferry abolished August 
 23, 1842; revived August 5, 1854; finally abolished August 6, 1861. 
 
8 
 
 the property of the TJnited States, or shall, willfuUy and 
 obstinately, refuse to perform the services lawfully assigned 
 to him, pursuant to his contract, every such person shall 
 forfeit a sum not exceeding twenty dollars for every such 
 act of disobedience or breach of contract, to be recovered 
 in any court having competent jurisdiction thereof. 
 WoAmen ex- gBC. 4. That all artificers and workmen who are or shall 
 f^y aiTjurybe employed in the said armories shall be, and they are 
 duty. hereby, exempted, during their time of service, from all mili- 
 
 tary service and service as jurors in any oourt.^ 
 
 Chapter 32.— A:pproved March 3, 1803.— Vol. 2, p. 241. 
 
 AN ACT directiug a detachment from the militia of the United States, 
 and for erecting certain arsenals.^ 
 
 Arsenals on the gEC. 5. That twenty-fivc thousand dollars be appropriated 
 for erecting, at such place or places on the western waters 
 as the President may judge most proper, one or more arse- 
 nals ; and that the President cause the same to be furnished 
 with such arms, ammunition, and military stores as he may 
 deem necessary. 
 
 ■western waters. 
 
 Chapter 42. — Approved April 2, 1808. — Vol. 2, p. 481. 
 AN ACT authorizing the sale of public arms.' 
 
 President au- That the President of the United States be, and he is 
 indi>idna°stites^®'^^^y» authorized to cause to be sold to individual States 
 public arma. ' which may wish to purchase, any arms now owned by the 
 United States, and which may be parted with without injury 
 to the public. Accounts of such gales shall be laid before Con- 
 gress, and the money arising therefrom be, and the same is 
 hereby, appropriated, under the direction of the President of 
 the United States, to the purchase or manufacture of other 
 Paymentofthe aruis for the usc of the United States: Provided, That such 
 frte flrsrmade ^rms be not delivered to any State or their agents until the 
 into the Treas- payment of the purchase-money be first made into the Treas- 
 '"'^' ury of the United States, in money, or in the stock of the 
 
 United States at its value, as established by an act entitled 
 " An act to repeal so much of any act or acts as authorize 
 the receipt of evidences of the public debt in payment 
 for the lands of the United States, and for other purposes 
 Proviso. relative to the public debt" : Provided, also, That this pro- 
 vision shall not extend to any purchase not exceeding five 
 thousand stand of arms, which shall be made by a State to 
 which the United States, by existing engagements, are 
 bound to pay a sum of money equal to the amount of such 
 purchase. 
 
 ' See Circular No. 38, Ordnance Office, July 28, 1864. 
 
 2 March 16, 1802, chap. 9. 
 
 3 See chap. 65, July 6, 1798. 
 
Chapter '^%.— Approved April 21, 1808.— FoZ. 2, p. 484. 
 AN ACT concerning public contracts.^ 
 
 That, from and after the passage of this act, no member no member of 
 of Congress shall, directly or indirectly, himself, or by any a™^™biio ^mi- 
 other person whatsoever in trust for him, or for his use or tract pnder the 
 benefit, or on his account, undertake, execute, hold, or enjoy, unitedStates'a^ 
 in the whole or in part, any contract or agreement hereafter rectiy or iidi- 
 to be made or entered into with any officer of the United ""'^y- 
 States in their behalf, or with any person authorized to make 
 contracts on the part of the United States ; and if any mem- 
 ber of Congress shall, directly or indirectly, himself, or by 
 any other person whatsoever in 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 offense, upon conviction thereof, before any court 
 of the United States or of the Territories thereof, having cog- 
 nizance of such offense, be adjudged guilty of a high misde- 
 meanor, and shall be fined three thousand dollars; and Penalty of ja.ooo. 
 every such contract or agreement as aforesaid shall, more- 
 over, be absolutely void and of no effect : Provided, never- 
 theless^ That in all cases where any sum or sums of money Advances of 
 shall have been advanced on the part of the United States p''^"" """""y- 
 in consideration of any such contract or agreement,^ the 
 same shall be forthwith repaid ; and in case of refusal or 
 delay to repay the same, wheu demanded by the proper 
 offlcer of the Department under whose authority such con- 
 tract or agreement shall have been made or entered into, 
 every person so refusing or delaying, together with his 
 surety or sureties, shall be forthwith prosecuted at law for 
 the recovery of any such sum or sums of money advanced 
 as aforesaid. 
 
 Sec. 2. That nothing herein contained shall extend, or Provisions of 
 be construed to extend, to any contract or agreement made, tend'' to Tnco" po- 
 or entered into, or accepted, by any incorijorated company, rated companies, 
 where such contract or agreement shall be made for the chauee'^'^'egotT. 
 general benefit of such incorporation or company; uor toi'^^^y^^^o™ 
 
 tj 
 
 of Congress. 
 
 the purchase or sale of bills of exchange or other property 
 by any member of Congress, where the same shall be ready 
 for delivery, and for which payment shall be made at the 
 time of making or entering into the contract or agreement. 
 
 Sec. 3. That iu every such contract or agreement to be Members oi 
 made or entered into, or accepted, as aforesaid, there shall exce^tll b^pe'^ 
 be inserted an express condition that no member of Congress '=j^i ™biic™con' 
 shall be admitted to any share or part of such contract or tracts" 
 agreement, or to any benefit to arise thereupon.' 
 
 Sec. 4. That if any officer of the United States, on behalf of ^ Penalties on of. 
 
 •^ ' fleers making 
 
 'This act is not to be disturbed by the general repealing clause of the contracts witk 
 
 post-office act of March 3, 1825, chap. 64, sec. 46, vol. 4, p. 114. And see ^e^s "' 
 
 sec. 4, chap. 25, May 4, 1858 ; and additional acts, chapters 93, 180, and 
 
 200 of 1862, post. 
 2 Advances of public moneys prohibited by sec. 1, chap. 9, January 31, 
 
 1823, post. 
 ''This section is direciory only, and omissions to insert such provision 
 
 do not render contracts void. (Crown vs. United States, Dev. C. C, 
 
 44, 45.) 
 
10 
 
 tlie United States, sliall, directly or indirectly, make or enter 
 into any contract, bargain, or agreement, in writing or other- 
 wise, other than such as are herein excepted, with any 
 member of Congress, such officer so offending, on conviction 
 thereof before any court having jurisdiction thereof, shall be 
 deemed and taken to be guilty of a high misdemeanor, and 
 be fined in a sum of three thousand dollars. 
 Annual state- Sbc. 5. That, from and after the passing of this act, it 
 S'^bV^maarto shall be the duty of the Secretary of the Treasury, Secretary 
 Congress. of War,' Secretary of the Navy, and the Postmaster-Gen- 
 
 eral, annually to lay before Congress a statement of all the 
 contracts which have been made in their respective Depart- 
 ments during the year preceding such report, exhibiting in 
 such statement the name of the contractor, the article or 
 thing contracted for, the i)lace where the article was to be 
 delivered or the thing performed, the sum to be paid for its 
 performance or delivery, the date and duration of the con- 
 tract.^ 
 
 Ohaptek 55.— Approved April 23, 1808.— Vol. 2, p. 490. 
 
 AN ACT making provision for arming and equipping the whole body of 
 the militia of the United States. 
 
 $200,000 annu- That the annual sum of two hundred thousand dollars be, 
 for^a?mhfg'''and and the same hereby is, appropriated^ for the purpose of 
 equipping the providing arms and military equipments for the whole body 
 "Arms and of the militia of the United States,^ either by purchase or 
 
 ^u'roTa'sed'or™^"'^^^''*'^''®' ^^ ^^^ °" accouut of the United States. 
 
 manufaotared.*"^ Sec. 2. That the President of the United States be, and he 
 Sites for arse- hereby is, authorized to purchase sites for, and erect, such 
 
 nais to be chosen. ^^(ji^iQnai arscuals and manufactories of arms as he may deem 
 expedient, under the limitations and restrictions^ now pro- 
 Limit as to vided by law: Provided, also, That so much of any law as 
 
 men^'aT arMrieB restricts the number of workmen in the armories of the 
 
 removed. United States to one hundred men be, and the same hereby 
 
 is, repealed.^ 
 Arms to i)e Sec. 3. That all the arms procured in virtue of this act 
 
 th™sutes.'* *" shall be transmitted to the several States composing this 
 Union, and Territories thereof, to each State and Territory, 
 respectively, in proportion to the number of the eftective 
 militia in each State and Territory,'' and by each State and 
 Territory to be distributed to the militia in such State and 
 Territory, under such rules and regulations as shall be by 
 law prescribed by the legislature of each State and Territory. 
 
 1 See Circulars Nos. 8 and 59, Ordnance Office, 1863, and No. 2, of 1864. 
 
 2 See resolntion 53, July 12, 1862, requiring weekly advertisement of 
 contracts and offers; and see acts of May 4, 1858, and July 17 1862 in 
 reference to reporting to Congress contracts made by the Departmen'ts. 
 
 3 Out of any money in the Treasury not otherwise appronriated bv 
 chap. 135, April 29, 1816. rr r , j 
 
 ■•To District of Columbia, by March 3, 1855, chap. 169, pos^ 
 
 6 The 2d April, 1794, chap. 14, ante: and the 7th May, 1800, chap 46 
 ante. > i ■ > 
 
 8 See April 2, 1794, chap. 14, ante. 
 
 'According to represeuration in Congress, by sec. 7, chap. 169, March 3 
 1855. ' 
 
11 
 
 Chapter S3.— Approved May 14, 1812.— FoZ. 2, p. 732. 
 AN ACT for the better regulation of the ordnance.' 
 
 That there be, and hereby is, established, an Ordnance ordnance De- 
 Department, to consist of a Commissary-General of Ord-gg^e™™' ^'*''''" 
 nance, an assistant commissary-general, four deputy com- 
 missaries,^ and as many assistant deputy commissaries' as 
 the President of the United States may think necessary, not 
 exceeding eight. 
 
 Sec. 2. That the Commissary-General be authorized, from ■workmentobo 
 time to time, to employ as many wheelwrights, carriage- ™pi°y«"i- 
 makers, blacksmiths, and laborers as the public service may, 
 in his judgment, require. 
 
 Sec. 3. That the Commissary-General of Ordnance shall Rank and pay 
 be entitled to the rank, pay, and emoluments of a colonel GenS"of^ord- 
 of infantry, and be further allowed at the rate of five hun- nance, 
 dred dollars per year and four rations per day for clerks in 
 his Department. The assistant commissary-general of Assistant. 
 ordnance shall be entitled to the rank, pay, and emoluments 
 of major of infantry, with three additional rations per day. 
 The deputy commissaries of ordnance shall be entitled to Deputy com- 
 the rank, pay, and emoluments of a captain of infantry, ™'S8*™«- 
 with two additional rations per day, and forage for one 
 horse. The assistant deputies shall have the rank, pay. Assistant dep- 
 and emoluments of a second lieutenant of infantry, with one "''^''■ 
 additional ration per day. 
 
 Sec. 4. That a master-wheelwright and carriage-maker. Pay of work- 
 and a master-blacksmith, be allowed thirty dollars each per™™- 
 month, and one ration and one-half of a ration per day; 
 that any other wheelwrights, carriage-makers, and black- 
 smiths be allowed each sixteen dollars per month, and one 
 ration and one-half of a ration per day; that the laborers 
 each be allowed nine dollars per month .and one ration per 
 day. 
 
 Sec. 5. That it shall be the duty of the Commissary-Gen- Duties of com- 
 eral of Ordnance to direct the inspection and proving of all ™/Sance°"*^ 
 pieces of ordnance, cannon-balls, shells, and shot procured 
 for the use of the .^rmy of the United States ; and to direct 
 the construction of all carriages and every apparatus for 
 ordnance, for garrison and field service, and all ammunition- 
 wagons, pontoons, and traveling-forges ; also the direction of 
 the laboratories, the inspection and proving the public pow- 
 der, and the preparing all kinds of ammunition for garrison 
 and field service; and shall, half-yearly, examine all ord- 
 nance, carriages, ammunition, and apparatus in the respect- 
 ive fortresses, magazines, and arsenals, and cause the same 
 to be preserved and kept in good order. 
 
 Sec. 6. That the Commissary-General of Ordnance shall To execute or- 
 execute all orders issued by the Secretary for the Depart- rSy of*w!ir."' 
 ment of War, in conveying all ordnance, ammunition, and 
 apparatus to the respective armies, garrisons, magazines, 
 and arsenals; and, in time of war, he shall execute all And of general 
 orders of any general officer commanding in any army or ^™™"'"'^'""*"'^ 
 
 ' Repealed and supplied by rcbrii.nry 8, 1815, chap. 38. 
 = See chap. 50, Aug. 2, 1813, for additiunal number. 
 ^See March 3, 1813, cliap. 52. 
 
12 
 
 garrison^ for the supplyof ordnance, ammunifcion, carriages, • 
 pontoons, forges, furnaces, or apparatus for garrison, field, 
 or siege service, and forward the same without delay and 
 in good condition. 
 Keturnsoford- Sbc. 7. That the Commissary-General of Ordnance shall, 
 maa?'toWar°De^ half-yearly, transmit to the Department of War a correct 
 partment iiaif- return of all ordnance, ammunition, military stores, and 
 yeary. effccts in the respective garrisons, arsenals, magazines, 
 
 posts, and camps, with a statement of their order, quality, 
 and condition ; and also what may be necessary to keep up 
 an ample supply of each and every article in the Ordnance 
 Department ; and shall in all things faithfully, and without 
 delay, execute the orders of the Secretary for the Depart- 
 ment of War touching the same. 
 'SuperiDtend- Sbc. 8. That the Superintendents of military stores, 
 stees'to making ^^®P®''® of magazines and arsenals, shall, half-yearly, make 
 tmns to the Com- correct rcturns to the Commissary-General of Ordnance of 
 S-'oSaSfe"*"^^^ all military stores that they respectively have in charge ; 
 and that the assistant commissary-general of ordnance, 
 the deputy commissaries and assistant deputies, shall faith- 
 fully, and without delay, execute all orders that shall be 
 issued by the Secretary for the Department of War, the 
 commanding general in time of war of any corps, camp, or 
 garrison,! or of the Commissary-General of Ordnance in their 
 respective departments, by virtue of this act. 
 Eeports of ar- Sbc. 9. That the Commissary-Geueral of Ordnance shall 
 era°in cSdnMioo™^'^® ^ correct report of the artificers and laborers, froaa 
 Departmenttobetime to time, employed by him, and transmit the same to 
 jSJant-Gene'raf" the Adjutant-General. 
 Appropriation. Sec. 10. That, for defraying the expense that may be in- 
 curred in the execution of this act, the sum of twenty thou- 
 sand dollars be, and the same is hereby, appropriated, to 
 be paid out of any money in the Treasury not otherwise 
 appropriated. 
 
 Chapter 48. — Approved March 3, 1813. — Vol. 2, p. 816. 
 
 AN ACT the better to provide for the supplies of the Army of the United 
 States, and for the accountability of persons intrusted with the 
 same.'-" 
 
 Superintendent That the third scctiou of the act entitled "An act to pro- 
 abSishe^^*"'^^ vide for the erecting and repairing of arsenals and maga- 
 zines, and for other purposes,'" passed on the 2d day of 
 April, 1794, be, and the same is hereby, repealed, from and 
 after the 31st day of March, 1813. 
 Superintendent- Sec. 2. That there Shall be a Superintendent-General of 
 tey%p°iies°'S: Military Supplies,* who shall reside at the seat of govern- 
 
 ' See note 1 to sec. 5 of act of February 8, 1815, post. 
 
 ^ The eighth and ninth sections of this act were superseded by act of 
 March 3, 1815, chap. 79. The residue, with the exception of sec. 5,' was re- 
 pealed by act of March 3, 1817, chap. 45. Sec. 5 confers general' powers 
 without limitation as to time, and does not appear liable to be repealed 
 incidentally. 
 
 'Chapter 14. 
 
 ■•Abolished by sec. 1, chap. 45, March 3, 1817. 
 
 pointed. 
 
13 
 
 ment, and receive an annual salary of three thousand dol- 
 lars, and whose duty it shall be, under the direction of the Duties. 
 Secretary for the War Department, to keep proper accounts 
 of all the military stores and supplies of every description 
 purchased or distributed for the usei of the Army of the 
 United States, and of the volunteers and militia in their 
 service; to prescribe the forms of all the returns and ac- 
 counts of such stores and supplies purchased, on hand, dis- 
 tributed, used, or sold, to be rendered by the Commissary 
 of Ordnance and officers in his Department, by the Commis- 
 sary-General of Purchases and his deputies, by tlie several 
 ofilcers in the Quartermaster-General's Department, by the 
 regimental quartermasters, by the hospital surgeons, and 
 other officers belonging to the Hospital and Medical Depjirt- 
 ment, and by all other officers, agents, or persons, who shall 
 have received, distributed, or been intrusted with such 
 stores and supplies as aforesaid ; to call to account all such 
 persons; to audit and settle all such accounts, and, in case 
 of delinquency, to transmit the account, and to state the 
 value of the articles unaccounted for by such delinquency 
 to the accounting officers of the Treasury, for final settle- 
 ment and recovery of such value; to transmit all such orders, 
 and generally to perform all such other duties respecting 
 the general surperintendenceofthe purchase, transportation, 
 safe-keei)ing, and accountability of military supplies and 
 stores as aforesaid, as may be prescribed by the Secretary 
 for the War Department. 
 
 Sec. 3. That the Commissary-General of Purchases and Qaarteriy re- 
 liis deputies, the several officers in the Quartermaster's g?o°eVto'be'rS 
 Department, the regimental quartermasters, the Commis- derea. 
 sary of Ordnance, his assistant and deputies, the principal 
 hospital surgeons and officers belonging to the Hospital and 
 Medical Departments, and all other officers, agents; or per- 
 sons, who shall have received or may be intrusted with any 
 stores or supplies of any description whatever for the use 
 of the Army of the United States, and of the volunteers or 
 militia in their service, shall render quarterly accounts of 
 the disposition and state of all such stores and supplies to 
 the superintendent' aforesaid ; and shall also make such 
 other returns respecting the same, and at such other times, 
 as the Secretary for the War Department may prescribe : 
 Provided, however. That the accounts and returns thus 
 rendered shall rjelate to the articles of supply only which 
 may have been received and disposed of, or as may remain 
 on hand, and shall not embrace the specie a(!Counts ior 
 moneys disbursed by such officers, agents, or other persons ; 
 which specie accounts shall be rendered, as heretofore, to 
 the accountant for the War Department.^ 
 
 ' The quarterly returns of ordnance and ordnance stores, required by 
 this section, are now rendered to the Cliief of Ordnance, and by him 
 audited and settled in the manner indicated in the preceding section. — 
 (Instructions of the Secretary of War, December 19, 1870, and G. O. No. 
 30, A. 6. O., 1871.) 
 
 " Abolished by sec. 1, chap. 45, March 3, 1817. 
 
14 
 
 casii accounts Seo. 4. That the oflBcers, agents, or other persons, who 
 qua?t%iy™*'™^may receive moneys in advance from the War Depart- 
 ment, shall render quarterly accounts to the accountant of 
 the said Department of their specie receipts and disburse- 
 ments ; and shall, moreover, make such other monthly 
 summary statements thereof to the Secretary of the said 
 Department as he may prescribe. And the quarterly ac- 
 counts of supplies, or of moneys^ rendered as aforesaid, 
 shall be, respectively, settled by the Superintendent-General 
 of Military Supplies, and by the accountant of the War De- 
 partment, according to their respective authorities, within 
 three months after the time when such accounts shall have, 
 respectively, been rendered to them. 
 
 Chapter 52. — Approved March 3, 1813. — Vol. 2, p. 819. 
 
 AN ACT for the better organization of the general staff of the Army of 
 the United States.'' 
 
 General regu- Sec. 5. That it Shall be the duty of the Secretary of the 
 pred' for %esa- War Department, and he is hereby authorized, to prepare 
 fating the staff, general regulations better defining and prescribing the 
 respective duties and powers of the several officers in the 
 Adjutant-General, Inspector-General, Quartermaster-Geu- 
 n nee *''i)e*art- ^^^^J ^^^ Cooimissary of Ordnance Departments; of the 
 ment "^"'^ topographical engineers, of the aids of generals, and gen- 
 erally of the general and regimental staff; which regulations, 
 when approved by the President of the United States, 
 shall be respected and obeyed until altered or revoked by 
 the same authority. And the said general regulations, thus 
 prepared and approved, shall be laid before Congress at 
 their next session. 
 Assistant dep- Sec. 6.' That the number of assistant deputy commis- 
 ofo^mmcr*™^ ^^"^^^^ ^^ ordnance shall not exceed sixteen, and that they 
 shall, respectively, be entitled to the brevet rank and to 
 the pay and emoluments of a first lieutenant of infantry. 
 Maii-matterfiee. Sec. 11, That all letters and packets to and from the 
 Adjutant and Inspector General, adjutants-general, inspect- 
 ors-general, Quartermasters-General, Commissary-General 
 of Ordnance, Physician and Surgeon General, and Apothe- 
 cary-General, which relate to their of&cial duties, shall be 
 free from postage.^ 
 
 ' Money accounts in the Ordnance Department are now settled hy the 
 Second Auditor and Second Comptroller. See act of March 3, 1817, 
 chap. 45. 
 
 i'This act was virtually repealed by that of the 3d March, 1815, chap. 
 79, fixing the peace establishment. All its provisions respecting pay, 
 emoluments, and privileges were, however, re-established by the act 
 of 24th April, 1816, chap. 69, sec. 9, for the staff therein authorized. 
 
 ^The ordnance was reorganized by the 8th February, 1815, and the 2d 
 March, 1821, chap. 13; and again by the 5th April, 1832, chap. 67. 
 
 ^ See sec. 21, chap. 162, July 5, 1838, post. 
 
15 
 Chapter 50.— Approved August 2, 1813.— Vol 3, p. 75. 
 
 AN ACT supplementary to the act entitled "An act for the better regu- 
 lation of the ordnance." ' 
 
 That, in additiou to the present number allowed by law, Deputy com- 
 as many deputy commissaries of ordnance may be appointed, naM^'"" "^ ""'' 
 not exceeding five, as the President of the United States 
 shall deem necessary to the public service; who shall be 
 entitled to the same rank, pay, emoluments, rations, and 
 forage as are provided by the act to which this is a supple- 
 ment. 
 
 Ohaptee 38. — Approved Februarys, ISlo.-Vol. 3, p. 203. 
 AN ACT for the better regulation of the Ordnance Department.^ 
 
 That from and after the passage of this act the Ordnance organization of 
 Department shall consist of one colonel, one lieutenant ^g^^^^'i^sf"''" 
 colonel, two majors, ten captains, ten first lieutenants, 
 ten second lieutenants, and ten third lieutenants.^ 
 
 Sec. 2. That the colonel^ or senior officer of the Ordnance Master -work- 
 Department is authorized to enlist for the service of that™™'"''^ ™"^*- 
 Department, for five years, as many master armorers, mas- 
 ter-carriage-makers, master-blacksmiths, artificers, armorers, 
 carriage-makers, blacksmiths, and laborers, as the public 
 service, in his judgment, under the directions of the Secre- 
 tary for the Department of War, may require.' 
 
 Sec. 3. That it shall be the duty of the colonel of the Ord- Duty of the 
 nance Department to direct the inspection and proving of ™^™^^' "^ "'■''- 
 all pieces of ordnance, cannon-balls, shot, shells, small-arms, 
 and side-arms and equipments procured for the use of the 
 armies of the United States ; and to direct the construction 
 of all cannon and carriages, and every implement and 
 apparatus for ordnance, and all ammunition-wagons, travel- 
 ing-forges, and artificers' wagons, the inspection and proving 
 of powder, and the preparation of all kinds of ammunition 
 and ordnance stores. And it shall also be the duty of the 
 colonel or senior officer of the Ordnance Department to fur- 
 nish estimates, and, under the direction of the Secretary for 
 the Department of War, to make contracts and purchases 
 for procuring the necessary supplies of arms, equipments, 
 ordnance, and ordnance stores. 
 
 Sec. 4. That the colonel of the Ordnance Department Artificers to iw 
 shall organize and attach to regiments, corps, or garrisons, mentsrm^n'rOT^ 
 such number of artificers, with proper tools, carriages, and ganisons. 
 
 ' See original act, May 14, 1812, note 2. 
 
 ' This act, so far as it relates to organization, is superseded by that of 
 March 2, 1821, chap. 13, which abolished the Ordnance Department and 
 incorporated it with the artillery. — (See sec. 4 ; see also April .'i, 1832, 
 chap. 67, for new organization and repeal of the first section of this act. 
 For present organization, see sec. 3, chap. 42, August 3, 1861 ; and sec. 
 3, chap. 133, July 5, 1862 ; and act of July 28, 1866, sec. 21.) 
 
 'The President may increase the corps, by 5th July, 1838, chap. 162, 
 sec. 13. 
 
 ■• Chief of Ordnance is now brigadier-general. 
 
 " Not exceeding 250, by the 5th April, 1832, chap. 77, sec. 1. 
 
16 
 
 apparatus, Tinder such regulations and restrictions relative to 
 their government and number, as, in his judgment, with the 
 approbation of the Secretary for the Department of War, 
 may be considered necessary. 
 All orders of Seo. 5. That the colonel of the Ordnance Department 
 wl/to™bf Le or senior^ offtcer of that Department of any district shall 
 of wfrTh^eOTdCTs ^xecute all orders of the Secretary for the Department of 
 of my generai^orWar, and, in time of war, the orders of any general or field 
 man^nl"'^'^ o"™- offlcer commanding any army, garrison, or detachment,^ for 
 the supply of all arms, ordnance, ammunition, carriages, 
 forges, and apparatus for garrison, field, or siege service. 
 Quarterly re- Sbc. 6. That the keepers of all magazines and arsenals 
 mlgaztaes'"'^and shall, quarterly, or oftener, if so directed, and in such man- 
 OTsenais to be jier as directed by the colonel of the Ordnance Department, 
 make correct returns to the colonel or senior officer of the 
 Ordnance Department of all ordnance, arms, and ordnance 
 stores they may have in charge. 
 Damages to Sec. 7. That the costs of repairs or damages donc to arms, 
 arms, &o. equipments, or implements, in the use of the armies of the 
 
 United States, shall be deducted from the pay of any ofiicer 
 or soldier in whose care or use the said arms, equipments, 
 or implements, were when the said damages occurred : Pro- 
 vided, The said damages were occasioned by the abuse or 
 Report of dam- negligence of the said offtcer or soldier. And it is hereby 
 tobemadTto^he made the duty of every officer commanding regiments, corps. 
 Ordnance Depart- garrisons, or detachments, to make, once every two months, 
 ™™*' or oftener, if so directed, a written report to the colonel of 
 
 the Ordnance Department, stating all damages to arms, 
 equipments, and implements belonging to his command, 
 noting those occasioned by negligence or abuse, and naming 
 the officer or soldier by whose negligence or abuse the said 
 damages were occasioned. 
 Keports of of- Sec. 8. That the colonel of the Ordnance Department 
 Snd'VborSr ta ^-'"^^^ make half yearly to the War Department, or oftener 
 Ordnance Depart- if the Secretary for that Department shall so direct, a cor- 
 to''the°war°Dli* ^^^^' report of the officers and all artificers and laborers in 
 partment. his Department, also of all ordnance, arms, military stores, 
 
 ■ implements, and apparatus of every description, and in such 
 form as the Secretary for the Department of War shall direct. 
 National armo- Sec. 9. That to insure system and uniformity in the dif- 
 diredion" of "the ferent public armories, they are hereby placed under the 
 Ordnance De- (jirection of the Ordnance Department. And the colonel of 
 par men . ^^^ Ordnance Department, under the direction of the Sec- 
 
 retary for the Department of War, is hereby authorized to 
 Ordnance de- establish depots of arms, ammunition, and ordnance stores 
 tebiish'eY ^° °^' ^"^ ^^^^ parts of the United States, and in such numbers, 
 as may be deemed necessary. 
 
 ' The Ordnance Department holds that the fiinctioua of that Depart- 
 ment, as an Integral part of the military establishment, were defined 
 and fixed by the act of 1815, and that these functions remained unim- 
 paired under the change in the personnel of the Department in 1821 ; 
 that the execution of these functions was, under the laws of 1815 and 
 1821, placed under the immediate direction and control of the Secretary 
 of War, and of him only, and that the act of 1832 re-establishing a 
 corps of ordnance officers did not modify pre-existing laws in this 
 regard. This states is held to continue at this day; (see G. No' 54 
 A. G. O., 1871.) ■ ' 
 
17 
 
 Seci. 10. That the colonel of the Ordnance Department, negniationsfor 
 under the direction of the Secretary for the Department of ^^^tfoSSce 
 War, is hereby authorized to draw up a system of regula- department. 
 tions for the government of the Ordnance Department, forms 
 of returns and reports, and for the uniformity of manufac- 
 tures of all arms, ordnance, ordnance stores, implements, 
 and apparatus, and for the repairing and better preservation 
 of the same. 
 
 Sec. 11. That the pay, emoluments, and allowances for the Pay, emoiu- 
 ofiftcers of the Ordnance Department shall be the same as the Lncel^'o "'officers 
 pay, emoluments, and allowances now allowed to ofhcers and men of ora- 
 of similar grades, respectively, in the artillery' of the United taent".^ "^^ 
 Stg,tes. And that the pay of a master-armorer shall be 
 thirty dollars per month, and one and a half rations per day ; 
 of a master-carriage-maker, thirty dollars per month, and 
 one and a half rations per day ; of a master-blacksmith, thirty 
 dollars per month, and one and a half rations per day ; the 
 pay of armorers, carriage-makers, or blacksmiths, each, six- 
 teen dollars per month, and one and a half rations per day; 
 the pay of artificers, thirteen dollars per month, and one ra- 
 tion per day; and the pay of laborers, nine dollars per month, 
 and one ration per day ; and to all of the said workmen, ar- 
 tificers, and laborers the same clothing and other allowances 
 as are allowed to privates of infantry in the Army of the 
 United States, except clothing to the master-workmen. 
 
 Seo. 12. That the President of the United States is here- 
 by authorized to continue in the service, under this act, all 
 the officers of the Ordnance Department in service on the 
 passage of the same, or to transfer them to other corps of 
 the Army of the United States. 
 
 Seo. 13. That the colonel of the Ordnance Department is 
 hereby allowed at the rate of one thousand dollars per year 
 for clerks, and such books and stationery as may be neces- 
 sary to his Department. 
 
 Sec. 14. That the act passed May the fourteen, eighteen Act of May i-i, 
 hundred and twelve, entitled "An act^ for the better regula- '^^"''' ^p^a**"- 
 tion of the Ordnance Department," and the sections of any 
 other acts coming within the purview of any of the sections 
 of this act, be, and the same are hereby, repealed.'' 
 
 (Jhapter G9. — Approved April 24, 1816. — Vol. 3, p. 297. 
 
 AN ACT for organizing the general stiifif and making farther provisions 
 for the Army of the United States.-" 
 
 Sec. 11. That the Ordnance Department be continued as 
 
 ' Dragoons, hy the 5th July, 1838, chap. 162, seo. 13. 
 
 •^ Chap. 83. 
 
 'For list of acts on this subject, see vol. '2, p. 73'2, n. ; May 14, 1812, 
 cliap. 83, repealed ; April 5, 1832, chap. 07. August 2, 1813, chap. 5, vol. 
 3, p. 75, snpjilied. 
 
 ■* The first and second sections of this act are supplied or repealed by tlie 
 14th April, 1818, chap. 61, sec. 1, and the 2d March, 1821, chap. 13; and 
 the third section of the act as to tlie Pay Uepartuient is reorganized by 
 tlie 2d Marcli, 1849, chap. 80, which repeals this section 3, except as to 
 the pay of the regimental and battalion paymasters and of the Pay- 
 master-General. 
 
 2 OL 
 
18 
 
 at present organized under the act^ of February eighth, one 
 thousand eight hundred and fifteen, and that ordnance 
 officers be assigned to their duties with the staff of the 
 Army in the same manner as from the Corps of Engineers. 
 
 Chapter 135.— Approved April 29, 1816.— "Foi. 3, p. 320. 
 
 AN ACT concerning the annual sum appropriated for arming and equip- 
 ping the militia. 
 
 Anr.nai appro- That the annual sum of two hundred thousand dollars, as 
 ?or*arming"'£m'd appropriated for the purpose of providing arms and military 
 eonipping the equipments for the militia, either by purchase or manufacture, 
 ***■ according to the act of the twenty-third of April, one thousand 
 
 eight hundred and eight, entitled "An act making provision 
 for arming and equipping the whole body of the militia of 
 the United States," shall be paid for each year, respectively, 
 out of any moneys in the Treasury not otherwise appropri- 
 ated. 
 Thisappropvia- Sec. 2. That the sum appropriated, to be paid as afore- 
 iil^eaJried to th^said, shall be applied for the purpose, and according to the 
 snrpins fund, intcntiou Specified in said act, without being liable at any 
 time to be carried to the account of the surplus-fund. And 
 nothing in the act of the third of March, one thousand eight 
 hundred and nine, entitled "An act further to amend the sev- 
 eral acts for the establishment and regulation of the Treasury, 
 War, and Navy Departments," shall be construed to authorize 
 Not tobe trans- the transferring of the sum annually appropriated as afore- 
 othOT* branoh"S ®^^*1> ^i" any portion thereof, to any other branch of expendi- 
 
 expenditnre. turC.'^ 
 
 Chapter li2.— Approved April 29, 1816.— Foi. 3 p. 323. 
 
 AN ACT to increase the compensation of the superintendents of the 
 manufactories of arms at Springfield and Harper's Ferry. 
 
 That, in addition to the pay and rations, as at present fixed, 
 of the superintendents of the manufactories of arms at 
 Springfield and Harper's Ferry, they shall receive thirty 
 dollars per month, and one ration per day.' 
 
 Chapter i5.— Approved March 3, 1817.— Fo?. 3, p. 366. 
 
 AN ACT to provide for the prompt settlement of public accounts. 
 
 AccoontantB That from and after the third day of March next the 
 ai)>iished. offices of accountant* and additional accountant^ of the De- 
 
 > Chap. 38 ; but see sec. 3, chap. 42, August 3, 1861, and sec. 9, chan 133 
 July 5, 1862 ; also sec. 21, act of July 28, 1866. 
 
 2 The authority of the President to transfer from one head of appropri- 
 ation to another under the act of March 3, 1809, and subsequent acts is 
 repealed by sec. 2, chap. 8, of 1868, post. 
 
 " These manufactories are again in charge of ordnance oflSoers 
 
 ■•Established by act of May 8, 1792, chap. 37. 
 
 « Appointed by chap. 110, April 29, 1816. 
 
19 
 
 partnieut of War, the office of accountant of the Navy, and superintendent- 
 the office of Superintendent-General of Military Supplies, '^^^^^'^f^^/pj^'f^ 
 be, and they are hereby, abolished. abdusiied. 
 
 Sec. 2. That from and after the said third day of March -^^u «iaims and 
 next, all claims and demands whatever, by the United seTtTed S the 
 States or against them, and all accounts whatever in which Treasury Depart- 
 the United States are concerned, either as debtors or as 
 creditors, shall be settled and adjusted in the Treasury 
 Department. 
 
 Seu. 3. That from and after the third day of March next. Auditors and 
 in addition to the officers in the Treasury Department ^'""i"™"''''- 
 already established by law, there shall be the following 
 officers, namely : four Auditors and one Comptroller. 
 
 Skc. 4. That it shall be the duty of the First Auditor to Duty of the 
 receive all accounts accruing in the Treasury Department, ■^"'^' '*^"''^""'" 
 and, after examination, to certify the balance and transmit 
 the accounts, with the vouchers and certificate, to the First 
 Comptroller, for his decision • thereon ; that it shall be the Dnty of the 
 duty of the Second Auditor to receive all accounts relative ^'""'''- Auditor. 
 to the pay and clothing of the Army, the subsistence of 
 officers, bounties and premiums, military and hospital stores, 
 and the contingent expenses of the War Department; that 
 it shall be the duty of the Third Auditor to receive all ac- Dnty of the 
 counts relative to the subsistence of the Army, the Quar- ''^''"■'' ^"'"''"^■ 
 termaster's Department, and generally all accounts of the 
 War Department other than those provided for; and it 
 shall be the duty of the Fourth Auditor to receive all ac- Duty of the 
 counts accruing in the Navy Department, or relative ^''"'■''' ^"'^'*'"- 
 thereto ; and the Second, Third, and Fourth Auditors 
 aforesaid shall examine the accounts respectively, and cer- 
 tify the balance, and transmit the accounts, with the vouchers 
 and certificate, to the Second Comptroller for his decision 
 thereon ; and it shall be the duty of the Fifth Auditor to Duty of the 
 receive all accounts accruing in or relative to the Depart- ^^"'^ Auditor. 
 ment of State, the General Post- Office/ and those arising 
 out of Indian affairs, and examine the same, and thereafter 
 certify the balance, and transmit the accounts, with the 
 vouchers and certificate, to the First Comptroller, for his 
 decision thereon: Provided, That the President of the 
 United States may assign to the Second or Third Auditor 
 the settlement of the accounts which are now confided to 
 the additional accountant of the War Department. 
 
 Sec. 5. That it shall be the duty of the Auditors charged Further duties 
 with the examination of the accounts of the War and Navy °^ ""^ Auditors. 
 Departments to keep all accounts of the receipts and ex- 
 penditures of the public money in regard to those Depart- 
 ments, and of all debts due to the United States on moneys 
 advanced relative to those Departments ; to receive from 
 the Second Comptroller the accounts which shall have been 
 finally adjusted ; and to preserve such accounts, with their 
 vouchers and certificates; and to record all warrants drawn 
 by the Secretaries of those Departments, the examination of 
 the accounts of which has been assigned to them by the 
 
 ' Established by act of March 3, 1813. 
 
 - The accounts of the Post-Office Department are now audited by the 
 Sixth Anilitor of the Treaenrv. 
 
20 
 
 Auditors to re- ijreceding section. And it shall be tbe duty of the said 
 ?eteril°3*of «fe Auditors to make such reports on the business assigned to 
 ■War and Navy them as the Secretaries of the "War and Navy Departments 
 Pepartments. ^^^ ^^^^^^ necessary and require for the services of those 
 Departments. 
 Duty of riist Sec. 8. That it shall be the duty of the First Comptroller 
 comptronor. ^^ examine all accounts settled 'by the First and Fifth 
 Auditors, and certify the balances arising thereon to the 
 Eegister; to countersign all warrants drawn by the Secre- 
 tary of the Treasury which shall be warranted by law; to 
 report to the Secretary the official forms to be issued in tlje 
 different offices for collecting the public revenue, and the 
 manner and form of keeping and stating the accounts of the 
 several persons employed therein ; he shall also superintend 
 the preservation of thepublic accounts subject to his revision, 
 and provide for the regular jiayment of all moneys which 
 may be collected. 
 Duty of Second Sbc. 9. That it Shall be the duty of the Second Comp- 
 comptroikr. troller to examine all accounts settled by the Second, Third, 
 and Fourth Auditors, and certify the balances arising there- 
 on to the Secretary of the Department in ■which the expendi- 
 ture has been incurred ; to countersign all warrants drawn 
 by the Secretaries of the War and Navy Departments which 
 shall be warranted by law ; to report to the said Secretaries 
 the official forms to be issued in the different offices for dis- 
 bursing the public money in those Departments, and the 
 manner and form of keeping and stating the accounts of the 
 persons employed therein ; and it shall also be his duty to 
 superintend the preservation of the public accounts subject 
 to his revision. 
 TEvidenoe in Sec. 11. That thpprovisiou Contained in the sccoud scction 
 X* acooHnte "of "f t^® ^^* passed the third March, one thousand seven huu- 
 war and BTaTy drcd and ninety-scvcu, entitled "An act to provide more effec- 
 Departments. ^.^^^jj^ ^^j. ^^^ settlement of accouuts between the United 
 States and receivers of public money," which directs that, 
 in every case where suit has been or shall be instituted, a 
 transcript from the books and proceedings of the Treasury, 
 certified by the Eegister, shall be admitted as evidence, be 
 extended, in regard to the accounts of the War and Navy 
 Departments, to the Auditors respectively charged with the 
 examination of those accounts, and that certificates signed 
 by them shall be of the same effect as that directed to be 
 signed by the Eegister. 
 Auditors may Sbc. 12. That the Auditors of the public accounts shall be 
 administer oaths, empowered to administer oaths or affirmations to witnesses 
 in any case in which .they may deem it necessary for the 
 due examination of the accounts with which they shall be 
 charged.^ 
 
 i"Iii the performance of their official duty, the Treasury officers 
 act uuder the authority of law. Their acts are public, aud atftct 
 ; the rights of individuals as well as those of the Goverumeut. In the 
 
 adjustment of an account they sometimes act judicially, and their acts 
 are all recorded on the books and files of the Treasury Department. So 
 far as they act strictly within the rules prescribed for the exercise of 
 their powers, their decisions are, in effect, final, for if au appeal be 
 nia<le, they will receive judicial sanction. Accounts amounting to many 
 millions anuually come uuder the action of these officers: it is therefore 
 
21 
 
 Chapter 96.—A;pproved March 3, 1817.— Vol. 3, p. 390. 
 
 AN ACT supplementary to an act entitled "An act further to amend 
 the several acts for the establishment and regulation of the Treasury, 
 War, and Navy Departments." 
 
 That nothing contained in the act of the third March, one Apro^riations 
 thousand eight hundred and nine, entitled "An act further arseSf'^'^o- 
 to amend theseveral actsfor the establishment and regulation ™f^. '^g'™jJj,'i''{'o 
 of the Treasury, War, and Navy Departments," shall be con- be'appiiei toany 
 strued to authorize the President of the United States to direct expradSe* "^ 
 any sum appropriated to fortifications, arsenals, armories, 
 custom-houses, docks, navy-yards, or buildings of any sort, 
 or to munitions of war, or to the pay of the Army or Navy, 
 to be applied to any other object of public expenditure.^ 
 
 Chapter o2. — Approved May 1, 1820. — Vol. 3, p. 567. 
 
 AN ACT in addition to the several acts for the establishment and regu- 
 lation of the Treasury, War, and Navy Departments. 
 
 That it shall be the duty of the Secretary of the Treasury tju expended 
 to cause to be carried to the accouut of the surplus-fund riea^to*'tiM sur- 
 auy moneys appropriated for the Department of War, or of pi^sfnnd. 
 the Navy, which may remain unexpended in the Treasury, 
 or in the hands of the Treasurer, as agent for those Depart- 
 ments, whenever he shall be informed by the Secretaries of 
 those Departments that the object for which the appropria- 
 tion was made has been effected. And it shall be the duty 
 of the Secretaries of War and Navy Departments to cause 
 any balance of moneys drawn out of the Treasury, which 
 shall remain unexpended after the. object for which the 
 appropriation was made shall be effected, to be repaid to 
 the Treasury of the United States, and such moneys, when 
 so repaid, shall be carried to the surplus-fund. 
 
 Sec. 2. That it shall be the duty of the Secretaries of the statements of 
 War and Navy Departments to lay before Congress, ou the b^HaS^'^befora 
 first day of February of each year, a statement of the appro- congress annu- 
 Ijriations of the preceding year for their Departments, re- " ^' 
 spectively, showing the amount appropriated under each 
 siieciflc head of appropriation ; the amount expended under 
 
 of great importance to the public, and to individuals, that the rules by 
 which they exercise their powers should be fixed and known." (United 
 States !JS. Jones, 8 Peters, 375.) See "Digest of Decisions in the Office 
 of the Second Comptroller," edition 1865. A familiarity Tvith these 
 decisions will be found eminently useful to officers of the Ordnance De- 
 partment who are charged with the procurement of public supplies, and 
 to all who are charged with money responsibility in the Ordnance De- 
 partment. 
 
 ' By the provisions of the act of ilarch 3, 1809, the President was author- 
 ized, in the recess of Congress, on the application of the Secretary of a 
 Department, to direct that a portion of the moneys appropriated for a 
 particular branch of expenditure iu that Department be applied to 
 another branch of expenditure in the same Department. These provis- 
 ions are further modified by 1st May, 1820, but see chap. 8, of February 
 13, 1868, which prohibits the use of public money for any purpose other 
 than that for which appropriated. 
 
22 
 
 each ; aad the balance remaining unexpended, either in the 
 Treasury, or in the Treasurer's hands, as agent of the War 
 and Navy Departments, on the 31st December preceding ; 
 Annual esti- and it shall be further the duty of the Secretaries afore- 
 matcs. ga,i,j to estimate the probable demands which may remain 
 
 on each appropriation, and the balance shall be deducted 
 from the estimates of their Departments, respectively, for 
 the service of the current year ; and accounts shall also be 
 annually rendered in manner and form as aforesaid, exhibit- 
 ing the sums expended out of the estimates aforesaid, and the 
 balance, if anj', which may remain on hand, together with 
 such information connected with the same as shall be 
 deemed proper. # # * # * 
 
 No contracts to Sbc. 6. That no contract^ shall hereafter be made by the 
 nndS-^^autifority Secretary of State, or of the Treasury, or of the Department 
 of law and ade- of War, Or of the Navy, except under a law authorizing the 
 quate ^w'^"!'"^' gg^mg, or under an appropriation adequate to its fulfilment; 
 Exception. and excepting, also, contracts for the subsistence and cloth- 
 ing of the Army or Navy, and contracts by the Quarter- 
 master's Department, which may be made by the Secre- 
 taries of those Departments. 
 So land to be Sbc. 7. That no^ land shall be purchased on account of 
 ?mTtedfstetes'e" tl*^ United States, except under a law authorizing such 
 
 cept under au- purchase, 
 thority of law. 
 
 Chaptek 102.— Approved May 15, 1820.— ToZ. 3, p. 582. 
 
 AN ACT to limit the term of office of certain officers tlierein named, and 
 for other pnrposes. 
 
 The President Sec. 3. That it Shall be lawful for the President of the 
 T^atffj^Til United States, and he is hereby authorized, from time to 
 crease official time, 38 in Ws opiuiou the interest of the United States may 
 cases^ ^ °°'^''™ require, to regulate and increase the sums for which the 
 bonds required, or which may be required by the laws of 
 the United States, to be given by the said ofilcers,^ and 
 by all other officers employed in the disbursement of the 
 public moneys under the direction of the War or Navy 
 Departments, shall be given ; and all bonds given in con- 
 formity with such regulations, shall be as valid and effect- 
 ual, to all intents and purposes, as if given for the sums re- 
 spectively mentioned in the laws requiring the same. 
 
 Chapter 107. — Approved May 15, 1820. — Vol. 3, p. 592. 
 
 AN ACT providing for the better organization of the Treasury Depart- 
 ment. 
 
 Law officer to SECTION 1. That it Shall be tbe duty of such officer of 
 snnenntOTd" all the Trcasury Department as the President of the United 
 
 orders, Bnita, and „ , , j.^, , ,„.-„ , 
 
 proceedings for ' See sec. 4, act ot May 4, lSo8 ; and sec. lOj act March 2, 1861 • and sec 
 recoTory of 13, act of .Tuly 17, 1862. ' ' 
 
 u™f ^ st't' 3^" ^ ^®® J"'"* resolution of Septemher 11, 1841, post. 
 e a e . 3 Certain civil officers named in the first section. 
 
23 
 
 States shall from time to time designate for that purpose, 
 as the agent of the Treasury to direct and superintend all 
 orders, suits, or proceedings, in law or equity, for the recovery 
 of money, chattels, lands, tenements, or hereditaments, in the 
 name and for the use of the United States.^ 
 
 Sec. 3. That from and after the thirtieth day of Septem- Disbnrsing of- 
 ber next, if any officer employed, or who has heretofore been fcoounf m^^pay 
 employed, in the civil, military, or naval Departments ofo^rtote prose- 
 the Government to disburse the public money appropriated *^"""^' ^''' 
 for the service of those Departments, respectively, shall fail 
 to render his accounts, or pay over in the manner and in 
 the times required by law or the regulations of the Depart- 
 ment to which he is accountable, any sum of money remain- 
 ing in the hands of such officer, it shall be the duty of the 
 First or Second Comptroller of the Treasury, as the case 
 may be, who shall be charged with the revision of the ac- 
 counts of such officer, to cause to be stated and certified the 
 account of such delinquent officer to the agent of the Treas- 
 ury, who is hereby authorized and required immediately to 
 proceed against such delinquent officer in the manner di- 
 rected in the preceding section, all the provisions of which 
 are hereby declared to be applicable to every officer of the 
 Oovernment charged with the disbursement of the public 
 money, and to their sureties, in the same manner and to the 
 same extent as if they had been described and enumerated 
 in the said section: Provided^ nevertheless, That the said 
 agent of the Treasury, with the approbation of the Secretary 
 of the Treasury, in cases arising under this or the preceding 
 section, may postpone, for a reasonable time, the institution 
 of the proceedings required by this act, where, in his opinion, 
 the public interest will sustain no injury by such postpone- 
 ment. 
 
 Sec. 4. That if any person should consider himself ag- persons ag- 
 grieved by any warrant issued under this act, he may prefer gj^j^^^Ju^Jf/^P^ 
 a. bill of complaint to any district judge of the United States plaint to the dis- 
 setting forth therein the nature and extent of the injury of '^^'"'J'^^se, &o. 
 which he complains ; and thereupon the judge aforesaid may, Proceeding* 
 if, in his opinion, the case requires it, grant an injunction to''^"™™" 
 stay proceedings on such warrant altogether, or for so much 
 thereof as the nature of the case requires ; but no injunction 
 shall issue till the party applying for the same shall give 
 bond and sufficient security,conditioned for the performance of 
 such judgment as shall be awarded against the complainant, 
 in such amount as the judge granting the injunction shall 
 prescribe; nor shall the issuing of such injunction in any 
 manner impair the lieu produced by the issuing of such 
 warrant. And the same proceedings shall be had on such 
 injunction as in other cases, except that no answer shall be 
 necessary on the part of the United States ; and if, upon 
 dissolving the injunction, it shall appear to the satisfaction 
 of the judge who shall decide upon the same that the appli- 
 cation for the injunction was merely for delay, in addition Damages, if in- 
 to the lawful interest which shall be assessed on all sumsJ^"^°g^*j°j."^J|j** 
 which may be found due against the complainant, the said 
 
 ' Act of May 29, 1830, vests this duty in tlie Solicitor of the Treasury. 
 
24 
 
 judge is hereby authorized to add such damages as that, 
 with the lawful interest, it shall not exceed the rate of ten 
 per centum per annum on the principal sum. 
 Injunction Sbc. 5. That such injunctions may be granted or dissolved 
 l^co^vt "^ ™*lJy such judge either in or out of court. 
 
 ?er^sona^ag- gEC. 6. Thatif any person Shall Consider himself aggrieved 
 
 St^Vdge may by the decision of such judge, either in refusing to issue the 
 
 oPt'fi6*°Suprem6^°J'^^''*'^°°' *"'^' if granted, on its dissolution, it shall bccom- 
 
 conrt of^thepetent for such person to lay a copy of the proceedings had 
 
 United states, jjeforc the district judge, before a judge of the Supreme 
 
 Court, to whom authority is hereby given, either to grant 
 
 the injunction or permit an appeal, as the case may be, if, 
 
 in the opinion of such judge of the Supreme Court, the equity 
 
 of the case requires it ; and thereupon the same proceedings 
 
 shall be had upon such injunction in the circuit court as 
 
 are prescribed in the district court, and subject to the same 
 
 conditions in all respects whatsoever. 
 
 Ohaptee 13.— A])proved March 2, 1821.— TbL 3, j;. 615. 
 
 AN ACT to reduce and fix tlie military peace establishment of the United 
 
 States. 
 
 Eeduction of That,' from and after the 1st day of June next, the mili- 
 the Army. ^^^.j pgjjgg establishment of the United States shall be com- 
 posed of four regiments of artillery and seven regiments of 
 infantry, with such officers of engineers, of ordnance, and 
 of the staff, as are hereinafter provided for. 
 
 Sec. 2. That each regiment of artillery shall consist of 
 one colonel, one lieutenant colonel, one major, one sergeant- 
 major, one quartermaster sergeant, and nine companies, one 
 of which shall be designated and equipped as light artillery; 
 SapeTimmev!).Tj and^ that there shall be attached to each regiment of artilleru 
 
 captams to per- j. ■ _t ^ , , . , 
 
 form ordnance ome Supernumerary captain to perform ordnance duty; and 
 ^"*y- that each company shall consist of one captain, two first 
 
 lieutenants, two second lieutenants, four sergeants, four 
 corporals, three artificers, two musicians, and forty-two 
 privates. That each regiment of infantry shall consist of 
 one colonel, one lieutenant colonel, one major, one sergeant- 
 major, one quartermaster sergeant, two principal musicians, 
 and ten companies ; each of which shall consist of one cap- 
 tain, one first lieutenant, one second lieutenant, three ser- 
 geants, four corporals, two musicians, and forty-two pri- 
 vates ; and that to each regiment of artillery and infantry 
 there ^hall be one adjutant, who shall be taken from the 
 subalterns of the line, 
 o^ance De- Sbc. 4.= That the Ordnance Department shall be merged in 
 Fnthelrtinl^? the artillery ; and that the President of the United States 
 be, and he is hereby, authorized to select from the regiments 
 of artillery such officers as may be necessary to perform 
 
 ' This first section is much altered hy subsequent acts. 
 
 ^The clause as to supernumerary captains of artillery is recealed bv 
 the 5th April, 1832, chap. 67, sec. 3. i r j 
 
 = The ordnance is reorganized, and the clause merging it in the artillery 
 is repealed, by the 5th April, 1832, chap. 67, sec. 3. aruiiery 
 
25 
 
 ordnance duties, who, while so detached, shall receive the officers ae- 
 pay and emoluments -nowi received by ordnance officers, nan'ce'^dut^s"^!*' 
 and shall be subject only to the orders of the War Depart- te subject ooiy to 
 ment; and that the number of enlisted men in -the Ord- VarDepM-tm'nt 
 nance Department be reduced to flftv-six. Eniuted men 
 
 of ordnance re- 
 duced to 56. 
 
 Chapter 90.— Approved Mm] 7, 1822.— Vol. 3, p. G89. 
 
 AN ACT further to amend the several acts relative to the Treasury, 
 War, and Navy Departments. 
 
 Sec. 3. That all moneys appropriated for the use of the Moneys for 
 War and Navy Departments shall, from and after the dayDepartmen't?, 
 and year last aforesaid, [30th day of June, 1822,] be drawn ^"^^.^^Y^^.y^™"' 
 from the Treasury, by warrants of the Secretary of the 
 Treasury, upon the requisitions of the Secretaries of those 
 Departments, respectively, countersigned by the Second 
 Comptroller of the Treasury, and registered by the proper 
 Auditor. 
 
 Proviso. 
 
 Chapter 9. — Approved January 31, 1823. — Vol. 3, p. 723. 
 AN ACT concerning the dishursement of public money. 
 
 That, from and after the passing of this act, no advance No advance of 
 of public money shall be made in any case whatever; but Se''mld™°"^^ ** 
 in all cases of contracts for the performance of any service, 
 or the delivery of articTes of any description, for the use of 
 the United States, payment shall not exceed the value of 
 the service rendered, or the articles delivered, previously to 
 such payment : Provided, That it shall be lawful, under the i'™viso. 
 especiaP direction of the President of the United States, to 
 make such advances to the disbursing officers of the Gov- 
 ernment as may be necessary to the faithful and prompt 
 discharge of their respective duties, and to the fulfillment 
 of the public engagements : And provided also, That the 
 President of the United States may direct such advances 
 as he may deem necessary and proper to such persons in 
 the military and naval service as may be employed on dis- 
 tant stations, where the discharge of the pay and emolu- 
 ments to which they may be entitled cannot be regularly 
 efif'ected. 
 
 Sec. 2. That every officer or agent of the United States to^be^-'rendere*! 
 who shall receive public money which he is not authorized quarterly. 
 to retain as salary, pay, or emolument, shall render his 
 accounts quarter-yearly' to the proper accounting officers of 
 
 f 
 
 • By the 5th April, 1832, chap. 67, sec. 4, the pay and emoluments o 
 the officers of the ordnance the same as were allowed to artillery officers- 
 
 * The President is not expected to be the administrative officer of the 
 Departments, and his general order to the Bureaus to advance funds to 
 disbursing officers authorizes such payments. — (1 How., 290, Williams vs. 
 United States.) 
 
 'Now rendered monthly. See act of July 17, 1862, chap. 199, and Ees. 
 No. 48 of 1867. 
 
26 
 
 the Treasury, with the vouchers necessary to the correct 
 and prompt settlement thereof, within three months, at 
 least, after the expiration of each successive quarter, if resi- 
 dent within the United States ; and within six months, if 
 Proviso. resident in a foreign country : *Provided, That nothing herein 
 
 contained shall be construed to restrain the Secretaries of 
 any of the Departments from requiring such returns from 
 any officer or agent, subject to the control of such Secretaries, 
 as the public interest may require. 
 Penalty for Tio- Sbc. 3. That every ofiieer or agent of the United States 
 «eding section™' who Shall oflfend against the provisions of the preceding sec- 
 tions, shall, by the officer charged with the direction of the 
 Department to which such offending officer is responsible, 
 be promptly reported to the President of the United States, 
 and dismissed from the public service :^ Provided, That in 
 all cases where any ofttcer, in default as aforesaid, shall 
 account to the satisfaction of the President for such default, 
 he may be continued in office, anything in the foregoing 
 provision to the contrary notwithstanding. 
 Security to tiie Sec. 4. That uo Security given to, or obligation entered 
 to°'be^ impaired! into with, the Government, shall be in anywise impaired by 
 ■*c. ' the dismissing any officer, or from failure of the President 
 
 to dismiss any officer, coming under the provisions of this 
 act. 
 
 Cha-ptee 37.— Approved March 1, 1823. — Vol. 3, p. 770. 
 
 AN ACT in addition to the act entitled " An act for the prompt settle- 
 ment of public accounts," and for the punishment of the crime of 
 perjury. 
 
 raise swearing Sec. 3. That if any person shall swear or^ affirm falsely 
 tures" of ^pubUo touching the expenditure of public money, or in support of 
 ™°°Tt'ofoiaimr ^^^ claim against the United States, he or she shall, upon 
 to'be'perjury™^' conviction thereof, suffer as for willful and corrupt perjury. 
 
 Chaptek 11.— Approved March 3, 1823.— Foi. 3, p. 788. 
 
 AN ACT to establish a national armory on the ■western water's.^ 
 
 N-ationai ar- That the President of the United States be, and he is 
 
 "Sa!"""*'™l»ereby, authorized to employ a skillful engineer or officer 
 
 of the Ordnance Department, with such other person or 
 
 persons as he may judge proper, to examine the most suit- 
 
 ' See act of July 17, 1862, chap. 199, modifying this provision. "^ 
 ^ This includes all cases of swearing, &c.,'required by the practice of 
 the Treasury Department, in the expenditure of public money, or in sup- 
 port of any claims against the United States. (9 Peters, 238, 256, United 
 States Ds. Bailey.) When the oath is taken before a State or national 
 magistrate authorized to administer oaths in pursuance of any regu- 
 lations prescribed by the Department, or in conformity with the prac- 
 tice of the Department, so that the afiftdavit would be admissible evidence 
 at the Department in support of any claim against the United States, 
 and the party swears falsely, the case is vrithin the purview of the stat- 
 ute of 1823. — {lUd.) 
 » See act July 11, 1862, chap. 148, establishing an arsenal at Eock Island. 
 
27 
 
 able site for a uatioual armory ou the westera waters; and that 
 the said engineer, and such other person or persons, be re- 
 quested to report^ the result of their examinations to Congress 
 at the commencement of its next session, particularly desig- 
 nating the sites by them examined, with the comparative 
 advantages of each, and an estimate showing the amount 
 necessary for purchasing each, and erecting all necessary 
 buildings thereon. 
 
 Sbo. '2. That the sum of five thousand dollars be, and 
 the same is hereby, appropriated to effect the object of 
 this act. 
 
 Chapter 93. — Approved. March 3, ISl-'u. — Vol. 4, j). 127. 
 
 AN ACT to authorize the sale of unserviceable ordnance, arms, and 
 military stores.^ 
 
 That the President of the United States be, and lie is^^^™^^«^'i''run- 
 hereby, authorized to cause to be sold any ordnance, arms, nance, anns'and 
 ammunition, or other military stores, or subsistence, or "^'^^j^y ^'""■"^ '° 
 medical supplies, which, upon proper inspection or survey, 
 shall appear to be damaged, or otherwise unsuitable for the 
 public service, whenever, in his opinion, the sale of such 
 unserviceable stores will be advantageous to the public 
 service.-' 
 
 Sec. 2. That the inspection or survej' of the uiiservice- inspection of 
 able stores shall be made by an Inspector-General, or such^owmade^""'"'' 
 other officer or officers as the Secretary of "War may appoint 
 for that purpose; and the sales shall be made under such 
 rules and regulations as may be prescribed by the Secretary 
 of War. 
 
 Purchase of sites for certain arsenals. 
 
 [By chap. 82, May 20, 1826, vol. 4,. p. 178, Secretary of 
 AVar to cause to be purchased, in the vicinity of Augusta, 
 Georgia, a proper site for a United States arsenal. A sum 
 not exceeding $70,000 appropriated, &c.] 
 
 [By chap. 88, May 20, 1826, vol. 4, p. 179, Secretary of 
 ^Var to purchase a site for an arsenal at or in the vicinity 
 of Saint Louis, Missouri. $15,000 appropriated.] 
 
 [By chap. 80, March 3, 1827, vol. 4, p. 241, Secretary of 
 ^Var authorized to purchase a site for an arsenal in Augusta, 
 Maine.] 
 
 Chapter 2. — Approved January 25, 1828.— Toi. 4, j). 246. 
 
 AN ACT to prevent defalcations on the part of the disbursing agents 
 of the Government, and for other purposes. 
 
 That no money hereafter appropriated shall be paid to any x o public 
 person for his compensation who is in arrears to the United ™?°8ys *» to 
 
 ^ ^ paia aa compen- 
 
 1 For report see Ex. Doc. No. 55, 18th Cong., Sd Sess., and Ex. Doc. No. f^'f™ *° persons 
 120, 25th Cong., 2d Sess. U.5S sLtos 
 
 2 But see joint resolution July 20, 1868, posf. 
 
 " See Revised Army Regulations of 1863, paragraphs 1023 and 1032 and 
 (i. O. No. 189 of 1862, A. G. 0. See also chap. 140, May 8, 1872, and chap. 
 348 of June 8, IST^post; and G. O. Nos. 81 and 84, A. G. O., 1872. 
 
28 
 
 States, uutil such person shall have accounted for and paid 
 into the Treasury all sums for which he may be liable: Pro- 
 Proviso. vided, That nothing herein contained shall be construed to 
 
 extend to balances arising solely from the depreciation of 
 Treasury notes received by such person, to be expended in 
 the public service; but in all cases where the pay or salary 
 of any person is withheld in pursu.ance of this act, it shall 
 be the duty of the accounting officers, if demanded by the 
 party, his agent, or attorney, to report, forthwith, to the 
 agent of the Treasury Department, the balance due ; and it 
 shall be the duty of the said agient, within sixty days there- 
 after, to order suit to be commenced against such delinquent 
 and his sureties. 
 
 Chapter C7. — Approved April 5, 1832. — Vol. i, p. 504. 
 
 AN ACT providing for the orgauizatioQ of the Ordnance Department.' 
 
 tiieOrflJanceDe- That, from and after the passage of this act, the Ordnance 
 partment. Department shall consist of one colonel,^ one lieutenant-col- 
 
 onel, two majors, and ten captains, and as many enhsted 
 men as the public service may require, not exceeding two 
 hundred and fifty. 
 Ordnance ser- Sec. 2. That the Secretary of War be authorized to select 
 gcauts. froni the sergeants of the line of the Army, who shall have 
 
 faithfully served eight years in the service, four years of 
 which in the grade of non-commissioned officer, as many 
 ordnance sergeants as the service may require, not to exceed 
 one for each military post; whose duty it shall be to receive 
 and preserve the ordnance, arms, ammunition, and other 
 military stores at the post, under the direction of the com- 
 manding officer of the same, and under such regulations as 
 shall be prescribed by the Secretary of War, and who shall 
 receive for their services five dollars per month in additiou 
 to their pay in the line. 
 Act merging Sbc. 3. That the first section of the act passed on the 
 thi artSfer™ to- eighth of February, one thousand eight hundred and fifteen, 
 x)eaieci. entitled "An act^ for the better regulation of the Ordnance 
 
 Department," and so much of the second section of the act 
 entitled "An act* to reduce and fix the military peace estab- 
 lishment of the United States," passed the second of March, 
 one thousand eight hundred and twenty-one,' as provides 
 for one supernumerary captain to each regiment of artillery 
 to perform ordnance duty, and so much of the fourth section 
 of the same act as merges the Ordnance Department in the 
 artillery, and reduces the number of enlisted men, be, and 
 
 'See State Papers, let sees. 20th Cong., vol. I, doc. 2, pp. 42, 93-96; 
 also, Senate Documents, 1st sess. 21st Cong., vol. I, doc. I, p. 118; and 
 Ex. Doc. 1st sess. 22d Cong., vol. I, doc. 2, pp. 23, 138-143. See also 
 Gales & Seaton's Register of Debates, 1831-'32, vol. VIII, part II, 2242- 
 2247. (For a resume of these see pamphlet of Colonel S. V. Ben^t, of 
 April 5, 1872, in reply to inquiries of the House. Military Committee.) 
 
 2 See 5th July, 1838, chap. 162, and note. See also sec. 3, chap. 42,- 
 August 3, 1861, for further increase, and sec. 21, chap. 299, July 28, 1866. 
 
 ^ Chap. 38. 
 
 ■" Chap. 13. 
 
29 
 
 the same are hereby, repealed : Provided, That nothing eon- Proviso, 
 tained in this act shall be so constraed as to divest the 
 President of the United States of authority' to select from 
 the regiments of artillery such number of lieutenants as 
 may be necessary^ for the performance of the duties of the 
 Ordnance Department. 
 
 Sec. 4. That all officers and enlisted men authorized by officers and 
 this act shall be subject to the Rules and Articles of War, and ^yeot to'^Kuies 
 that the officers' shall receive the pay and emoluments now and Articles of 
 allowed, or which may hereafter be allow^ed, to artillery payof officers. 
 officers. 
 
 Chapter 35'6.— Approved July i, 1836. — Vol. o, p. 117. 
 
 AN ACT to antliorize the appointment of additional paymasters, and fov 
 other purposes. 
 
 Sec. 5. That during the absence of the Quartermaster-Gen- in absence of 
 eral, or the chief of any other military Bureau of the Wartt^'pros^i'dlnt 
 Department,* the President be authoTized to empower some may empower 
 officer of the Department or corps whose chief is absent, to the"corps t"per- 
 take charge thereof and to perform the duties of Quarter- f"™ ^^^ duties. 
 master-General or chief of the Department or corps, as the 
 case may be, during such absence : Provided, That no addi- 
 tional compensation be allowed therefor. 
 
 Chapter 162. — Approved July 5, 1838.— Foi. 5, p. 258. 
 
 AN ACT to increase the present military establishment of the United 
 States, and for other purposes. 
 
 Sec. 13. That the President of the United States be, and ordnance De- 
 he is hereby, authorized to add^ to the Ordnance Depart- Creased.""' '"" 
 ment,^ whenever he may deem it expedient to increase the 
 same, by and with the advice of the Senate, two majors ; 
 and that he be further authorized to transfer ten first lieu- 
 tenants and ten' second lieutenants from the artillery to 
 the Ordnance Department ; and that the pay and emolu- 
 ments of the officers of the said Department shall be the 
 same as those allowed to the officers of the regiment of dra- 
 goons.^ 
 
 Sec. 14. That so much of the fourth section of the act ?io per month 
 passed fifth of April, eighteen hundred and thirty-two, for f "V oTouu n '| 
 the organization of the Ordnance Department, as authorizes a™s, &c., ex' 
 
 *=' ^ ' . lendea to ord 
 
 1 T» ni-Kr 1 lani nance officers. 
 
 1 By 2d March, 1821. 
 
 '-' .See 5th July, 1838, for additional ; and 1st July, 1833, and 3d March, 
 1847. 
 
 " See 5th July, 1838, allowing pay of dragoons. 
 
 "But see act Jnly 23, 1868, chap. 227, vol. 15. p. 168. 
 
 •^ lucrcaao of, by the 3d March, 1847, chap. 61, sec. 16. 
 
 "Organization of, 5th April, 1832, chap. 67. See sec. 3, chap. 42,3d 
 Aug., 18m, and sec. 21, chap. 299, July 28, 1866. 
 
 ' "Twelve," by the 7th July, 1838, chap. 194; but see now the act of 
 July 28, 1866, post. 
 
 " Formerly paid as the artillery, by the 8th Feb., 1815, chap. 38, sec. 11, 
 and 5th April, 1832, cliai). 67, sec. 4. 
 
30 
 
 the officers of ordnance to receive the same pay and emolu- 
 ments now allowed artillery officers, shall be construed to 
 include the ten dollars per month additional pay to every offi- 
 cer in the actual command of a company, as compensation 
 for the duties and responsibilities with respect to clothing, 
 arms, and accoutrements of the company, under the author- 
 ity of the second section of the act passed second of March, 
 eighteen hundred and twenty-seven, giving further com- 
 pensation to the captains and subalterns of the Army of the 
 
 Proviso. United States in certain cases : Provided, That the oflcers of 
 the Ordnance Department claiming the compensation for such 
 duties and responsibilities shall have been actuallyin the com- 
 mand of enlisted men of the ordnance, equal to a company of 
 artillery, and thereby incurred the aforesaid responsibilities.' 
 
 Mail-matter Sec. 21. That all letters and packages on public business 
 ^'■^*- to and from the commanding general, the colonel of ord- 
 
 nance, the Surgeon-General, and the head of the Topograph- 
 ical Corps, shall be free from postage.^ 
 
 Pay of military Sbc. 26. That the Compensation hereafter to be allowed 
 store-keepers. ^^ g^^jj ordnancc storc-kcepers as shall be designated as 
 paymasters shall not exceed the pay and emoluments of a 
 captain of ordnance.^ 
 
 Pay of super- Sbc. 32. That the superintendents of the armories at 
 
 tton^Smorier' Springfield and Harper's Ferry^ shall hereafter receive each 
 
 the sum of one thousand five hundred dollars,^ and rations, 
 
 M a st er-armo- fuel, and quarters as at present authorized ; and that the mas- 
 »r™„riL°''*""'^'ter-armorers of the same shall each receive the sum of one 
 thousand two hundred dollars, and fuel and quarters as at 
 present authorized ; and that the aforesaid sums and allow- 
 ances to the officers aforesaid shall be in full compensation 
 for their services respectively. 
 
 armories. 
 
 ChAptee 194:.— Approved July 7, 183S.— Vol. 5, p. 308. 
 
 AN ACT supplementary to an act entitled "An act to increase tbe 
 present military establishment of the United States, and for other pur- 
 poses," approved July fifth, eighteen hundred and thirty-eight.^ 
 
 be^ddS"™ ord^ ^<'^'''t^- That the number'' of lieutenants authorized by 
 nance Depart- Said act to be added and transferred to the Ordnance Depart- 
 ment limited to mg^t gjjan ^jg limited to twelve. 
 
 Ohaptee 82.— Approved March 3, 1839.— FoL 5, p. 349. 
 
 AN ACT making appropriations for the civil and diplomatic expenses 
 of the Government for the year eighteen hundred and thirty-nine. 
 
 fi^d Sry tfr^ ^^^' ^" '^^'^^ ^'^ officcr in any branch of the public service, 
 ceive extra allow- or any Other person whose salaries or whose pay or emolu- 
 
 ance nnless au- 
 thorized bylaw. ' Sec. 24, act July 15, 1870, post, abolishes this allowance. 
 
 - See note to chap. 137, 6th July, 1812, and chap. 49, Maich 1, 1869, post. 
 
 3 For present pay see sec. 7, act March 2, 1867, post. 
 
 * These offices abolished by the 23d August, 1842, chap. 186, sec. 2, and 
 ordnance officers put in their stead ; revived August 5, 1854, and finally 
 abolished August 6, 1861. 
 
 'Pay established at $2,500, without perquisites or allowances except 
 quarters, by sec. i, chap. 169, of 1855. 
 
 "Chap. 162, ante. 
 
 ' See, for further increase, 3d March, 1847, chap. 61, sec. 16. 
 
31 
 
 ments is or are fixed by law and regulations, shall receive 
 any extra allowance or compensation, in any form whatever, 
 for the disbursement of public money, or the performance 
 of any other service, unless the said extra allowance or com- 
 pensation be authorized by law j^ nor shall any executive 
 officer, other than the heads of Departments, apply more Heads of do- 
 than thirty dollars annually, out of the contingent fund ^^''to^l^J in"u- 
 under his control, to pay for newspapers, pamphlets, periodi- aUy out of oon- 
 cals, or other books or prints not necessary for the business new°*pl°pe/r, 
 of his office.^ books, &o. 
 
 liESOLUTiON 6. — Approved September 11,1841. — Vol. ?>,p. 468. 
 
 JOINT RESOLUTION making it the duty of the Attorney-General to 
 examine into the titles of the lands or sites for the purpose of erecting 
 thereon armories and other public works and buildings, and for other 
 purposes. 
 
 That it shall be the duty of the Attorney-General of the ei.fl"to''examfn» 
 United States to examine into the titles of all the lands ortitieatoaii lands 
 sites -which have been purchased by the United States for^^^j^Jl^^j^g^^y 
 the purpose of erecting thereon armories, arsenals, forts, forti- military and na- 
 flcations, navy-yards, custom-houses, light-houses, or other ™' ^"'■p"'"'^' 
 public buildings of any kind whatever, and report his opinion 
 as to the validity of the title iu each case to the President of 
 the United States. 
 
 That it shall be the duty of all the officers of the United ,,e^ furSsSId' to 
 Stateshavinganyof the title-papers to the property aforesaid the Attorney 
 their possession, to furnish them forthwith to the Attorney- '^'^°«''''''- 
 General to aid him in the investigation aforesaid. 
 
 That no public money shall be expended upon any site or to^^J'^^"™™"-? 
 land hereafter to be purchased by the United States for the on land*™™ the 
 purposes aforesaid, until the written opinion of the Attorney- 4aii™repOT™*in 
 General shall be had in favor of the validity of the title, and favor of the va- 
 also the consent of the legislature of the State in which the nor'unwuhe con^ 
 land or site may be shall be given to said purchaser. sent of the state 
 
 That it shall be the duty of the district attorneys of the e^to the'^pix- 
 United States, upon the application of the Attorney-General, "'^Jlstrict attor 
 to furnish any assistance or information in their power neys to fm-nisii 
 in relation to the titles of the public property aforesaid assistance, &o. 
 lying within their respective districts. 
 
 That it shall be the duty of the Secretaries of the Executive Exe^eutfT^'eDepart 
 Departments, upon the application of the Attorney-General, meuts toproomo 
 to procure any additional evidence of title which he may den'c6°°Sf title 
 deem necessary, and which may not be in the possession of "hen necessary. 
 the officers of Government ; the expense of procuring which 
 to be paid out of the appropriations made for the contingen- 
 cies of the Departments respectively. 
 
 ■ That it shall be the duty of the Secretaries of the Bxecu- state le^^sliftures 
 tive Departments, respectively, under whose direction any for cestfin ot'^u* 
 lands for the purposes aforesaid may have been purchased, [aM purchased!'^ 
 
 'This destroys all claims for extra compensation on the ground of 
 extra services ; is general in its terms, applying to all who have a fixed 
 compensation.— (10 How., 141 ; 1 Curt. C. C, 15 ; 6 Opin., 583.) 
 
 » See act of August 26, 1842, sees. 16 and 19, relative to purchases of 
 newspapers, periodicals, &c. 
 
32 
 
 and over which the United States do not possess jurisdic- 
 tion, to apply to the legislatures of the States in which the 
 lands are situated, for a cession of jurisdiction, and, in case 
 of refusial, to report the same to Congress at the commence- 
 ment of the next session thereafter. 
 
 t/HAl'TEB 183. — Approved August 23, 1842. — Vol. 5, p. 508- 
 
 AN ACT making appropriations for the support of the Army, and of 
 the Military Academy, for the year one thousand eight hnndred and 
 forty-two. 
 
 No person mth Sec. 2. That HO offlcer in any brancli of the public ser- 
 
 c5veextr7aUow- vicc, or ^ any other person whose salary, pay, or emoluments, 
 
 anoe unless an- is or are fixed by law or regulations, shall receive any ad- 
 
 onze J- aw. ^jy^Q^g^j pg^y^ extra allowance, or compensation in any form 
 
 whatever, for the disbursement^ of public money, or for any 
 
 other service or duty whatsoever, unless the same shall be 
 
 authorized by law, and the appropriation therefor explicitly 
 
 set forth that it is for such additional pay, extra allowance, 
 
 or compensation. 
 
 Chapter 186. — Approved August 23, 1842. — Vol. 5, p. 512. 
 AN ACT respecting the organization of the Army, and for other purposes. 
 
 Saperintend- Sec. 2. That the offlccs of the superintendents of the armo- 
 «boii8hei™°"°'ries at Springfield^ and at Harper's Ferry shall be, and the 
 same are hereby, abolished, and the duties thereof shall be 
 Ordnance offi- performed by such of&cers of the Ordnance Corps as shall be 
 their duties!^"™ designated by the President; and that, from and after the 
 Pay of master first day of October next, the master-armorers at the national 
 armorers, &c. armorics sliall receive each twelve hundred dollars annually, 
 payable quarter-yearly ;* and the insjiectors and clerks each 
 eight hundred dollars per annum ;^ and the paymasters and 
 military store-keepers at the armories and at the arsenals of 
 construction at Pittsburg, Watervliet, and Washington 
 City,* shall receive each twelve hundred and fifty dollars 
 annually, payable in like manner; and the said paymasters 
 and military store-keepers shall give security for the faith- 
 ful discharge of their duties in such sum as the Secretary 
 
 iSee, as to clerks, the 26th August, 1842, chap. 202, sec. 12; ai'd see 
 chap. 82, 3d March, 1839. 
 
 ^ Or for performing the duties of another of same Department-, hy tlie 
 26th August, 1842, chap. 202, sec. 12. 
 
 » See 29th April, 1816, vol. 3, p. 323, and 5th July, 1838, chap. 162, sec. 
 32, as to their wages; see chap. 98, 3d March, 1853; and for civil super- 
 intendents, again see sec. 1, chap. 267, 5th August, 1854 ; and, for mili- 
 tary superintendents, see sec. 5, chap. 57, 6th August, 1861. 
 
 ■'Fifteen hundred dollars per annum, hv sec. 2, chap. 106, 3d March, 
 1857. . . 1:- , 
 
 "5 Twelve Iiuudred dollars per annum, bv sec. 12, chap. 167, 2d Marcli, 
 1867. ' ' 1 > 
 
 "And Watertown, hy the 3d March, 1849, chap. 101, sec. 2. Pav now 
 iixed by sec 7, act March 2, 1867, post. 
 
33 
 
 of War shall prescribe. And the two military store-keepers 
 authorized by the act' of second of March, one thousand 
 eight hundred and twenty-one, shall receive each twelve 
 hundred and fifty dollars per annum. And no military 
 store-keeper at arsenals shall, after the first day of October 
 next, receive as pay or emoluments beyond eight^ hundred 
 dollars per annum, besides quarters actually provided and 
 occupied as such ; and the number authorized to be thus 
 employed is hereby limited to ten ; and all other ofBces of 
 military store-keepers are hereby abolished and discontinued 
 on and after said first day of October; and the officers 
 hereby dismissed shall be allowed three months' pay in ad- 
 dition to 'the pay and emoluments to which they may be en- 
 titled on that day. And none of the above-named officers, 
 and no officers at the armories, of any grade whatever, shall 
 hereafter receive emoluments of any kind, or any compen- 
 sation or commutation, beyond their stipulated pay in 
 money, except quarters actually provided for and occupied 
 by such officers. 
 
 Sec. 5. That a competent person may be employed by the superintendent 
 Ordnance Bureau, under the direction of the Secretary of °4nTan^uSS^°°^ 
 War, for such time as may be necessary, to superintend the 
 manufacture of iron cannon at the several foundries where 
 such cannon may be made under contracts with the United 
 States, whose pay and emoluments shall not exceed those Pay.indemohi- 
 of a major of ordnance during the time he shall be so"^"'" 
 employed, to be paid out of the appropriations for arma- 
 ment of fortifications ; and for the services rendered in such 
 superintendence since the first day of March, eighteen hun- 
 dred and forty-one, under the authority of the War Depart- 
 ment, the same comjiensation shall be allowed as herein 
 provided. 
 
 . nients. 
 
 Chapter 202.— Approved August 26, 1842.— To?. 5, p. 523. 
 
 AN ACT legalizing and making appropriationa for such necessary ob- 
 jects as have been usually incladed in the general appropriation bills 
 without authority of law, and to fix and provide for certain incidental 
 expenses of the Departments and offices of the Government, and for 
 other purposes. 
 
 Sec. 11. That it shall be the duties of the Secretary Eeportofcierks 
 * * of War * * to report toGougress, at the ^"^^^^^ ™="i^^„*° 
 beginning of each year, the names of the clerks and other auy. 
 persons that have been employed, respectively, during the 
 preceding year, or any part thereof, in their respective Depart- 
 ments and offices, together with the time that each clerk or 
 other person was actually employed, and the sums paid to 
 each ; and also, whether they have been usefully employed; 
 whether the services of any of them can be dispensed with 
 
 1 Chap. 13, sec. 9. 
 
 - The pay of all commissioned officers of the Army, including military 
 store-keepers, was increased $240 per annum, by chap. 55, 21st February, 
 1854. For present rank and pay of ordnance store-keepers, see sec. 21, chap. 
 299, July 28, 1866, and sec. 7, chap. 145, 2d March, 1867. 
 
 30L 
 
34 
 
 without detriment to the public service, and whether the 
 removal of any individuals and the appointment of others 
 in their stead is required for the better despatch of business; 
 and no greater allowance shall be made to any such clerk 
 or other person than is or may be authorized by law, except 
 to watchmen and messengers,^ for any labor or services 
 required of them beyond the particular duties of their respect- 
 ive stations, rendered at such times as does not interfere 
 with the performance of their regular duties. 
 No aUowance Sec. 12. That no allowance or ' compensation shall be 
 
 ^trase^es.*"!^^'!^ to any clerk or other ofScer by reason of the discharge 
 of duties which belong to any other clerk orofficer inthesame 
 or any other Department; and no allowance or compensation 
 shall be made for any extra services whatever which any 
 clerk or other ofiScer may be required to perform.^ 
 Duties of eaoii Sbc. 13. That it shall be the duty of each chief or princi- 
 
 dirkTn^respMtPa'l clcrk in the respective Departments, Bureaus, and other 
 
 ive Departments, offices, to Supervise, under the direction of his immediately 
 , superior officer, the duties of the other clerks therein, and to 
 see that their duties are faithfully executed, and that such 
 duties are distributed with equality and uniformity, accord- 
 ing to the nature of the case. And such distribution shall 
 be revised, from time to time, by the said chief or principal 
 clerk, for the purpose of correcting any tendency to undue 
 accumulation or reduction of duties, whether arising from 
 individual negligence or incapacity, or from increase or 
 diminution of particular kinds of business ; and such chief 
 or principal clerk shall report monthly to his superior officer 
 any existing defect that he may be aware of in the arrange- 
 ment or despatch of business; and such defect shall be 
 amended by new arrangements of duties, dismissal of negli- 
 gent or incompetent officers, or otherwise. 
 Annual esti- Sbc. 14. That it shall be the duty of the several heads of 
 
 pared.' '"'^ ^^^' Departments, in communicating estimates' of expenditures 
 and appropriations to Congress, and to any of the com- 
 mittees thereof, to specify, as nearly as may be convenient^;- ' 
 the sources from which such estimates are derived, and the 
 calculations upon which they are founded ; and, in so 
 doing, to discriminate between such estimates as are con- 
 jectural in their character and such as are framed upon actual 
 information and application from disbursing officers ; and, 
 in communicating the several estimates, reference shall be 
 given to the laws and treaties by which they are authorized, 
 the dates thereof, and the volume, page, and section in which 
 the necessary provisions are contained. 
 
 ^Neither an assistant messenger nor a laborer comes within this excep- 
 tion.— (White vs. United States, Dev. C. C, p. 47.) 
 
 ^The separate duties of the several clerics in the Departments, except 
 ■where they are specifically designated in particular oases by statute, are 
 assigned to such clerks by the head of the Department ; and no posterior 
 claim to extra compensation can be founded on the official acts done by 
 a clerk, provided those acts constituted any part of the lawful generiil 
 duties of the Department. (Opin., 6, 583.) See note to act of March 3, 
 1839, ante, and act of March 3, 1853, forbidding salary for extra services. 
 
 ■*A8 to the manner in which estimates shall be submitted see sec 14 
 «hap. 202, August 26, 1842; sec. 2, chap. 105, June 17, 1844; sec. 8, chap. 
 1/5, March 3, 1855; and sec. 2, chap. 82, June 2, ls:,8. 
 
35 
 
 Sec. 15. That no extra clerk^ shall be employed in any Employment of 
 Department, Bureau, or office at the seat of Government, ®^"'''"''"'"^''" 
 except during the session of Congress, or when indispensa- 
 bly necessary to enable such Department, Bureau, or office 
 to answer some call made by either House of Congress at 
 one session to be answered at another ; and not then, except 
 by order of the head of the Department in which, or in some 
 Bureau or office of which, such extra clerk shall be employed ; 
 and no such extra clerk for copying shall receive more 
 than three dollars per day, or for any other service more 
 than four dollars per day, for the time actually and neces- 
 sarily employed. 
 
 Sec. 16. That no messenger, assistant messenger, laborer, Empioymentof 
 or other person shall be employed in any Departmen t. Bureau, "ore^™^"' '*" 
 or office at the seat of Government, or paid out of the con- 
 tingent fund^ appropriated to such Department, Bureau, or 
 office, unless such employment shall be authorized by law, 
 or shall become necessary to carry into effect some object for 
 which appropriations may be specifically made ; and not ex- Heads of De- 
 ceeding one hundred dollars per annum shall be applied by ^a'^\"'' jfoo^™er 
 each Department (except the Department of State) for the year" for new^^ 
 purchase of newspapers for such Department and all the Papers for aiiBu- 
 Bureaus and offices connected therewith ; and such papers Newspapers to 
 shall be preserved as flies for said Department. be kept as files. 
 
 Sec. 19. That no part of the contingent fund appropri- Books, perioai- 
 ated to any Department, Bureau, or office shall be applied to purouS^' from 
 the purchase of books, periodicals, pictures, or engravings, contingent fund. 
 or other thing, except such books, periodicals, and maps, 
 or other thing, as the head of such Department shall deem 
 necessary and proper to carry on the business of such De- 
 partment, and shall, by written order, direct to be procured 
 for that purpose. 
 
 Sec. 20. That it shall be the duty * * at the com- Detailed state- 
 mencement of every regular session of Congress * * of ™e™to°wMohthe 
 the head of each Department to report to Congress a detailed contingent funds 
 statement of the manner in which the contingent fund * * pendeo'to'be re'- 
 of their respective Departments, and for the Bureaus and ported to oon- 
 offices therein, has been expended, giving the names of every *"'"°° 
 person to whom any portion thereof has been paid ; and, if 
 for anything furnished, the quantity and price ; and, if for 
 any services rendered, the nature of such service, and the 
 time employed, and the particular occasion or cause, in brief, 
 that rendered such service necessary ; and the amount of 
 all former appropriations in each case on hand, either in the 
 Treasury or in the hands of any disbursing officer or agent. 
 And they shall require of the disbursing officers acting 
 under their direction or authority, the return of precise and 
 analytical statements and receipts for all the moneys which 
 may have been, from time to time during the next preced- 
 ing year, expended by them ; and the results of such re- 
 turns and the sums total shall be communicated annually 
 to Congress by the said officers respectively. 
 
 ' No part of the contingent fund can be paid ont for official or clerical 
 coin|iensation. --(See sec. 3, chap. S.'jl, July 12, 1870, jjos/.) 
 ''Sec note 1 aliove. 
 
36 
 
 Acconntsofno Seo. 25. That it shall not at any time hereafter be lawful 
 commission or jn^fQP any accounting or disbursing officer of the Government 
 couTta-marUai, to allow or pay any account or charge whatever growing 
 ^WrtaX^clSout of or in any way connected with any commission or in- 
 appropriation. quiry, except courts-martial or courts of inquiry in the mil- 
 itary or naval service of the United States, until special 
 appropriations shall have been made by law to pay such ac- 
 ProYiso. counts and charges: Provided, That this shall not extend 
 
 to the contingent fund connected with the foreign inter- 
 course of the Government, placed at the disposal of the 
 President of the United States. 
 
 Chapteb 105. — Approved June 17, 1844. — Vol. 5, p. 693. 
 
 AN ACT making appropriations for the civil and diplomatic expenses 
 of the Government for the fiscal year ending thirtieth June, eighteen 
 hundred and forty-five, and for other purposes. 
 
 Arnnai esti- Sbc. 2. That whenever, hereafter, in submitting to Con- 
 mates how made, gpggg j-jjg annual estimates^ from the several Executive 
 Departments of the Government, it shall be found that the 
 usual items of such estimates vary materially in amount 
 from the appropriation ordinarily asked for the object 
 named, and especially from the appropriation granted for 
 the same objects for the j-ear next preceding; and whenever 
 new items not theretofore usual shall be introduced into 
 * such estimates for any year, the estimates shall be accom- 
 
 panied by minute and full explanations from the head of 
 the appropriate Department, of all such variations and new 
 items, setting forth the reasons and grounds upon which 
 the amounts are required, and the different items added; 
 and whenever any such estimate, whether annual or special, 
 shall ask an appropriation for any new specific expenditure, 
 such as the construction of a fort, the erection of a custom- 
 house, or other public building,^ or the construction of any 
 other public work requiring a plan before the building or 
 work can be properly completed, every such estimate shall 
 Estimates for be accompanicd by a full plan and detailed estimates of the 
 pia^t^Taccom'^cost of the wholc work; and all subsequent estimates for 
 pMiedbyapiaD, every such work shall give the original estimated cost, the 
 aggregate amount theretofore appropriated for the same, 
 and the amount actually expanded thereupon, as well as 
 the amount asked for the current year, for which such esti- 
 mate shall be made ; and whenever any such subsequent 
 estimate shall ask for an appropriation for any such work 
 beyond the original estimate of the cost, the full reasons for 
 the excess, and the extent of the anticipated excess, shall 
 also be stated. 
 
 'See also sec. 14 chap. 202, August 26, 1842, ante; sec. 8, chap. 175, March 
 3, 1855 ; and sec. 2, chap. 82, June 2, 1858, post. 
 = See as to barracks and quarters, sec. 1, chap. 83, March 3, 18o9, post. 
 
37 
 
 Chapter 29. — Approved June 18, 1846. — Vol. 9, p. 17. 
 
 AN ACT supplemental to an act entitled "An act providing for the 
 prosecution of ttie existing war between the United States and the 
 republic of Mexico," and for other purposes. 
 
 Sec. 11. That the colonel or senior officer of the Ordnance ^^»?J'g^^^ork^ 
 Department is authorized to enlist, for the service of that Department to bo 
 Department, as many master- armorers, master-carriage- *'^'^'^^- 
 makers, master-blacksmiths, artificers, armorers, carriage- 
 makers, blacksmiths, and laborers, as the public service, in 
 Lis judgment, under the directions of the Secretary for the 
 Department of War, may require. 
 
 Chapter GQ.—Aj^proved July 29, IMG.— Vol. 9, p. 41. 
 
 AN ACT in relation to the payment of claims. 
 That whenever a claim' on the United States aforesaid ^ claims allowed 
 shall hereafter have been allowed by a resolution or act of tJ be^^aid "to 
 Congress, and thereby directed to be paid, the money shall ^'^^"^^^^g^^J™' 
 not, nor shall any part thereof, be paid to any person ortora or admims- 
 persons other than the claimant or claimants, his or their *™*gyt;jt°5 i^tt"^^ 
 executor or executors, administrator or administrators,^ un- ney. 
 less such i^erson or persons shall produce to the proper dis- 
 bursing officer a warrant of attorney executed by such 
 claimant or claimants, executor or executors, administrator 
 or administrators, after the enactment of the resolution or 
 act allowing the claim f and every such warrant of attorney Eoquisite form 
 shall refer to such resolution or act, and expressly recite °| jj^'J^}!^^™"'™* 
 the amount allowed thereby, and shall be attested by two to be attested 
 competent witnesses, and be acknowledged by the person |°^*^ acknowi- 
 or persons executing it before an officer having authority ° 
 to take the acknowledgment of deeds, who shall certify 
 such acknowledgment ; and it shall appear by such certifi- 
 cate that such officer, at the time of making sach acknowl- 
 edgment, read and fully explained such warrant of attorney 
 to the person or persons acknowledging the same. 
 
 Chapter 90.— Approved August 6, 1846.— T'o?. 9, p. 63. 
 
 AN ACT to provide for the better organization of the Treasury, and for 
 the collection, safe-keeping, transfer, and disbursement of the public 
 revenue. 
 
 Sec. 16. That all officers and other persons charged by Persona in- 
 this act or any other act with the safe-keeping, transfer, [j^'^'^o^y'^P"^^ 
 
 keep accurate ac- 
 
 'Applied to all claims against the United States by February 26, 1853, counts of receipts 
 
 chap. 81, sec. 7, ;J0S<. ' and expenditures. 
 
 ^Neither the agent nor attorney who prosecuted any claim, nor any 
 substituted attorney, is entitled to receive the amount, except he pro- 
 duce such a warrant of attorney as is prescribed by this act. 5 Opin., 
 .36. The act cleaiiy prohibits payment to the attorneys, except they 
 produce a warrant of attorney executed subsequent to the passage of 
 the act allowing the claim, reciting the amount, properly executed, at- 
 tested, and acknowledged. IWd., 85. 
 
 'This provision has no application to a warrant of attorney given by 
 xin assignee of the original claimant, which is provided for by the act of 
 February 26, 1853, post. 
 
loan, 
 
 38 
 
 and disbursement of the public moneys, other than those 
 connected with the Post-Offlce Department, are hereby re- 
 quired to keep an accurate entry of each sum received, and 
 of each payment or transfer; and that if any one of the said 
 officers, or of those connected with the Post-Office Depart- 
 
 Toiony io use, mcut. Shall convcrt to his own use, in any way whatever, or 
 
 "^'brnk.^Ao"^" shall use by way of investment in any kind of property or 
 merchandise, or shall loan,i with or without interest, or 
 
 Or exchange for shall dcposit in any bank,^ or shall exchange for other 
 other funds, &o. f^^^g^ except as allowcd by this act, any portion of the 
 public moneys intrusted to him for safe-keeping, disburse- 
 ment, transfer, or for any other purpose, every such act 
 
 Emijezziemeiit. shall bc dccmcd and adjudged to be an embezzlement of so 
 much of the said moneys as shall be thus taken, converted, 
 invested, used, loaned, deposited, or exchanged, which is 
 
 Failure to pay hereby declared to be a felony ; and any failure to pay over 
 /S'^emSTe^or to producc the public moneys intrusted to such person, 
 ment. shall be held and taken to be prima facie evidence of such 
 
 raise Toucher embezzlement ; and if any officer charged with the disburse- 
 conTersion""''^ ^ments of public moneys shall accept or receive, or transmit 
 to the Treasury Department, to be allowed in his favor, any 
 receipt or voucher from a creditor of the United States, 
 without having paid to such creditor, in such funds as the 
 said officer may have received for disbursement, or such 
 other funds as he may be authorized by this act to take in 
 exchange, the full amount specified in such receipt or 
 voucher, every such act shall be deemed to be a conversion 
 by such officer to his own use of the amount specified in 
 such receipt or voucher ; and any officer or agent of the 
 United States, and all persons advising or participating in 
 such act, being convicted thereof before any court of the 
 United States of competent jurisdiction, shall be sentenced 
 to imprisonment for a term of not less than six months nor 
 more than ten years, and to a fine equal to the amount of the 
 
 Evidence on money embezzled. And, upon the trial of any indictment 
 ziement *™''^^" agaiust any person for embezzling public money under the 
 provisions of this act, it shall be sufficient evidence, for the 
 purpose of showing a balance against such person, to pro- 
 duce a transcript from the books and proceedings of the 
 Treasury, as required in civil cases, under the J)rovisions of 
 the act entitled "An act to provide more effectually for the 
 settlement of accounts between the United States and re- 
 ceivers of public money," approved March third, one thou- 
 sand seven hundred and ninety-seven ; and the provisions 
 of this act shall be so construed as to apply to all persons 
 charged with the safe-keeping, transfer, or' disbursement of 
 the public money, whether such persons be indicted as re- 
 ceivers or depositaries of the same ; and the refusal of such 
 person, whether in or out of office, to pay any draft, order^ 
 or warrant, which may be drawn upon him by the proper 
 officer of the Treasury Department, for any public money 
 in his hands belonging to the United States, no matter in, 
 what capacity the same may have been received or may be 
 
 > See sec. ?, chap. 122, June 14, 18m, post. 
 - See sec. 2, chap. 122, June 14, 1866,^08/. 
 
39 
 
 held, or to transfer or disburse any sucli money promptly, 
 upon the legal requirement of any authorized officer of the 
 United States, shall be deemed and taken, upon the trial of 
 any indictment against such person for embezzlement, as 
 prima facie evidence of such embezzlement. 
 
 Chapter dl.— Approved March 3, 1847.— Foi. 9, p. 186. 
 
 AN ACT making provision for au additional number of general officers, 
 and for other purposes 
 
 Sec. 16. That the President of the United States be, and ordnance De- 
 is hereby, authorized to add^ to the Ordnance Department, PpeasS®"* '""" 
 whenever he shall deem it expedient to increase the same, 
 two captains and six first lieutenants, who shall be entitled 
 to receive the same pay and allowances as officers of those 
 grades, respectively, now belonging to that Department, to 
 be disbanded at the close of the war. 
 
 Sec. 22. Thatalltheofficersappointed, and the additional Not to be de- 
 force authorized to be raised under this act, shall be dis- STxican w? 
 charged at the close of the war with Mexico, except the 
 officers of the ordnance authorized by the sixteenth section^ 
 
 Chapter Q^.— Approved July 10, 1848.— FoL 9, j). 246. 
 
 AN ACT to extend the provisions of existing pension laws to enlisted 
 men of the Ordnance Corps of the United States Army. 
 
 Provisions of all pension-laws extended to enlisted men Pension. 
 of the Ordnance Corps ; and, 
 
 Sec. 2. Bounty-lands granted to those of them who have Bounty, 
 served in Mexico. 
 
 Eesolution 2L— Approved August 10, 1848.— FoZ. 9, p. 340. 
 
 JOINT RESOLUTION concerning certain portions of the Maiine and 
 and Ordnance Corps. 
 
 That the officers, non-commissioned officers, privates, and 
 musicians of the Marine Corps who have served in the Army 
 in the war with Mexico, and also the artificers and laborers 
 of the Ordnance Corps serving in said war, be placed in all 
 respects, as to bounty-land and other remuneration,^ in ad- 
 dition to ordinary pay, on a footing with the officers, non- 
 commissioned officers, privates, aiid musicians of the Army: 
 Provided, That this remuneration shall bo in lieu of prize- 
 money and all other extra allowances. 
 
 ' See 2d March, 1821, chap. 13, sec. 4; and 5th April, 1832, chap. 67 ; 
 and 5th July, 1838, chap. 162; and 19th July, 1848, chap; 104; and sec. 
 3, chap. 42, 3d August, 1861, for further increase ; and sec. 21 act of July 
 28, 1866, posi. •' 
 
 * By 5th July, 1838, chap. 162; and 2d March, 1837, chap. 21. 
 
 Bounty, &c. 
 
40 
 
 Chapter 101.— Approved March 3, 1849.— Foi. 9, p. 373. 
 
 Pay of military That the military store-keeper ^ at' Watertown arsenal, 
 store-keepers. Massachusetts, be allowed, from the first day of October, one 
 thousand eight hundred and forty-two, the the same com- 
 pensation as is authorized by the act^ of the twenty-third 
 August, one thousand eight hundred and forty-two, to be 
 paid to the store-keepers at the Washington, Pittsburg, and 
 Watervliet arsenals; and that there be paid to Military Store- 
 keeper T. A. Webber twenty dollars per month for and 
 during the time he has performed the duties of commissary 
 and assistant commissary of subsistence at said arsenal. 
 
 Chapter 61. — Approved February 22, 1849. — Vol. 9, p. 346. 
 
 AN ACT for autlientioating certain records. 
 
 Copies of pub- Sec. 3. That all books, papers, documents, and records 
 ho ^'"'autiientiliii ^^^ WPkT, Navy, Treasury, and Post-Oflace Departments, 
 cated. ^ and the Attorney-General's Office, may be copied and cer- 
 tified under seal in the same manner as those in the State 
 Department may now by law be, and with the same force 
 and effect;^ and the said Attorney-General shall eause a 
 seal to be made and provided for his office, with such 
 device as the President of the United States shall approve. 
 
 Chapter 100.— Approved March 3, 1849.— To?. 9, p. 370. 
 
 AN ACT making appropriations for the civil and diplomatic expenses 
 of the Government for the year ending thirtieth June, eighteen hun- 
 dred and fifty, and for other purposes. 
 
 No person to Sbc. 4. That no clerk or other officer shall receive the 
 sterna °^?h''ea'd®^'^'^y ^^ ^^^ Secretary or head of Bureau for acting or 
 of Bureau wuie having actcd in his place or office while said Secretary or 
 w^ T™BMeau 1^&^ of Bureau receives such salary. 
 
 receives such sal- 
 ary. 
 
 Ebsoltjtion No. 12. — Approved March 2, 1849. — Vol. 9, p. 418. 
 
 A RESOLUTION authorizing the Secretary of War to furnish arms and 
 ammunition to persons emigrating to the Territories of Oregon, Ca,li- 
 fornia, and New Mexico. 
 
 Arms and am- That the Secretary of War be, and he is hereby, aathor- 
 fa?SiSieato''om^^^®*^' ^* ^^® discretion, and having due regard to the necea- 
 grants to Oregon, sities of the public servlcc, to furnish to such persons as 
 New°MSico''°at ^^J ^PP^^ ^^r the Same, and who design to emigrate to the 
 cost-price. Territories either of Oregon, California, or New Mexico, 
 
 ' For present pay of ordnance store-keepers, see act July 28, 1866, poat. 
 
 = Chap. 186. J > ..f 
 
 s The fifth section of the act of September 15, 1789, (vol. 1, p. 68,) directs 
 
 a seal of ofiice to he made for the State Department, and all copies of 
 
 records and papers in the said ofBce authenticated under the said seal 
 
 shall be evidence equally as the original record or paper. 
 
41 
 
 such arms and ainmunitioa from the army stores as they 
 may require to arm themselves for such expedition : Pro- 
 vided, That the arms and ammunition so furnished shall 
 not exceed a supply sufficient to arm and equip each person 
 of such expedition : And provided further, That before the 
 same are delivered the actual cost to the Government of 
 such arms and ammunition shall first be paid to the United 
 States; and that the Secretary of "War shall be satisfied 
 that the persons so applying really and hona fide design 
 them for the use aforesaid. 
 
 Chapter 78. — Approved September 28, 1850. — Vol. ti, ^. 506. 
 
 AN ACT making appropriations for the support of the Army for the year 
 ending the thirtieth of June, one thousand eight hundered and iifty-one. 
 
 Sec. 1. For current expenses of the ordnance service: Pay of princi- 
 * * * Provided, That the principal assistant in the Ord- grdna'iSfofflci.'' 
 nance Bureau of the War Department shall receive a com- 
 pensation not less than that of the person employed at the 
 foundries under the fifth section of the act approved twenty- 
 third of August, eighteen hundred and forty-two, from and 
 after the date thereof. 
 
 Sec. 3. That the moneys which may be received by the proceeds of 
 proper officers of the Army for the sales of subsistence, stoL"* mUitary 
 military stores, and other supplies, be, and they are hereby, 
 exempted from the operation of the act of the third of 
 March, eighteen hundred and forty-nine, entitled "An act' 
 requiring all moneys received from the customs and all 
 other sources to be paid into the Treasury without abate- 
 ment or reduction." 
 
 Sec. 4. That the military storekeeper at Little Eock Pay of military 
 arsenal, Arkansas, be allowed, from the first day of Octo- sto^'^J^^^P''"- 
 ber, eighteen hundred and forty-two, to the twenty-fifth 
 day of October, eighteen hundred and forty -nine, the same 
 compensation as is authorized by the act of twenty-third of 
 August, eighteen hundred and forty-two,^ to be paid to the 
 storekeepers at the Washington, Pittsburg, and Watervliet 
 arsenals. 
 
 Chapter i'd.— Approved March 3, 1851.— Foi. 9, p. 618. 
 
 AN ACT making appropriations for the support of the Army for the 
 year ending the thirtieth of June, one thousand eight hundred and 
 iifty-two. 
 
 Sec. 1. For pay of the Army, &c. : Provided, That all Promotions in 
 promotions in the Staff Department or Corps shall be madCme^S. "^p*""'" 
 as in other corps of the Army.^ 
 
 1 Chap. 110, 3d March, 1849, vol. 9, p. 396. 
 
 ''Chap. 186; and for Watertown, see chap. 101, 3d March, 1849; but 
 see acts July 28, 1866, and March 2, 1867, post. 
 
 »By sec. 8, chap. 162, 5th July, 1838, the transfer of officers from the 
 line to the staff of the Adjutant-General is to he without prejudice to 
 their rank and promotion in the line; and by sec. 8, 18th June, 1846, 
 appointments in the line and in the general staff, which confer equal 
 rank in the Army, shall not be held by the same officer at the same 
 time, &c. 
 
42 
 
 Chapter 90.— Approved September 30, 1850.— FoZ. 9, p. 542. 
 
 AN ACT making appropriations for the civil and diplomatic expenses 
 of Government for the year ending June thirty, eighteen hundred 
 and fifty-one, and for other purposes. 
 
 No person to be * * Provided, Jiotcever, That hereskiteT the TpTOTpeT M- 
 
 ^Tlmd^thl^^^^^^^S officers of the Treasury, or other pay-officers of 
 
 same time. the United states, shall in no case allow any pay to one 
 
 individual the salaries of two different offices on account of 
 
 having performed the duties thereof at the same time. But 
 
 Exeeptioii. this prohibition shall not extend to the superintendents of 
 
 the executive buildings. 
 
 Chaptbk 108.— Approved August 31, 1852. — Vol. 10,j». 98. 
 
 AN ACT making appropriations for the civil and diplomatic expenses 
 of the Government for the year ending the thirtieth of June, eighteen 
 hundred and fifty-three, and for other purposes. 
 
 EeportatoPres- Sbo. 8. That it Shall not be lawful for the officer or per- 
 Departments not®*''^ ^° Charge of any Bureau or office in any of the Depart- 
 to \a printed"at mcuts of the Government to print, or cause to be printed, 
 public expense. ^^ ^jjg public expeuse, any report he may make to the 
 President of the United States, or to the head of any of the 
 Departments, 
 trnexpended Sec. 10. That whcrc any moneys shall have remained 
 Tf?i6n°to'^be'car' iiiies:pended upon any appropriations by law, other than for 
 Tied to the snr- the payment of interest on the funded debt, or the payment 
 pinefund. ^^ interest and reimbursement according to contract of any 
 
 loan or loans made on account of the United States, as like- 
 wise moneys appropriated for a purpose in respect to which 
 a larger duration is specially assigned by law, for more than 
 two years after the expiration of the fiscal year in which 
 the act shall have been passed, all and any such appropria- 
 tions shall be deemed to have ceased and been determined, 
 and the moneys so unexpended shall be immediately there- 
 after carried, under the direction of the Secretary of the 
 Treasury, to the account on the books of the Treasury, de- 
 nominated the " surplus-fund," to remain like other unap- 
 SmTius-fundPropriated moneys in the Treasury; and it shall not be 
 ^ithoStXe^i'fio^^^^'^^' ^^^ ^°y cause or pretense whatsoever, to transfer, 
 appropriation, withdraw, apply, or use for any purpose whatever, any 
 moneys carried as aforesaid to the surplus-fund without 
 further and specific appropriations by law.^ 
 No person re- Sec. 18. That uo person hereafter who holds, or shall 
 
 l^^^to^rSve^^old' ^°y office "'^•^^i" *^® Government of the United 
 p^ for any otiier States, whose Salary or annual compensation shall amount 
 "'^™- to the sum of two thousand five hundred dollars, shall 
 
 receive compensation for discharging the duties of any 
 
 other office. 
 
 1 See chap. 251 of July 12, 1870, post. 
 
43 
 
 Chapter 110.— Approved August 31, 1852.— Fo?. 10, p. 107. 
 
 AN ACT makiug appropriations for the support of tlie Araoy for tlie 
 year ending the thirtieth Jane, 1853. 
 
 Sec. 2. That all acts or parts of acts authorizing the Transfers of ap- 
 President of the United States or the secretary of the Q™ 'eZptln 
 proper Department, under his direction, to transfer any certain cases. 
 portion of the moneys appropriated for a particular branch 
 of expenditure in that Department, to be applied to another 
 branch of expenditure in the same Department, be, and are 
 hereby, so far as relates to the Department of War, re- 
 pealed ; and no portions of the moneys appropriated by this 
 act shall be applied to the payment of any expenses in- 
 curred prior to the first day of July, eighteen hundred and 
 tifty-two. But nothing herein contained shall be so con- f 
 strued as to prevent the President from authorizing' appro- 
 priations for the subsistence of the Army, for forage, for 
 the Medical and Hospital Departments, and for the Quarter- 
 master's Department, to be applied to any other of the 
 above-mentioned branches of expenditure in the same De- 
 partment ; and appropriations made for a specific object for 
 one fiscal year shall not be transferred to any other object 
 after the expiration of that year. 
 
 Chaptek 81. — Approved February 20, 1853. — Vol. 0,p. 170. 
 AN ACT to prevent frauds upon the Treasury of the United States. 
 
 That all transfers and assignments hereafter made of any Transfers of 
 claim upou the United States, or any part or share thereof, staSJhowm^e 
 or interest therein, whether absolute or conditional, and and wLen legal, 
 whatever may be the consideration therefor, and all powers 
 of attorney,^ orders, or other authorities for receiving pay- 
 ment of any such claim, or any part or share thereof, shall 
 be absolutely null and void, unless the same shall be freely 
 made and executed in the presence of at least two attesting 
 witnesses, after the allowance of such claim, the ascertain- 
 ment of the amount due, and the issuing of a warrant for 
 the payment thereof. 
 
 Sec. 2.. That any officer of the United States, or person officers and per- 
 holding any place of trust or profit, or discharging any ofii- i''°^,,''?J?J5s ''*^- 
 cial function under, or in connection with, any Executive act aragentsfo? 
 Department of the Government of the United States,, or p^j^|| "^^ig^g 
 under the Senate or House of Eepresentatives of the United tSe'lltSes, or 
 States, who, after the passage of this act, shall act as an"^''^**''®'^™''*"'- 
 agent or attorney for prosecuting any claim against the 
 United States, or shall in any manner, or by any means, 
 otherwise than in the discharge of his proper official duties, 
 aid or assist in the prosecution or support of any such 
 claim, or claims, or shall receive any gratuity, or any share 
 
 ' This authority entirely repealed by sec. 2, chap. 8, of 1868, post. 
 
 -This act does not apply to a warrant of attorney, given by the origi- 
 nal claimant, which is provided for by the act of July 29, 1846, ante. — (6 
 Opin., 60.) 
 
44 
 
 of, or interest in, any claim from any claimant against the 
 United States, with intent to aid or assist, or in considera- 
 tion of having aided or assisted, in the prosecution of such 
 claim, shall be liable to indictment, as for a misdemeanor, 
 in any court of the United States having jurisdiction thereof, 
 and, on conviction, shall pay a fine not exceeding five thou- 
 sand dollars, or suffer imprisonment in the penitentiary not 
 exceeding one year, or both, as the court in its discretion 
 shall adjudge. 
 Memijers of Sbc. 3. That any Senator or Eepresentative in Congress 
 
 b^Mf.^^^^"^""^ '^^°' ^fter the passage of this act, shall, for compensation 
 paid or to be paid, certain or contingent, act as agent or 
 attorney for prosecuting any claim, or claims against the 
 United States, or shall, in any manner, or by any means, 
 for such compensation, aid or assist in the prosecution or 
 support of any such claim or claims, or shall receive any 
 gratuity or any share of, or interest in, any claim from any 
 claimant against the United States, with intent to aid or 
 assist, or in consideration of having aided or assisted, in 
 the prosecution of such claim, shall be liable to indictment,' 
 as for a misdemeanor, in any court of the United States 
 having jurisdiction thereof, and, on conviction, shall pay a 
 fine not exceeding five thousand dollars, or suffer imprison- 
 ment in the penitentiary not exceeding one year, or both, as 
 the court in its discretion shall adjudge. 
 Penalty for de- Sec. 4. That any person who shall wilfully and knowingly 
 
 **^y™|''^'^'^«<=- destroy, or attempt to destroy, or with intent to steal or 
 /destroy, shall take and carry away any record, paper, or 
 proceeding of a court of justice, filed or deposited with any 
 clerk or oflflcer of such court, or any paper or document or 
 record, filed or deposited in any public of&ce, or with any 
 judicial or public officer, shall, without reference to the value 
 of the record, paper, document, or proceeding so taken, be 
 deemed guilty of felony, and, on conviction, in any court of 
 the United States having jurisdiction thereof, shall pay a 
 fine not exceeding two thousand dollars, or suffer imprison- 
 ment in a penitentiary not exceeding three years, or both, 
 as the court in its discretion shall adjudge. 
 withdrawingor Seo. 5. That any officer having the custody of any record, 
 
 OTd?"^"^ '^"'^ document, paper, or proceeding, specified in the last pre- 
 ceding section of this act, who shall fraudulently take away, 
 or withdraw, or destroy any such record, document, paper, 
 or proceeding filed in his office, or deposited with him, or in 
 his custody, shall be deemed guilty of felony, and, on con- 
 viction in any court of the United States having jurisdiction 
 thereof, shall pay a fine not exceeding two thousand dollars, 
 or suffer imprisonment in a penitentiary not exceeding three 
 years, or both, as thie court in its discretion shall adjudge, 
 and shall forfeit his office and be forever afterwards dis- 
 qualified from holding any office under the Government of 
 the United States. 
 Bribewornn- Sec. 6. That if auy person or persons shall, directly or 
 
 m°mb^Tcin° indirectly, promise, offer, or give, or cause or procure to be 
 
 greas. promised, offered, or given, any money, goods, right in 
 
 action, bribe, present, or reward, or any promise, contract, 
 undertaking, obligation, or security for the payment or de- 
 
45 
 
 livery of any niODcy, goods, right in action, bribe, present, 
 or reward, or any other valuable thing whatever, * * 
 to any officer of the United States, or person holding any 
 place of trust or profit, or discharging any official function 
 under or in connection with any Department of the Govern- 
 ment of the United States, or under the Senate or House of 
 Eepresentatives of the Ignited States, after the passage of 
 this act, with intent to Influence his vote or decision on any 
 question, matter, cause, or proceeding which may then be 
 pending, or may by law, or under the Constitution of the 
 United States, be brought before him in his official capacity, 
 or in his place of trust or profit, and shall be thereof con- 
 victed, such person or persons so offering, promising, or 
 giving, or causing or procuring to be promised, offered, or 
 given, any such money, goods, right in action, bribe, present, 
 or reward, or any promise, contract, undertaking, obligation, 
 or security for the payment or delivery of any money, goods, 
 right in action, bribe, present, or reward, or other valuable 
 thing whatever, and the * * officer or person who 
 shall in anywise accept or receive the same, or any part 
 thereof, shall be liable to indictment as for a high crime and 
 misdemeanor in any court of the United States having 
 jurisdiction for the trial of crimes and misdemeanors, and 
 shall, upon conviction thereof, be fined not exceeding three 
 times the amount so offered, promised, or given, and im- 
 prisoned in a penitentiary not exceeding three years ; and 
 the person convicted of so accepting or receiving the same, 
 or any part thereof, if an officer or person holding any such 
 place of trust or profit as aforesaid, shall forfeit his office or 
 place ; and any person so convicted under this section shall 
 forever be disqualified to hold any office of honor, trust, or 
 profit under the United States. 
 
 Sec. 7. That the provisons of this act, and of the act of tms act to ap- 
 July twenty-nine, one thousand eight hundred and forty- P'|a'f„''"t'=''^e 
 six, entitled "An act in relation to the payment of claims," UDited states. 
 shall apply and extend to all claims against the United 
 States, whether allowed by special acts of Congress, or aris- 
 ing under general laws or treaties, or in any other manner 
 whatever. 
 
 Sec. 8. That nothing in the second and third sections of The second aod 
 this act contained shall be construed to apply to the prose- ^^'^^"^ ^|<=''.™^ "J"^ 
 cution or defense of any action or suit in any judicial court in court. 
 of the United States. 
 
 Chapter Q1 .—Apj^roved March 3, 1853.— ToJ. 10, jp. 209. 
 
 AN ACT making appropriations for the civil and diplomatic expenses 
 of Government for the year ending the thirtieth of June, eighteen 
 hundred and fifty-four. 
 
 Sec. 3. That from and after the thirtieth of June, eighteen (ciasaiticatiouof 
 hundred and fifty -three, the clerks in the Departments of oi«rks in Execu- 
 the Treasury, War, Navy, the Interior, and the Post-Office, aJI^S^^'^ 
 shall be arranged into four classes, of which class, number 
 
46 
 
 one^ shall receive an aiimial salary of nine hundred dollars 
 each, class number two^ an annual salary of one thousand 
 two hundred dollars each, class number three' an annual 
 salary of one thousand five hundred dollars each, and class 
 number four an annual salary of one thousand eight hundred 
 
 dollars each. 
 
 ******* 
 
 No clerk shall be appointed in either of the four classes 
 until after he has been examined and found qualified by a 
 board to consist of three examiners, one of them to be the 
 chief of the Bureau or office into which he is to be ap{)ointed, 
 and the two others to be selected by tlie head of the Depart- 
 ment to which the said clerk will be assigned. 
 
 Chapter lOi.— Approved March 3, 1853.— Foi. 10, p. 239. 
 
 AN ACT making appropriations for the current and coDtingeiit expensfcs 
 of the Indian Department, &c., &c.,for the year ending June thirty, 
 eighteen hundred and fifty-four. 
 
 for^iS|e7°eiimB Seo. 4. That if auy officer who is, or may hereafter, be 
 
 be^'deemca'* *" <il'**rged with the payment of any of the appropriations 
 
 bezziement. made by this, or any other act of Congress, shall pay to 
 
 any clerk, or other employ^ of the United States, a sum 
 
 less than that provided by law, and require such employe to 
 
 receipt or give voucher for an amount greater than that 
 
 actually paid to and received by him, such officer thus 
 
 acting shall be deemed guilty of embezzlement, shall be 
 
 fined in a sum double the amount so withheld from any 
 
 ""'^ '^' employ^ of Government, and shall be imprisoned for the 
 
 term of two years, and may be prosecuted and punished in 
 
 any court of the United States having jurisdiction'for the 
 
 trial of such offenses, in the district where such offense 
 
 shall be committed. 
 
 Chapter i)8.— Approved March 3, 1853.— ToZ. 10, j>. 217. 
 
 AN ACT making appropriations for the support of the Army for the 
 year ending thirtieth of June, one thousand eight hundred and tifty- 
 four. 
 
 Pay of military For pay of the Army, &c.: Provided, That the salary of 
 
 store-keepers, ^j^g military Storekeepers of the Ordnance Department in 
 
 Oregon, California, and New Mexico, shall hereafter be one 
 
 thousand two hundred and fifty dollars per annum.* 
 
 Civil superin- * * * Provided, That, from and after the 
 
 Mona°*\rmor?fs Afst day of July uext, the act of twenty-third August, 
 
 authoriijeci. eighteen hundred and forty-two,'^ be so modified that the 
 
 President may, if in his opinion the public interest demands 
 
 it, place over any of the armories a superintendent who 
 
 ' Salary increased to $1,200 by act of April 22, 1854, seo. 1. 
 •' Salary increased to $1,400 by act of April 22, 1854, sec. 1. 
 •'Salary increased to $1,60(1 by act of April 22, 1854, sec 1 
 ■"Increased $240 by chap. e5, 21et February, 1854. 
 "Chap. 186, sec. 2. 
 
47 
 
 does not belong to tbe Army; and in order to enable him to 
 decide to his satisfaction, he is hereby authorized to cause 
 the necessary and proper inquiries to be instituted, through 
 the medium of a commission of civilians and military men, 
 with a view of ascertaining which of the two systems is the 
 more economical, efficient, and safe for the management of 
 the public armories — that formerly existing under the super- 
 intendence of civil officers, or that now existing under the 
 superintendence of officers of the Ordnance Department;^ 
 * * * and tbat the Secretary of War be, and he is hereby, TJseiess or un- 
 authorized to abolish such of the arsenals of the United °fg°°^\^^\g''||^"'„^: 
 States as in his judgment may be useless or unnecessary, ished. 
 
 Sec. 9. That whenever any lieutenant of the Corps of Promotions of 
 Engineers, Corps of Topographical Engineers, or Ordnance Jij,^'^^®"*"** °* 
 Corps, shallhave served fourteen years' continuous service 
 as lieutenant, he shall be promoted to the rank of captain : 
 Provided, That the whole number of officers in either of said 
 corps shall not be increased beyond the number now fixed 
 bylaw: And provided further, That no officer shall be pro- 
 moted before those who rank him in his corps. 
 
 Chaptek 207. — Approved Aiujust 5, 1854. — Vol. 10, p. 578. 
 
 AN ACT making appropriations for tlio support of the Army for the 
 year oadiug tjie thirtieth of June, one thousand eight hnndred and 
 fifty-iivo. 
 
 For the manufacture of arms at the national armories, «&;c. : civu saperin- 
 Provided, Tliat so much of all laws heretofore x>assed which *?°j^^j''*'^j.^^ ?*• 
 authorized the appointment of military officers^ to super- authorized™ 
 intend the operations at the national armories be, and the 
 same is hereby, repealed ; and from and after the passage 
 of this act, it shall be the duty of the President of the 
 United States, by and with the advice and consent of the 
 Senate, to appoint a competent and well-qualified civilian 
 as superintendent at each of said armories.^ 
 
 Chapter 1Q9.— Approved March 3, 1855.— Vol. 10, p. 6;j9. 
 
 AN ACT making appropriations for the support of the Army for the 
 year ending the thirtieth of June, one thousand eight hundred and 
 fifty-six, and for other purposes. 
 
 Seo. 7. That the annual distribution of arms to the sev- Distribution of 
 eral States, under the act approved April twenty-third, """^ ^ states. 
 eighteen hundred and eight, entitled "An acf making pro- 
 vision for arming and equipping the whole body of the militia 
 
 ' See chap. 267, sec. 1, 5th August, 1854. 
 
 ^ See seo. 2, chap. 186, 23d August, 1342 ; civil superintendents aboiished 
 August 6, 1861. 
 
 ^ See chap. 98, sec. 2, 3d March, 1853. The pay of civil superintendents 
 was iixed by sec. 1, chap. 169, of 1855, at |2,500, without perquisites, 
 allowances, or additions of any kind except quarters. Military super- 
 intendents restored bv sec. f), chap. ,57, 6th Auijust, 1861. 
 
 < Chap. 55. 
 
48 
 
 of the United States," shall be hereafter made according to 
 the number of their Eepresentatives and Senators in Con- 
 gress, respectively; and that arms be distributed to the 
 Territories and the District of Columbia, in such quantities 
 and under such regulations as the President, in his discre- 
 tion, may prescribe : Provided, That the Secretary of War 
 shall first equalize, as far as practicable, the number of arms 
 heretofore distributed and now in possession of the several 
 States, so that each State which has received less than its 
 pro rata share shall receive a number sufficient to make an 
 equal pro rata proportion for all the States, according to the 
 present number of their Representatives and Senators in 
 Congress, respectively. 
 
 Chaptbk 175. — Approved March 3, 1855. — Vol. 10, p. 6G5. 
 
 AN ACT making appropriations for the civil and diplomatic expenses 
 of Government for the year ending. June thirtieth, eighteen hundred 
 and fifty-six, and for other purposes. 
 
 Building in ^^^' !• " * * And the Secretary of War be, and he 
 Washington for hereby is, directed to cause to be constructed, on such site, 
 SSwofmnitiaofin a central position on the public grounds in the city 
 c"! ^'?'"'?j''^of Washington, as may be selected by the President of the 
 pMe™&'c',and™f United States, a suitable building for the care and preserva- 
 Smoddl™!*^ ^^°^ ^^ *^® ordnance and arms and accoutrements of the 
 ' United States required for the use of the volunteers and 
 militia of the District of Columbia, and for the care and 
 preservation of the military trophies of the revolutionary 
 and other wars, and for the deposit of newly-invented and 
 model arms for the military service: the said ordnance and 
 arms and the building to be used by the volunteers and 
 militia of the District of Columbia, under such regulations 
 ■ as may be prescribed by the President ; and, for the purpose, 
 of carrying this act into effect, the sum of thirty thousand 
 dollars^ be, and the same hereby is, appropriated out of any 
 money in the Treasury not otherwise appropriated. 
 Mode of pie- ®^^- ^- That^ the provisions contained in the second sec- 
 paring annual es-tion of the act entitled "An act making appropriations for 
 potions* "'■'""'■tlie civil and diplomatic expenses of the Government," 
 approved the seventeenth day of June, eighteen hundred 
 and forty-four, be required to be carried into effect in all 
 particulars, any act in conflict therewith being hereby 
 repealed ; and all estimates for the compensation of oflScers 
 of the Government authorized by law to be employed shall 
 b,e based upon the expressed provisions of law, and not upon 
 the authority of executive distribution thereof; and the act 
 and section authorizing the same, with the volume and page 
 where such authority may be found, shall be cited in each 
 and all estimates, respectively. 
 
 1 Seven thousand eight hundred and twenty-seven dollars more appro- 
 priated hy chap. 106, 3d March, 1857. This huilding stands on the 
 Mall, in Washington city. 
 
 no connection herewith, see sec. 14, chap. 202, August 26, 1842, ante: 
 sec. a, chap. 105, June 17, 1844, ante; and sec. 2, chap. 82, Juno 2 1858, 
 poet. ' ' ' 
 
49 
 Chapter 106.~Approved March 3, 1857.— YbL 11, p. 203. 
 
 AN ACT making appropriations for the support of the Army for the 
 year ending June thirtieth, eighteen hundred and fifty-eight. 
 
 Seo. 3. That the master-armorers at the national armories Pay of master- 
 shall receive fifteen hundred dollars each per annum. ^ armorers. 
 
 Chapter IIL— Approved March 3, 1857.— Foi. 11, j?. 249. 
 
 AN ACT to amend an act entitled "An act to provide for the hetter or- 
 ganization of the Treasury, and for the collection, safe-keeping, transfer, 
 and disbursement of the public revenue." 
 
 That the act to provide for the better organization of the Diatarsmgoffi- 
 Treasury, and for the collection, safe-keeping, transfer, and ae'^^o^g^'^'""A]|° 
 disbursement of the public revenue, approved August sixth, moneys. ^" 
 eighteen hundred and forty-six, be, and the same is hereby, 
 so amended that each and every disbursing offtcer or agent 
 of the United States, having any money of the United States 
 intrusted to him for disbursement, shall be, and he is hereby, 
 required to deposit the same with the Treasurer of the 
 United States, or with some one of the assistant treasurers How drawn oat 
 or public depositaries, and draw^ for the same only in favor of 
 the persons to whom payment is to be made, in pursuance 
 of law and instructions ; except when payments are to be 
 made in sums under twenty dollars, in which cases such 
 disbursing agent may check in his own name, stating that 
 it is to pay small claims.^ 
 
 Sec. 2. That the Treasurer of the United States, assistant custody of sncii 
 treasurers, and public depositaries shall safely keep all '^"i"'^"^- 
 moneys deposited by any disbursing ofiflcer or disbursing 
 agent of the United States, as well as any moneys deposited 
 by any receiver, collector, or other person, which shall be 
 the moneys of, or due, or owing to, the United States, and 
 for a failure so to do shall be held guilty of the crime of 
 embezzlement of said moneys, and subject to the punish- 
 ment provided for embezzlement in the act to which this is 
 an amendment. 
 
 Sec. 3. That it shall be the duty of each and every per- au persons 
 son who shall have moneys of the United States in his hands mone^s^to^e V^t 
 or possession to pay the same to the Treasurer, the assistant STsame. ^^"^ 
 treasurer, or public depositary of the United States, and 
 take his receipt for the same, in duplicate, and forward one 
 of them forthwith to the Secretary of the Treasury;* and 
 for a failure to make such deposit, when required by the Penalty. 
 Secretary of the Treasury, or any other Department, or the 
 accounting officers of the Treasury, the person so failing 
 shall be held guilty of the crime of embezzlement, and sub- 
 ject to the punishment for that offense provided in the act 
 to which this is an amendment. 
 
 ' Twelve hundred and fifty dollars by seo. 2, chap. 186, August 23, 1842. 
 ^ For issuing duplicate checks, in case of loss or destruction of the 
 original, see act February 2, 1872, chap. 12, post. 
 3 And see chapter 122, July 14, 1866, j)08t. 
 * See G. 0. No. 65, A. G. O., of 1871. 
 
 4 O L 
 
50 
 
 Chapter 25. — Approved May 4, 1858. — Vol. 11, i». 269. 
 
 AN ACT to supply deficiencies in the appropriations for the service of 
 the fiscal year ending the thirtieth of Juae, eighteen hundred and 
 .fifty-eight. " 
 
 Secretaries of Sbc. 4. That whenever, hereafter, contracts shall be made 
 to rapS^hSS Iby the Secretary of War or the Secretary of the Navy, by virtue 
 ter to Congress of the sixth Section of the act approved the first of May, 
 ing' oertSl^ "con- eighteen hundred and twenty, entitled "An act in addition to 
 tracts. the several acts for the establishment and regulation of the 
 
 Treasury, War, and Navy Departments," he shall, if Con- 
 gress be in session at the time, promptly report to both 
 Houses theieof the reasons for making such contract, stating 
 fully all the facts and circumstances which, in his judgment, 
 rendered such contract necessary ;^ if Congress be not in 
 session at the time of making such contract, he shall, at 
 the commencement of their next session, make such report 
 to both Houses, and no such contracts shall be made, hereaf- 
 ter, except in cases of pressing exigency. 
 
 Chapter 82. — Approved June 2, 1858. — Vol. 11, p. 295. 
 
 AN ACT making appropriations for the legislative, executive, and judi- 
 cial expenses of Government for the year ending the thirtieth of June, 
 eighteen hundred and fifty-nine. 
 
 Estimates of Ex- Sbo. 2. That hereafter the estimates' for the various Ex- 
 wwta^hSeafter^cutive Departments shall designate not only the amount 
 to gi™am<>™t of required to be appropriated for the next fiscal year, but also 
 propriatirail, *m the amouut of the outstanding appropriation, if there be 
 requir^tobeT**'^^' ''^^ich Will probably be required to be used for each 
 propriated. ^"^ particular item of expenditure. 
 
 Chapter 156.— Approved June 12, 1858.— Vol. 11, p. 336. 
 
 AN ACT making appropriations for the support of the Army for the year 
 ending the thirtieth June, eighteen hundred and fifty-nine. 
 
 Au laws au- Sbc. 6. That all the existing laws, or parts of laws, which 
 of''Siittiry^site8 authorize the sale of military sites which are or may become 
 t'ar^°''ar'^^^se?ire ^^^^^^^ ^^^ military purposes, be, and the same are hereby, 
 repeffi^"^^^'*'^'' repealed;^ and said lands shall not be subject to sale or pre 
 emption under any of the laws of the United States : Pro- 
 Pro-rise. (1856, vided, further, That the provisions of the act of August 
 ch. 129.) eighteenth, eighteen hundred and fifty-six, relative to cer- 
 
 tain reservations iu the State of Florida, shall continue in 
 force. 
 
 1 See sec. 10, act of March 2, 1861, and sec. 13, act of July 17, 186iJ, 
 chap. 200. ' J . ' 
 
 = As to the manner in -which annual estimates shiiU be submitted, see 
 sec. 14, chap. 202, August 26, 1842 ; sec. 2, chap. 105, June 17, 1844 : sec. 
 8, chap. 175, March 3, 1855 ; and sec. 2, chap. 82, June 2, 1858. 
 
 3 This repeals sec. 4, chap. 106, 3d March, 1857, -which revived chap. 
 88, 3d March, 1819. 
 
51 
 
 Chapter 78. — Approved March 3, 1859. — Vol. 11, p. 408. 
 
 AN ACT to protect the timber growing upon lands of the United States 
 reserved for military and other purposes. 
 
 That if any person or persons shall unlawfully cut, or aid, The nniawfni 
 assist, or be employed in unlawfully cutting, or shall want- ^"nSn dtsti-nc- 
 only destroy, or procure to be wantonly destroyed, any tim- won, ^^ t™^ 
 ber standing, growing, or being upon any lands of the United certain^andl of 
 States, which, in pursuance of any law passed, or hereafter pn^^^abif by 
 to be passed, have been, or shall be, reserved or purchased fine and impris- 
 by the United Spates, for military or other purposes, every o""™*- 
 such person or persons so offending, on conviction thereof, 
 before a court having competent jurisdiction, shall, for every 
 such offence, pay a fine not exceeding five hundred dollars, 
 and shall be imprisoned not exceeding twelve months. 
 
 Chapter 83.— Approved March 3, 1859.— Vol. Il,j2>. 431. 
 
 AN ACT making appropriations for the support of the Army for the 
 year ending the thirtieth of June, eighteen hundred and sixty. 
 
 For constructing barracks and other buildings at posts Barracks &o. 
 which it may be necessary to occupy during the year ; and 
 for repairing, altering, and enlarging buildings at the estab- 
 lished posts, including hire or commutation of quarters for 
 officers on military duty; hire of quarters for troops, of 
 store-houses for the safe-keeping of military stores, and of 
 grounds for summer cantonments; and for temporary fron- 
 tier stations, three hundred thousand dollars : Provided, Proviao. 
 That no permanent barracks and quarters shall hereafter be ,^"* *? *?^^'"'; 
 
 , t -I -I n j_ •! 1 i_' i_ Till 1 atraoted without 
 
 constructed, unless detailed estimates shall have been pre- previous detaUed 
 viously submitted to Congress, and shall have been approved 'Estimates. 
 by a special appropriation for the same. 
 
 Chapter 205.— Ajjproved June 23, I860.— Vol. 12, p. 103. 
 
 AN ACT making appropriations for the legislative, executive, and ju- 
 dicial expenses of Govornment for the year ending the thirtieth of 
 June, eighteen hundred and sixty-one. 
 
 Sec. 3. ^[And be it further enacted,. That all purchases and Purchases and 
 contracts for supplies or services in any of the Departments ^^"'''^J^^^f'^g^P.* 
 of the Government, except for personal services, when the vices,'* ic^^to^ be 
 public exigencies do not require the immediate delivery of vertfsiD^forpro- 
 the article or articles, or performance of the service, shall posais. 
 be made by advertising, a sufficient time previously, for 
 proposals respecting the same. When immediate delivery 
 
 ' Sec. 5, chap. 49, February 21, 1861, repeals this section, except so 
 much thereof as relates to the purchase of patented fire-arms ; but seo.lO, 
 chap. P4, March 2, 1861, after reinstating the part repealed, in brackets 
 abovn, repeals the remainder of the section. 
 
52 
 
 or performance is required by the public exigency, the ar- 
 ticles or service required may be procured by open purchase 
 or contract at the places and in the manner in which such 
 articles are usually bought and sold, or such services en- 
 contraots, &o., gaged between individuals. No contract or purchase shall 
 oept°'SorirS thereafter be made unless the same be authorized by law, or 
 bylaw. be under an appropriation adequate to its fulfilment, except 
 
 Except, &o. in the War and Navy Departments, for clothing, subsist- 
 ence, forage, fuel, quarters, or transportation, which, how- 
 ever, shall not exceed the necessities of the current year.] 
 Patent arms, No arms, uor military supplies whatever, which are of a 
 *ou'ght?&o!° ^° patented invention, shall be purchased, noriherightof using 
 or applying any patented invention, unless the same shall 
 be authorized by law, and the appropriation therefor explic- 
 itly set forth that it is for such patented invention. 
 
 Chapter 49. — Apjproved February 21, 1861. — Vol. 12, p. 150. 
 
 AN ACT making appropriations for the nav£|il service for the year end- 
 ing thirtieth June, eighteen hundred and sixty-two. 
 
 Patented fire- Sbc. 5. That the third section of the act entitled "An 
 Sou|ht"°* *" ^''act making appropriations for the legislative, executive, 
 and judicial expenses of the Grovernment for the year ending 
 thirtieth June, eighteen hundred and sixty-one," approved 
 June twenty- third, eighteen hundred and sixty, be, and the 
 same is hereby, *repealed, except so far as the said section 
 prohibits the purchase of patented fire-arms, as to which 
 the said section shall still be in force.^ 
 
 Chapter M.— Approved March 2, 1861.— Foi. 12, p. 220. 
 
 AN ACT making appropriations for sundry civil expenses of the Govern- ,, 
 ment for the year ending June thirtieth, eighteen hundred and sixty yi 
 two. ' "'•.- 
 
 Parchases and Sec. 10. That all purchascs and contracts for supplies or 
 l^etTow'madT' Service in any of the Departments of the Government, except 
 for personal services, when the public exigencies^ do not re- 
 quire the immediate delivery of the article or articles, or 
 performance of the service, shall be made by advertising a 
 sufficient time previously for proposals respecting the same. 
 When immediate delivery or performance is required by the 
 public exigency, the articles or service required may be pro- 
 cured by open purchase or contract at the places and In the 
 manner in which such articles are usually bought and sold 
 No contract or Or such scrvices engaged between individuals. No contract 
 S?t?thoutaiOr purchase shall hereafter be made unless the same be 
 
 equate appropri- 
 
 ation. 1 Sec. 10, chap. 84, March 2, 1861, repeals all of sec. 3, chap. 205, re- 
 
 ferred to above, but re-enacts all but the concluding sentence. 
 
 *> What is such public exigency as requires an immediate delivery or per- 
 formance, and authorizes the making of a contract without advertising 
 for proposals under this act, (see Eeeside vs. United States, 2 N. & H., 
 1 ; also Mowry vs. United States, IKg., 68.) 
 
53 
 
 authorized by law, or be under an appropriation adequate 
 to its fulfilment/ except in the War and Navy Departments, 
 for clothing, subsistence, forage, fuel, quarters, or transpor- 
 tation, which, however, shall not exceed the necessities of 
 the current year. And the third section of the act entitled 
 "An act making appropriations for the legislative, executive, 
 and judicial expenses of the Government for the year ending 
 the thirtieth of June, eighteen hundred and sixty-one," shall 
 be, and the same is hereby, repealed.* 
 
 Chapter 21.— Approved July 27, 1861.— Foi. 12, p. 276. 
 
 AN ACT to indemnify tlie States for expenses incurred by tliem in defense 
 of tlie United States.' 
 
 ^ That the Secretary of the Treasury be, and he is hereby, indemnity to 
 directed, out of any money in the Treasury not otherwise "^® states. 
 appropriated, to pay to the governor of any State, or to his 
 duly authorized agents, the costs, charges, and expenses 
 properly incurred by such State for enrolling, subsisting, 
 clothing, supplying, arming, equipping, paying, and trans- 
 porting its troops employed in aiding to suppress the present 
 insurrection against the United States, to be settled upon 
 proper vouchers, to be filed and passed upon by the proper 
 accounting offtcers of the Treasury. 
 
 Chapter i2,— Approved August 3, 1861. — Vol. 12, p. 287. 
 
 AN ACT providing for the better organization of the military establisb- 
 
 ment. 
 
 Sec. 3. * * And there shall be added to the Ordnance increaaeofora- 
 Department of the United States Army, as now organized, one ° |°j" " ^«p"*" 
 Chief of Ordnance, with the rank, pay, and emoluments of 
 the Quartermaster General of the Army ; one colonel, one 
 lieutenant-colonel, and six second lieutenants; the fleld- 
 of&cers to be appointed by selection from the officers of the 
 Army, and the second lieutenants from the graduates of the 
 United States Military Academy, by transfers from the 
 engineers, or the topographical engineers, or the artillery.^ 
 
 Sec. 20. That offtcers of the Army, when absent from their officers absent 
 appropriate duties for a period exceeding six months, either ^"j'J'Jpj^p^'^JI 
 with or without leave, shall not receive the allowances than six months 
 authorized by the existing laws for servants, forage, trans- fo°^™^g_®|^^" 
 portatiou of baggage, fuel, and quarters, either in kind or 
 in commutation. 
 
 1 See sec. 7, chap. 2.51, July 12, 1870, ^ost. 
 
 2 See sec. 3, chap. 205, June 23, 1860, and sec. 5, chap. 49, February 21, 
 1861, ante. 
 
 " For same during the Mexican war, see res. 7, 3d March, 1847, and 
 chap. 60, 2d June, 1848, sec. 1. See also res. 16, 8th March, 1862, post, 
 declaring the meaning of this act. 
 
 ■* Repealed by sec. 4, chap. 251, of July 12, 1870, j>os*. 
 
 'The Ordnance Department was thereby made to consist of 1 Chief of 
 Ordnance, 2 colonels, 2 lieutenant-colonels, 4 majors, 16 captains, 12 first 
 and 12 second lieutenants. 
 
54 
 
 Chapter 57.— Approved August 6, 1861.— Yo?. 12, p. 318. 
 
 AN ACT to promote the efficiency of the Engineer and Topographical 
 Engineer Corps, and for other purposes. 
 
 ciTii enperin- Sec. 5. That SO much of the first section of the act approved 
 Mol™*l™oril^ August fifth, eighteen hundred and fifty-four, as author- 
 aboiished. izes the appointment of civilians to superintend the national 
 armories, be, and the same is hereby, repealed, and that the 
 superintendents of these armories shall be appointed here- 
 after from officers of the Ordnance Department. 
 
 Eesolution No. 16. — Approved March 8, 1862. — Vol. 12, 
 
 p. 615. 
 
 A EESOLUTION declaratory of the intent and meaning of a certain 
 act therein named. 
 
 Whereas doubts have arisen as to the true intent and 
 meaning of act numbered eighteen, entitled "An act to 
 indemnify the States for expenses incurred by them ia 
 defence of the United States," approved July twenty-seven, 
 eighteen hundred and sixty-one :^ 
 Indemnity to Be it resolved by the Senate and Souse of Representatives of 
 penaes^™™'"^*^'*^® United States of America in Congress assembled, That the 
 said act shall be construed to apply to expenses incurred as 
 well after as before the date of the approval thereof 
 
 Chaptee 93.— Approved June 2, 1802.— ToZ. 12,^. 411. 
 
 AN ACT to prevent and punish fraud on the part of officers intrusted 
 with making of contracts for the Government.^ 
 
 That it shall be the duty of the Secretary of War, of the 
 Secretary of the N^avy, and of the Secretary of the Interior, 
 immediately after the passage of this act, to cause and 
 Contracts to be require every contract^ made by them, severally, on behalf 
 reduced to writ- ^f ^jje Government, or by their officers under them appointed 
 to make such contracts, to be reduced to writing, and signed 
 by the contracting parties with their names at the end 
 Copy to be aed thereof, a copy of which shall be filed, by the officer making 
 offloef^ritb*°o™'^"*l signing the said contract, in the "returns-office" of the 
 tain aooompany- Department of the Interior, (hereinafter established for that 
 ing papers. purpose,) as soou after the contract is made as possible, and 
 within thirty days, together with all bids, offers, and pro- 
 posals to him made by persons to obtain the same, as also 
 a copy of any advertisement he may have published inviting 
 bids, offers, or proposals for the same; all the said copies 
 
 lEepealed by sec. 4, chap. 2.51, of July 12, 1870, ^osi. 
 
 2 The operation of this act was suspended until the first Monday in 
 January, 1863, by chap. 203, 17th July, 1862, post. 
 
 = SeeG. 0. No. 69, A. G. 0., June 19, 1862; also the following circulars 
 from the Ordnance Office, viz: Nos. 8 and 59 of 1863, and No. 2 of 1864; 
 and circular from the Adjutant-General of June 11, 1869 See also 
 paragraphs 1044 to 1052, Eev. Eeg., 1863. 
 
55 
 
 and papers in relation to each contract to be attached 
 together by a ribbon and seal, and numbered in regular 
 order, numerically, according to the number of papers com- 
 posing the whole return. 
 
 Sec. 2. That it shall be the further duty of the said officer, officer making 
 before making his return according to the first section of^g^^'^'j^^j"®'' 
 this act, to affix to the same his affidavit in the following 
 form, sworn to before some magistrate having authority to 
 administer oaths : " I do solemnly swear (or affirm) that the 
 copy of contract hereto annexed is an exact copy of a con- 
 tract made by me personally with ; that I 
 
 made the same fairly, without any benefit or advantage 
 to myself or allowing any such benefit or advantage corruptly 
 
 to the said , or any other person ; and that 
 
 the papers accompanying include all those relating to the 
 
 said contract, as required by the statute in such case made Penalty for 
 
 and provided." And any officer convicted of falsely and '^^^'^ "^''"^s- 
 
 corruptly swearing to such affidavit shall be subject to all 
 
 the pains and penalties now by law inflicted for willful and 
 
 corrupt perjury. Penalty fornot 
 
 Sec. 3. That any officer making contracts as aforesaid, ™/„''„^Ut^*'"°^ 
 and failing or neglecting to make returns of the same ac- 
 cording to the provisions of this act, unless from unavoida- 
 ble accident and not within his control, shall be deemed, in 
 every case of such failure or neglect, to be guilty of a mis- 
 demeanor, and, on conviction thereof, shall be punished by 
 a fine of not less than one hundred dollars nor more than 
 five hundred dollars, and be imprisoned for not more than 
 six months, at the discretion of the court trying the same, netums-offioe 
 
 Seo. i. That it shall be the duty of the Secretary of the '="^''"^'^'"^- 
 Interior, immediately after the passage of this act, to provide 
 a fit and proper apartment in his Department, to be called 
 the " returns-office," within which to file the returns required cierk, salary, 
 by this act to be filed, and to appoint a clerk to attend to the ™'^ '^'^''''^■ 
 same, who shall be entitled to an annual salary of twelve hun- 
 dred dollars, and whose duty it shall be to file all returns made 
 to said office, so that the same may be of easy access, filing 
 all returns made by the same officer in the same place, and 
 numbering them as they are made in numerical order. He inaex-book to 
 shall also provide and keep an index-book, with the names ^® '^^p'- 
 of the contracting parties, and the number of each and every 
 contract opposite to the said names; and he shall submit 
 the said index-book and returns to any person desiring to copies of re- 
 inspect the same ; and he shall also furnish copies of said ^Jfea*" ^" ^"' 
 returns to any person paying for said copies to said clerk 
 at the rate of five cents for every one hundred words, to 
 which said copies certificates shall be appended in every 
 case by the clerk making the same, attesting their correct- 
 ness, and that each copy so certified is a full and complete when retnm 
 copy of said return; which return, so certified under the*" '""'^^™''^- 
 seal of the Department, shall be evidence in all prosecutions 
 under this act. 
 
 Sec. 5. That it shall be the duty of the Secretary of War, officers anthor- 
 of the Secretary of the Navy, and of the Secretary of the St^S^eceWe 
 Interior, immediately after the passage of this act, to furnish printed letters of 
 each and every officer severally appointed by them with '°^"™'=*'™^- 
 
56 
 
 authority to make contracts on behalf of the Government, 
 ■with a printed letter of instructions, setting forth the duties 
 of such officer under this act ; and also to furnish therewith 
 forms, printed in blank, of contracts to be made, and the 
 affidavits of returns required to be affixed thereto, so that 
 all the instruments may be as nearly uniform as possible. 
 
 Chapter 128.— Approved July 2, 1862.— Foi. 12, j?. 502. 
 AN ACT to prescribe an oath of offipe, and for other purposes. 
 
 fo?^VeraoSf ?n T'^^* hereafter every .person elected or appointed to any 
 civil, Military, or office of honor or profit under the Government of the United 
 minfof thipttb- Statcs, either in the civil, Military, or Naval Bepartments 
 lie service. of the public scrvice, excepting the President of the United 
 States, shall, before entering upon the duties of such office, and 
 before being entitled to any of the salary or other emoluments 
 thereof, take and subscribe the following oath or affirmation: 
 "I, A. B., do solemnly swear (or affirm) that I have never 
 voluntarily borne arms against the United States since I 
 have been a citizen thereof; that I have voluntarily given 
 no aid, countenance, counsel, or encouragement to persons 
 engaged in armed hostility thereto ; that I have neither sought 
 nor accepted nor attempted to exercise the functions of any 
 office whatever, under any authority or pretended authority 
 in hostility to the United States ; that I have not yielded 
 a voluntary support to any pretended government, authority, 
 power, or constitution within the United States, hostile or 
 inimical thereto. And I do further swear (or affirm) that, 
 to the best of my knowledge and ability, I will support and 
 , defend the Constitution of the United States against all ene- 
 
 mies, foreign and domestic ; that I will bear true faith and 
 allegiance to the same ; that I take this obligation freely, 
 without any mental reservation or purpose of evasion, and 
 that I will well and faithfully discharge the duties of the 
 office on which I am about to enter : so help me God ;" which 
 served. " ^'"^^"said oath, so taken and signed, shall be preserved among 
 the files of the court, House of Congress, or Department to 
 False swearing '"'liJch the Said officc may appertain. And any person who 
 inteidngtiieoatE shall falsely take the said oath shall be guilty of perjury, 
 p3tT'^' ^^^ '^^ conviction, in addition to the penalties now pre- 
 scribed for that offence, shall be deprived of his office and 
 rendered incapable forever after of holding any office or 
 place under the United States. 
 
 Chai'tee 133.— Approved July 5, 1862. — Vol. 12, p. 508. 
 
 AN ACT making appropriations for the support of the Army for the year 
 ending the thirtieth of June, eighteen hundred and sixty-three, and 
 additional appropriations for the year ending the thirtieth of June, 
 eighteen hundred and sixty-two, and for other purposes. 
 
 eiSsteS^mi™ °f ^^^' ^' ^'^^^ *^® enlisted men of the Ordnance Depart- 
 tiieOranan™De.™ent now designated as master-workmen shall hereafter be 
 partment. designated and mustered as sergeants ; those now designated 
 
57 
 
 as armorers, carriage-makers, and blacksmiths shall be des- 
 ignated and mustered as corporals ; those now designated 
 as artificers shall be designated and mustered as privates 
 of the first class; and those now designated as laborers 
 shall be designated and mustered as privates of the second 
 class : Provided, That the pay, rations, and clothing now Pay, &.c. 
 authorized by law to the respective grades of enlisted ord- 
 nance men shall not be changed. 
 
 Chapter U8.— Approved July 11, 1862.— Vol. 12, p. 537. 
 AN ACT for the establishment of certain national arsenals. 
 
 That there shall be, and hereby is, established a national Coiambns ar- 
 arsenal at Columbus, in the State of Ohio ; at Indianapolis, oiuarsena^ES 
 in the State of Indiana; and on Eock Island, in the State island arsenal. 
 of Illinois, for the deposit and repair of arms and other 
 munitions of war. 
 
 Resolution Eo. 53.— Approved July 12, 1862.— Vol. 12,p. 624. 
 
 A EESOLUTON in relation to contracts with the United States. 
 
 That it shall be the duty of the several Executive Depart- Listof contracts 
 ments of the Government to publish in one of the daily poseai^otmoSifl- 
 newspapers of the city of Washington, on Tuesday of each oati™ of "on- 
 week, a list of all contracts which shall have been solicited ifshelVecMy™ " 
 or proposed to each, respectively, during the week next pre- 
 ceding, which list shall state briefly the subject-matter of 
 each contract so solicited or proposed to be made, its terms, 
 the name of the proposed contractor and of all persons 
 known to be interested therein, directly or indirectly, and 
 of all persons who solicit, request, or recommend the making 
 of any such contract : Provided, That the foregoing provis- Proviso. 
 ion shall not be applicable to bids made in pursuance of 
 advertisements for contracts or purchases made under exist- 
 ing laws, but shall apply to all proposed modifications of 
 existing contracts. 
 
 Chapter 180.— Approved July 16, 1862.— FoJ. 12, p. 577. 
 
 AN ACT to prevent members of Congress and officers of the Govern- 
 ment of the United States from taking consideration for procuring 
 contracts, office, or place from the United States, and for other pur- 
 poses. 
 
 That any member of Congress or any ofScer^ of the Gov- Penalty on 
 ernment of the United States who shall, directly or indi- greTa^"&?., ^toi 
 rectly, take, receive, or agree to receive, any money, prop- JaWng considera- 
 
 ."" ,i' 1 ii °.-i ,. ,.•' n ' tion for procuring 
 
 erty, or other valuable consideration whatsoever, from any contracts, &o. 
 person or persons for procuring, or aiding to procure, any 
 
 ' Extended to all agents of the Government by chap. 61 of 1863, post. 
 
58 
 
 contract, office, or place, from the Government of the United 
 States or any Department thereof, or from any officer of the 
 United States, for any person or persons whatsoever, or for 
 giving any such contract, office, or place to any person whom- 
 soever, and the pierson or persons who shall directly or indi- 
 oa persons -who rectly Offer or agree to give, or give or bestow any money, 
 tf^iMmber's^to property. Or other valnable consideration whatsoever, for 
 procure con- the procuring or aiding to procure any contract, office, or 
 place as aforesaid, and any member of Congress who shall 
 directly or indirectly take, receive, or agree to receive any 
 money, property, or other valuable consideration whatso- 
 ever, after his election as such member, for his attention to, 
 services, action, vote, or decision on any question, matter, 
 cause, or proceeding which may then be pending, or may by 
 law or under the Constitution of the United States be brought 
 before him in his official capacity, or in his place of trust and 
 profit as such member of Congress, shall, for every such 
 oflfense, be liable to indictment as for a misdemeanor in any 
 court of the United States having jurisdiction thereof, and 
 on conviction thereof shall pay a fine of not exceeding ten 
 thousand dollars and suffer imprisonment in the peniten- 
 tiary not exceeding two years, at the discretion of the court 
 trying the same; and any such contract or agreement, as 
 aforesaid, may, at the option of the President of the United 
 States, be absolutely null and void ; and any member of 
 Congress or officer of the United States, convicted as afore- 
 said, shall, moreover, be disqualified from holding any office 
 of honor, profit, or trust under the Government of the United 
 States. 
 
 Chapter 199.— Approved July 17, 1862.— FbZ. 12, p. 593. 
 
 AN ACT to provide for the more prompt settlement of the acconnts of 
 disbursing officers. 
 
 Acconnts of dis- That froui and after the passage of this act, any officer or 
 brseSfed^onth" agent of the United States who shall receive public money 
 ^y- which he is not authorized to retain as salary, pay, or emol- 
 
 ument, shall render his accounts monthly, instead of quar- 
 Aoconnts, &c^ tcrly, as heretofore ; and such accounts, with the vouchers 
 ^aL te™days necessary to the correct and prompt settlement thereof, shall 
 be rendered direct to the proper accounting officer of the 
 Treasury, and be mailed or otherwise forwarded to its proper 
 address within ten days after the expiration of each succes- 
 sive month.i And in case of the non-receipt at the Treasury 
 Proceedings if of any accounts within a reasonable and proper time there- 
 Mcei^d to" 6°ea- after, the officer whose accounts are in default shall be re- 
 quired to furnish satisfactory evidence of having complied 
 with the provisions of this act ; and for any default on his 
 part, the delinquent officer shall be deemed a defaulter, and 
 be subject to all the penalties prescribed by the sixteenth 
 section of the act of August sixth, eighteen hundred and 
 
 1 Modified by Eesolutiou No. 48 of 1867, post, so as to require aocounta 
 and Touchers to be sent to the Bureaus to which they pertain, to be 
 thence forwarded, after examination, to the proper accounting officers. 
 
 son. 
 
59 
 
 forty-six,i " to provide for the better organization of the 
 Treasury, and for the collection, safe-keeping, transfer, and 
 disbursement of the public revenue : " Provided, That the ProTiao. 
 Secretary of the Treasury may, if in his opinion the circum- 
 stances of the case justify and require it, extend the time 
 hereinbefore prescribed for the rendition of accounts : And 
 provided further, That nothing herein contained shall be ]?roviao. 
 construed to restrain the heads of any of the Departments 
 from requiring such other returns or reports from the officer 
 or agent subject to the control of such heads of Depart- 
 ments as the public interests may require. 
 
 Ohaptek 2m.— Approved July 17, 1862.— Foi. 12, p. 596. 
 
 AN ACT to define tlie pay and eraolnments of certain officers of tlie 
 Army, and for other purposes. 
 
 Sec. 13. That all contracts made for, or orders given for oj.dMs'^toVoai 
 the purchase of, goods or supplies by any Department of orauppuTs to°be 
 the Grovernment, shall be promptly reported to Congress by ^p""®^ *" *^™' 
 the proper head of such Department, if Congress shall at 
 the time be in session ; and if not in session, said reports 
 shall be made at the commencement of the next ensuing 
 session. 
 
 Sec. 14. Thatnocontractororder, or any interest therein, interests m 
 shall be transferred by the party or parties, to whom such be°tranafen-ed.*" 
 contract or order may be given to any other party or parties, 
 and that any such transfer shall cause the annulment of the 
 contract or order transferred, so far as the United States are 
 concerned: Provided, That all rights of action are hereby 
 reserved to the United States for any breach of such con- 
 tract by the contracting party or parties. 
 
 Sec. 15. That every person who shall furnish supplies of Supplies to be 
 any kind to the Army or ISTavy shall be required to mark ™^'^^'^'^' 
 and distinguish the same with the name or names of the 
 contractors so furnishing said supplies, in such manner as 
 the Secretary of War and the Secretary of the Navy may 
 respectively direct ; and no supplies of any kind shall be 
 received unless so marked and distinguished. 
 
 Sec. 16. That whenever any contractor for subsistence, contractors 
 clothing, arms, ammunition, munitions of war, and for every fr™d &o!'''^ "' 
 description of supplies for the Army or Navy of the United 
 States, shall be found guilty by a court-martial of fraud or 
 willful neglect of duty, he shall be punished by fine, impris- 
 onment, or such other punishment as the court-martial 
 shall adjudge ; and any person who shall contract to fur- 
 nish supplies of any kind or description for the Army or 
 Navy, he shall be deemed and taken as a part of the land 
 or naval forces of the United States for which he shall con- 
 tract to furnish said supplies, and be subject to the rules 
 and regulations for the government of the land and naval 
 forces of the United States. 
 
 Sec. 17. That the President of the United States be, and Dismissal of of- 
 hereby is, authorized and requested to dismiss and discharge Ifr clmae!^'^™^ 
 
 ' Chap. 90, ante. 
 
60 
 
 from the military service, either in the Army, Navy, Marine 
 Corps, or volunteer force, in the United States service, any 
 officer for any cause which, in his judgment, either renders 
 such officer unsuitable for, or whose dismission would pro- 
 mote, the public service.^ 
 
 Ohaptbk 203.— Approved July 17, 1862.— FoZ. 12, p. 600. 
 
 AN ACT to suspend temporarily the operation of an act entitled "An 
 act to prevent and pumsh ftand on the part of officers intrusted 
 with making of contracts for the Government," approved Jane sec- 
 ond, eighteen hundred and sixty-two. 
 
 That the operation of the act entitled "An act to prevent 
 and punish frauds on the part of officers intrusted with 
 making of contracts for the Government," approved June 
 two, eighteen hundred and sixty-two,^ be, and the same is 
 hereby, suspended until the first Monday of January, 
 eighteen hundred and sixty-three. 
 
 Chapter 205.— Approved July 17, 1862.— Vol. 12, p. 610. 
 
 AN ACT requiring » » * persons prosecuting claims to take 
 the oath of allegiance. 
 
 Persons prose- That * * all pcrsous prosecuting claims either as 
 tak6°fath''o?lue° attorney or on his own account, before any of the Depart- 
 fiiaEce. ments or Bureaus of the United States, shall be required to 
 
 take the oath of allegiance, and to support the Constitution 
 of the United States, (or affirm, as the case may be,) as re- 
 quired of persons in the civil service of the United States 
 by the provisions of the act of Congress approved August 
 sixth, eighteen hundred and sixty-one.^ 
 WTio may ad- Sec. 2. That the oath or affirmation herein provided for in 
 minister oath, ^j^g flj.gj; gection of this act may be taken before any justice 
 of the peace, notary public, or other person who is legally 
 authorized to administer an oath in the State or district 
 Penalty for vio- where the Same may be administered; and that any viola- 
 tion of such oath by any person or persons taking the same 
 shall subject the offender to all the pains and penalties of 
 wilful and corrupt perjury, who shall be liable to be ia- 
 dicted and prosecuted to conviction for any such offence 
 before any court having competent jurisdiction thereof. 
 
 lation of oath. 
 
 Chapter 22.— Approved February 7, 1863. — Vol. 12, p. 641. 
 
 AN ACT to increase the clerical and other force of the Quartermastei- 
 Geueral's Office, and for other purposes. 
 
 AfBdaviit of Sec. 2. That iu settling the accounts of the commanding 
 ooSpa°T*may*be officer of a Company for clothing and other military sup- 
 
 received to show , „ ■, -, , „ , 
 
 loss of vouchers, ' Repealed by sec. 5, chap. 176, .Tuly 13, 1866. 
 
 &c. 2 Chap. 93, of 1862. 
 
 3 Chap. 64, of 1861, ante. 
 
61 
 
 plies, the afQdavit of any such officer may be received to 
 show the loss of vouchers, or company books, or any mat- 
 ter or circumstance tending to prove that any apparent 
 deficiency was occasioned by unavoidable accident, or lost 
 in actual service, without any fault on his part, or that the 
 whole or any part of such clothing and supplies had been 
 properly and legally used and appropriated ; and such affida- 
 vit may be considered as evidence to establish the facts set 
 forth with or without other evidence, as may seem to the 
 Secretary of War just and proper under the circumstances 
 of the case.' 
 
 Chapter 25. — Approved February 9, 1863. — Vol. 12, i>. 646. 
 
 AN ACT making appropriations for the support of the Army for the 
 year ending the thirtieth of June, eighteen hundred and sixty-four, 
 and for a deficiency for the signal service for the year ending June 
 thirty, eighteen hundred and sixty-three. 
 
 Sec. 2. That no money shall be paid from the Treasury jcomoneytobo 
 of the United States to any person acting or assuming to P^'y^j'^/g*'^^^™ 
 act as an officer, civil, military, or naval, as salary in any anthoriaed ty 
 office, which office is not authorized by some previously ^''^• 
 existing law, unless where such office shall be subsequently 
 sanctioned by law ; nor shaU any money be paid out of the nortoanyper- 
 Treasury as salary to any person appointed during the ^{'^Ipp^'^"*^!^'" 
 recess of the Senate to fill a vacancy in any existing office, 
 which vacancy existed while the Senate was in session, and 
 is by law required to be filled by and with the advice and 
 consent of the Senate, until such appointee shall have been 
 confirmed by the Senate. 
 
 Chapter 61.— Approved February 25, 1863.— Foi. l'2,p. 696. 
 
 AN ACT to amend an act entitled "An act to prevent members of Con- 
 gress and oiHcers of the Government of the United States from taking 
 considerations for procuring contracts, office, or place, from the United 
 States, and for other purposes." 
 
 That the provisions of said act shall be so construed as to coEtracts with 
 embrace any agent of the Government of the United States G'>^e™ment. 
 
 Chapter 67.— Approved March 2, 1863.— Vol. 12, p. 696. 
 
 AN ACT to prevent and punish frauds upon the Government of the 
 United States. 
 
 That any person in the land or naval forces of the United . Persons in mu- 
 States, or in the militia in actual service of the United States, slr™e'"^inakJig 
 in time of war, who shall make or cause to be made, or ™ p^sentiDg ac- 
 
 _, j_i . -, n . -I titious claim, &c.^ 
 
 present or cause to be presented for payment or approval against the got- 
 to or by any person or officer in the civjl or military service ^^"J^if^^'' ^"^ 
 of the United States, any claim upon or against the Govern- 
 
 ' See Circular No. 35, of 1833, from Ordnance Office. 
 
62 
 
 ment of the United States, or any Department or officer there- 
 of, knowing such claim to be false, fictitious, or fraudulent ; 
 any person in such forces or service who shall, for the pur- 
 pose of obtaining, or aiding in obtaining, the approval or 
 payment of such claim, make, use, or cause to be made or used, 
 raise vouchers, any falsc bill, receipt, voucher, entry, roll, account, claim, 
 statement, certificate, affidavit, or deposition, knowing the 
 same to contain any false or fraudulent statement or entry; 
 any person in said forces or service who shall make or pro- 
 cure to be made, or knowingly advise the making of any 
 i-aise oaths, false oath to any fact, statement, or certificate, voucher, or 
 entry, for the purpose of obtaining, or of aiding to obtain, any 
 approval or payment of any claim against the United States 
 or any Department or officer thereof; any person in said 
 forces or service who, for the purpose of obtaining or enabling 
 any other persoU to obtain from the Government of the 
 United States, or any Department or officer thereof, any 
 payment or allowance, or the approval or signature of any 
 person in the military, naval, or civil service of the United 
 States, of or to any false, fraudulent, or fictitious claim, shall 
 Forging signa- forge or Counterfeit, or cause or procure to be forged or coun- 
 
 tares. tcrfeitcd, any signature upon any bill, receipt, voucher, 
 
 account, claim, roll, statement, affidavit, or deposition ; and 
 
 ■uttering forged £i,ny pcrsou in Said forces or service who shall utter or use 
 
 papers. ^^^ same as true or genuine, knowing the same to have been 
 
 forged or counterfeited ; any person in said forces or service 
 
 Conspiring to who Shall enter into any agreement, combination, or con- 
 
 defraud. spiracy to cheat or defraud the Government of the United 
 
 States, or any Department or officer thereof, by obtaining, 
 
 or aiding and assisting to obtain, the paj'ment or allowance 
 
 of any false or fraudulent claim ; any person in said forces 
 
 stealing or em- or scrvicc who shall steal, embezzle, or knowingly and wil- 
 
 bezziing. fully misappropriate or apply to his own use or benefit, or 
 
 who shall wrongfully and knowingly sell, convey, or dispose 
 of any ordnance, arms, ammunition, clothing, subsistence 
 stores, money, or other property of the United States, 
 furnished or to be used for the military or naval service 
 
 Contraotors.&c., of the United States ; any contractor, agent, paymaster, 
 
 ertyfA™^ ''™P" quartermaster, or other person whatsoever in said forces or 
 service having charge, possession, custody, or control of any 
 money or other public property, used or to be used in the 
 military or naval service of the United States, who shall, 
 with intent to defraud the United States, or wilfully to 
 conceal such money or other j)roperty, deliverer cause to be 
 delivered to any, other person having autliority to receive 
 the same any amount of such money or other public property 
 less than that for which he shall receive a certificate or 
 receipt ; any person in said forces or service who is or shall 
 Deiiverinjr.&c, be authorized to make or deliver any certificate, voucher, 
 
 a™s, &c^''^'^ ^^ or receipt, or other paper certifying the receipt of arms, 
 ammunition, provisions, clothing, or other public property so 
 used or to be used, who shall make or deliver the same to 
 any person without having full knowledge of the truth 
 of the facts stated therein, and with intent to cheat, defraud, 
 
 reooiyta|°*"am°8^ Or injure the United States ; any person in said forces or 
 
 &c.,trom8oidiera! scrvice who Shall kuowiugly purchase or receive, in pledge 
 
63 
 
 for any obligation or indebtedness, from any soldier, officer, 
 
 or other person called into or employed in said forces or 
 
 service, any arms, eqnipments, ammunition, clothes, or 
 
 military stores, or other public property, such soldier, officer, 
 
 or other person not having the lawful right to pledge or sell 
 
 the same, shall be deemed guilty of a criminal offence, and 
 
 shall be subject to the rules and regulations made for the 
 
 government of the, military and naval forces of the United 
 
 States, and of the militia when called into and employed in the 
 
 actual service of the United States in time of war, and to the 
 
 provisions of this act. And every person so offending may Trial by oonrt- 
 
 be arrested and held for trial by a court-martial, and if found ™*^^- 
 
 guilty shall be punished by fine and imprisonment, or such 
 
 other punishment as the court-martial may adjudge, save Punishment. 
 
 the punishment of death. 
 
 Sec. 2. That any person heretofore called or hereafter to Dismissal from 
 be called into or employed in such forces or service, who prg^°nt trial *" 
 shall commit any violation of this act and shall afterwards 
 receive his discharge, or be dismissed from the service, shall, 
 notwithstanding such discharge or dismissal, continue to be 
 liable to be arrested and held for trial and sentence by a 
 court-martial, in the same manner and to the same extent 
 as if he had not received such discharge or been dismissed. 
 
 Sec. 3. That any person not in the military or naval Persons not in 
 forces of the United States, nor in the militia called into or ^I'j^?™^"^^^ 
 actually employed in the service of the United States, who frauds, lowpnn- 
 shall do or commit any of the acts prohibited by any of the ^^'^'"^' 
 foregoing provisions of this act, he shall forfeit and pay to 
 the United States the sum of two thousand dollars, and in 
 addition, double the amount of damages which the United 
 States may have sustained by reason of the doing or com- 
 mitting such act, together with the costs of suit; and such 
 forfeiture and damages shall be sued for in the same suit. Forfeiture ana 
 and every such person shall, in addition thereto, on convic- ''"'^ses. 
 tion in any court of competent jurisdiction, be punished by 
 imprisonment not less than one nor more than five years, 
 or by fine of not less than one thousand dollars, and not 
 more than five thousand dollars.. 
 
 Sec. 4. That the several district courts of the United District courts, 
 States, the circuit court of the District of Columbia, or any ^ction^"''^ ''""'" 
 court therein to be established having general jurisdiction 
 in civil cases, the several district courts of the Territories 
 of the United States within whose jurisdictional limits the 
 person doing or committing such act shall be found, shall, 
 wheresoever such act may have been done or committed, 
 have full power and jurisdiction to hear, try, and determine 
 such suit. Such suit may be brought and carried on by whomayinsti- 
 any person, as well for himself as for the United States ; *'^*^' *''•• ™"- 
 the same shall be at the sole cost and charge of such person, 
 and shall be in the name of the United States, but shall not 
 be withdrawn or discontinued without the consent, in writ- 
 ing, of the judge of the court and the district attorney, first 
 filed in the case, setting forth their reasons for such consent. 
 
 Sec. 5. That it shall be the duty of the several district „°ftp"m*ake ami 
 attoriievs of the United States for the respective districts, gent inquiry for 
 or tlie District of Columbia, and for the several Territories, ™t^'°"' 
 
64 
 
 to be diligent in inquiring into any violation of the provis- 
 ions of this act by persons liable to such suit, and found 
 within their respective districts or territories, and to cause 
 him or her to be proceeded against in due form of law for 
 the recovery of such forfeiture and damages. And such 
 Arrests; bail, person may be arrested and held to bail in such sum as the 
 district judge may order, not exceeding the said sum of two 
 thousand dollars, and twice the amount of the damages 
 sworn to in the affidavit of the person bringing the suit. 
 Prosecutor to Sbc. 6. That the person bringing said suit and prosecut- 
 
 feitnre. ^^ ^""^"ing it to final judgment shall be entitled to receive one-half 
 
 the amount of such forfeiture, as well as one-half the amount 
 
 of the damages he shall recover and collect ; and the other 
 
 half thereof shall belong to and be paid over to the United 
 
 Costs. States ; and such person shall be entitled to receive to his 
 
 own use all costs the court may award against the defendant, 
 
 to be allowed and taxed according to any provision of law or 
 
 rule of court in force, or that shall be in force, in suits between 
 
 Proviso. private parties in said court : Provided, That such person 
 
 shall be liable for all costs incurred by himself in the case, 
 
 and shall have no claim therefor on the United States. 
 
 Suit to be com- Seo. 7. That every such suit shall be commenced within 
 
 SI yoMs. '"*'"" six years from the doing or committing the act, and not 
 
 afterwards. 
 Certain persons Sec. 8. That no officer or agent of any banking or other 
 
 act^aT^agentarf commercial corporation, and no member of any mercantile 
 
 the Government, or trading firm, or person directly or indirectly interested 
 in the pecuniary profits or contracts of such corporation or 
 firm, shall be employed or shall act as an officer or agent of 
 the United States for the transaction of business with such 
 corporation or firm; and every such such officer, agent, or 
 member, or person, so interested, who shall so act, shall, 
 upon conviction thereof, be punished by a fine of not more 
 than two thousand dollars nor less than five hundred dol- 
 lars, and by imprisonment for a term not exceeding two 
 years. 
 Repealing and Seo. 9. That all acts and parts of acts inconsistent with 
 
 saving clause, qj, repugnant to any of the provisions of this act are hereby 
 repealed, saving, however, and excepting any and all suits 
 or prosecutions now commenced pending, and all rights of 
 suit or prosecution under any prior act of Congress, on 
 account of the doing or committing of any act hereby pro- 
 hibited, and all rights and claims which the United States, 
 or any person or persons, now have, growing out of such 
 prior act; all which pending suits and prosecutions shall 
 proceed and be determined, and all which rights and claims 
 shall remain and be as valid and effectual as if this present 
 act had not been passed. ZSTor shall this act be so construed 
 as in any way to impair or affect the obligation, duty, or 
 liability of any person who now is or shall hereafter become 
 the surety of any person contracting with the United States, 
 or any officer or agent thereof; but every such surety shall 
 be liable and answerable for the default of his principal in 
 the same manner as if this act had not been passed, save 
 to the extent to which his principal has performed the con- 
 tract, or, if damages have been so recovered, to the extent 
 
G5 
 
 of one-half of the damages so recovered and paid ; which 
 last amount may be shown in reduction of damages in any 
 suit brought against the principal and surety, or principals 
 and sureties, on their contract. 
 
 Chaptek 78.— Approved March 3, 1863.— FoZ. ll,p. 743. 
 
 AN ACT to promote the efficiency of the Corps of Engineers and of the 
 Ordnance Department, and for other purposes. 
 
 Sec. 4. That there shall be added to the Ordnance Depart- inoieaseof ord- 
 ment one lieutenant-colonel, two majors, eight captains, ^^"^"^ Depart- 
 eight first lieutenants; the additional officers herein author- 
 ized to be appointed by promotion, so far as the present 
 officers of the Ordnance Corps will permit, and the residue 
 to be appointed by transfers from other regiments or corps 
 of the Army: Provided, That no officer of the Ordnance 
 Department below the rank of a field officer shall be pro-Q^^o^^^Jj^^^jj^ 
 moted or commissioned to a higher grade, nor shall anypartment beiow 
 officer of the Army be commissioned as an ordnance officer ^^J^ aSerexam- 
 until he shall have passed a satisfactory examination before ination. 
 a board of not less than three ordnance officers senior to 
 him in rank; and should such officer fail on such examina- officers fauing 
 tion, he shall be suspended from promotion or appointment <"^ examinatiou. 
 for one year, when he may be re-examined before a like 
 hoard; and if, upon such second examination, an ordnance 
 officer fail, he shall be dismissed from the service; and if 
 an officer of the Army, he shall not be commissioned. 
 
 Sec. 12. That the increase of rank of officers, and in the increase to con- 
 number of officers' provided for in this act, shall continue *jj|.°®|3^°jfi^^'"°s 
 only during the existence of the present rebellion; and 
 thereafter the several officers promoted under this act shall 
 have the respective rank they would have had if this act 
 had not passed, and the number shall be reduced by, the 
 President to the number authorized by law prior to the 
 passage of this act.^ 
 
 Chapter 3.— Approved March 3, 1863.— Fo?. 12, p. 806. 
 AN ACT to incorporate the National Academy of Sciences. 
 
 Sec. 3. That the National Academy of Sciences shall hold . Annual meet- 
 an annual meeting at such place in the United States as "^" 
 may be designated, and the academy shall, whenever called 
 upon by any Department of the Government, investigate, investigations, 
 examine, experiment, and report upon any subject of science &e!^°ii"rabjecta 
 or art, the actual expense of such investigations, examina- "fsoience or art. 
 tions, experiments, and reports to be paid from appropria- 
 tions which may be made for the purpose, but the academy Expeneesthereof. 
 shall receive no compensation whatever for any services to 
 the Government of the United States. 
 
 'But see the act of July 28, 1866, chap. 299, ^os(, continuing the num- 
 ber of officers as then authorized, and grading them as follows : 1 briga- 
 dier general; 3 colonels; 4 lieutenant colonels; 10 majors; 20 captains; 
 16 first lieutenants ; lOsecondlieutenants; and 13 ordnance store-keepers 
 
 5 O L 
 
6G 
 OhAptee CO. — Approved April 19, 1864. — Vol. 13, p. 50. 
 
 AN ACT in addition to "An act for the establishment of certain 
 
 arsenals." 
 
 Preamble. Wliereas it is necessary that the Government of the United 
 
 States should at an early day, for the purpose of the 
 arsenal at Eock Island, in the State of Illinois, provided 
 J862, chap. 14S, for iu the act passed July eleventh, eighteen hundred and 
 vol. 12, p. 537. . gixty-two, obtain the possession of and title to certain lands, 
 now the property of private persons, upon which to locate 
 the said arsenal, with the grounds and buildings needful 
 for and to make a part of the same: Now, therefore, 
 Kook Island to That the Secretary of War be, and he is hereby, author- 
 sfon^orby°^theized and empowered to take and hold full, complete, and 
 Secretary of War permanent possession in behalf of the United States, of all 
 ™ ** ' , thelandsandshoresof the island of Eock Island, in the State 
 of Illinois, the same, when so possessed, to be held and 
 kept as a military reservation by the War Department, 
 Arsenal, &c., upon which shall be built and maintained an arsenal for 
 to be built there- ^-^^ construction, dcposit, and repair of arms and munitions 
 of war, and such other military establishments as have been 
 or may be authorized by law to be placed thereon in con- 
 nection with such arsenal. 
 Compensation Sec. 2. That if it Shall appear upon examination by the 
 c?t/t"ke^ ^™'^' Attorney-General of the United States of the titles of the 
 lands on Eock Island taken and occupied by the Secretary 
 of War for an arsenal and other military purposes, as pro- 
 Mode of proce- vided in the foregoing section, that any part or parcels 
 tilt I?e'"^a^6d thereof are now the property of, and are rightfully possessed 
 upon. by, any individual or corporation as his or their own private 
 
 property, the value of such private property so taken, and 
 a just compensation for any damages caused by such taking, 
 shall, if mutually agreed on by the Secretary of War and 
 the rightful owner or owners thereof and approved by the 
 President, be paid by the Secretary of the Treasury to" said 
 rightful owner or owners so agreeing, out of the appropria- 
 tions made or to be made for the construction of said arsenal : 
 ProTiso. Provided, That before such payment shall be made, the 
 said owner or owners of such private lands so taken, or such 
 Deed to be giv- of them as shall agree, shall by good and sufficient deed or 
 ™- deeds, in due form of law, and approved by the Attorney- 
 
 General of the United States, fully release and convey to 
 the United States all their and each of their several and 
 respective rights in and titles to such lands so taken. 
 Proceedin gs Sec. 3. That if the Secretary of War shall not agree with 
 DoV'^^glSrM to aiiy private owner or owners of lands so taken for the use 
 damages, &c. of the United states for military purposes, or if any such 
 owner or owners shall refuse to accept the sum to be paid 
 to him or them by the Secretary of the Treasury as and for 
 the true value thereof, or shall from any other cause neglect 
 or fail, for the space of twelve months after such taking, to 
 execute and deliver the deed or deeds thereof, needful in 
 the opinion of the Attorney- General of the United States, 
 to convey to the United States the title of said lands taken, 
 there shall forthwith be selected three competent persons, 
 
67 
 
 ■who shall be named and appointed by the President, and Commissionere 
 shall by him be constituted a board of commissioners, whose ^^^^ appointed, 
 duty it sball be to bear the parties interested, who may 
 appear before them upon reasonable notice of time and 
 place, and ascertain the true value of the land taken, and 
 •of the several parcels thereof that shall not have been con- 
 veyed to or paid for by tbe United States as hereinbefore 
 provided, and the names and titles of the claimants thereof, 
 if more than one, and their respective interests therein, 
 and what compensation for the taking of their lands is due 
 to each claimant; and the said board of commissioners Eeport to i,ii« 
 shall report the same as early as practicable after their "''''""* '"'°'*- 
 appointment to the circuit court of the United States within 
 and for the district in which such lands are situated ; and 
 in case of a difference of opinion in the said board as to the 
 matters referred to them, the report of a majority of the 
 commissioners shall be held to be the report of the board. 
 And the compensation and expenses of the said commissioners Pay of commis 
 shall be fixed and approved by the Secretary of War, and ^^<"""^^- 
 paid by the Secretary of the Treasury upon his requisition. 
 
 Sec. 4. That the said circuit court, upon the return and Court to order 
 examination of the report of the said commissioners, shall, ''^^'^^ '■ 
 for the parcels of land taken as to which there appear to be 
 no conflicting claims for compensation, by decree, order the 
 sums awarded by the commissioners iu said report to be 
 paid to the person or persons who shall, according to said 
 report, be entitled thereto, and who shall apply therefor, 
 and who shall, by writing filed in the said court, waive his or 
 their right to an appeal from the determination of the said 
 board of commissioners, and agree to accept the said sum 
 in full satisfaction of his or their claims for such lands taken 
 by the United States : Provided, That if the party entitled rioviao. 
 and applying as aforesaid, or filing a complaint, as herein- 
 after provided, shall have an estate for life only in said land, 
 ■or any estate less than a fee-simple, or shall be a married 
 woman, or a minor, or non compos mentis, the court aforesaid 
 shall, in its final judgment or decree, make such order for 
 the payment of the said compensation to the party, or for 
 its payment into court; and as to the investment of the 
 principal and disposal of the income or interest thereof, 
 as shall be just and equitable, and for the protection of the 
 rights of those interested, in accordance with the rules and 
 practice of courts of equity in cases where a fund in court 
 is to be divided and administered. 
 
 Sec. 5. That any person or persons aggrieved by the Appeai&omde- 
 doings of the aforesaid board of commissioners in the esti- SJis^one^. "°°'" 
 raation of his or their damages, or in the refusal or omission 
 thereof, may, at any time within twelve months from and Time of pro 
 after the return of said report to the said circuit court, or ceedioga. 
 within three years after the land claimed shall have been 
 taken, make applica.tion by complaint, iu writing, to the 
 said court sitting as a court of equity, setting forth the title 
 which he or they may have or claim in said lands taken, or 
 in parcels thereof, and the grievance complained of; and the 
 said court, after reasonable notice to the district attorney 
 of the United States for that district, who shall appear and 
 
68 
 
 act for and in behalf of the United States, shall proceed and 
 hear the parties and their evidence according to the course 
 of proceedings in equity, and shall determine what right or 
 title, if any, the complainant or complainants had in and to 
 the parcels of land taken, claimed by him or them, and shall 
 ascertain and, by decree, fix the sum or sums of money to 
 which, as damages or just compensation for such taking,, 
 the complainants, severally or jointlj^, if they apply jointly, 
 ProTiso. are entitled : Provided, That if a complainant in any case 
 shall, in writing or by motion, so request, the value of the 
 land taken, or his Interest therein, shall be assessed or 
 Trial by jury, determined by a jury upon the law side of the court, upon 
 issues properly framed under the direction or allowance of 
 the court sitting in equity. 
 compiainaiits Sbc. 6. That if the attorney of the United States shall so 
 S^'eiTe security ^^I'l®®^) t^® court may, before ordering issues to be framed 
 for costs. for a jury, as provided in the foregoing section, require the 
 
 complainants applying therefor to undertake, and to give 
 security satisfactory to the court therefor, that they will pay 
 the costs of court to be taxed by the court, if the verdict of 
 such jury shall not be in favor of such complainants, and 
 for a sum larger than that allowed by the board of commis- 
 sioners in their report ; and the decision of all questions as 
 to the amount of costs to be paid by or to the comijlainants 
 shall be within the determination of the court, at their dis- 
 cretion, and according to the rules of equity practiced in the 
 courts of the United States. 
 Appeal to the Sbc. 7. That either party may appeal to the Supreme 
 Tr2it6asStes'''^C)oart of the United States from any final judgment or 
 decree which may be rendered by said circuit court, in any 
 case arising under the provisions of this statute where the 
 amount in controversy exceeds three thousand dollars: 
 Proviso. Provided, That such appeal shall be taken within ninety 
 
 days after the rendition of such judgment or decree. 
 
 Tinai judgments Sbc. 8. That in all cascs of final judgments or decrees by 
 
 "o/Tf'ciateiant ®^^^ circuit court, or on appeal by the said Supreme Court, 
 
 to be paid. where the same shall be afflrmed in favor of the claimant, 
 
 the sum due thereby shall be paid either to the claimant or 
 
 into the circuit court aforesaid, as said judgment or decree 
 
 may determine, by the United States, out of the money 
 
 appropriated for the construction and maintenance of said 
 
 arsenal, on presentation to the Secretary of the Treasury of 
 
 a copy of said judgment or decree, signed by the presiding 
 
 judge and certified by the clerk of the said circuit court. 
 
 Effect of such -^^d such payment shall be a full discharge to the United 
 
 payment. States for the compensation and damages due for the taking 
 
 of the lauds in respect of which the said judgment or decree 
 
 was rendered or made, and shall forever bar any further 
 
 claim or demand against the United States arising out of 
 
 the taking of such land. And such payment, or the lawful 
 
 tender thereof, shall operate as, and shall be deemed and 
 
 held to be, a full and complete conveyance of. the parcel or 
 
 parcels of land for which it was made to the United States. 
 
 Claims for dam- Sec. 9. That cvcry Claim against the United States for the 
 
 er^&c."?^ within t^^i'^S of land for public use, as herein authorized, shall be 
 
 three years. forcvcr barred, unless, within three years from the time of 
 
69 
 
 ■such taking, the claim for compensation therefor shall be 
 adjusted by agreement with the Secretary of War, or be 
 settled by an award of the board of commissioners, or pre- 
 sented by complaint or petition to the circuit court of the 
 United States in the district in which the land is situated : 
 Provided, Iwwever, That the claims of persons who, at the savinginfaTor 
 time of the taking, shall be under the age of twenty-one rieii"*"^e'D,™or 
 years, married women, idiots, lunatics, or insane, or beyond 
 seas, shall not be barred if their petition or complaint be 
 filed in said court as aforesaid within three years after the 
 disability has ceased; but no disability other than those 
 enumerated shall prevent any claim from being barred, nor 
 shall any of the said disabilities operate cumulatively. 
 
 Chaptee 102.— Approved June 1, ISGi.— Vol. 13, p. 9.3. 
 AN ACT in relation to franked matter.' 
 
 That all communications relating to the official business officiaicommu- 
 of the Department to which they are addressed, of whatever °j°'!^^™^j.\'^g^^t^ 
 origin, addressed to the chiefs of the several Executive De- &c., to be sent 
 partments of the G-overnment, or to such principal officers ^fthout endoraet 
 of each Executive Department, being heads of Bureaus or ™™t- 
 chief clerks, or one duly authorized by the Postmaster-G-en- 
 eral to frank official matter, shall be received and conveyed 
 by mail free of postage without being endorsed " official 
 business," or with the name of the writer. 
 
 Ohaptee 119.— Approved June 11, 1864:.— Vol. 13, p. 123. 
 
 AN ACT relating to members of Congresa, heads of Departments, and 
 other officers of the Government. 
 
 That no member of the Senate or House of Eepresenta- senators.Eepre- 
 tives shall, after his election and during his continuance in of°Bareaus'&o* 
 office, nor shall any head of a Department, head of a Bureau, not to reoeiva 
 clerk, or any other officer of the Government, receive or Pf ^ f ^^ '^^^iJI? 
 agree to receive any compensation whatsoever, directly or where the trnited 
 indirectly, for any services rendered, or to be rendered, after '*'*^ '^ ^ ^^^' 
 the passage of this act, to any person, either by himself or 
 another, in relation to any proceeding, contract, claim, con- 
 troversy, charge, accusation, arrest, or other matter or thing 
 in which the United States is a party, or directly or indi- 
 rectly interested, before any Department, court-martial, 
 Bureau, officer, or any civil, military, or naval commission 
 whatever. And any person offending against any provision penalty, 
 of this act shall, on conviction thereof, be deemed guilty of 
 a misdemeanor, and be punished by a fine not exceeding 
 ten thousand dollars, and by imprisonment for a term not 
 exceeding two years, at the discretion of the court trying 
 the same, and shall be forever thereafter incapable of holding 
 any office of honor, trust, or profit under the Government 
 of the United States. 
 
 ' As to mail-matter /romtheExecutive Departments, see chap. 49, March 
 1, 1869, post. 
 
70 
 
 Chapter 145. — Ap;proved June 20, 1864. — Vol. 13, p. 144. 
 
 AN ACT to increase the pay of soldiers in the United States Army, 
 and for other purposes. 
 
 Payofnon-oom- That OH and after the first day of May, eighteen hundred 
 air priv^fs^Tn and sixty-four, and during the continuance of the present 
 the military ser- rebellion,^ the pay per month of non-commissioned oflicers 
 ^™' and privates in the military service of the United States 
 
 shall be as follows, viz: * * * sergeants of ordnance, 
 sappers and miners, and pontoniers, thirty -four dollars ; cor- 
 porals of ordnance, sappers and miners, and pontoniers,, 
 twenty dollars ; privates of engineers and ordn ance of the first 
 class, eighteen dollars, and of the second class, sixteen dollars. 
 Pay, &o., may Sbc. 11. That the thirty-first section of an act entitled 
 tog^ieiT" o^at "^^ ^'^^ ^^^ enrolling and calling out the national forces, 
 sence under cer- and for other purposes," approved March third, one thou- 
 stoces "'^°"™" sand eight hundred and sixty-three, be, and the same is 
 hereby, so amended as that an offlcer may have, when 
 allowed by order of his proper commander, leave of absence 
 for other cause than sickness or wounds, without deduction 
 from his pay or allowances : Provided, That the aggregate 
 of such absence shall not exceed thirty days in any one year. 
 
 Ohap'J'EK 155. — Approved June 25, 1864. — Vol. 13, p. 184. 
 
 AN ACT to expedite and regulate the printing of public documents, and 
 for other purposes. 
 
 Heads of De- That hereafter, instead of furnishing manuscript copies of 
 animal re^OTts to ^^® documeuts usually accompanying their annual reports 
 saperintendentof to each Houso of Oongress. the heads of the several Depart- 
 before &c™''"^' ments of Government shall transmit them, on or before the 
 first day of November in each year, to the Superintendent 
 of Public Printing, who shall cause to be printed the usual 
 Humber of cop- number, and, in addition thereto, one thousand copies for 
 "'• the use of the Senate and two thousand copies for the use 
 
 of the House of Eepresentatives. * * * 
 
 Form and style Sec. 12. That the forms and style in which the printing 
 bLS*'°^ ^"^ ^^ binding ordered by any of the Departments shall be exe- 
 cuted, the materials and size of type to be used, shall be 
 determined by the Superintendent of Public Printing, having 
 proper regard to economy, workmanship, and the purposes 
 for which the work is needed. 
 
 Ebsolution No. 27.— Approved March 3, 1865.— Fo?. 15. 
 
 J). 571. 
 
 A EESOLUTION to encourage the employment of disabled and dis- 
 charged soldiers. 
 
 Preference in That persons honorably discharged from the military or 
 SF^'SffiSes to be ^^val scrvicc, by reason of disability resulting from wounds 
 ^ven to disabled or sickucss incurred in the line of duty, should be preferred 
 
 and^ discharged , 
 
 soldiers. i Continued for three years after the close of the rebellion by act of 
 
 March 2, 1867, chap. 145, post. 
 
71 
 
 for appointments to civil offices, provided they shall be 
 found to possess the business capacity necessary for the 
 proper discharge of the duties of such offices. 
 
 Sec. 2, That, in grateful recognition of the services, sac- General prefer- 
 rifices, and sufferings of persons honorably discharged from eS°® "°'""™*°'^" 
 the military and naval service of the country, by reason of 
 wounds, disease, or the expiration of terms oif enlistment, it 
 is respectfully recommended to bankers, merchants, manu- 
 facturers, mechanics, farmers, and persons engaged in in- 
 dustrial pursuits, to give them the preference for appoint- 
 ments to remunerative situation[s] and employments. 
 
 Chapter 24. — Approved April 5, 1866. — Vol. li,p. 12. 
 
 AN ACT more effectually to provide for the punishment of certain 
 crimes against the United States. 
 
 That if any person or persons shall falsely make, alter, Theforgins,&c.r 
 forge, or counterfeit, or cause or procure to be falsely made, Jil ''record'"' &? 
 altered^ forged, or counterfeited; or willingly aid or assist with intent to 
 in the false making, altering, forging, or counterfeiting any^^ft^fg^es.^'o? 
 bond, bid, proposal, guarantee, security, official bond, public -wjuingiy aiding 
 record, affidavit, or other writing for the purpose of defraud- tnowingiyntter^ 
 ing the United States; or shall utter or publish as true, OT^^^f^^^"^ ™o^ 
 cause to be uttered or published, as true, any such false, bon™, '&Tf made 
 forged, altered, or counterfeited bond, bid, proposal, ^^^\°^y;j^°'^'"'^ 
 guarantee, security, official bond, public record, affidavit, 
 or other writing, for the purpose of defrauding the United 
 States, knowing the same to be false, forged, altered, or coun- 
 terfeited ; or shall transmit to, or present at, or cause or pro- 
 cure to be transmitted to, or presented at, the office of any offi- 
 cer of the United States, any such false, forged, altered, or 
 counterfeited bond, bid, proposal, guarantee, security, official 
 bond, public record, affidavit, or other writing, knowing the 
 same to be false, forged, altered, or counterfeited, for the 
 purpose of defrauding the United States ; every such person 
 shall be deemed and adjudged guilty of felony, and being 
 thereof duly convicted, shall be sentenced to be imprisoned, 
 and kept at hard labor, for a period not exceeding ten years, 
 or be fined not exceeding one thousand dollars, or both of 
 said punishments, in the discretion of the court. 
 
 Sec. 2. That if any offence shall be committed in any psfences com- 
 place which has been, or shall hereafter be, ceded to, and ""^I'^o'^^^^tif. 
 under the jurisdiction of the United States, which offence is in the'^jirildio- 
 not prohibited, or thepunishment thereof is not specially pro- f ™tea,*''noV'tra'"- 
 vided for by any law of the United States, such offence hibited, and for 
 shall, upon conviction in any court of the United States ^ent'^ia^n^rspe- 
 having cognizance thereof, be liable to, and receive theciaiiy provided 
 same punishment as the laws of the State in which such i^S ^^states^ 
 place is or may be situated, now in force, provided for the iiOj^^^to ^^ p™- 
 like offence when committed within the jurisdiction of such 
 State ; and no subsequent repeal of any such State law shall 
 affect any prosecution for such offence in any of the courts 
 of the United States. 
 
72 
 Ohaptee 75. — Approved May 9, 1866. — Vol, 14, i*. 44. 
 
 AN ACT to extend tlie jurisdiction of the Court of Claims. / 
 
 Court of Claims That the Ooutt of Claims shall have jurisdiction to heap 
 termine ™ertdt ^-nd detei'ttiine the claim of any paymaster, quartermaster, 
 claims. commissary of subsistence, or other disbursing officer of the 
 
 United States, or of his administrators or executors, for 
 relief from responsibility on account of losses, by captum 
 or otherwise, while in the line of his duty, of Government 
 funds, vouchers, records, and papers in his charge, and f^ 
 which such officer was and is held responsible : Provide^, 
 Appeal. That an appeal may be taken to the Supreme Court, as in 
 
 other cases. ' 
 
 Decree and its Sbc. 2. That whenever said court shall have ascertain^ 
 the facts of any such loss to have been without fault or 
 neglect on the part of any such officer, it shall make a de- 
 cree, setting forth the amount thereof, upon which the 
 proper accounting officers of the Treasury shall allow tl) 
 such officer the amount so decreed, as a credit in the settle- 
 ment of his accounts. 
 
 eifect. 
 
 Chapter 122. — Approved June 14, 1806. — Vol. 14, p. 64. 
 
 AN ACT to regulate and secure the safe-keeping of public money in- 
 trusted to disbursing officers of the United States. 
 
 Disbursing of- That from and after the passage of this act it shall be the 
 pSo*" mTeysduty of evcry disbursing officer of the United States hav- 
 with the Treas-ing any public money intrusted to him for disbursement to 
 sutanureasnrer! dcposit the Same with the Treasurer or some one of the assist- 
 To draw only ant treasurers of the United States, and to dravr for the 
 as recLniied. game Only as it may be required for payments to be made 
 Transfers to be by him in pursuaucc of law;i and all transfers from the 
 by draft. Treasury of the United States to a disbursing officer shall 
 
 be by draft or warrant on the Treasury or an assistant 
 Where deposits treasurer of the (Jnited States: Provided, That in places 
 tbereisnoTreas^ where there is no treasurer nor assistant treasurer of the 
 nrer or assistant. United States, the Secretary of the Treasury may, when he 
 deems it essential to the public interest, specially authorize 
 in writing the deposit of such public money in any other 
 public depository, or, in writing, authorize the same to be 
 kept in any other manner, and under such rules and regu- 
 lations as he may deem most safe and effectual to facilitate 
 the payments to public creditors. 
 Depositing pub- Sec. 2. That if any disbursing officer of the United States 
 vertiSg?''or'"ioan- Shall dcposit any public money intrusted to him, in any 
 OT^' transfeTrSf' P^^^*' ^^ ^^ ^^^ manner, except as authorized by law, or 
 the same%xoept Shall convert to his own use in any way whatever, or shall 
 to b6™mbeS-^<'^°) ^**^ <"■ without interest, or shall for any purpose not 
 ment. prescribed by law withdraw from the Treasurer or any 
 
 assistant treasurer, or any authorized depository, or shall 
 for any purpose not prescribed by law transfer or apply any 
 
 ' See sec. 1, chap. 114, March 3, 1857, ante. 
 
73 
 
 portion of the pub'ic money intrusted to him, every such 
 act shall be deemed and adjudged an embezzlement of the 
 money so deposited, converted, used, loaned, withdrawn, 
 transferred, or applied, and every such act is hereby declared 
 a felony, and upon conviction thereof shall be punished by Pcuaity. 
 imprisonment for a term not less than one year nor more 
 than ten years, or by fine not more than the amount embez- 
 zled nor less than one thousand dollars, or by both such 
 fine and imprisonment, at the discretion of the court. 
 
 Sec. [3.] That if any banker, broker, or any person, not Knowingly re- 
 an authorized depositary of public moneys, shall knowingly aisbnrlin^fflrar 
 receive from any disbursing officer, or collector of internal o^^^ou^t""^^ any 
 revenue, or other agent of the United States, any public §epos»"OT^on°a 
 money on deposit or by way of loan or accommodation, with ^°^^ mone^fo? 
 or without interest, or otherwise than in payment of a debt anynnauthorized 
 against the United States ; or shall use, transfer, convert, Fn"m so'doLI' to 
 appropriate, or apply any portion of the public money for »e deemed em- 
 auy purpose not prescribed by law; or shall counsel, aid, or '''"^'^™™- 
 abet any disbursing officer or collector of internal revenue 
 or other agent of the United States in so doing, every such 
 act shall be deemed and adjudged an embezzlement of the 
 money so deposited, loaned, transferred, used, converted, 
 appropriated, or applied; and any president, cashier, teller, Punisiimmt of 
 director, or other officer of any bank or banking association fOT^vSatingThil 
 who shall violate any of the provisions of this act shall be^'^'^- 
 deemed and adjudged guilty of embezzlement of public 
 monej', and punished as provided in section two of this act. 
 
 Ohaptek 141. — Approved June 27, 1866.— Foi. 14,^. 75. 
 
 AN ACT making further provisions for the estahlishment of an armory 
 and arsenal of construction, deposit, and repair on Rook Island, in the 
 State of Illinois. 
 
 That the Secretary of War be, and is hereby, authorized position of raii- 
 and directed to change, fix, and establish the position of J°j^*j,5°™d*th6 
 the railroad across Kock Island and the bridge ^ across the bridge across the 
 Mississippi Eiver at and on the island of Eock Island, so as [Xd." ^^ *''*'" 
 best to accord with the purposes of the Government in its occu- 
 pancy of said island for military purposes ; and in order to permanent lo- 
 effect this he is authorized to grant to the railroad company of4™ ™'^ ""''* 
 a permanent location and right of way on and across Eock 
 Island, to be fixed and designated by him, with such quantity 
 of land, to be occupied and held by the company for rail- 
 road purposes, as may be necessary therefor; and that the 
 said grant and change be made on such terms and condi- Terms and con- 
 tions, previously arranged between the Secretary of War '^**'''°^- 
 and the companies and parties in interest, as will best effect 
 and secure the purposes of the Government in occupying 
 the island. 
 
 Sec. 2. That the Secretary of War be, and is hereby, Pecuniary and 
 authorized to grant to the companies and parties in interest ^^^^ ''^'^ *° ^^ 
 such other aid, pecuniary or otherwise, toward effecting the 
 
 'See sec. 1, chap. 170, March 2, 1867, post, as to the railroad-hridge, 
 and joint resolution No. 60, July 20, 1868, post. 
 
74 
 
 change in the present location of their road and bridge and 
 
 Tvagon-road. establishing thereon a wagon-road for the use of the Gov- 
 ernment of the United States to connect said island -with 
 the cities of Davenport and Eock Island, to be so con- 
 structed as not materially to interfere with, obstruct, or 
 impair the navigation of the Mississippi Eiver, as may be 
 adjudged to be fair and equitable by the board of commis- 
 sioners authorized under the act of April nineteenth, eight- 
 een hundred and sixty-four, entitled " An act in addition to 
 an act for the establishment of certain arsenals," and may 
 be approved by him. 
 
 Small islands Sbo. 3. That the provisions of the act, approved April 
 ^fflf'*" ^""nineteenth, eighteen hundred and sixty-four, entitled "An 
 act in addition to an act for the establishment of certain 
 arsenals," be so extended as to include the small islands 
 contiguous to Eo(;k Island, and known as Benham's, Wil- 
 son's, and Winnebago Islands. 
 
 Appropriations. Sec. 4. That the following sums be, and they are hereby, 
 appropriated, out of any money in the Treasury not other- 
 wise appropriated, for Eock Island arsenal, to be applied as 
 follows, viz: 
 
 For daims for To liquidate claims for property in Benham's, Wilson's, 
 tor mmtary' Fi° ^^^ Winucbago Islauds, and for property in Eock Island 
 poBes. which has been taken, in pursuance of law, for military pur- 
 
 poses, two hundred and ninety-three thousand six hundred 
 dollars, or so much thereof, and no more, as may be neces- 
 sary to pay the respective claimants such amounts as may 
 be reported by the board of commissioners authorized by the 
 act of April nineteenth, eighteen hundred and sixty-four, 
 and ordered by the United States circuit court to be paid 
 to each. 
 
 Water-power. To sccure watcr-powcr at the head of Eock Island, one 
 
 hundred thousand dollars.^ 
 store-honaes.&c. To crect storc-houses for the preservation of arms and 
 other munitions of war, and to establish communication 
 between Eock Island arsenal and the cities of Davenport, 
 Iowa, and Eock Island, Illinois, one hundred thousand 
 dollars. 
 
 Chapter 176.— Ap^jroved July 13, 1868.— Foi. 14:,p. 93. 
 
 AN ACT making appropriationa for the support of the Army for the 
 year ending thirtieth of June, eighteeu hundred and sixty-seven, and 
 for other purposes. 
 
 Soldiers em- Sbo. 7. That wheu it is necessary to employ soldiers as 
 fS OT laborers artificers or laborers in the construction of permanent mil- 
 lf°not'S'*'th°n^*''''^'^ works, pubUc roads, or other constant labor of not less 
 ten"dayrfn any than tcu days' duratiou in any case, they shall receive, in 
 case^ to have ex- addition to their regular pay, the following additional com- 
 pensation therefor : enlisted men, working as artificers, and 
 non-commissioned oflQcers, employed as overseers of such 
 work, not exceeding one overseer for every twenty men, 
 thirty-five cents per day, and enlisted men, employed as 
 laborers, twenty cents per day ; but such working-parties 
 
 1 See joint resolution No. 54, March 2, 1867, post. 
 
75 
 
 shall only be authorized on the written order of a command- ■^gerPlnd'j^S; 
 ing officer. This allowance of extra pay is not to apply toimce^ Depart- 
 the troops of the Engineer and Ordnance Departments. ^toTay.*"^*"^ 
 
 Chapter 299.— Approved July 28, 1866.— Vol. U,p. 332. 
 
 AN ACT to increase and fix the military peace establishment of the 
 United States. 
 
 Sbo. 21. That the Ordnance Department of the Army ^^^^^'^^ ^o- 
 shall consist of the same number of officers and enlisted ''^ '"^" ' 
 men as now authorized by law, and the officers shall be of 
 the following grades, Viz: one brigadier-general, three 
 colonels, four lieutenant-colonels, ten majors, twenty cap- 
 tains, sixteen first lieutenants, and ten second lieutenants, 
 with the same pay and emoluments as now provided by law ; 
 and thirteen ordnance store-keepers, of whom a number not 
 exceeding six may be appointed and authorized to act as 
 paymasters at armories and arsenals. The ordnance store- store-teeper 
 keeper and paymaster at the national armory at Springfield Iprj^g^S^'™** 
 shall have the rank, pay, and emoluments of a major of cav- 
 alry, and all other of dnance store-keepers shall have the rank, other store- 
 pay, and emoluments of captains of cavalry,^ and two-thirds ^'^^^era. 
 of the military store-keepers and ordnance store-keepers 
 to be appointed under this and the fourteenth section of this 
 act, shall be selected from volunteer officers or soldiers who 
 have performed meritorious service in the Army of the United 
 States during the late rebellion. 
 
 Sec. 23. That the Adjutant-General, Quartermaster-G-en- Appointment of 
 eral. Commissary- General of Subsistance, Surgeon-General, ^'i''ana°]aeaa™of 
 Paymaster-General, Chief of Engineers, and Chief of Ord- departments. 
 nance shall hereafter be appointed by selection from the 
 corps to which they belong, and no person shall be appointed 
 to any vacancy created by this act in the Pay, Medical, 
 or Quartermaster's Departments until he shall have passed 
 the examination now required by law. 
 
 Sec. 27. That whenever troops are serving at any post, schools for en- 
 garrison, or permanent camp, there shall be established a listed men »* 
 school where all enlisted men may be provided with instruc- 1"! ^' ^''™^°°°' 
 tion in the comition English branches of education, and what to he 
 especially in the history of the United States ; and the Sec- ta»gM. 
 retary of War is authorized to detail such commissioned 
 officers and enlisted men as may be necessary to carry out 
 the provisions of this section ; and it shall be the duty of Building for 
 the post or garrison commander to cause to be set apart a,^"^'"''^ and"reii- 
 
 •j. 1 1 1 •! T ,• 11 T 1- ■ gious purposes. 
 
 suitable room or building for school- and religious purposes. 
 
 Chapter 14.5.— Approved March 2, 1867.— Vol. li, p. 423. 
 
 AN ACT to provide for a temporary increase of the pay of officers in 
 the Army of the United States, and for other purposes. 
 
 Sec. 2. That section one of the act entitled "An act to increased pay 
 increase the pay of soldiers in the United States Army, and sfoned°officCT? & 
 1 See sec. 7, act ilarch 2, 1867, chap. 145. 
 
76 
 
 soldiers to be con- for Other purposes,^ approved June twenty, eighteen hun- 
 ye'Ss'from, fe™" dred and sixty-four,^ be, and the same is hereby, continued 
 in full force and effect for three years from and after the 
 close of the rebellion, as announced by the President of the 
 United States by proclamation, bearing date the twentieth 
 day of August, eighteen hundred and sixty-six. 
 Rank, pay, &o., Sbc. 7. That (excepting the ordnance store-keeper and 
 of theTmyfex^ paymaster at the Springfield armory, who has the rank, 
 cept, &o. ' pay, and allowances of a major of cavalry) all store-keepers 
 of the Army shall hereafter have the rank, pay, and allow- 
 ances of captains of cavalry. 
 
 ChAptek 167. — Approved March 2, 1807.— Foi. 14, p. 457. 
 
 AN ACT making appropriations for sundry civil expenses of the Gov- 
 ernment for the year ending June thirtieth, eighteen hundred and 
 sixty-eight, and for other purposes. 
 
 Payof cierksat Sec. 12. That the Secretary of War is herebv authorized, 
 
 Springfield Arm- ._--. . . ■'- ._-__ .1 
 
 ory increased, at his discretiou, to increase the pay of the clerks of the 
 United States armory at Springfield, Massachusetts, to 
 twelve hundred dollars per annum, instead of eight hun- 
 dred dollars, as now fixed by law. 
 
 Chaptek 169. — Approved March 2, 1867.— Foi. 14, j). 471. 
 
 AN ACT to amend existing laws relating to internal revenue, and for 
 other purposes. 
 
 Penalty for con- Sec. 30. That if two or more persons conspire either to 
 mit™ly*offen?e Commit any offence against the laws of the United States, 
 against tiie laws or to defraud the United States in any manner whatever, 
 
 of the United , ^ ■ i i- ^ • •■ ■ , ,, n 
 
 States, or to de- and One Or more ot said parties to said conspiracy shall do 
 statea!&^anypar*^°y ^^t to cffcct the objcct thereof, the parties to said con- 
 ty to the oonspir- spiracy Shall be deemed guilty of a misdemeanor, and on 
 il?p™ano6a'!^d conviction thereof shall be liable to a penalty of not less 
 in aid thereof, than One thousand dollars and not more than ten thousand 
 dollars, and to impriso[n]ment not exceeding two years. 
 Where offence And when any offence shall be begun in one judicial district 
 be committed. *" of the United States and completed in another, every such 
 offence shall be deemed to have been committed in either 
 of the said districts, and may be dealt with, inquired of, 
 tried, determined, and punished in either of the said dis- 
 tricts, in the same manner as if it had been actually and 
 wholly committed therein. 
 
 Chapter 170.— Approved March 2, 1867.— Foi. 14, p. 485, 
 
 AN ACT making appropriations for the support of the Army for the year 
 ending June thirtieth, eighteen hundred and sixty-eight, and for other 
 purposes. 
 
 Sec. 1. For repairs and improvements of armories and 
 arsenals: 
 Eock Island. Por arscilal and armory at Eock Island, Illinois, six hun- 
 dred and eighty-six thousand five hundred dollars. 
 1 Chap. 145 of 1864, post. 
 
77 
 
 For the erection of a bridge at Eock Island, Illinois, as Bridge at Rock 
 recommended by the Chief of Ordnance,' two hundred thou- ^^i™"!- 
 sand dollars: Provided, That the ownership of said bridge Proviso. 
 shall be and remain in the United States; and the Eock 
 Island and Pacific Eailroad Oompany shall have the right 
 of way over said bridge for all purposes of transit across 
 the island and river, upon the condition that the said com- 
 pany shall, before any money is expended by the Govern- 
 ment, agree to pay, and shall secure to the United States, 
 first, half the cost of said bridge; and, second, half the 
 expenses of keeping said bridge^ in repair; and, upon 
 guaranteeing said conditions to the satisfaction of the Sec- 
 retary of War, by contract or otherwise, the said company 
 shall have the free use of said bridge for purposes of transit, 
 but without any claim to ownership thereof. 
 
 Chapter 193. — Approved March '2, 1867. — Vol. 14, p. 557. 
 AN ACT to define and punish certain crimes therein named. 
 
 That if any person shall rob another of any kind or de- EoUbery and 
 scription of personal property belonging to the United JgYed.'"''^ '""~ 
 States, or shall feloniously take and carry away the same, 
 the person so offending shall, on conviction, be punished 
 by fine not exceeding five thousand dollars, or by impris- 
 onment at hard labor not less than one nor more than ten 
 years, or by both, at the discretion of the court. 
 
 Eesolution No. 46. — Approved March 2, 1867.— Vol. 14, 
 
 p. 571. 
 
 JOINT RESOLUTION prohibiting payment by any officer of the Gov- 
 ernment to any person not known to have been opposed to the rebel- 
 lion and in favor of its suppression. 
 
 That until otherwise ordered it shall be unlawful for any Payment by 
 ofiacer of the United States Government to pay any account, offlwf toln™OT- 
 claim, or demand against said Government, which accrued or son not known to 
 existed prior to the thirteenth day of April, anno Domini pS to \he re- 
 eighteen hundred and sixty-one, in favor of any person who^«"^™' ^o-. p™- 
 promoted, encouraged, or in any manner sustained the late 
 rebellion; or in favor of any person who, during said rebel- 
 lion, was not known to be opposed thereto and distinctly 
 in favor of its suppression; and no pardon heretofore 
 granted, or hereafter to be granted, shall authorize the 
 payment of such account, claim, or demand until this reso- 
 lution is modified or repealed : Provided, That this resolu- Proviso. 
 tion shall not be construed to prohibit the payment of 
 claims founded upon contracts made by any of the Depart- 
 
 'See joint resolution No. 60, July 20, 1868, post; and joint resolution 
 No. 29, March 25, 1870, post. 
 
 '^The superstructure of the bridge over the main channel by joint 
 resolution No. 60, July 20, 1868, post. 
 
78 
 
 ments, where such claims were assigned, or contracted to 
 be assigned, prior to April first, eighteen hundred and 
 sixty-one, to creditors of said contractors, loyal citizens of 
 loyal States, in payment of debts incurred prior to March 
 first, eighteen hundred and sixty-one. 
 
 Ebsolution No. 48. — Approved MarcJi 2, 1867. — Vol. 14, p, 
 
 571. 
 
 A RESOLUTION to facilitate the settlement of accounts of disbursing 
 
 officers. 
 
 Kepeai of part That SO much of the act entitled "An act^ to provide for 
 
 ofi862, cimp.199 ^j^^ more prompt settlement of the accounts of disbursing 
 
 officers," approved July seventeen, eighteen hundred and 
 
 sixty-two, as provides that " such accounts, with the vouchers 
 
 necessary to the correct and prompt settlement thereof, 
 
 shall be rendered direct to the proper accounting officers 
 
 and ToaoherTof of the Trcasury," be, and the same is hereby, repealed; and 
 
 cers^re ^to "be ^'^ ^"''^ accouuts and vouchers shall hereafter be sent to 
 
 selt.^^ ° "the Bureau to which they pertain, and, after examination 
 
 there, shall be passed to the proper accounting officer of 
 
 the Treasury for settlement. 
 
 Ebsolution No. 54. — Approved March, 2, 1867. — Vol. 14, p. 
 
 573. 
 
 JOINT RESOLUTION to enable the Secretary of War to carry out an 
 agreement in relation to water-power for the arsenal at Rock'island. 
 
 fo^^iTenarit '^^** *t® Secretary of War be, and he is hereby, authorized 
 Eock Island. and empowered to carry into effect the recommendations of 
 the commissioners appointed under the acts of April nine- 
 1864, chap. 60. tccu, eighteen hundred and sixty -four, and June twenty- 
 seven, eighteen hundred and sixty-six, relative to the Mo- 
 line Water Company and the water-power at Rock Island, 
 Illinois, as contained in the report of said commissioners, 
 and to make application for that purpose of the money here- 
 tofore appropriated' for securing water-power at the head 
 of Eock Island. 
 
 Ebsolution No. 55.— Approved March 2, 1867.— Vb?. 14, 
 
 p. 573. 
 
 A RESOLUTION to provide for the exchange of certain public docn- 
 
 meutfi. 
 
 cenYin^plbiic '^^^^ ^^*y "^P^^® "^ ^^^ documents hereafter piinted by 
 documents. Order of either House of Congress, and fifty copies additioaal 
 of all documents printed in excess of the usual number, to- 
 gether with fifty copies of each publication issued by aiy 
 
 ' Chap. 199, July 17, 1862, ante. 
 
79 
 
 Department or Bureau of the Government, be placed at the 
 disposal of the Joint Committee on the Library, who shall 
 exchange the same, through the agency of the Smithsonian 
 Institution, for such works published in foreign countries, 
 and especially by foreign governments, as may be deemed 
 by said committee an equivalent; said works to be depos- 
 ited in the Library of Congress. 
 
 Eesolution No. 22. — Ap])roved March 29, 1867. — Vol. 15, 
 
 p. 25. 
 
 JOINT EESOLUTION authorizing the Second Auditor to settle the 
 accounts of officers of the Army in certain cases. 
 
 • 
 
 That the Second Auditor be, and is hereby, authorized second Auditor 
 and instructed to audit and settle the accounts of line ofl&cers tie The 'account a 
 of the Army to the extent of their pay for their services as il^'^Tr "^"^'^^ 9f 
 such, due them from the United States, in all cases where cases whJre.'&c. 
 such Auditor shall be satisfied by affidavit of such line officer 
 or otherwise, of their inability to make their monthly report 
 or returns by reason of their having been prisoners in the 
 hands of the enemy, or any accident or casualty of war, they 
 have been unable to account for property in their possession. 
 
 Ckavteu 8.— Approved February 12, 1868. — Vol. 15, 2>. 36. 
 
 AN ACT malslng appropriations to supply deficiencies in the appropria- 
 tions for the execution of the reconstruction laws, and for the service 
 of the Quartermaster's Department of the Government, for the fiscal 
 year ending J une thirty, eighteen hundred and sixty-eight, and for 
 other purposes. 
 
 Seo. 2. That so much of the first section of the act of Transfers of ap- 
 March third, eighteen hundred and nine, entitled "An act f^X'" dXr™i 
 further to amend the several acts for the establishment and branches of any 
 regulation of the Treasury, War, and Navy Departments," hib??eT"°' ^™' 
 as authorizes the President, on the application of the Secre- 
 tary of any Department, to transfer the moneys appropriated 
 for a particular branch of that Department to another branch 
 of expenditure in the same Department, be, and the same is 
 hereby, repealed ; and all acts or parts of acts authorizing 
 such transfers of appropriations be, and the same are hereby, 
 repealed, and no money appropriated for one purpose shall 
 hereafter be used for any other purpose than that for which 
 it is appropriated. 
 
 Chapter 36.— Approved March 30, 1868.— Vol. 15, p. 54. 
 
 AN ACT to amend an act entitled "An act to provide for the prompt isiT, chap. 45, 
 settlement of public accounts," approved March three, eighteen hun- vol. 3, p. 366. 
 dred and seventeeu. 
 
 That the act of March three, eighteen hundred and seven- Heads of De- 
 teen, entitled "An act to provide for the prompt settlement P''„''aY;;'"v,Xnce8 
 of public accounts," shall not be construed to authorize certiiied to them 
 
 ' by, &c. 
 
 ' Sec. 4, chap. 141, June 27, 1366, ante. 
 
80 
 
 the heads of Departments to change or modify the balances 
 that may be certified to them by the Oommissioner of Customs 
 or the Comptroller of the Treasury, but that such balances, 
 when stated by the Auditor and properly certified by the 
 Comptroller, as provided by that act, shall be taken and con- 
 sidered as final and conclusive upon the executive branch 
 of the Government, and be subject to revision only by Con- 
 gress or the proper courts : Provided, That the head of the 
 proper Department, before signing a warrant for any balance 
 certified to him by a Comptroller, may submit to such Comp- 
 troller any facts in his judgment afiPecting the correctness of 
 such balance, but the decision of the Comptroller thereon 
 shall be final and conclusive, as hereinbefore provided. 
 
 Chapter 52. — Approved June 8, 1868. — Vol. 15, p. 66. ' 
 
 AN ACT making appropriations for the support of the Army for the year 
 ending June thirtieth, eighteen hundred and sixty-nine, and for other 
 purposes. 
 
 For the ordnance service, required to defray the current 
 expenses at the arsenals of receiving stores and issuing arms 
 and other ordnance supplies ; of police and office duties ; of 
 rents, tolls, fuel, and lights ; of stationery and office furni- 
 ture ; of tools and instruments for use ; of public animals, 
 forage, and vehicles ; incidental expenses of the ordnance 
 service, including those attending practical trials and tests 
 of ordnance, small-arms, and other ordnance supplies, &e. : 
 No part to pay Provided,^ That no money appropriated by this act shall he 
 
 lor new cannon jj.j? ./xii. ./ 
 
 or smau-arms. uscd to pay for any new cannon or small-arms. 
 
 Chapter 71. — Approved June 25, 1868. — Vol. 15, p. 75. 
 
 AN ACT to provide for appeals from the Court of Claims, and for other 
 
 purposes. 
 
 Attomey-Gen- Sec. 6. That it shall also be the duty of the said Attorney- 
 Sita ^n* olrtSn General and his assistants, in all cases brought against the 
 T^ited^states*^ United States in said Court of Claims founded upon any con- 
 conrt of ciaim^ tract, agreement, or transaction with any executive Depart- 
 meS,"&?°^*^ ment, or any Bureau, officer, or agent of such Department, 
 or where the matter or thing on which the claim is based 
 shall have been passed upon and decided by any Department, 
 Bureau, or officer intrusted by law or Department regula- 
 tions with the settlement and adjustment of such claims, 
 B^eaos'^ &'^'^ to ^^°^^°^®' ^^ accouuts, to transmit to said Department, 
 fanSXstateii'nt Bureau, or officer, as aforesaid, a printed copy of the petition 
 tomey^GinfraL*" ^^^^ ^^ *'^^ Claimant in such case, with a request that the 
 said Department, Bureau, or officer to whom the same shall 
 be so transmitted as aforesaid, will furnish to said Attorney- 
 General all facts, circumstances, and evidence touching said 
 
 > This proviso was re-enacted in 1869 and 1870, precluding the pur- 
 chase of cannon for the forts. 
 
81 
 
 claim as is or iiuvy be in the possession or knowledge of the 
 said Department, Bureitu, or officer; and it shall be the duty statement to 
 of the said Department, Bureau, or officer to whom such ''"°*'''° '''"'*• 
 petition may be transmitted and such request preferred as 
 aforesaid, without delay, and within a reasonable time, to 
 furnish said Attorney-General with a full statement of all 
 the facts, information, and proofs which are or may be within 
 the iaiowledge or in the possession of said- Department, 
 Bureau, or officer, relating to the claim aforesaid. Such 
 statement shall also contain a reference to or description ofnieuti''Vnd''T- 
 all official documents or papers, if anj^, as may or do furnish pera" '' '"" '"' 
 proof of facts referred to in said statement, or that may be 
 necessary and proper for the defence of the United States 
 against the said claiu], together with the Department, office, 
 or place where the same is kept or may be procured. And 
 if the said claim shall have been passed upon and decided Decision ofDe- 
 by the said Department, Bureau, or officer, the statement or P''"'ti"™ts, &c. 
 answer to be transmitted to said Attorney-General, as here- 
 inbefore provided, shall succintly state the reasons aad prin- 
 ples upon which such decision shall have been based. In 
 all cases where such decision shall have been made upon if upon acts ot 
 any act of Congress, or upon any section or clause of such congress. 
 act, the same shall be cited specifically. And if any previous 
 interpretation or construction shall have been given to such 
 act, section, or clause, by the said Department or Bureau 
 transmitting such statement, the same shall be set forth 
 succintly in said statement, and a copy of the opinion filed, 
 if any, shall be annexed to such statement and transmitted 
 with the same to the Attorney-General aforesaid. And 
 where any decision in the case shall have been based upon "Ppon reguia- 
 any regulation of an Executive Department, or where such tireDepartmen". 
 regulation shall or may, in the opinion of the Department, 
 Bureau, or officer transmitting such statement, have any 
 bearing upon the claim in suit, the same shall be distinctly 
 refeirred to and quoted in extenso in the statement trans- 
 mitted to said Attorney-General: Provided, however, That One statement 
 where there shall be pending in said court more than one c?ass'of case" 
 case, or a class of cases, the defence to which shall rest upon 
 the same facts, circumstances, and proofs, the said Depart- 
 ment, Bureau, or officer shall only be required to certify and 
 transmit one statement of the same, and such statement 
 shall be held to apply to all such classes of cases as if made 
 out, certified, and transmitted in each case respectively. 
 Sec. 7. That it shall and may be lawful for the head of Heads of De- 
 
 t:i ..-rx ^ ., 1-- 3 partments in cer- 
 
 any Executive Department, whenever any claim is made tain cases may 
 upon said Department involving disputed facts or contro- |^°^jj^^'^™j;j.j''^'j;j 
 verted questions of law, where the amount in controversy claims, to be pro- 
 exceeds three thousand dollars, or where the decision will thoughorigi^aiV 
 affect a class of cases or furnish a precedent for the future voluntarily oom- 
 action of any Executive Department in the adjustment of a S^^lut?''^'''' ''■^ 
 class of cases, without regard to the amount involved in the 
 particular case, or where any authority, right, privilege, or 
 exemption is claimed or denied under the Constitution of 
 the United States, to cause such claim, with all the vouch- 
 ers, papers, proofs, and documents pertaining thereto, to be 
 transmitted to the Court of Claims, and the same shall be 
 
 60L 
 
82 
 
 there proceeded in as if originally couimeuced by the vol- 
 Secretary of the untary action of the claimant. And the Secretary of the 
 ?e'^^r°Moo™ts^ Treasury may, upon the certificate of any Auditor or Oomp- 
 ciaim*? to^tiM^*^*'^^^'^ of the Treasury, direct any account, matter, or claim 
 ^aims or ii , ^^ ^^^ character, amount, or class described or limited ia 
 this section to be transmitted, with all the vouchers, papers, 
 documents, and proofs pertaining thereto, to the said Court 
 of Claims, for trial and adjudication: Provided, however, 
 Cases only to That uo casc Shall be referred by any head of a Department 
 whioh^tho^ court unless it bclougs to ouc of the several classes of cases to 
 wouidhave juris- -which, by rcasou of the subject-matter and character, the 
 menced by claim- said Court of Claims might, under existing laws, take juris- 
 *■"■ diction on such voluntary action of the claimant. A.nd all 
 
 the cases mentioned in this section which shall be trans- 
 mitted by the head of any Executive Department, or upon 
 the certificate of any Auditor or Comptroller, shall be pro- 
 Prooeedings in cccdcd in as other cases pending in said court, and shall, 
 these cases. ^^ ^^i respects, be subject to the same rules and regulations; 
 and appeals from the final judgments or decrees of said 
 court therein to the Supreme Court of the United States 
 shall be allowed in the manner now provided by law. The 
 Knaijadgments amount of the final judgments or decrees in such cases so 
 a^ddecraes 1"" transmitted to said court, where rendered in favor of the 
 claimants, shall iu all cases be paid out of any specific 
 appropriation applicable to the same, if any such there he; 
 and where no such approi)riation exists, the same shall be 
 paid in the same manner as other judgments of said court. 
 
 Chapter 72. — Approved June 25, 1868. — Vol. 15, p. 77. 
 
 AN ACT constituting eight hours a day's work for all laborers, work- 
 meu, and n-echanics employed by or ou behalf of the Government of 
 the United States. 
 
 Eiphthonrsto That eight hours shall constitute a day's work* for all 
 wOTkfo"'mecimn^lf*borers, workmcu, and mechanics now employed, or who 
 e?n'iKd"b'''the™'^'^ ^® hereafter employed, by or on behalf of the Gov- 
 Tjnited states'! crument of the United States ; and that all acts and parts 
 feST'""""™ of acts inconsistent with this act be, and the same are 
 hereby, repealed. 
 
 *A PnOCLAMATION. 
 
 Whereas the act of Congress, approved June twenty-fifth, eighteen 
 hundred and sixty-eight, coustituled on and after that date eight hoim 
 a day's work for all laborers, workmen, and mechanics employed by or 
 on behalf ot the Government of the United States, and repealed all ads 
 and parts of acts inconsistent therewith : 
 
 Now, therefore, I, Ulysses S. Grant, President of the United States, do 
 hereby direct that, from and after this date, no reduction shall be made 
 in the wages paid by the Government by tho day to such laborers, worlc- 
 men, and mechamos, on account of such reduction of the hours of labor. 
 
 In testinmuy whereof I have hereto set my baud and caused the seal 
 of the Uuited States to be affixed. 
 
 Done at the city of Washington, this nineteenth day of May, in tho 
 
 year of our Lord one thousand eight hundred and si.^ty-nine, and of the 
 
 Independence of the United Status the ninety-third 
 
 [,'■• f,-] T, • 1 * ■ U. S. GRANT. 
 
 By the President : 
 
 Hamilton Fisn, Secretary of State. 
 
83 
 Chapter 227.— Approved July 23, 186S.— Vol. W, p. 168. 
 
 AN ACT to authorize the temporary supplying of vacancies in the 
 Executive Departments. 
 
 That iu case of the death, resignation, absence, or sick- in case of the 
 ness of the head of any Executive Department of the Gov- Icf of^heSrof 
 •eminent, the first or sole assistant thereof shall,. unless other- any Executive 
 wise directed by the President of the United States, as is topOTfomdiltles" 
 hereinafter provided, perform the duties of such head until 
 a successor be appointed, or such absence or sickness shall 
 cease. 
 
 Seo. 2. That in case of the death, resignation, absence, or of chief of bu- 
 sickness of the chief of any Bureau, or of any officer thereof, ™"' ^'^- "'^'^vK 
 except Commissioner of Patents, whose appointment is not 
 in the head of any Executive Department, the deputy of 
 such chief or of such officer, or if there be no deputy, then 
 the chief clerk of such Bureau, shall, unless otherwise di- 
 rected by the President of the United States, as is herein- 
 after provided, perform the duties of such chief or of such 
 officer until a successor be appointed or such absence or No appointment 
 sickness shall cease. And no appointment, designation, or^'fli5"a''?aoanoy 
 assignment otherwise than as is herein provided, in the happening dnr- 
 cases mentioned in the first, second, and third sections of sJinata"'^^^'* ' ° 
 this act, shall be made except to fill a vacancy happening 
 during the recess of the Senate. 
 
 Sec. 3. That iu any of the cases hereinbefore mentioned Head of other 
 it shall be lawful for the President of the United States, in paXeL™ &c.'. 
 his discretion, to authorize and direct the head of any other 'nay be directed 
 Executive Department or other oflicer in either of those '°^^'''°'™ ''"*"''• 
 Departments whose appointment is, by and with the advice 
 and consent of the Senate, vested in the President, to per- 
 ibrm the duties of the office vacant as aforesaid until a suc- 
 cessor be appointed, or the sickness or absence of the in- 
 (iumbent shall cease: Provided, That nothing in this act But for not 
 shall authorize the supplying as aforesaid a vacancy for a "j,y^ ^*5'"'° *™ 
 longer period than ten days when such vacancy shall be 
 occasioned by death or resignation, and the officer so per- 
 forming the duties of the office temporarily vacant shall not 
 be entitled to extra compensation therefor: And provided 
 also. That in case of the death, resignation, absence, or commisaioner 
 sickness of the Commissioner of Patents, the duties of said "^ 1''''™*^. 
 Commissioner, until a successor be appointed or such ab- 
 sence or sickness shall cease, shall devolve upon the 
 cxaminer-in-chief in said office oldest in length of commis- 
 sion. 
 
 Sec. 4. That all acts heretofore passed on the subject of Ecpo.ii of in- 
 temporarily supplying vacancies in the Executive depart- ™""''™"'"^^- 
 nients, or which empower the President to authorize any 
 })erson or persons to perform the duties of the head of any 
 Executive Department, or of any officer in either of the 
 Departments, in case of a vacancy therein or inability of 
 such head of a Dejiartment or officer to discharge the duties 
 of his office, and ail laws inconsistent with the provisions 
 of this act, be, and the same are hereby, repealed. 
 
84 
 Chapter 233.^Approved July 25, 1808.— FoZ. 15, j>. 171. 
 
 AN ACT makinor appropriations and to supply deficiencies in the appro- 
 priations for the service of the Government for the fiscal year ending 
 June thirtieth, eighteen hundred and sixty-eight, and for other pur- 
 poses. 
 
 m contract to Sbc. 3. That hereafter uo contract shall be entered into 
 5uisUo''''improvJ-for the erection, repair, or furnishing of any public build- 
 ™™t8, &o.,^^forii]g^ or for any public improvement whatever, which shall 
 a"propriatea. ™biu(i the Government to pay a larger sum of money than 
 the amount in the Treasury appropriated for the specific 
 purpose. And if any officer of the Government shall know- 
 ingly contract for the erection, repair, or furnishing of any 
 public building, or for any public improvement which shall 
 bind the Government to pay a larger amount than the 
 specific sum appropriated for such purpose, such ofScer 
 shall be deemed guilty of a misdemeanor, and, upon con- 
 viction thereof by a court of competent jurisdiction, shall 
 Penalty. bc punishcd by imprisonment not less than six months nor 
 more than two years, and shall pay a fine of two thousand 
 dollars.' 
 
 Chapter 2i3.— Approved July 25, 1868.— ybZ./15,j(j. 187. 
 
 AN ACT providing for the sale of the arsenal grounds at Saint Louis 
 and Liberty, Missouri, and for other purposes. 
 
 'Arsenals at That the Secretary of War be, and is hereby, authorized 
 liberty ."Miswni- to Sell, at such time and in such manner as he may deem 
 "^ro ert*^ ma^be ™°®'' advantageous to the interests of the Govern meat, sub- 
 projier y, may ^jg^j. ^q ^t^q provisioQS hereinafter contained, the following 
 military reservations and public property, namely: 
 
 The ground now occupied by the Saint Louis arsenal, in 
 the city of Saint Louis, Missouri, except the westernmost 
 six acres thereof, and that occupied by the United States 
 arsenal situated at Liberty, Missouri, together with such 
 buildings, machinery, and other property appertaining 
 thereto as cannot be advantageously employed in the con- 
 struction or improvement of other arsenals or military posts, 
 sronnd occu- Sec. 2. Tb^t the ground occupied by the Saint Louis 
 Tonis^^arslina!! arsenal, except* the westernmost six acres thereof, shall be 
 
 afS*dtnto lo^i*^'^^'^^^*^ ^'^'■^ ^^^'^''^^ ^^^ ^^^^ of convenient size for building 
 and sola" t ano° purposes, with public streets, conforming, as near as may 
 Won. be without detriment to the interest of the Government in 
 
 the sale, to the public streets of the city of Saint Louis ad- 
 joining said grounds ; a plat of this division, made in accord- 
 ance with the laws of the State of Missouri, shall be filed 
 with the proper offlcer in the city of Saint Louis; and the 
 said lots shall be sold separately, at public auction, to the 
 highest bidder, after thirty days' notice by advertisement in 
 at least three daily papers in the city of Saiut Louis; pay- 
 Mode of payment to be made one-third in cash, the remainder in one and 
 
 ment. 
 
 ' See sec. 7, chap. 251, July 12, 1870, pout. 
 
 = See joint res. No. 10,5, .July 11, 1870, for cilher portions reserved irom 
 sale for Army purposes. 
 
85 
 
 two years, with six per cent, interest iier annum, secured 
 by deed of trust on the lots sold. The stone wall surround- stone waii.how 
 ing said arsenal shall be sold in sections not exceeding one *° ^^ ^''^^' 
 hundred feet in length. 
 
 Sec. 3. That the westernmost sis acres^ of the tract of westemmoat 
 ground occupied by the said Saint Louis arsenal is hereby Ji'^StySlnt 
 granted to the city of Saint Louis, to be by it held as a pub- -'"^"g'jjj^' " p"^"" 
 lie ground forever, open to the use of the public as a place ^™"'' ' 
 of public resort, and for no other use whatever, and without 
 any power in said city to make any disposition of the same, 
 or any part thereof, for any private use whatever : Provided, Proviso. 
 however, That this grant is upon the express condition that 
 the said city or the association formed and now existing in 
 the State of Missouri for the purpose of erecting a monu- Monument to 
 nient to the memory of the late Brigadier-General Nathaniel p^"^™", ^^.1° *" 
 Lyon, shall, within three years after the passage of this act,^ on in three years. 
 complete the erection upon the said six acres of such a monu- 
 ment upon a plan and of a character to be approved by the 
 President of the United States; in default whereof this 
 grant shall be null and void. 
 
 Sec. 4. That the grounds occupied by the Liberty arsenal Grounds of liu- 
 shall be sold at public auction, after due notice by public ^e'Joia^atauctio?. 
 advertisement of the time and place of said sale, in such 
 parcels, blocks, and lots as may be deemed most advanta- 
 geous to tlie interest of the Government, by the Secretary' 
 of War, upon the terms and conditions as to payment speci- 
 fied in the previous section. 
 
 Sec. 5. That all proceeds of the sale of all propertj- pro- Proceeds of 
 vided for in this act shall be paid into the Treasury of the^*^^^- 
 United States: Provided, That the machinery, ordnance Machinery, &c., 
 stores, and arms that the Government. desires to reserve gt^ed.*"^' *" ''" 
 from sale, shall be stored at any arsenal now established or 
 to be established by law. 
 
 Ebsolution No. 11. — Approved February 21, 18G8. — Vol. 
 
 15, p. 217. 
 
 JOINT RESOLUTION for reducing the expenses of the War Department, 
 and for other purposes. 
 
 That the Secretary of War be, and he is hereby, author- Expenses of 
 ized and directed to^ take immediate measures for the re- D™artment ^tt 
 duction of the expenses of the Army and of the War De- ^ew York be re- 
 partment at and in the vicinity of New York City at as "'"""'■ ™'* '"'"'■ 
 early a day as practicable, by concentrating the business of 
 the Quartermaster, Commissary, Clothing, Ordnance, and 
 Medical Bureaus, and recruiting service in said city, and 
 that for this purpose there shall be hired and used at some 
 convenient and proper point in said city one suitable build- 
 ing in which shall be accommodated all the offices connected 
 ■with and required for the transaction of such' public busi- 
 nesss, at a cost to the Government nob exceeding twenty- 
 five thousand dollars per annum ; and also a suitable build- Buildings for 
 
 ' omces, storage, 
 
 ' The six acres relocated h\ chap. 144, MarcliS, iJ^iiO, post; and again 
 l)y joint res. No. 105, of July 11, 1870, post. 
 
 ' Time changed by chap. 144, March 3, 1869, post 
 
86 
 
 ing or property witluQ the harbor of New York, or on the 
 navigable waters thereof, which shall have sufflcient ac- 
 commodatioa of warehouse, pier, dock, and basin room for 
 the safe and convenient receiving, storing, and care of all 
 Army stores of every kind and description belonging to 
 either of said Bureaus or branches of the service, at an 
 annual cost to the (xovernment not exceeding fifty thousand 
 Governor's M- dollars : Provided, liowBver, That nothing herein contained 
 fecte^"" "''* '^ shall be construed to prevent the storage or keeping of ord- 
 nance stores or other property at Governor's Island, or the 
 use in any way for the purposes of the Government of any 
 property or buildings which actually belong to the United 
 States. 
 
 Resolution No. 00. — Approved July 20, 18GS. — Vol. 15, p. 
 
 258. 
 
 JOINT RESOLUTION in relation to tbe Koek Island bridge. 
 
 Work to be be- That the act of Congress " making appropriations for the 
 OTr/the^MsafB^ support of the Array for the year ending June thirty, eighteen 
 rtppi Kiver atimndred aud sixty-eight, and for other purposes," approved 
 
 1867, ch.°i7'o. March two, eighteen hundred aud sixty-seven, be, and the 
 same is hereby, so amended as to authorize and direct the 
 Secretary of War to order the commencement of work on the 
 bridge over the Mississippi Eiver at Rock Island, to connect 
 the said island with the cities of Davenport and Rock Island: 
 
 Ownership otProvided, That the ownership of said bridge shall be and 
 bridge. remain in the United States, aud the Rock Island and 
 
 Eight of way. Paciflp Railroad Company shall have the right of way over 
 said bridge for all purposes of transit across the island and 
 river, upon condition that the said railroad company shall 
 pay to the United States, first, half of the cost of the super- 
 structure of the bridge over the main channel and half the 
 cost of keeping the same in repair, and shall also build at 
 its own cost the bridge over that part of tlje river which is 
 on the east side of the island of Rock Island, and also the rail- 
 road on and across saidisland of Rocklsland; anduponafall 
 compliance with these conditions said railroad company 
 shall have the use of said bridge for the purposes of free 
 transit, but without any claim to the ownership thereof; and 
 said railroad company shall, within six months after said 
 new bridge is ready for use, remove their old bridge from 
 the river and their railroad-track form its present location 
 
 other roadson the island of Rock Island: And provided further, That 
 raayhavenghtof |.|jg Government may permit any other road or roads wishing 
 to cross on said bridge to do so by paying to the parties then 
 in interest the proportionate cost of said bridge; but no such 
 permission to other roads shall impair the right hereby 
 granted to the Chicago, Rock Island and Pacific Railroad 
 
 Cost of bridge Company; and that the total cost of said bridge shall not 
 '''"'• exceed the estimates made by the commissioners appointed 
 under the act approved June twenty-seven, eighteen hundred 
 and sixty- six: And provided also, That in no case shall the 
 expenditure on the part of the United States exceed one 
 million dollars. 
 
87 
 
 • Sec. 2. That in case the Rock Island and Pacific Railroad Existing bridge 
 Company shall neglect or fail, for sixty days after the pas- *°a ''new'^Sidge 
 sage of this resolution, to make and guarantee the agreement ijuut, and road 
 specified in the act of appropriation aforesaid approved ofwaytf.^lc!^''' 
 March second, eighteen hundred and sixty-seven, then the 
 Secretary of War shall be, and is hereby, authorized and 
 required to direct the removal of the existing bridge and to 
 direct the construction of the bridge aforesaid, and expend 
 the money appropriated for that purpose in said act; and 
 the said Rock Island and Pacific Railroad Company shall 
 not have, acquire, or enjoy any right of way, or privilege 
 thereon, or the use of said bridge, until the agreement 
 aforesaid shall be made and guaranteed according to the 
 terms and conditions of said act of appropriation. All acts EcpcaUng.ciause. 
 or parts of acts inconsistent with these resolutions are hereby 
 repealed. 
 
 Sec. 3. That any bridge built under the provisions of Bridge to con- 
 this resolution shall be constructed so as to conform to the^'J,^^45*''g^^°*2^^'^'*' 
 requirements of section two of an act entitled "An act to 
 authorize the construction of certain bridges, and to establish 
 them as post-roads," approved July twenty-fifth, eighteen 
 hundred and sixty-six. 
 
 Resolution No. Gl. — Approved July 20, 1868. — Fo/. 15, /j. 
 
 259. 
 
 JOINT RESOLUTION dircctiug the Secretary of War to sell daiiui.(;.Hl 
 or auserviceable anus, ordaanoe, and ordnance stores. 
 
 That the Secretary of War be, and he is hereby, author- Damagedornn- 
 ized and directed to cause to be sold, after offer at public ^"r'^oltn au"e 
 sale on thirty days' notice, in such manner and at such times stores to be sold. 
 and places, at public or private sale, as he may deem most 
 advantageous to the public interest, the old cannon, arms, 
 and other ordnance stores now in possession of the War 
 Department which are damaged or otherwise unsuitable for 
 the United States military service, or for the militia of the 
 United States, and to cause the net proceeds of such sales. Proceeds of 
 after paying all proper expenses of sale and transportation ^^''''■ 
 to the place of sale, to be deposited in the Treasury of the 
 United States. 
 
 Chapter 2. — Approral December 15, 1808. — Vol. 15, jj. 205. 
 
 AN ACT providing for the sale of the lands, tenements, and water-privi- 
 leges belonging to the United States at and near Harper's Ferry, in 
 the Connty of Jelferson, West Virginia. 
 
 That the Secretary of War be, and he is hereby, author- secretary of war 
 ized and directed to make sale at public auction of the lands, [hl^prSpe^y 'rf 
 tenements, and water-privileges belonging to the United tbe united states 
 States, at and near Harper's Perry, in the county of Jeffer-"y. ^'^'"'^ 
 son, West Virginia, except as hereinafter provided, in such 
 parcels as shall, in his opinion, be best adapted to secure 
 the greatest amount of money therefor, on a credit of one 
 
88 
 
 Terma of sale, and two jcai's, taking bond and security from the purchaser* 
 or purchasers for the payment of the purchase-money; and' 
 that the proceeds of such sale shall be applied by him as 
 Advertisement follows : Provided, That no such sale shall be made until 
 in newspapers, the time, tcrms, and place tliereof shall have been published 
 in one of the principal newspapers in each of the cities of 
 Washington, 'Sew York, and Cincinnati for sixty days prior 
 to the day of sale. 
 Proceeds of First, in defraying the expenses of making said sale, 
 plied. ^""^ ^^' Second, in refunding to the United States the principal 
 sum of purchase-money paid for said lands, tenements, and 
 water-privileges by the United States, and for the erection 
 of buildings thereon. 
 Surplus to §0 Third, if any surplus remain, he shall deliver the same 
 as ^rfoTSoT to such agent as the legislature of the State of West Virginia 
 fund of the state shall appoint to rcccive the same; but upon condition that 
 such surplus shall be received by the State of West Virginia, 
 , to be set apart, held, invested, used, and applied as a part 
 of the school -fund of that State, under and by virtue of, and 
 in manner and form as provided in section first of the tenth 
 article of the constitution of West Virginia, and for no other 
 Secretary of purposc. And ou making such sale of the said lands, tene- 
 deeds.'" ^^'^"'^^^ mcuts, and water privileges, or any part thereof, the said 
 Secretary of War is hereby empowered and required, on 
 receiving the purchase-money in full, to execute all necessary 
 deeds therefor to the purchaser or purchasers thereof, on 
 behalf of the United States. 
 Secretary of Seo.2. That the Secretary of War be authorized and direct- 
 TOrtioMto^sK^'l to convey by deed to Storer College, an institution of learn- 
 coucge. ing chartered by the State of West Virginia, all those certain 
 
 portions of the aforesaid property, namely: the buildings with 
 thelots on which they stand, numbered thirty, thirty-one, and 
 thirty two, and also building number twenty -five, with enough 
 of the lot on which it stands to give a breadth of ten rods on 
 High street, otherwise known as Washington street, all of 
 said buildings and lots being situated at Harper's Perry 
 aforesaid, being the same which have heretofore been assigned 
 by the War Department to the Bureau of Refugees, Preedmen, 
 And other por- ^'^^^ Abandoned Lands, for educational purposes; and also to 
 tionstootherper- convey by deed to the proper persons all such other lands 
 °™^' and buildings, portions of the aforesaid property, as have 
 
 heretofore been set apart by the proper authority for religious, 
 charitable, and town purposes. 
 
 Chapter id.—Apjjroved March 1, 18G9.— FoZ. 15, p. 281. 
 AN ACT to restrict and regulate the franking privilege.' 
 
 Franking priv- That it shall not be lawful for any officer of the Govern- 
 iisld oniy\rthe™ent, member of Congress, or other person entitled by law 
 S-ap^^fsnatare ^'^ ^^^ banking privilege, to exercise said privilege otherwise 
 Spin matter than by his or her written autograph signature upon the 
 
 franked. 
 
 -.^^■^T *° "laiV™'^''^'' addressed to the Executive Departments, see chap. 
 102, June 1,1864, rtn/e. ■ ' 
 
89 
 
 matter franked ; and all letters or other mail-matter not thus othermaii mat- 
 franked by the written signature of a person entitled by law ^^■th'p^oategt!^'"^ 
 to exercise said privilege, shall be charged with the rates 
 of postage which are now, or may be hereafter, established 
 by law. 
 
 CHAPTsa 12i.— Approved March 3, 1809.— !"/>?. 15, p. 315. 
 
 AN ACT making appropriations for tbe support, of t!ie Army for the 
 year ending June thii-tieth, eighteen hundred and seventy, and for 
 other purposes. 
 
 For the ordnance service, required to defray the current ordnance serv- 
 expeuses at the arsenals; of receiving stores and issuing"'®' 
 arms and other ordnance supplies ; of police and office duties ; 
 of rents, tolls, fuel, and lights; of stationery aud office-furni- 
 ture; of tools and instruments for use; of public animals, 
 forage, and vehicles ; incidental expenses of the ordnance 
 service, including those attending practical trials and tests 
 of ordnance, small-arms, and other ordnance supplies, two 
 hundred thousand dollars : Provided, That no money appro- . No part to pay 
 priated by this act shall be used to purchase any new cannon o^smailarms.""" 
 or small-arms.^ 
 
 Sec. 4. That hereafter the term of enlistment shall be live Enlistments to 
 Years. '^^ ^"^ *'^'® •''®*''^' 
 
 Sec. 6. That until otherwise directed by law, there shall Nonewappoint- 
 be no more new appointments and no promotions in the Adju-™®°^(,tfojg "^ 
 tant-General's^ Department, iu the Inspector-General's^ staff departments 
 Department, in the Pay* Department, in the Quartermaster's^ hi"! "^"^ ** ^ 
 Dep^irtment, in the Commissary Department, in the Ord- 
 nance Department, in the Engineer ° Department, and in 
 the MedicaF Department. 
 
 GHAPTiiR li.L— Approved March 3, 1869.— To/. 15, p. 339. 
 
 AN ACT amendatory of the act providing for the sale of the arsenal 
 grounds at Saint Louis and Liberty, Missouri, and for other purposes, 
 approved July tweuty-iive, eighteen hundred and sixty-eight. 
 
 That so muchof the third section of the act providing for sixacresof the 
 the sale of the arsenals grounds at Saint Louis and Liberty, ^™s°i^\ ]f™™to 
 Missouri, and for other purposes, approved July twenty-five, i^e designated 'by 
 eighteen hundred and sixty-eight," as grants to the city of Vlr, toifo^ant- 
 Saint Louis the westernmost six acres of the tract of ground ii^.to t|«^^j*y ?* 
 occupied by the Saint Lbuis arsenal, be, and the same is ueu of former 
 
 grants. 
 
 'This proviso re enacted iu 1870, chap. 294, post. 
 
 ^The vacancies existing in the Adjutant-General's Department at the 
 passage of this act were exempted from its ojierations by joint res. No. 11, 
 of April 10, 1869, vol. 16, p. 53. 
 
 ^ Modified as to Inspector-General's Department by act of June 8, 1872. 
 
 ■"Modified to permit appointment of Paymaster- General by act June 4, 
 1872. 
 
 "Modified in favor of certain ofBoers by act Juue 3, 1872. 
 
 ^Modified to permit promotions and new appointments to and includiug 
 grade of colonel, by act of July 10, 1872. 
 
 ' Modified to permit appointment of Chief Medical Purveyor by act 
 March 12, 1872. 
 
 «Chap. 243, July 25, ISaS, ant,: 
 
90 
 
 hereby, repealed, so far as it designates the part of said tract 
 
 so granted ; and in lieu of said ■westernmost six acres there 
 
 shall be granted to said city, for the purposes and upon the 
 
 conditions expressed in said act, other six acres of said 
 
 tract,^ to be designated by the Secretary of AYar ; and that 
 
 Time limited for the pcriod limited in said act for the erection of the monu- 
 
 ment^^whenTo mcut therein contemplated to be erected shall be considered 
 
 commence to ran. ^g commencing at the time when the Secretary of War shall 
 
 have designated the six acres of said tract to be gratited to 
 
 SeiectioDnottosa,id City: Provided however, That no part of the said six 
 
 be made cast of, ^^^^^ ^^^j^ be Selected east of the western line of the ground 
 
 occupied by the Saint Louis and Iron Mountain Eailroad. 
 
 Chapter 11. — Approved February 1, 1870. — Vol. IG, p. 63. 
 
 AN ACT to protect officials in Governmeut employ. 
 
 Contributions, That no officer or clerk in the United States Government 
 UcUed'for°nOT It employ shallatany time solicit contributions of other officials 
 ceived by TJnitcd or employees in the Government service for a gift or present 
 ctericai°8apSors to those in a Superior official position; nor shall any such 
 Presents. offlcials or clerical superiors receive any gift or present 
 offered or presented to them as the contribution of those in 
 Government employ receiving a less salary than themselves; 
 nor shall any officer or clerk make any donation as a gift 
 Pen.aity. or present to any official superior. Any officer or clerk 
 
 violating any of the provisions of this bill shall be sum- 
 marily discharged from the Government employ. 
 
 Chapter 23. — Approved March 7, 1870. — Vol. 16, p. 75. 
 
 AN ACT to authorize officersof tlie Executive Departments to administer 
 oaths in certain cases.'^ 
 
 Certain officers That any officer or clerk of any of the Executive De- 
 partments " may partmcuts of the Government, who shall be lawfully detailed 
 tSn'oathr "^^""^ *^ investigate frauds or attempts to defraud on the Govern- 
 ment, or any irregularity or misconduct of any officer or 
 agent of United States, shall have power to administer oaths 
 to affidavits taken in the course of anv such investigation. 
 
 Chapter 153.— Approved June 23, 1870.— T'o?. 16, j;. 167. 
 
 AX ACT to authorize the settlement of the accounts of officers of the 
 Army and Kavy. 
 
 In settling ac- That the propcr accounting officers of the Treasury be, 
 to^gofflcerfof-and they are hereby, authorized, in the settlement of the 
 War and Navy accouuts of disbursing officcrs of the War and IS'avy Depart- 
 
 Departments, j i^ 
 
 certain credits to .,. j.-* ^ ^ii .., ^, ^v^„,,.. ,^-.„ 
 
 be aUowed wben, 'Lyon monument site relocated liy joint res. No. 105, July 11, 1870, 
 &c. post. 
 
 - See similar enactment in joint res. No. 15, approved April 10, 1869, 
 sec. 2. 
 
91 
 
 ments arising since the commencement of the rebellion, and 
 prior to the twentieth day of August, eighteen hundred and 
 sixty-six, to allow such credits for overpayments, and for 
 losses of funds, vouchers, and property, as they may deem 
 just and reasonable, when recommended under authority 
 of the Secretaries of War and Navy, by the heads of the 
 military and naval Bureaus to which such accounts respect- 
 ively pertain. 
 
 Sec. 2. That the accounts of military and naval officers. Accounts of mil- 
 whether of the line or staff, for Government property j.^^^r^f'Jj'g™^ 
 charged to them, may be closed by the proper accountingemment prop- 
 offtcers whenever in their judgment it will be for the interest thlm^mlf hi 
 of the United States so ta do : Provided, Tliat such accounts oio^ed when, &o. 
 originated prior to the twentieth day of August, eighteen i'™'^'^''^. 
 hundred and sixty-six : Provided, That no settlement shall 
 be made by the officers of the Treasury under this act which 
 shall exceed the sum of five thousand dollars, and only of 
 such officers of the Army and Navy and of the Pay Depart- 
 ment in whose accounts there is.no apparent fraud against 
 the United States : Ajid provided ftirther, That this aat ahaM Act to be in 
 remain in force for two years from and after its passage and^"'™*""^'''"'^' 
 no longer.^ 
 
 GnAPTEB 2i3.—A2}prored Juhj 11, ISlO.— Vol. 16, p. 229. 
 
 AN ACT to regulate the purchase of fnol for the legislative, executive, 
 and judicial dcpartineuta, aud for the military and naval establish- 
 ments of the United States in the District of Columbia. 
 
 That from and after the passage of this act it shall not be Persons in the 
 lawful for any officer or person in the civil, military, or naval u^tert states^iu 
 service of the United States in theDistrict of Columbiatopur- coi„^fa"no\ t* 
 chase anthracite or bituminous coal or wood for the public ser- purchase'w°oci m 
 vice, except on condition that the same shall, before delivery, "efvice"' except" 
 be inspected and weighed or measured by some competent ■src. 
 person to be appointed by the head of the Department or 
 chief of the branch of the service for which the purchase is 
 made, and that the person so appointed shall, before enter- coai and wood 
 lug upou the duty of inspector, weigher, and measurer, and '°ei'^hi"d,''^'k'u'^i 
 to the satisfaction of the appointing officer, bind himself measured.' 
 with not less than two sureties, in the penal sum of live inspector, &c., 
 thousand dollars, that each and every ton of coal weighed *° ^'^^ '"'"''■ 
 by him shall consist of two thousand two hundred and forty 
 pounds, and that each and every cord of wood to be so 
 measured shall be of the standard measure of one hundred 
 and twenty-eight cubic feet. And the inspector, weigher, Feesofinspeot- 
 and measurer hereby to be appointed shall be entitled to <"■• '^'^^ 
 receive from the vendors of fuel weighed and measured by 
 him, twenty cents for each ton of coal weighed, and nine 
 cents for each cord of wood measured by him: Provided, 
 That each load or parcel of wood or coal weighed and certificate of 
 
 inspector, &c., to 
 ' Continued in force for two years from June 2:!, 1872, by act June 7, go with each load. 
 1872, post. 
 
92 
 
 measured by him shall be accompaaied by his certificate of 
 
 the number of tons or pounds of coal and the number of 
 
 cords or parts of cords of wood in each load or parcel. 
 
 Diabnraing of- Sbc. 2. And be it further enacted, Thut the T^toper accoxint- 
 
 fowed''cred"t'3^fori°S officcr of the Treasury shall be furnished with a copy of 
 
 payments for coal the appointment of each inspector, weigher, and measurer 
 
 OT wood unless, appointed under this act, and that it shall not be lawful for 
 
 any accounting officer to pass or allow to the credit of any 
 
 disbursing officer in the District of Columbia, any money 
 
 paid by him for purchase of anthracite or bituminous coal, 
 
 or for wood, unless the voucher therefor is accompanied by 
 
 a certificate of the proper inspector, weigher, and measurer, 
 
 that the quantity paid for has been determined by him as 
 
 required by this act. 
 
 Act may be ai- Sbg. 3. And be it further enacted,^ That Congress may at 
 
 tered, &c. ^^^ |.jjj,g repeal, amend, or alter this act. 
 
 Chapter 251.— Approved July 12, 1810.— Vol. 10, p. 230. 
 
 AN ACT mating appropriations for tlielegislative, executive, and judicial 
 expenses of tbe Government for the year ending tlie thirtieth of June, 
 eighteen hundred and seventy-one. 
 
 Envelopes, let- SbC. 1. * * * Provided, That hereafter no en- 
 
 Mt to°be°printla vclopcs, letter or note sheets, for the use of Congress or 
 
 from, &0. any Department or officer, shall be printed from steel or 
 
 copper-plate, or by lithographing. 
 
 No part of ap- Sec. 3. * * * That after the passage of this act 
 
 ?mtS|on^ &r ^° moneys herein or otherwise appropriated, or that may be 
 
 expenses to be hereafter ax^propriated, for contingent, incidental, or mis- 
 
 ia^se^iclT""'' ccUaneous purposes, shall be expended or paid for official 
 
 or clerical compensation ; and it shall be the duty of the 
 
 accounting officers to reject and disallow all such payments 
 
 as illegal. 
 
 Sec. 4. * * * That the appropriations made by 
 
 the following parts of acts and resolutions be, and the same 
 
 are hereby, repealed, to take effect from and after June 
 
 thirty, eighteen hundred and seventy-one, viz ; * * * 
 
 1861, ch. 81, re- Scctiou One of the act of July twenty-seven, eighteen 
 
 pealed. hundred and sixty-one, being an appropriation for refunding 
 
 to States expenses incurred in raising volunteers during the 
 
 late rebellion. *####* 
 
 Estimates to be And hereafter it shall be the duty of the proper Depart- 
 
 sach'e'xpe^nses.''"' ^^^^^ to Submit estimates for the expenses and expenditures 
 
 under these several heads, in the usual manner. 
 
 Unexpended Sec. 5. That all balances of appropriations contained in 
 
 offlr° appropria- ^^^ annual appropriation bills and made specifically for the 
 
 Mons for any year service of any fiscal year, and remaining unexpended at the 
 
 only, &c. ^^^ expiration of such fiscal year, shall only be applied to the 
 
 payment of expenses properly incurred during that year, or 
 
 to the fulfilment of contracts properly made within that 
 
 ne^d'edTogoMy*'^^; ^^^ ^^^'^^ balances not needed for the said purposes 
 
 Borpins-funS. Shall be Carried to the surplus-fund: Provided, That this 
 
 pivtJ'cortataaS"®^''*'*"^ ®^'^^^ ^^^ ^^^^^ *° appropriations known as perma- 
 propriations. Dcnt Or indefinite appropriations. 
 
93 
 
 ■Sec. G. That all balances of appro priatious which shall ProTisionasto 
 have remained on the books of the Treasury, without being ^*^°t°f^°^/PP™t 
 drawn against in the settlement of accounts for two years firawnagainstfor 
 from the date of the last appropriation made by law, shall '"■" ''^"'' '^"• 
 be reported by the Secretary of the Treasury to the Auditor 
 of the Treasury, whose duty it is to settle accounts there- 
 under, and the Auditor shall examine the books of his office, 
 and certify to the Secretary whether such-balances will be 
 required in the settlement of any accounts pending in his 
 office; and if it sliall appear that such balances will not be 
 required for this purpose, then the Secretary may include 
 such balances in his warrant, whether the head of the proper 
 Department shall have certified that it may be carried into 
 the general Treasury or not. But no appropriation for the Not to apply to 
 payment of the interest or principal of the public debt, oraSons" ^p^'™^"' 
 to which Congress may have given a longer duration of law, 
 shall be thus treated. 
 
 Seo. 7. That it shall not be lawful for any Department of Xo Department 
 the Government to expend in any one fiscal year any sum ^"^^^^P^^^J^^g^y 
 in excess of appropriations made by Congress for that fiscal iippropriations 
 year, or to involve the Government in any contract for the &c.*'''" '^'""^' '"^' 
 future payment of money in excess of such appropriations. 
 
 Chapter 292.— Approved July 15, 1810.— Vol. 10, j). 291. 
 
 AN ACT inakiiii; appropriations for sundry civil expenses of the Govern- 
 ment for the year euding Juno thirty, eighteen hundred and seventy- 
 one, and for other purposes. 
 
 Sec. 2. That uo advertisement, notice, or proposal for any No .advertise- 
 Executive Department of the Government, or for any Bureau "^00 '^comeS 
 thereof, or for any office therewith connected, shall be pub- ^yith tim Exeou- 
 lished in any newspaper whatever, except in pursuance of to™b6''pubii'3h'e*a 
 a written authority for such publication from the head of'"^^™? °?'^p''" 
 such Department; and no bill, for anj- such advertising, or ^''^-ji'^^qj '^^ \g 
 publication, shall be paid, unless there be presented, with paid unless, &c. 
 such bill, a copy of the written authority aforesaid. 
 
 Chapter 29-1:. — Approved July 15, 1870.^ l"oL IG, p. 315. 
 
 AN ACT making appropriations for tho support of the Army for the 
 year ending June thirty, eigliteeu hundred and seventy-one, and for 
 other purposes. 
 
 Sec. 1 . * * * For the ordnance service required ordnance ser- 
 to defray the current expenses at the arsenals, of receiving™"- 
 stores and issuing arms and other ordnance supplies, of 
 police and office duties, of rents, tolls, fuel, and lights; of 
 stationery and office-furniture ; of tools and instruments for 
 use; of public animals, forage, and vehicles; incidental 
 expenses of the ordnance service, including those attending 
 practical trials and tests of ordnance, small-arms, and other 
 ordnance supplies, one hundred and fifty thousand dollars: 
 Provided, That no money appropriated by this act shall be No part to pay 
 used to pay for any new cannon or small-arms. smaTarms""™'"' 
 
94 
 
 EnUated men, Sec. 14. That the pay and allowances of the enlisted men^ 
 
 lllea^lt. °''^'"'' of t^^ Army shall remain as now fixed by law until the thir- 
 
 iTot to be used tieth of June, eighteen hundred and seventy-one; and it 
 
 |^^^^J™°'^''y<'^- shall be unlawful for any officer to use any enlisted man as 
 
 a servant in any case whatever. 
 
 officersonduty Sec. 16. That hereafter no officer shall be entitled to wear 
 
 OTi.7Tf"°iItS^liile on duty any uniform other than that of his actual 
 
 rank, and to be rank, on account of having been brevetted ; nor shall he be 
 
 so addressed. addrcssed in orders or ofdcial communications by any title 
 
 other than that of his actual rank. 
 
 Sec. 24. That the pay of the officers of the Army shall be 
 Pay of officers as foUows : The pay of the General shall be thirteen thou- 
 tabiiihei™^ '*^- sand flvc hundred dollars a year ; Lieutenaut-General shall 
 be eleven thousand dollars a year ; the pay of major-general 
 shall be seven thousand five hundred dollars; the pay of 
 brigadier-general shall be fi.ve thousand five hundred dollars; 
 the pay of colonel shall be three thousand five hundred dol- 
 lars ; the pay of lieutenant-colonel shall be three thousand 
 dollars ; the pay of major shall be two thousaud five hundred 
 dollars ; the pay of captain, mounted, shall be two thousand 
 dollars ; the pay of captain, not mounted, shall be eighteen 
 hundred dollars; the pay of adjutant shall be eighteen 
 hundred dollars ; the pay of regimental quartermaster shall 
 be eighteen hundred dollars; the pay of first lieutenant, 
 mounted, shall be sixteen hundred dollars ; the pay of first 
 lieutenant, not mounted, shall be fifteen hundred dollars; 
 the pay of second lieutenant, mounted, shall be fifteen hun- 
 dred dollars ; the pay of second lieutenant, not mounted, 
 shall be fourteen hundred dollars ; the pay of chaplain shall 
 be fifteen hundred dollars ; the pay of aide-de-camp to major- 
 general shall be two hundred dollars per annum in addition 
 to pay of his rank ; the pay of aide-de-camp to brigadier- 
 general shall be one hundred and fifty dollars per annum in 
 addition to pay of his rank ; the pay of acting assistant commis- 
 sary shall be one hundred dollars in addition to pay of his rank; 
 To officers be- and there shall be allowed and paid to each and every com- 
 lowrarTk of briga- missioued oflicer below the rank of brigadier-general, includ- 
 pe^'S!™' year- ing chaplains and others having assimilated ratik or pay, 
 lowffioreacb'flve ^6" P^r ccntum of their current yearly pay for each and 
 years' service, evcry term of fivc years of service : Provided, That the total 
 Proviso. amount of such increase for length of service shall in no 
 
 case exceed forty per centum on the yearly pay ef his grade 
 Pay of colonel as established by this act : And provided further, That the 
 Soneinot tS'''ex- P'^-y ^^ ^ colonel Shall in no case exceed four thousand five 
 «eed. hundred dollars per annum, nor the pay of a lieutenant- 
 
 Monthiypay. coloncl four thousand dollars per annum, and these sums 
 shall be in full of all commutation of quarters, fuel, forage, 
 servants' wages and clothing, longevity rations, and all 
 allowances of every name and nature whatever, and shall be 
 and "oia'J'r'^"'''^' ^^^^ monthly by the paymaster : Provided, That fuel, quar- 
 oiage. ^g^g^ ^j^^ forage in kind may be furnished to offtcers by the 
 Quartermaster's Department, as now allowed by law and 
 tr^™ruSo°' regulations: And provided further, That when any officer 
 ders. shall travel under orders, and shall not be furnished trans- 
 
 'Pay of enlisted men estaljlished by act May 15, 1872, post. 
 
95 
 
 portation by the Quartermaster's Department, or on a con- 
 veyance belonging to or chartered by the United States, he 
 shall be allowed ten cents per mile, and no more, for each 
 mile actually by him travelled under such order, distances 
 to be calculated according to the nearest post-routes; and Paymentstoof- 
 no payment shall be made to any oflicer except by a pay- fl««™ to be by 
 master of the Army. Officers retired from active service ""pr/'oTretoed 
 shall receive seventy-five per centum of the pay of the rank officers. 
 upon which they are retired. 
 
 GHA^rEU 300.— Approved July 15, ISTd.— Vol. 16, 2). 'Mi. 
 
 AN ACT to provide for inveutories and accounts of the property of the 
 United States iu the public buildings and grounds belonging to tlio 
 United States in the District of Columbia. 
 
 That it shall be the duty of the Secretary of State, the inventories of 
 Secretary of the Treasury, the Secretary of the Interior, Jl'«„P'f.°pe'''yo^ 
 
 ,, o i J? tier XI t? X jj ii -Kx ii -r. ' tlietTDited Slates 
 
 the Secretary ot War, the Secretary of the -Navy, the Post- in the rooms oo- 
 
 master-General, and the Adjutant-General, and the Com-gePj'^ai Depart* 
 
 missioner of Agriculture, each severally as soon as practi-mentstobotaken 
 
 ■cable to make a full and complete inventory of all of the """^ '"'^'' 
 
 property belonging to the United States in the buildings, 
 
 rooms, offices, and grounds occupied by each of them, and 
 
 under their charge. And hereafter to keep iu proper books 
 
 •such inventories and accounts, adding thereto an account 
 
 of such property as may be procured subsequently to the 
 
 taking of the same; and also an account of the sale or dis- 
 
 jiosal of any of such property. 
 
 Sec. 2. That it shall be the duty of the officers herein- Annual report 
 before required to make and keep such inventories and ac- thereof to con- 
 counts, to make out an annual report thereof on the first ^'^''^^' 
 day of December to Congress: Provided, That this law certain items 
 shall not apply to the books, pamphlets, papers, and doc- ^o* '<> ^o iuciud- 
 uraents in the Library of Congress, nor to the supplies of 
 statiouei\y and fuel in the several publicoffices and buildings, 
 which shall be accounted for as uow iirovided for by law. 
 
 Resolution 'i^o.2d.—A])proved March 25, 1870.— FoL 10, 
 
 p. 371. 
 
 JOINT RESOLUTION iu relation to the construction of the Eock Island 
 
 bridge. 
 
 That, in the construction of the bridge heretofore author- Book island 
 ized by Congress, across the Mississippi Eiver, hetween^^'^^so tobecon^ 
 Itock island and the city of Davenport, the Secretary of Binsie-traok raii- 
 War shall have power to construct the same for a single- "^''' 
 track railroad onlj', and to place the wagon-road below the wagonroad, 
 railroad-track, as recommended by the Chief of Engineers: ^''''™p^*°®'^- 
 Provided, That iu no case shall the expenditure on the part Limit of ex- 
 «f the United States exceed one million dollars. ^T86'7!°™i7o. 
 
96 
 liESOLUTiON No. 40. — Approved May 4, 1870. — Vol. 16,p. 373. 
 
 JOINT RESOLUTION authorizing tbe supply of arms, for iustrnction 
 and jjractice, to certain colleges and universities. 
 
 wss'^m^'^^iB m ^^^* the Secretary of War be authorized to issue, at his 
 smaoi-arma, '&".'! discretion and under proper regulations to be prescribed by 
 and' miversiS '^™' °^^ °^ ^^i' small-arms or pieces of field-artillery belong- 
 for instraction,' ing to the Government and which can be spared for that 
 ^''' purpose, such number of the same as may appear to be re- 
 
 1806 ch "0!) Qiiired for military instruction and practice by the students 
 sec. 20. ' " ' ' of any college or university, under the provisions of section 
 
 twenty-six of the "Act to increase and fix the military peace- 
 
 establishment of the United States;" the Secretary to re- 
 Bond, &t-. quire a bond in each case, in double the value of the property, 
 
 for the care and safe-keeping thereof, and for the return of 
 
 tlie same when required. 
 
 Resolution No. 105. — Approved July 11, 1870. — Vol. 16, 
 
 p. 38G. 
 
 JOINT EESOLUTION concerning arsenal grounds at Saiut Louis, 
 
 Missouri. 
 
 Portion of the That the acts of twenty-eighth (twenty-fifth) July, eighteen 
 tr fi^t^SSfs! hundred and sixty-eight,^ and third March, eighteen hundred 
 Miesouri tobeoo-and sixty-niue," in relation to the sale of Saint Louis arsenal, 
 Snt to GeMiai bc, and are hereby, so far amended that the portion of ground 
 Lyon. .(;q ijg granted for the erection of a monument in memory of 
 
 the late Brigadier-General Nathaniel Lyon shall embrace 
 all the ground lying between Carondolet avenue and Fourth 
 street, as laid down on the plat of the ground now in the Ord- 
 nance OfQce; that all the ground and buildings thereon 
 tion''°to''to^re-^y^'^S ^^^^^^'^ ^®*^^'^*^ Street and the river to be reserved 
 served. for such usc as the interests of the Army may require ; and 
 
 that the remainder of the ground, lying between Second 
 sow''ftIartim.''^ ^'"^ Fourth strccts, be sold at public auction, in the manner 
 prescribed by the above-cited act of twenty- eighth July, 
 eighteen hundred and sixty-eight, and the proceeds of the 
 sale shall be paid into the Treasury of the United States: 
 Saint Louis Provided, That the corporate authorities of the city of Saint 
 ""■^ai^ed v^a'iue" ^^^^^^ shall havc the privilege of purchasing said ground at 
 appraise va ue. ^^ appraised valuc before the sale ; the appraisement to be 
 made by two persons to be selected by the Secretary of War 
 and two by the corporate authorities ; the four appraisers 
 to select an umpire in case of disagreement, but the result 
 to be subject to the approval of the Secretary of War. 
 
 Chapter 3, — Approved December 15, ISlO.^Vol. 16, p. 396. 
 
 AN ACT douatiug Cliattalioochea arsenal to the State of Florida for 
 eilnoatioiuil purposes. 
 
 ciiattahoochee That the public property, with the grounds, buildings, 
 HSil'r'edno'a''.'i"<l appurtcnances thereto belonging, situated iii Gadsden 
 
 tional purposes. , ^., „ , , , , 
 
 ' Chap. 243, July 25, 1868, ajite. 
 2 Chap. 144, March 3, 1869, ante. 
 
97 
 
 county, in the State of Florida, and known as the "Cliatta- 
 hoochee arsenal," and at "present occupied by said State as 
 a penitentiary, be, and the same are [is] hereby, granted 
 and donated to the State of Florida for educational pur- 
 poses. 
 
 Sec. 2. That the Secretary of War is hereby authorized -^va^tomakJthe 
 and directed to transfer said property to the board of inter- tralJsferrana to 
 nal improvement of the State of Florida, to be held by them ' ' 
 in trust, for the use, benefit, and execution of the purpose 
 of this grant, or for such other public purposes as said board 
 may deem jjroper. 
 
 . whom. 
 
 Chapter 51.— Approved Fehuary 14, 1871. — Vol. 16, p. 412. 
 
 AN ACT to provide for taking testimony to be used before tlie Depart- 
 ments. 
 
 That any head of a Department or Bureau in which a Depositions of 
 
 1 . • J, j_i T-r 'i T r-<i J • 1 T Witnesses may DC 
 
 claim against the United States is properly pending may taken for use in 
 apply to anyjudge or clerk of any court of the United States\ ^iltust"' uS 
 in any State, district, or Territory, to issue a subpoena for states pending in 
 any witness residing or being within the jurisdiction of such o?Ba?eTu.'*°'™* 
 ■court, to appear at a time and place in said subpcena stated, 
 before any officer authorized to take depositions to be used Modeoftating. 
 in the courts of the United States, there to give full and 
 true answers to such written interrogatories and cross-inter- 
 rogatories as may be submitted with said application, or to 
 be orally examined and cross-examined upon the subject of 
 such claim ; and if any witness, after being duly served with Penalty upon 
 
 ,1 iiiij.i'j_ • witness tor reius- 
 
 such subpcena, shall neglect or refuse to appear, or appearing ai to appear, &c. 
 
 shall refuse to testify, the judge of the district in which the 
 
 subpcena issued may proceed upon proper process to enforce 
 
 obedience to the process, or to punish the disobedience, in 
 
 like manner as any court of the United States may do in 
 
 case of process of subpcena ad testificandum issued by 
 
 such court ; and witnesses in such case shall be allowed the 
 
 same compensation as is allowed witnesses in the courts of nessla. ° 
 
 the United States. 
 
 Seo. 2. That if any witness who shall be duly sworn and . reuaitvtorpei- 
 examined under the provisions of this act shall be guilty of ^"'^■^' 
 intentional false swearing in his testimony, he shall be 
 deemed guilty of the crime of perjury, and on conviction 
 thereof shall be punished in the same manner and to the 
 same extent as is provided against peijury committed in the 
 courts of the United States. 
 
 Sec. 3. That whenever any head of a Department or services of 
 Bureau shall make application to take testimony under this united states at 
 act, and shall be of opinion that the interests of the United ?" be pravided b" 
 States require the attendance of counsel at the examination, tiie Attorney- 
 or if he shall be of opinion that the interests of the United '"^'"'™^ "■■ ^''■ 
 States require legal investigation of such claim, he shall 
 give notice thereof to the Attorney-General, and of all facts 
 necessary to enable the Attorney-General to furnish proper 
 professional service in attending such examination, or making 
 
 7 o L 
 
98 
 
 sucli investigation; and it shall be the duty of the Attorney- 
 General to provide for such service. 
 
 liBSOLUTiON No. 21.— Approved February 3, 1871.— Foi. 16, 
 
 p. 693. 
 
 A RESOLUTION directing the Secretary ofWar to sell Bergeu Heights 
 
 arsenal.' 
 
 BergenHeights That the Secretary of War be, and he is hereby, author- 
 
 atpubiioatiction. ized and directed to sell at public auction, to the highest 
 
 bidder, the lands and tenements belonging to the United 
 
 States, situate in the county of Hudson and State of New 
 
 Jersey, and known as the Bergen Heights arsenal. The 
 
 of^aie.''^"'''^''""'^^^® ^^^^^ be made on the ground after thirty days' notice 
 
 in the Newark Daily Advertiser and Newark Evening 
 
 Courier, papers published in the city of Newark ; in the 
 
 Daily Times and Evening Journal, papers published in Jersey 
 
 City, New Jersey ; and in the New York Times and New 
 
 York Tribune, papers published in the city of New York; 
 
 Proceeds of sale. ^^^ ^jjg proceeds arising from said sale shall be paid into the 
 
 Conveyance. Treasury of the United States ; and the Secretary of War is 
 
 hereby authorized upon the said sale to make a good and 
 
 suflScient conveyance of the said property to the purchaser 
 
 or purchasers thereof. 
 
 Chapter 12. — Apxiroved February 2, 1872. — Vol. 17, p. 29. 
 
 AN ACT to authorize the payment of duplicate checks of disbursing 
 
 ofiScers." 
 
 Duplicate That iu place of original checks, when lost, stolen, or 
 
 suld b™afsburs- destroyed, disbursing oflScers and agents of the United States 
 
 SSse o^'orfginai^''^ hereby authorized, after the expiration of six months 
 
 cheokB lost, &o.. from the date of such checks, and within three years from 
 
 after, &c. ^^^^ date, to issue duplicate checks, and the Treasurer, 
 
 assistant treasurers, and designated depositaries of the 
 
 e pan , &c. u^jj-gfj gtatcs are directed to pay such checks, drawn in 
 
 pursuance of law by such oflicers or agents, upon notice and 
 
 proof of the loss of the original check or checks, under such 
 
 regulations in regard to their issue and payment, and upon 
 
 the execution of such bonds, with sureties, to indemnify the 
 
 United Stjites, as the /Secretary of the Treasury shall pre- 
 
 amoun™ ' * * " scrlbe : Provided, That this shall not apply to any check 
 
 exceeding iu amount the sum of one thousand dollars. 
 
 case'tti^'officir Sec. 2. That in casc the disbursing officer or agent by 
 
 losing the check whom such lost, destroyed, or stolen original check was 
 
 offlcl."'''"'™* ""issued, be dead, or no longer in the service of the United 
 
 States, it shall be the duty of the proper accounting officer, 
 
 under such regulations as the Secretary of the Treasury 
 
 shall prescribe, to state an account in favor of the owner of 
 
 such original check for the amount thereof, and to charge 
 
 such amount to the account of such officer or agent. 
 
 1 For status of this property iu 1867, see 373— W. D.— 1867, records of 
 Ordnance Office. The property was sold in pursuance of tlie above 
 authority. 
 
99 
 
 Chapter UO.—Apjyroved May 8, 1872.— Fo/. 11, p. 82. 
 
 AN ACT making appropriations far tho legislative, executive, and judi- 
 cial expenses of the Government for the year ending June thirtieth, 
 eighteen hundred and seventy-three, and for other i)urposes. 
 
 Sec. 2. That after the thirtieth day of Jane, eighteen S'^''%''* ^^^^^ 
 hundred and seventy-two, it sliall be the duty of each headmenta? feo^.^'to 
 of an Executive Department of the Government, and of alP°fJ»'^«^° ^^"^'"■1 
 other public officers who have heretofore had printing andneoessary tor 
 binding done at the Congressional Printing Office for the^j'^^i^^^s an.i 
 use of their respective Departments or public offices, to 
 include in their annual estimates for appropriations for the 
 next fiscal year such sum or suras as maj^ to them seem 
 necessary " for printing and binding, to be executed under 
 the direction of the Congressional Printer." 
 
 Sec. 3. That it shall be the duty of the Congressional ■p^^°^J\f^'^'^^ 
 Printer, when Congress shall have made an appropriation an'acoonut with 
 for any Department or public office, to be expended " for ^J-^i^Dcpartment, 
 printing and binding, to be executed under the direction of appropriation has 
 the Congressional Printer," to cause an account to be opened pr™tingr&c. ^" 
 with each of the said Departments or public offices, on which 
 he shall charge for all printing and binding ordered by the 
 heads of said Departments or public otBces, in accordance 
 with the schedule of prices established in accordance 
 witk law, and it shall not be lawful for him to cause to be 
 executed any printing or binding the value whereof shall 
 exceed the amount appropriated for such purpose. And the 
 Congressional Printer is hereby authorized to employ a 
 clerk of class two to have charge of said accounts ; and that ^^'"^■ 
 he make a detailed report of each account with Departments i^eport. 
 or public offices to Congress in his annual report. 
 
 Sbo, 4. That all acts and parts of acts prescribing and certain limit to 
 limiting the number of congressional documents to be printed monts^ropeated."" 
 for the use of any head of Department or public office are 
 hereby repealed. 
 
 Sec. 5. That all proceeds of sales of old material, con- gj^^''°^'jj»^'i-^^ 
 demned stores, supplies, or other public property^ of auyterfai,"*;"., how 
 kind, shall hereafter be deposited and covered into the *p^? 3^"®'' ^""^ 
 Treasury as miscellaneous receipts, on account of "proceeds see isia, cii. 343/ 
 of Government property," and sliall not be withdrawn or 
 applied except in consequence of a subsequent appropriation 
 made by law ; and a detailed statement of all such proceeds Detaiiea st.itc- 
 of sales shall be included in the appendix to the book of ™°°'' 
 estimates. But this section shall not be held to repeal the tms section 
 existing authority of law in relation to marine hospitals, &"! *" "^^"'^ '"' 
 revenue-cutters, the clothing-fund of the Xavy, or the sale 
 of commissary stores to the officers of the Army. And it Register of the 
 shall be the duty of tho Eegister of the Treasury to furnish ^^^^'j^^ary to fur- 
 to tho proper accounting officers copies of all warrants cov- "-arrants^&c. " 
 ering such proceeds, where the same may be necessary in 
 the settlement of accounts in their respective offices. 
 
 ' I'y net of June 8, 1872, chap. 3AS, post, this section does not apply to 
 materials, stores, or supplies sold to officers and soldiers of the Army, or 
 to exploring or surveying expeditions authorized by law ; nor does it 
 repeal paragraph 1032 Kev. Reg. of 1863, ■which ))rovides tliat expenses 
 of sales of military stores or supplies regularly condemned will be paid 
 from their proceeds. 
 
100 
 Chapter 160.— A2)proved May 13, 1872.— Vol. 17, p. 116. 
 
 AN ACT to establish tlie pay of tlie enlisted men of the Army. 
 
 Monthly pay of That fiom and after the first day of July, eighteen hundred 
 enlisted men of and sevcnty-two, the monthly pay of the following enlisted 
 tueir firafc eSt men of the Army shall, during the first term of enlistment, 
 mentestabiished. ^jg jjs follows, with the Contingent additions thereto herein- 
 after provided : # # # # * 
 
 Sergeants, cor- Sergeants of engineers and ordnance, thirty-four dollars. 
 vatMiofortnanoe Corporals of engineers and ordnance, twenty dollars. 
 
 ^t # * -ir ir * * 
 
 Privates (first class) of engineers and ordnance, seventeen 
 dollars. 
 
 Privates (second class) of engineers and ordnance, thirteen 
 dollars. 
 Additional pay Sec. 2. That to the ratcs of pay above established one dollar 
 yolrs^orenUsT-Per mouth shall be added for the third year of enlistment, 
 ment. one dollar more per month for the fourth year, and one dollar 
 
 more per mouth for the fifth year, making in all three dollars' 
 increase per month for the last year of the first enlistment 
 of each enlisted man named in the first section of this act. 
 Not to be paid But this increase shall be cousidered as retained pay, and 
 when to "ije for'' shall uot be paid bo the soldier until his discharge from the 
 felted. service, and shall be forfeited unless he shall have served 
 
 Eepeai of for- honestly and faithfully to the date of discharge. And all 
 meriaws. former laws concerning retained paj- for privates of the 
 
 Army are hereby rescinded. 
 Payofre-eniist- Sbc. 3. That all the cnlisted men enumerated in the first 
 odmen. scctlon of thls act who have re-enlisted or who shall here- 
 
 after re-enlist under the provisions of the act of August 
 fourth, eighteen hundred and fifty-four, shall be paid at the 
 rates allowed in the second section of this act to those serving 
 in the fifth year of their first enlistment: Provided, That 
 tained and°for-one dollar per month shall be retained from the pay of the 
 felted if, &o. re-cnlisted men, of whatever grade, named in the first section ' 
 of this act, during the whole period of their re-enlistment, 
 to be paid to the soldier on his discharge, but to be forfeited 
 unless he shall have served honestly and faithfully to the 
 ' date of discharge. 
 
 Pay of enlisted Sbo. 4. That culisted men, now in the service, shall receive 
 ^oe ""^ '° ^"^ *^® rates of pay established in this act according to the 
 Additional pay ^^'^S*''^ of their scrvicc, and nothing contained in this act 
 forreeniistments shall be construed as affecting the additional monthly pay 
 se'ntencrof court'- aWowed for re-eulistments by the act of August fourth, 
 martial. eighteen hundred and fifty -four. 
 
 Chaptek 1G2.— Approved May 15, 1872.— Vol. 17, p. 117. 
 
 AN ACT to proTJde that minors shall not he enlisted in the military 
 service of the United States without the consent of parents or guard- 
 ians. 
 
 Minors not to That uo person under the age of twenty-one years shall 
 
 fato?&o.!with^ut be enlisted or mustered into the military service of the United 
 
 sent rf'*a??ntTOT states without the written consent of his parents or guard- 
 
 |u"rdiaM?" ^™ians: Provided, That such minor shall have such parents 
 
 or guardians entitled to his custody and control. 
 
101 
 
 Sec. 2. That in case any officer knowingly violates the Penalty for 
 provisions of this act by the enlistment or a muster of a fa^Sj "ws law'"' 
 minor, he shall be liable to be arrested and tried by a court- 
 martini, and, upon conviction, shall be dismissed from the 
 service, or suffer such other punishment as such court may 
 direct. 
 
 Chapter 112.— Approved May 18, 1872.— FoL 17, p. 134. 
 
 AN ACT rnaliiiifi; appropriations to supply doficiencies in the appropri- 
 ations for the service of the Government for the fiscal year ending 
 June thirty, eighteen hundred and seventy-two, and for former years, 
 and for other purposes. 
 
 Seo. 2. That the proper accounting offtcers be, and here- t^ta wtmenTo 
 by are, authorized and required, in the settlement of alluo settled with- 
 accounts for the services of laborers, workmen, and mechan- ?edvfotfon" ^iti 
 ics, employed by or on behalf of the Government of the ''""•s ot labor. 
 United States, between the twenty-fifth day of June, eight- tio'u beio™."*™'^ 
 een hundred and sixty-eight, the date of the act constituting 
 eight hours a day's work for all such laborers, -workmen, 
 and mechanics, and the nineteenth day of May, eighteen 
 hundred and sixty-nine, the date of the proclamation of the 
 President concerning such pay, to settle and pay for the 
 same, without reduction on account of reduction of hours 
 of labor by said act, when it shall be made to ajjpear that 
 such was the sole cause of the reduction of wages,* and a 
 sufficient sum for said purpose is hereby appropriated out 
 of any money in the Treasury not otherwise appropriated. 
 
 "By the President of the United Stales of Jmei-ica. 
 
 A PliOCLAMATION. 
 
 Whereas the act of Congress approved June twenty-fifth, eighteen 
 hundred and sixty-eight, constituted, on and after that date, eight hours 
 a day's work for all laborers, workmen, and mechanics employed by or 
 on behalf of the Government of the United States. 
 
 And -whereas on the nineteenth day of May, in the year one thousand 
 eight hundred and sixty-nine, b.v executive proclamation, it was directed 
 that from and after that date no reduction should be made in the wages 
 paid by the Government by the day to such laborers, workmen, and 
 mechanics on account of such reduction of the hours of labor. 
 
 And whereas it is now represented to me that the act of Congress and 
 the proclamation aforesaid have not been strictly observed by all ofScers 
 of the Government having charge of such laborers, workmen, and me- 
 chanics : 
 
 Now, therefore, I, Ulysses S. Grant, President of the United States, 
 do hereby again call attention to the act of Congress aforesaid, and direct 
 all officers of tho cxcutive department of the Government havingcharge of 
 the employment and payment of laborers, workmen, or mechanics em- 
 ployed by'or on behalf of the Government of the United States to make 
 no reduction in the wages paid by tho Government by the day to such 
 laborers, workmen, and mechanics on account of the reduction of the 
 hours of labor. 
 
 lu testimony whereof I have hereunto set my hand, and caused the 
 seal of the United States to be affixed. 
 
 Done at the city of Washington this eleventh day of May, in the year 
 of our Lord one thousand eight hundred and seventy-two, and of the 
 Independence of the United States the ninety-.sixth. 
 
 fSEAL.] U. S. GRANT. 
 
 By the President : 
 
 Hamilton Fish, Secirtai-ii of State. 
 
102 
 Chapter 256. — Apjjroved Junel, 1872. — Vol. 17, p. 202. 
 
 AN ACT making appropriations for the service of tbe Post-Office Depart- 
 ment for the year ending June thirty, eighteen hundred and seventy- 
 three. 
 
 Persons here- SeC. 5. That it Shall not be lawful for any person who 
 
 officers ^^&c!"'in®^^^^ hereafter he appointed au officer, clerk, or employee 
 
 any Executive in any of the Executive Departments to act as counsel, 
 
 to Mb^a^'^coun'sei attorney, or agent for prosecuting any claim against the 
 
 in certain eases United Statcs wliich was pending in said Department 
 
 -wi in, &c. -^^iiiie he was said officer, clerk, or employee, nor in any 
 
 manner, nor by any means, to aid in the prosecution of any 
 
 such claim, within two years next after he shall have ceased 
 
 to be such officer, clerk, or employee. 
 
 Chaptee 288. — Approved June 4, 1872. — Vol. 17, p. 220. 
 
 AN ACT granting to the Davenport and Saint Paul Eailroad Company the 
 right of way. 
 
 Davenport and That the Davcnport and Saint Paul Eailroad Company, a 
 oo!"*may^ '^afs Corporation existing under the laws of the State of Iowa, be, 
 their cars over and is hercby/authorized, upon the payment of one- third of 
 the'^MfsSppithe cost of the bridge over the main channel of the Missis- 
 l8ianan'xm"&'o''®^PP' ^^'^^^ ^^ Rock Island, and shall also be liable for and 
 npon, c. p^y one-third of the cost of keeping the same in repair, to 
 pass the cars of the said Davenport and Saint Paul Eailroad 
 Company over said bridge, with the same rights and privi- 
 leges, and subject to the same restrictions, that are or may 
 be exercised or enjoyed by any other railroad company. 
 Mav maintain Seo. 2. That upou the payment into the Treasury of the 
 briaJe°Lipon!&c.'' United States of one half of the money referred to in section 
 one of this act, and the payment to the Chicago, Rock Island, 
 and Pacittc Eailroad Company of the remaining half of said 
 sum of money, said Davenport and Saint Paul Railroad 
 Company shall be authorized to construct and maintain its 
 own track and bridge from the east end of the bridge first 
 above mentioned to the city of Eock Island in the State of 
 Proviso. Illinois: Provided, hoivever, That the same shall be done 
 
 without any expense to the Government of the United States, 
 and under the direction and shall continue under the control 
 of the Secretary of War. 
 The Secretary Sec. 3. That iu casc any railroad companies authorized 
 mii^^ume-taues^^y.'^^^ t° ^™®^ ^^^^ Government bridge cannot a^ree upon 
 If the roads can- a time table to control the running of their respective trains 
 not agree. thercou, the Secretary of War shall determine the question 
 
 of difference, and fix the time for trains: Provided, That 
 Where bridge the point where said bridge shall strike the Illinois shore 
 g}?^'^.f^^«^ *•»» shall be not more than two hundred feet from tbe present 
 When to be Government wagon-bridge: And provided also. That said 
 completed. track and bridge shall be completed within two years from 
 otherroadsmay the passagc of this act. And when completed- any other 
 use, upon, &c. railroad company or companies shall be permitted, under 
 the direction of the Secretary of War, to pass their trains 
 of cars over said last-named bridge and track and approaches 
 
103 
 
 thereto, upon paying to the parties then in interest their 
 
 proportionate share of the cost thereof, and of keeping the 
 
 same in repair: And provided further, That nothing eon- Eights of tie 
 
 tained in this act shall be so construed as to interfere with^fl^eJea^'"'"''"'' 
 
 any right or claim of the United States to control so much 
 
 of the original line or bridge as is located east of the main 
 
 channel of the Mississippi Kiver. 
 
 Sec. 4. That the Davenport and Saint Paul Railroad Davenport and 
 Company shall have the right to use the approaches to said cTmlj'i^'S- 
 bridge, and in case the parties hereto cannot agree upon the ^r^^""^"^ *" 
 terms for using said approaches to said bridge, then, and in " ^''' ''' 
 that case, the same shall be fixed by the Secretary of War, 
 upou such terms and in such manner as he may deem just 
 and proper. 
 
 Chapter 316. — Approved June 6, 1872.— Vol. 17, p. 261. 
 
 AN ACT making appropriations for the support of the Army for the 
 year endinn; Juiife thirty, eighteeu Iiiindredaud seveuty-three, and for 
 other purposes. 
 
 For experiments and tests of heavy rifled orduauce, two Heavy nfled 
 
 hundred and seventy thousand dollars: Provided, That this '"'^°™"^-,^,^ 
 
 appropriation shall be applied to at least three models of prorrTation\o^bo 
 
 heavy ordnance, to be designated by a board of officers to "pp^'^'I- 
 
 be appointed by the Secretary of War, which report^ shall 
 
 include both classes, breech and muzzle loading cannon, and 
 
 the powder and projectiles necessary for testing the same 
 
 shall be supplied from stores on hand. 
 
 # # * # * * 
 
 For manufacture of arms at the national armory, one Manufacture of 
 hundred and fifty thousand dollars : Provided, That no part '^'^"'^■ 
 of this appropriation shall be expended until a breeeh-loadiug cx^ouSed' *untu! 
 system for muskets and carbines shall have been adopted &c., breech-ioad^ 
 for the military service upon the recommendation of the muskots.'Tc., be 
 board- to be appointed by the Secretary of War, which board a'loptedbyboard, 
 
 T 11 • j_ J? i 1 ii jp iS- .£• 11 to consist of, &o. 
 
 shall consist ot not less than five officers, as lollows : one 
 geheral officer, one orduance officer, and three officers of the 
 line, one to be taken from the cavalry, one from the infan- 
 try, and one from the artillery : And j)rovided further, That /■''f^'" ■h'^f^ 
 the system, when so adopted, shall be the only one to be only "one" to^be 
 used by the Ordnance Department in the manufacture of jj»^'^^'''j^'j!^^°»™5- 
 muskets and carbines for the military service: and no' ' 
 royalty shall be paid by the Government of the United 
 States for the use of said pateut to any of its officers or em- 
 ployees, or for any patent in which said officers or employees 
 may be directly or indirectly interested. 
 
 Chapter 321. — Approved June 7, 1872. — Vol. 11, p. 262. 
 
 AN ACT to continue the act to authorize the settlement of the accounts 
 of othcers of the Army and Navy. 
 
 That the act to authorize the settlement of the accounts. Act autboriz- 
 of the officers of the Army and Navy, approved June twenty- mifnt Vaccoiufs 
 
 ' For the reports of the boards convened in pursuance of this enact iiient, 
 see the annual report of the Chief of Ordnauce of October 21, 1872. 
 -The board is now in session, October, 1872. 
 
104 
 
 of officers, &c., third, eighteen hundred and seventy/ shall continue and be 
 extended. jj^ f^.^^ £qj. ^^^q years tVoui June twenty-third, eighteen 
 
 hundred and seventy-two and no longer. 
 
 Chapter 3i8.— Approved June 8, 1872.— Foi. 17, p. 337. 
 
 A>f ACT to amend the fifth section of an act entitled "An Act making 
 appropriations for the legislative, executive, and judicial expenses of 
 the Government for the year ending June thirtieth, eighteen hundred 
 and seventy-three, and for other purposes 
 
 Law leqairiDR That the fifth sectiou of the act approved May eighth , eight- 
 proceeds of sales een hundred and seventy-two,^ making appropriations for the 
 ?e°covbred"tato legislative, executive, and judicial expenses of the Govern- 
 &'o^^?t'to7ppiy™^'^''^'°^*'^® year ending June thirtieth, eighteen hundred 
 tocertainmateriand sevcnty-three, shall not be held to apply to materials, 
 to repeai,''&c.°°' storcs, or supplics sold to officcrs and soldiers of the Army, 
 or to exploring or surveying expeditions authorized by law, 
 and that said section shall not be held to repeal such 
 part of paragraph one thousand and thirty-two, Revised 
 , Army Eegulations of eighteen hundred and sixty-three, as 
 
 provides that expenses of sales of military stores or supplies 
 regularly condemned will be paid from their proceeds. 
 
 Chapter 4:23.— Approved June 10, 1873.— FoZ. 17. p. 380. 
 
 AN ACT to authorize the sale of certain public property. 
 
 The Secretary That the Secretary of War be, and he is hereby, author- 
 
 hiTe^t'°bfdder^^®*^ ^^^ directed to sell, in whole or in such subdivisions- 
 
 the foUowing &r- as shall, in his opinion, secure the greatest amount of money,. 
 
 champiain^N^th 'hither by public auction or by inviting proposals for the 
 
 Carolina, Mount purchase thereof, and in either case to the highest bidder,. 
 
 dilcoial' anl^cer- all the landsaud tenements belonging to the United States,. 
 
 I'nds "&'*"'^1n^* Kome, New York; Vergennes, Vermont; Fayetteville,. 
 
 Loais'iana,Texa8! North Carolina; Mount Vernon, Alabama; and Chattahoo- 
 
 and Georgia. chec, Florida, now or heretofore used for arsenal purposes,. 
 
 andknown, respectively, as Eome arsenal, Champlain arsenal, 
 
 North Carolina arsenal. Mount Vernon arsenal, and Apala- 
 
 chicola arsenal; also the captured lands and tenements 
 
 belonging to the United States at Shreveport, Louisiana; 
 
 Marshall and Jefferson, Texas ; and in Marion and Davis 
 
 Counties, Texas; and a tract of forty acres of land, more or 
 
 less, situated r.bout two and one-half miles from the present 
 
 United States arsenal at Augusta, Georgia, which comprises 
 
 the site of the old United States arsenal and any adjoining 
 
 land purchased by the so-called " Confederate States," which 
 
 fell to the United States as captured property, and which 
 
 has not hitherto been sold, and all the material and buildings 
 
 of the powder-works erected by the so-called "confederate" 
 
 government thereon : Provided, That no sale shall be made 
 
 1 Chap. 153, act June 23, 1870, ante. 
 '' Chap. 140, act May 8, 1872, ante. 
 
105 
 
 under this act until the time, terms, place, and mode thereof Notice to be 
 shall have been published in one of the principal newspapers ve?tifJmTntf &t 
 in the city of Washington, in two of the principal papers 
 printed at the capital of the State, and one paper printed 
 In the county in which the arsenal or lands to be sold are 
 situated, for the space of sixty days prior to the sale. If no 
 newspaper is printed in the county where the property to 
 be sold is situated, then the notice shall be published in a 
 newspaper printed in any adjoining county. 
 
 Sec. 2. That the terms of payment for the property above Terms of pay- 
 directed to be sold shall be in all cases not less than one- ™''°*- 
 fourth cash and the remainder on a credit of one, two, and 
 three years, with interest at six per centum per annum, 
 secured by land [bond] and surety from the purchaser or 
 purchasers ; and the Secretary of War is empowered and Deeds to be ex- 
 required, on receiving the purchase-money in fuU, to execute ""^"*''<'- 
 all necessary deeds of said property to the purchaser or 
 purchasers thereof on behalf of the United States. 
 
 Sec. 3. That the proceeds of said sales, after paying the proceeds of 
 necessary expenses thereof, shall, upon receipt of the same, '^'^^"^ '^^'^^' ^''■ 
 be paid by the Secretary of War into the Treasury. 
 
INDEX 
 
 A. 
 
 ABSENCE. Pag». 
 
 Of chiefs of Bureaus 29, 83 
 
 Officers absent over six months from their appropriate duties not aJloTred allowances for 
 
 servants, forage, transportation of baggage, fne), or quarters, nor for commntation of same. 53 
 Tliirty days' leave of, for other causes tlian sickness or wounds, may be allowed officers each 
 
 year, without deduction from pay or allowances 70 
 
 Or death of heads of Departments and Bureaus 83 
 
 ACCOUNTANT OF WAR DEPARTMENT. 
 
 Money accounts to be rendered to, (in 1813) , 34 
 
 OfiBceof, abolished, (1817) 18 
 
 ACCOUNTING OFFICERS OF THE TREASURY. 
 
 Decisions of, final and conclusive on the executive branch, of Government, and subject only 
 
 to the revision of Congress 20 (note,) 80 
 
 Not to allow accounts or charges growingout of commissions or inquiries, except courts-mar- 
 tial or courts of inquiry, until special appropriations for the purpose have been made 36 
 
 Not to allow salaries of two different offices at the same time to one individual 42 
 
 Credits to be allowed by, in accounts of disbursing officers of Army and Navy, arising since 
 commencement of rebellion and prior to August 20, 1866, for overpayments, and for losses 
 
 of funds, Vouchers, property, &c 90 
 
 This enactment to remain m force two years from June 23, 1870 91 
 
 This enactment to remain in force two years from June 23, 1872 103 
 
 Accounts of military and naval officers may be closed whenever it is thought by, to be to 
 
 the interest of the United States to do so ; but no settlement to exceed $S,000 91 
 
 This enactment to remain in force two years from June 23, 1870 91 
 
 This enactment to remain in force two years from June 23, 1872 103 
 
 ACCOUNTS. 
 
 To be rendered to the accountant of the "War Department, (1813) 14 
 
 All, in which United States are concerned as debtor or creditor to be settled in the Treasury 19 
 All, in relation to pay and clothing, subsistence of officers, bounties and premiums, military 
 and hospital stores, and the contingent expenses of the "War Department, to be examined 
 by the Second Auditor, and the accounts and balances certified by him to the Second 
 
 Comptroller 19 
 
 Adjusted, to be received from the Second Comptroller by Second Auditor, and preserved. . . l!> 
 Settled by Second Auditor, to he examined by Second Comptroller, and balances tliereon cer- 
 tified by Second Comptroller to the Secretary of "War 20, 80 
 
 Such balances so certified to be final and conclusive on the executive branch of Govern- 
 ment, and subject only to the revision of Congress or the proper courts ..". 20 (note,) 80 
 
 Manner and form of keeping and stating, to be proscribed by Second Comptroller 20 
 
 Second Comptroller to superintend presei*vation of such, as are subject to his revision 20 
 
 Second Auditor, in examination of, may administer oaths or aflarmations 20 
 
 Prpceedin^s against disbursing officers failing to render 23 
 
 Of disbursing officers how to he rendered 25, 58 
 
 Failing to render, &c., to be reported for dismissal 26 
 
 Defaulting officers, upon accounting satisfactorily, may be continued in office 26 
 
 False swearing in relation to 26 
 
 Of disbursing officers to be rendered monthly 58 
 
 To be mailed within ten days from the end of each month 58 
 
 To be sent to Bureau to which they pertain, and thence forwarded to Treasury 58 (note,) 78 
 
 If not received in time, satisfactory evidence of compliance with act to be furnished 58 
 
 Delinquents to be deemed defaulters 58 
 
 Time lor rendering may he extended by Secretary of the Treasury 59 
 
 Other returns relative to, may be required by heads of Departments 59 
 
 Of commanding officers of companies, now settled in cases of deficiency, or loss of vouchers 
 
 or company hooka 60 
 
 Of line officers of the Army, how may be settled by affidavit in certain cases 79 
 
 Of disbursing officers, how may be settled in case of loss of vouchers; funds, or property. .72, 91, 103 
 Of military and naval officers, line and staff, may be closed by the accounting officers of the 
 
 Treasury, within two years, if accounts do not exceed $5,000, &c 91. 103 
 
 ADVANCBB. 
 
 Of public moneys not permitted in any case whatever 2.'( 
 
 On contracts foi' services or supplies, nut to exceed value of services rendered or articles 
 
 furnished 25 
 
 To disbursing officers, and to officers on lemote stations, may be made when especially 
 
 directed by the President 25 
 
 ADVERTISING. 
 
 "Written authority for, to be obtaii.ed from head of Department in all cases !»3 
 
 Copy of such written authority to accompany each account for 9.J 
 
 Proposals for contracts to bfe advertised. {See Contracts.) 
 
 Sol 
 
108 
 
 AGENTS. 
 
 For claims before Executive Departments or Bureaus, to take oath of allegiance 60 
 
 OfBcers of the United States, and persons iu or under the Executive Departments, or uuder 
 thp Senate or House of Representatives, prohibited from acting as, in prosecuting claims 
 
 against the United States 43 
 
 But this prohibition not to apply to prosecution or defense of suits in judicial courts of the 
 
 United States 45 
 
 Members of banking or other corporations or mercantile firms not to act as, for the United 
 
 States in dealings with such corporation or firm 64 
 
 Members of Congress, heads of Departments or Bureaus, or clerks or officers of the G-overn- 
 ment not to receive compensation for services rendered to any person in relation to any 
 proceeding, contract, claim, controversy, charge, accuaation, arrest, or other matter in 
 which the United States is a party, or directly or indirectly interested, before any Depart- 
 ment, court- martial, Bureau, officer, or any civil, military, or naval commission whatever . 69 
 No person hereafter appointed an officer, clerk, or employ6 in any Executive Department 
 shall act as counsel, attorney, or agent for prosecuting any claim against the United States, 
 ■which was pending in said Department while he was such officer, clerk, or employ6, nor 
 shall he aid in such prosecution within two years after he has ceased to be such oificer, 
 
 clert, or employ^ 102 
 
 APPOINTMENTS AND PEOMOTIONS. {See Promotions.) 
 APPROPRIATIONS. 
 
 Annual, of $300,000, for arming and equipping the militia 10 
 
 Not liable to be carried to the surplus-fund 18, 92 
 
 For fortifications, arsenals, armories, munitions of war, &c., not to be applied to any other 
 
 object of expenditure 21 
 
 Unexpended balances of, to be carried to the surplus-fund SI, ^,92 
 
 Money so carried not afterward available without special appropi'iation by law 42 
 
 For the War Department, to be drawn upon by warrants of the Secretary of the Treasury on 
 requisitiona of the Secretary of War, countersigned- by the Second Comptroller, and regis- 
 tered by the proper Auditor 25 
 
 Statement of, toi preceding year, to be laid befpre Congress annually 21 
 
 Amount of, also expenditures and balances, to be shown 21 
 
 Probable outs tan dingdemands on, to be estimated 22 
 
 Warrants on, for War Department, how drawn 25 
 
 Transfer of appropriations between diffiarent branches of any Department prohibited 43, 79 
 
 Estimates of. {See Estimates of Appbopeiations.) 
 
 For specific objects for one fiscal year, not to be applied to other objects after close of that 
 
 year , 43 
 
 Ail acts authorizing transfers of, from oue branch of a Department to another branch of 
 
 .1 ' expenditure in the same Department, repealed 79 
 
 No money appropriated for one purpose to be hereafter used for any other purpose than 
 
 ■ -r: that for which it is appropriated 79 
 
 ' ,, Balances of, at end of fiscal year, to be applied only to payment of expenses incurred or for 
 
 j' . fulfillment of contracts properly made within that year 92 
 
 This enactment not to apply to permanent or indefinite appropriations 92 
 
 Unlawful to expend in any one fiscal year a sum greater than the appropriations made for 
 that fiscal year, or to involve the Government in any contract for future payment of money 
 
 in excess of such appropriations 93 
 
 For experiments and tests of heavy rified ordnance 103 
 
 ARMING AND P^QDIPPING THE MILITIA. 
 
 Annual appropriation of $300,000 for 10 
 
 Not liable to be carried to the surplus-fund 18, 92 
 
 Not tranaferoble to other branches of expenditures IS, 79 
 
 Arms to be transmitted to the States and Territories i , 10 
 
 To be distributed in proportion co the number of effective militia in each State and 
 
 Territory 10 
 
 Distribution to States to be according to the number of Senators and Representatives in 
 
 Congress 47 
 
 Distribution to Territories and District of Columbia, how made 48 
 
 ARMORERS, MASTER. 
 
 One to be employed at each national armory 5 
 
 To be appointed by the President 5 
 
 Pay of (jSeePAY, Emoluments, and Allowances.) 
 ARM()RIES, NATIONAL. 
 
 To be established at certain arsenals, (1794) 5 
 
 Appropriation for expense of, for one year 5 
 
 Annual account of expenses of, and of manufacture and repair of arms at, to be laid before 
 
 Congress 6 
 
 May be established in 1798 6 
 
 Placed under the direction of the Ordnance Department, (1815) 16 
 
 Superintendents of, abolished in 1842 32 
 
 Superintendents of, authorized in 1853 46 
 
 Harper's Ferry Armory directed to be sold 87 
 
 ARMORY, NATIONAL, ON WESTERN WATERS. 
 
 Board to examine the most suitable site for, and report to Congress 26 
 
 ARMS. , 
 
 Annual account of manufacture and repair of, at national armories, to be laid .before 
 
 Congress 6 
 
 ARMS FOR COLLEGES AND UNIVERSITIES. 
 
 The Secretarjr of War to Issue, at his discretion, and under proper regulations 96 
 
 Bonds to be given for care, safe-keeping, and return of arms, &c 96 
 
 ARMS TO BE SOLD TO STATES. 
 
 Accounts of sales to be laid before Congress 8 
 
 Deliveries not to be made until purchase-money is received, &.c 8 
 
 ARMY BUILDING, NEW YORK: 
 
 A suitable building to be hired in New York City for concentrating the business of the 
 g^uartermaster's, commissary, clothing, ordnance, medical bureau, and recruiting service 
 in said city 85 
 
109 
 
 AKitT BUILDING. NEW YORK-ContiDued. ^°'^^' 
 
 A suitable building or property in New York Harbor, having accommodation of warehonse, 
 pier, dock, and basm-roora, to be hired for the reception, storage, and care of all Army 
 
 stores belonging to either of said bureaus or branches of service B6 
 
 But not to prevent storage of ordnance stores or other property at Governor's leiand or 
 
 the use of any building or property belonging to the Government 86 
 
 AKEEARS. 
 
 No money to be paid as compensation to any person in, to the United States 27 
 
 Not to apply to balances arising from depreciation of Treasury notes 28 
 
 Balance due to-be reported to Solicitor for suit, within sixty days 28 
 
 ARSENALS. 
 
 The President authorized to establisli three or four, with magazines, in 1794 _ 5 
 
 Springfield and Cai-lisle, to be retained at his discretion 5 
 
 Appropriation for the erection and repair of 5 
 
 None to be erected until purchase of land, with consent of State legialatures 5 
 
 Appropriation for the erection of one or more on the western waters, (1803) 8 
 
 Additional authorized, (1808) 10 
 
 Augusta Arsenal, Georgia, site for, purchased 27 
 
 Augusta Arsenal, Georgia, sale of old site of, authorized 104 
 
 Saint Louis Arsenal, Missouri, site for, purchased 27 
 
 Sale of, authorized 84 89 96 
 
 Kennebec Arsenal, Maine, site for, purchased ' '27 
 
 The Secretary of "War authorized to abolish such, as he may deem useless or unneceasary . . 47 
 
 Columbus Arsenal, Ohio, established 57 
 
 Indianapolis Arsenal, Indiana, established . , 57 
 
 Rock Island Arsenal, Illinois. {See Rock Island Arsknal.) 
 
 Chattahoochee Arsenal donated to the State of Florida 96 
 
 Chattahoochee Arsenal, sale of, authorized 104 
 
 Bergen Heights Arsenal, New Jersey, sale of 98 
 
 Rome Arsenal, sale of, authorized 104 
 
 Champlain Arsenal, sale of, authorized 104 
 
 Eayetteville Arsenal, sale of, authorized 104 
 
 Mount Yeruou Arsenal, sale of, authorized 104 
 
 ARTIFICERS. 
 
 Authorized to be attached to regiments, corps, or garrisons 15 
 
 For the public service, enlistment of 37 
 
 ASSIGNMENT. 
 
 Of claims. (See Claims.) 
 
 Of contracts with the United States. {See Contkacts.) 
 ATTORNEY. {See Agents.) 
 ATTORNE Y-GE NER AL. 
 
 To examine titles of all sites purchased for arsenal, armory, navy-yard, &c., purposes, {see 
 
 Land) 31 
 
 To call on Executive Departments for statements of facts, circumstances, and evidence 
 
 touching all claims against the United States brought before the Court of Claims 80 
 
 Statements so furnished, to contain what 81 
 
 To provide counsel, if necessary, in the takingof testimony before judges or clerks of United 
 
 States courts, for use in settlement of claims in Executive Uepai'tmeuts 97 
 
 AUDITORS. 
 
 Offices of First, Second, Third, Fourth, and Fifth Auditors created in 1817 19 
 
 AUDITOR, SECOND. 
 
 To examine alh accounts relative to the pay and clothing of the Army, the subsistence of 
 officers, bounties and premiums, military and hospital stores, and the contingent ex- 
 penses of the "War Department, and certify the balances, and transmit the accounts to the 
 
 Second Comptroller 19 
 
 To receive from Second Comptroller, and preserve those accounts when finally adjusted 19 
 
 To keep all accounts of receipts and expenditures of money in regard to War Department, 
 
 as above, and of all debts due to the United States for money advanced 19 
 
 To record all warrants drawn by the Secretary of War on the above-named accounts 19 
 
 To make such reports on business as the Secretary of War may require 20 
 
 Empowered to administer oaths in matters of account 20 
 
 Certificates of, in regard to matters of account, to be evidence 20 
 
 To settle accounts of line officers of the Army by affidavit of such olficers in certain cases. . 79 
 
 AUGUSTA POWDER- WORKS. 
 
 Sale of, authorized 104 
 
 B. 
 
 BARRACKS. 
 
 Not to be constructed, unless detailed estimates have been submitted to Congress and a 
 
 specific appropriation made 51 
 
 BONDS. 
 
 President may increase and regulate bonds of disbursing officers and agents 22 
 
 Given under such regulations, to be valid and effectual 22 
 
 BOOKS, PERIODICALS, PAMPHLETS, &c. (^ee Contingent Fund.) 
 ^ BOUNTY-LANDS. 
 
 Granted to enlisted men of ordnance who nerved in Mexico 39 
 
 BREECH-LOADING SYSTEM. (5ee Muskets and Carbines.) 
 BREVETTED OFFICERS. 
 
 While on duty to wear uniforms of their actual rank 94 
 
 Not to be addressed in orders or official communications by any title other than that of their 
 
 actual rank 94 
 
 BRIBERY. 
 
 jittempts to bribe public officers, and the receiving of bribes by public officers 44 
 
 Of members of Congress, and officers and agents of the Government, for procuring contracts, 
 or official action of any kind, by the offer or acceptance of any valuable consideration 
 
 whatever 57 
 
 Coiitiacts thus obtained may be annulled by the President 58 
 
110 
 
 Page. 
 BEXBERY— Continnecl . 
 
 This provision extended to all agents of the Government CI 
 
 See chapter 119, June 11, 1864 69 
 
 BUILDINGS AND IMPKOVEMENTS. 
 
 No contract for the erection, repair, or furnishing of public buildings, nor for any public im- 
 provement whatever, to be entered into whereby the Government shall be bound to pay 
 
 a larger sum of money than what is specifically appropriated for the purpose 84 
 
 Officers making such "coritracts to be punished" by fine and imprisonment 84 
 
 C. 
 
 CANNON, &c. 
 
 A person to superintend the manufacture of, at the several founderies 33 
 
 Pay and emoluments not to exceed those of a major of ordnance 33 
 
 No new cannon nor small-arms to be purchased in 1868, 1869, and 1870 80, 89, 93 
 
 Heavy rifled ordnance, experiments with 103 
 
 CAPTURED LANDS IN LOUISIANA AND TEXAS. 
 
 Sale of, authorized 104 
 
 CHECKS OF DISBURSING OFFICERS. 
 
 To be drawn in favor of the person to whom payment is to be made 49 
 
 For $30 may be drawn in favor of diubursing officer, stating it is to pay small claims ■. . 49 
 
 To be drawn only as required for payments to be made in pursuance of law 72 
 
 Duplicate checks, where amount does not exceed $1,000, when may be drawn 98 
 
 How claims collected when original check is lost or destroyed, and the disbursing ofEicer 
 
 dead or out of service 98 
 
 CHICAGO, rock: island, and PACIFIC RAILROAD COMPANY. (See Rock Island 
 
 Absenal.) 
 CHIEFS OF BUREAUS. 
 
 The President may empower certain officers to take charge of bureaus of War Department 
 
 during absence of. 29, 83 
 
 CHIEF OF ORDNANCE. 
 
 3:he office of, authorized in 1861 53 
 
 To be appointed hereafter by selection from the Ordnance Corps 75 
 
 CLAIMS. 
 
 By or against the United States to be settled in the Treasury Department 19 
 
 False swearing in support of, to bo punished as perjury ii6 
 
 Other persons than claimants to present warrants of attorney before receiving payment of . 37 
 
 "Warrant of attorney to be executed by claimant after enactment allowing claim 37 
 
 To refer to act, recite amount, and bo attested, &c 37 
 
 Assignment and transfer of, how to be made 43 
 
 Powers of attorney, orders, &c., for collection of, to be executed after allowance of claim, 
 
 the ascertainment of the amount due, and the issuing of a warrant for payment thereof- . 43 
 
 Officers of the United States, and persons in or under uie Executive Departrtients, or under 
 the Senate and House of Representatives, prohibited from acting as agents or attorneys 
 for, or assisting in, or receiving any gratuity for, the prosecution of claims against the 
 
 United States, under penalty 43 
 
 But not to apply to prosecution or defense of suits in judicial courts of the United 
 
 States - 45 
 
 All persons prosecuting, before Executive Departments and Bureaus, to ta^ke oath of alle- 
 giance CO 
 
 False, fictitious, or fraudulent, knowingly made orpresentedby persons in the military or 
 
 naval service 61 
 
 Making or procuring false bill, receipt, voucher, entry, roll, account, statement, certifi- 
 cate, or affidavit, in support of ' 62 
 
 Making or procuring false oath in support of 62 
 
 Forging or counterfeiting signatures m support of 62. 
 
 Uttering or using forged or counterfeited papers knowingly 62 
 
 Conspiracy to deiraud the Government by obtaining allowance or payment on 62 
 
 Punishment maybe by court-martial 63 
 
 Discharge or dismissal not to relieve from liability to trial by court-martial 63 
 
 Punishment of persons who are not in the military or naval service 63 
 
 What courts shall have jurisdiction in such cases 63 
 
 Who may institute suit 63 
 
 Duties of district attorneys in respect to institution of such, suit 63 
 
 Arrest and bail of offenders 64 
 
 Prosecutor to receive half of forfeiture and all costs courts may allow 64 
 
 Prosecutor to be liable for bis own costs 64 
 
 Suit to be commenced within six years from commission of act 64 
 
 Application of this act as to outstanding liabilities of sureties ti4 
 
 In which the United States is a party, or directly or indirectly interested. No member of 
 Congress, head of Department or Bureau, clerk, or other officer of the Government, to re- 
 ceive compensation for services rendered in relation to, before any Department, court- 
 martial, Bureau, officer, or any civil, military, or naval commission whatever. •. ... 6& 
 
 Against the United States which accrued prior to April 13, 1861, not to be paid in favor of 
 
 Sarties who promoted, encouraged, or in any manner sustained the late rebellion 77 
 'or in favor of any person who was not known to be distinctly in favor of the suppres- 
 sion of the rebellion 77 
 
 Exception as to claims founded on contracts with the Departments, where such claims were 
 assigned to loyal citizens prior to April 1, 1861, in payment of debts incurred prior to 
 
 March 1,1861 77 
 
 Manner of obtaining testimony before judges or clerks of United States courts, for use in 
 
 settlement of claims in Executive Departments 97 
 
 Penalty upon witness for refusing to appear 97 
 
 Pay of witnesses 97 
 
 Penalty for peijury of witnesses 97 
 
 Counsel at such examination maybe provided by the Attorney General 97 
 
 Officers, clerks, and employes hereafter appointed in the Executive Departments, prohibited 
 from prosecuting any claim which was pending before such department while they were 
 employed therein, until two yeais have elapsed 102 
 
Ill 
 
 Page. 
 CLERKS AT NATIONAL ARMOKIES. 
 
 Pay of 32, 76 
 
 CLERKS IN DEPARTMENTS AND BUREAUS. 
 
 Annual list of, to be submitted to Congress 33 
 
 Extra pay, allowance, or compensation to, or otber officers, probibitetl 34 
 
 Chief clerks in Departments and Bureaus, duties of 34 
 
 Extra, not to be employed except during session of Congress, or to answer calls made by 
 
 either House of Congress ". 35 
 
 And in neither case except by order of the head of the Department 35 
 
 I Pay of, for copying, $'S per day 35 
 
 For an;^ other service, $4 per day 35 
 
 Not to receive salary of Secretary or head of Bureau for acting in place of same, &c 40 
 
 Classification and salaries of 45 
 
 To be examined before appointment 46 
 
 Of whom board of examiners composed 4fj 
 
 Prohibited from receiving compensation for services rendered to any person in relation to 
 any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter 
 in which the tjnited States is a party, or directly or indirectly interested, before any De- 
 partment, court-martial, Bureau, officer, or any civil, military, or naval commission what- 
 ever 69 
 
 Prohibited from soliciting contributions from officers or employes for gifts or presents to 
 
 those in superior official position 90 
 
 Prohibited from making presents to official superiors 90 
 
 Detailed to investigate frauds and irregularities, empowered to administer oaths to affidavits. DO 
 Hereafter appointed, prohibited from acting as counsel, attorney, or agent for prosecuting 
 any claim against the United States which was pending in the Department while he was 
 such clerk, or from aiding in any manner in such prosecution, within two years after ceas- 
 ing to be such clerk 103 
 
 -CLOTHING. 
 
 Exempted from allowances to master-workmen, (sergeants) 17, 57 
 
 €OAL AND "WOOD. 
 
 Purchased for United States in the District of Columbia, to be weighed and measured 9 L 
 
 COLUMBIAN ARMORY. 
 
 Erection of, authorized 4S 
 
 To be used for the care and preservation of the military trophies of the Revolution, and 
 other wars, and deposit of newly -in von ted and model arms of the military service, and 
 
 the arms of the District of Columbia militia 48 
 
 COMMISSARY-GENERA-L OF ORDNANCE, DEPUTIES AND ASSISTANTS. 
 
 Duties of 11, li 
 
 Assistant deputy commissaries of ordnance, number, &c 14 
 
 COMPENSATION. 
 
 Members of Congress, and all agents of the Government, prohibited from taking compen- 
 sation for procuring contracts, or offices or places under the Government, or for votes, 
 
 services, or decisions on matters brought officially before them 57, 6 L 
 
 Members of Congress, heads of Departments and Bureaus, clerks, and other officers of the 
 Government prohibited from receiving compensation for services rendered to any person 
 in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or 
 other matter in which the United States is a party, or directly or indirectly interested, 
 before any Department, court-martial, Bureau, officer, or any civil, military, or uaval 
 
 commission whatever 69 
 
 Clerical or official, not to be paid out of contingent, incidental, or miscellaneous appropria- 
 tions 9:2 
 
 COMPTROLLER, SECOND. 
 
 All contracts to bo deposited in office of, within ninety days 7 
 
 To examine accounts settled by Second Auditor, and certify balances theroon to the Secre- 
 tary of War 20 
 
 Such balances so certified to be final and conclusive on the executive branch of the Gov- 
 ernment, and subject to revision only by Congress 20, (note,) 80 
 
 To countersign warrants drawn by the Secretary of War for public funds 20, 25 
 
 To report to the Secretary of War the official forms for disbursing money and keeping and 
 
 stating accounts 20 
 
 To superintend the preservation of the accounts that are subject to bis revision 20 
 
 To state the accounts of delinquent disbursing officers to the Solicitor of the Treasury for 
 
 suit 23 
 
 To countersign requisitions of Secretary of War for public funds 25 
 
 CONSPIRACIES. 
 
 To cheat or defrajid the United States by obtaining payment of fraudulent claims 62 
 
 To commit any ofl'euse against the laws of the United States, or to defraud the United 
 States, and oue party to the conspiracy does any act to effect the object thereof, the parties 
 so offending to be fined and imprisoned 76 
 
 CONTINGENT FUND. 
 
 No executive officer, except heads of Departments, to apply more than $30 annually out of 
 the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or 
 other books or prints not necessary for the business of his office 31 
 
 Not exceeding ^100 per annum shall be applied by each Department for the purchase of 
 newspapers for such Department and all the Bureaus and offices connected therewith. . . 35 
 
 Such p:ipera to be preserved as files for said Department 35 
 
 No books, periodicals, pictures, engravings, or maps to be purchased by any Department, 
 Bureau, or Office, unless the head of the Department shall deem them necessary, and by 
 written" order direct their purchase 35 
 
 No raessonger, assistant messenger, laborer, or other person to be employed in any Depart- 
 ment or Bureau, and paid out of the contingent fund 35 
 
 Detailed statement of the application of, in the Departments and Bureaus, to be submitted 
 at the commencement of every regular session of Congress 35 
 
 No money appropriated for contingent, incidental, or miscellaneous purposes, to be expended 
 or paid' for official or clerical compensation 92 
 
112 
 
 Pag& 
 
 co:ntracts. 
 
 To I)e made "by or under the direction of the chief officer of the War Department 7 
 
 To be depositen with the Second ComptroUer within ninety days from date 7 
 
 No memher of Congress to he interested in 9 
 
 Penalty, $3,000 9 
 
 The contract absolutely void '. 9 
 
 Money advanced to he repaid 9 
 
 Prosecution on refusal of repayment 9 
 
 Prohibition not to extend to incorporated companies, where contract is for the general 
 
 benefit 9 
 
 Nor to purchase or sale of hills of excbange or other property, where same is ready for 
 
 delivery, or paid for at time of making contract 9 
 
 To contain express condition that no member of Congress is interested in 9 
 
 Officers prohibited from entering into with members of Congress, underpenalty 9 
 
 Annual statement of, to belaid oefore Congress 10 
 
 !For all necessary supplies of ordnance and ordnance stores to be made by the Colonel of 
 
 Ordnance, under the direction of the Secretary of War 15 
 
 M"ot to be entered into without law or an appropriation adequate to fulfillment 22, 52, 53 
 
 Except contracts for subsistence, clothing, and quartermaster's stoi-es 23, 52, 53 
 
 Advances or payments on, not to exceed value of services rendered or articles delivered 25 
 
 Officers making such payments to he promptly reported and dismissed 25 
 
 False swearing in support of claims punished as perjary 26 
 
 Made by "War Department to be reported promptly to Congress, if in session 50, 59 
 
 If not in session, then at commencement of next session 50,59 
 
 Not to be made except in cases of pressingexigency SO* 
 
 For supplies or services in the Executive Departments, to be by inviting proposals except 
 
 wfien immediate delivery or performance is required 51, 52 
 
 How to he made when immediate delivery or performance is required 51, 52 
 
 The Secretary of "War to cause all, to be reduced to writing 54,60 
 
 Copy of each to be filed in Eeturns Office, Interior Department, with copies of all bids, 
 
 o^ers, and proposals, and of all advertisements having a relation thereto 54 
 
 Oath of officers sending such copies for file 55 
 
 Penalty for failure to send copies for file 55 
 
 lietums Office, Interior Department, to be the depository of copies of contracts. (See 
 Eeturns Office.) 
 Printed letter of instructions in relation to, to be prepared by Secretary of War, Secretary 
 
 of the Navy, and Secretary of the Interior, and distributed .*. 56 
 
 Blank forms of, and of affidavit to be prepared by Secretary of War, Secretary of Navy, and 
 
 Secretar J' of the Interior, and distributed 56 
 
 Members of Congress, and officers and agents of the Government, forbidden to receive con- 
 sideration foi' procuring, under penalty 57, S9 
 
 Penalty for offering such consideration 58 
 
 Contracts so obtained may be annulled by the President 5R 
 
 The above provisions extended to all agents of the Government 61 
 
 liist of, solicited from the Executive Departments to he published weekly in Washington . . 57 
 
 Subject-matter, terms, names of proposed contractors, and of persons known to be 
 interested therein, either directly or indirectly, aud of persons recommending the 
 
 making of such contracts, to he given in said advertisements 57 
 
 Not to be transferred, nor any interest therein 59 
 
 Such transfer causes annulment so far as the United States ia concerned , 59 
 
 But all rights of action for breach of such contracts reserved to the United States 59 
 
 .* Supplies furnished under, to be marked with name of contractor.. 59 
 
 No supplies to be received unless so marked _ 59 
 
 Persons fnrnishing military supplies under, to be subject to the rules and regulations of 
 
 war, and amenable to court-martial in certain cases 59 
 
 Contractors willfully concealing or falsely delivering public money or property 62 
 
 Making and delivering false certificates to defraud Government 62 
 
 Obligations and liabihties of sureties under act to prevent frauds 64 
 
 Members of firm or corporation interested in contracts thereof, not to act as agents of the 
 
 United States in dealings with such firms or corporations 64 
 
 Members of Congress, heads of Departments and Bureaus, clerks, and other officers of Gov- 
 ernment, prohibited from receiving compensation for services rendered to any person in 
 relation to an;^ contract or other matter in which the United States is directly or indirectly 
 interested, before any Department, court-martial. Bureau, officer, or any civil, military, or 
 
 naval commission whatever 69 
 
 For the erection, repair, or furnishing of any public building, or for any public improvement 
 whatever, not to be made to bind the Government for a larger sum than what is specifically 
 
 appropriated .". 84 
 
 Involving the Government in future payments of money on, in excess of existing appropria- 
 tions, rendered unlawful 93 
 
 COPIES OF RECORDS, &c., OF WAR DEPARTMENT. 
 
 Certified under seal, to be evidence equally as the originals 40 
 
 <;OURT OF CLAIMS. 
 
 Jurisdiction given to hoar and determine claims of paymasters, quartermasters, commissa- 
 ries, and other disbursing officers for relief on account of loss ot funds, vouchers, records, 
 
 or papers 72 
 
 The jittorney-General to call on Executive Departments, Bureaus, &c., for statements of 
 facts, circumstances, and evidence toucbing claims against the United States brought 
 
 before the Court of Claims fiO 
 
 Statement to contain what 81 
 
 Heads of Departments, in certain cases, may send claims, &c., to Court of Claims, to be pro- 
 ceeded' in as though originally voluntarily commenced there by claimant 81 
 
 Secretary of Treasury may send accounts, claims, &c., upon the certificate of any Auditor or 
 
 Comptroller, to tbe Court of Claims for trial 82 
 
 But cases only to be refeiTod over which the court would have jurisdiction if commenced bv 
 
 claimant "_ 82 
 
 Appeals may be taken in such cases to the Supi'eme Court \ ./.,,]]]... 82 
 
 Final judgments and decrees, how paid 82 
 
113 
 ». 
 
 Page. 
 DAMAGE TO ARMS. &c. . 
 
 By abuse or negligeuco, to be cbarged against delinquent officers or nip-n .' 16 
 
 Heport of, to be made to the colonel of ordnance once everv two months or oftener 16 
 
 DEPOTS. 
 
 Establishment of, for ordnance and ordnance stores, authorized in such parts of the United 
 
 States, and in such number as may be deemed necessiary 16 
 
 DISBURSING OFFICERS. 
 
 President may regulate and increase bonds of 2-2 
 
 Delinquent, in rendering accounts or paying over public moneys, to be reported and pro- 
 ceeded against aS 
 
 Proceedings against 23 
 
 President may direct advances to, in certain cases 25 
 
 Manner in wliich, shall render accounts. (See Accounts.) 
 
 Failing to render accounts, to be reported for dismissal 26 
 
 Dismissal of, «r failure to diamias, not to impair any security given to or obligation entered 
 
 into with the Government ' 26 
 
 False swearing touching expenditures of public moneys, to be perjury 26 
 
 In ari'ears to the United States, salary not to be paid to 27 
 
 Balance due from, to be reported to Solicitor by accounting officers, when requested 28 
 
 iNTot to allow accounts or charges grpwing out of commissions or inquiries, except courta- 
 martials and courts of inquiry, until special appropriations for the purpose have been made . 36 
 
 To keep accurate entries of public moneys received, paid, and transferred by tbem 33 
 
 Converting, using, investing, loaning, depositing, or exchanging public funds unlawfully, to 
 
 be embezzlement 38 
 
 Failing to pay over or prod nee public moneys, to he prima /acie embezzlement 38 
 
 Accepting or transmitting to the Treasury for allowance, a receipt or voucher on which the 
 full amount specified in the receipt or voucher has not been paid, to be deemed a conver- 
 sion by the, and punished 38 
 
 Persons advising or participating in sucli act, how punished 38 
 
 Evidence against, on indictment for embezzlement, what shall be 38 
 
 Paying eraploy§s less than provided hy law, and requiring receipt for greater amount than 
 
 paid, to be embezzlement, and punished 46 
 
 To deposit public funds received for disbursement, or otherwise, in hands of United States 
 
 Treasurer, assistant treasurer, or public depositary 49, 72 
 
 Checks by, to be drawn in favor of person to whom payment is to be made 49 
 
 But checks for 120 may be drawn in favor of disbursing officer, stating it is to pay small 
 
 claims 49 
 
 When duplicate checks may be issued by 98 
 
 To draw only as may be required for payments t,o be made in pursuance of law 72 
 
 Treasurer, assistant treasurers, and depositaries to keep funds deposited by 49 
 
 To deposit public funds not for disbursement with the Treasurer, assistant treasurer, or 
 
 sorao public depositary 49 
 
 To render money accounts monthly. (See Accounts.) 
 
 Court of Claimsmay determine claims of, for relief on account of losses of funds, vouchers, 
 
 . records, or papers "2 
 
 Depositing public money, or converting, or loaning, or withdrawing, or transferring the 
 
 same, except as authorized by law, declared embezzlement, and punished 72 
 
 How accounts of, may bo settled in case of overpayments, or loss of funds, vouchers, or 
 
 property - 90 
 
 lu the District of Columbia not to bo allowed credits for payments for wood or coal unless 
 the vouchers are accompanied by certificates of the authorized inspector, weigher, or 
 
 measurer : 91 
 
 DISCHARGED AND DISABLED SOLDIERS. 
 
 Preference in appointments to civil offices to be given to 70 
 
 Preference recommended for, in all private pursuits "^1 
 
 DISMISSAL OF OFFICERS. 
 
 For making advances or overpayments on contracts 26 
 
 The President may make, when the good of the service would be promoted thereby 59 
 
 Upon failure at second examination for promotion in Ordnance Corps 65 
 
 E, 
 
 ffilGHT-noUR LAW. 
 
 Act constituting eight hours a day 's work 82 
 
 Proclamation of the President of May 19, If 69, in reJation thereto 82 
 
 Proclamation of the President of May 11, 1872, in relation thereto 101 
 
 "Wages of certain workmen under, to be settled without reduction for rL'ductiou in hours of 
 
 labor 101 
 
 EMBEZZLEMENT. 
 
 Converting, using, investing, loaning, depositing, or exchanging public funds unlawfully, to 
 be ■'S 
 
 Failure to pay over or produce public moneys, to be prima facie embezzlement 38 
 
 Accepting or tiansmitting to the Treasury, forallo-wanre, a receipt or voucher on which the 
 
 full amount specified has not been paid, to be deemed 38 
 
 Persons advising or participatiua: in such act, punishment of 38 
 
 Evidence on indictments for, what shall be 38 
 
 Paying employes less than provided by law, andYequiring receipt for greater amount than 
 paid, to be ^'' 
 
 Failure on part of disbursing officers and others to deposit public funds, to be - 49 
 
 Failure on part of Treasurer, assistant treasurer, or public depositary to keep public funds 
 depositea with them, to be - - - 49 
 
 Depositing, converting, loaning, drawing, or transferring public money, by disbursing 
 officers, except as autlioi'ized by law, to be 72 
 
 Knowingly receiving any public money on deposit, or by way of loan or accommodation, 
 from any disbursing ofitieev or other agent of the United States, or using such money ex- 
 cept as authorized by law. or aiding in so doing, to be embezzlement, and punished 73 
 
114 
 
 rape 
 EMIG-RANTS. 
 
 To Oregon, Califoruia, or Incw Mexiuu, may purchase arms and ammunition from the United 
 
 States ' 40 
 
 EKXISTMENT. 
 
 Term of, to be hereafter for five years 89 
 
 Of minors without the consent oi parents or guardians, prohibited under penalty 100 
 
 ESTIMATES OP APPROPJRIATIONS. 
 
 Eor procuring ordnance and ordnance stores to be made by the Colonel of Ordnance 15 
 
 To embrace statement of appropriations for service of the year by former acta 22 
 
 Sources from which derived, and calculations upon which baaed, to be stated 34 
 
 Amounts that are conjectural to be discriminated from those founded on calculation 34 
 
 Reference to be made, by volume, page, and section, to law authorizing items in 34, 48 
 
 Where usual items vary materially in amount from preceding estimates, to be explained.. 36 
 
 "Where new items are introduced, to be explained 36 
 
 Such items as forts, public buildings, &c., requiring plans before erection, to be accompa- 
 nied by plana and detailed estimates 36 
 
 All subsequent estimates for such work to state what j 36 
 
 Muat designate the amounts required and the amount of outstanding appropriations 50 
 
 Indemnity to the States for expenses of enrolling, equipping, &c., troops for suppressing 
 
 the rebellion, to be estimated lor in 92 
 
 Printing and binding, suras necessary for, in each Department or public office, to be in- 
 cluded in the annual estimates of such Departments or public offices 99 
 
 EXTRA-DUTY MEN". 
 
 Soldiers employed as artificers or laborers at constant labor of not leas than ten days' dura- 
 tion, to receive, in addition to regular pay, compensation therefor as follows : 
 
 Enlisted men working as artificers as above to be paid 35 cents per day extra 74 
 
 Enlisted men working aa laborera aa above to be paid 20 cents per day extra 74 
 
 Non-commissioned officers employed aa overseers, not exceeding one overseer for every 
 
 20 men, to be paid 35 centa per day 74 
 
 Extra-duty pay not to be allowed to troopa of Engineer or Ordnance Department 75 
 
 EXTRA PAT, ALLO"V^ANCE, OR COMPENSATION. 
 
 None for disbursing public money, nor any other service, except aa allowed by law 31, 32 
 
 None to officers or others with fixed salaries 30, 32 
 
 None to clerks or other persona in Departments, except to watchmen and messengers 34 
 
 None to clerks in Departments, or other officers, for performing the duties of other clerks or 
 
 officera 34 
 
 None to be paid out of appropriations for contingent, incidental, or miscellaneous purposes., 92 
 
 F. 
 
 EALSE OR FICTITIOUS CLAIMS, &c. (See Claims ; Eorcers-.) ' 
 FORGERY. 
 
 Of signatures to bills, receipts, vouchers, accounts, claims, rolls, statements, affidavits or 
 depositions, by persons in the military or naval service, or other persona, or the knowingly 
 uttering or using such forged paper 62 
 
 Of any bond, bid, proposal, guarantee, security, official bond, public record, affidavit, or other 
 writings, and the knowingly utterinff or publishing such as true; or the knowingly pre- 
 senting the same to any oificer of the United States for the purpose of defraumug the 
 
 United Statea 71 
 
 rOUNDERIES. 
 
 May be established for the casting of cannon, in 1798 g 
 
 Pay and emolumenta of officer detailed for duty at vt 
 
 ERAlsf KINO PRI VILEGE. 
 
 liCttera and packets to and from the Commissary -General of Ordnance, on official business 
 to be free ' 14 
 
 All communications to heads of Departments or Bureaus, or chief clerks, or persons diify 
 authorized to frank official matter, on official business of the Department to which 
 addressed, to be free, without being indorsed " official business," or with name of writer 69 
 
 "Written autograph signature required on matter franked by persons entitled by law to the 
 
 franking privilege ad 
 
 FRAUDS. ■ ^ 
 
 Act toprevent,and punish, against the Government, (1863) 61 
 
 Act punishing forgery, alteration, and counterfeiting of bonds, public records,' &c! . .."/./. 71 
 
 FUEL. 
 
 All anthracite or bituminous coal, or wood, for civil, military, or naval service in the District 
 of Columbia, to be inspected and weighed or meaaured by a person appointed by the head 
 of a Department, or chief of the branch of the service for which the purchase is made 91 
 
 Duties and fees of the inspector, weigher, and measurer 91 
 
 Disbursing officers in the District of Columbia not to be aliowed'credita for pavineDta for 
 coal or wood, unlesa vouchers are accompanied by certificate of the inspector wei<i-her 
 and measurer ^ ' "^'w""'' 
 
 GIFTS. 
 
 Official or clerical supcriora prohibited from receiving, from subordinates 90 
 
 Iff. 
 HARPER'S FERRY. 
 
 Sale of lands, tenements, and water- privileges belonging to the United Statea at 87 
 
 1. 
 
 INDEMNITY TO THE STATES. 
 
 The cost of enrolling aubaisting, arming, equipping, &c., of troops employed in suwnressmtr 
 the rebeUion, may be allowed by the Secretary of the Treasury auppressmg 
 
 To apply to expenses incurred subsequent to July 21, 1861 ?i 
 
 The above enactment repealed ' jjT 
 
 ^hJSftw!'.''.!'!'^.^'''"^*'"^ °^ indemnifying the Statea" aaabov^'to' be submitted to Confess 
 
115 
 
 Page. 
 UTSPECTIOX OF UNSEKVICEABLE ORDNANCE STOKES. 
 
 To be by an inBpector-general, or such officer or officers as tlie Secretary of War may appoint, 
 
 (Actofl825) :....; J Ff . ^^ 
 
 rNTIENTORIES OF PROPERTY IN PUBLIC OFFICES AND GROUNDS. 
 
 To be made out and kept in proper books in the Executive Departments 95 
 
 To be reported to Congress anu ually 95 
 
 J. 
 
 JURISDICTION. 
 
 Consent of State legislatures to be obtained, before purchase of lands for arsenal purposes. 
 
 in 1794 ,:. ..,...,,.. 5 
 
 Executive Departments to apply to legislatures of various States for cessum of, over lands 
 
 within State limits owned by the TTnited States 31 
 
 Offenses committed in places ceded to and within the Jurisdiction of the TJnitei States not 
 
 profcibited, and for which a punishment is not specially provided by any law of the TTnited 
 
 States, how punished 71 
 
 LABORERS. 
 
 In Executive Departments, not to be employed or paid, unless authorized by law, exoopt- - - 3j 
 LAND. 
 
 Not to be purchased on account of the United States without authority of law 22 
 
 Attorn ey-G-eneral to examine title of all, purchased by the United States 31 
 
 To report his opinion of validity in each case to the President 31 
 
 To be fumishea with title-papers in each case, by all officers havinfj possession of same . . - 3 L 
 
 District attorneys to aasistthe Attorney-General in investigation of titles to, when called on- 3L 
 Executive Departments to procure additional evidence of title when requested by the 
 
 Attorney-General 31 
 
 Expense thereof to he paid out of contingent fund 31 
 
 To apply to State legislatures for cession of jurisdiction 31 
 
 If cession is refused, the fact to be reported to Congress 32 
 
 No money to be paid for, or expended upon, until title is declared valid by the Attorney- 
 General, and consent of the State legislature is obtained 31 
 
 Cutting, or watonly destroying timber on lands reserved for military purposes '>l 
 
 Offenses committed on lands of United States, which are not prohibited oy any law of the 
 
 United States, and for which no punishment is specifically provided, how punished 71 
 
 LEAVES OF ABSENCE. {See Absence.) 
 LOSS. 
 
 Of vouchers or company books, how accounted for by commanding officers of companies, in 
 
 settling their accounts 01 
 
 Of funds, vouchers, records, or papers, by disbursing officers, claims for relief on account of. 72, 90 
 
 M 
 
 MARKING. 
 
 Supplies furnished under contract to be marked with name of contractor 59 
 
 No supplies to be received unless marked with name of contractor 59 
 
 MEMBERS OF CONGRESS. (See also Contracts.) 
 
 Forbidden to have interest in contracts 9 
 
 Forbidden to take valuable consideration for procuring contracts, or offices or places under 
 the Government, or for votes, services, or decisions on matters brought officially before 
 
 them 57 
 
 This provision extended to all agents of the Government (il 
 
 Forbidden to receive pay for services in any matter where the United States is a party, or 
 is directly or indirectly interested, before Departments, court-martiala, bureau, officer, or 
 
 any civil, military, or naval conunissiou whatever (39 
 
 MUSKETS AND CARBINES. 
 
 A breech-loading system for, to be adopted for the military service 103 
 
 When so adopted to be the only one used by the Ordnance Department in the manufacture 
 
 of muskets and carbines for tlie military service 103 
 
 No royalty to be paid to any United States officers or employes on the system adopted. . . 103 
 
 MESSENGERS. 
 
 When extra pay may be allowed to 34 
 
 Not to be employed paid unless authorized by law 35 
 
 MILEAGE. 
 
 Officers traveling under orders to be allowed at the rate of ten cents per mile 95 
 
 MILITARY SITES. 
 
 All laws authorizing sales of, repealed 50 
 
 Cnttius: or wantonly destroying timber on lands reserved or purchased for 5L 
 
 MINORS. 
 
 Not to be enlisted or mustered into service without written consent of parents or guardians. 100 
 
 Officers knowingly violating this act liable to arrest aud trial by court-martial, &c 101 
 
 MOLINE WATER-i*OWER COMPANY. {See Rock Island A'rsenal.) 
 
 N. 
 
 KATIONAL ACADEMY OF SCIENCES. 
 
 To investigate, examine, experiment, and report upon such subjects of science or art as 
 
 may be referred to them by any Department of the Government 65 
 
 The actual expenses of such examination and experiment, how paid 05 
 
 NEWSPAPERS, PERIODICALS, &c. {See Contingent Fund.) 
 
 O. 
 
 OATH OF ALLEGIANCE. 
 
 Every person appointed or elected to office under the United States, to take 5fi 
 
 Persons prosecuting claims against Executive Departments and Bureaus, to take 60 
 
116 ■ 
 
 Page. 
 
 OATHS OR AFPIEMATIONS. 
 
 Second Auditor may adminiater, in matters of acconnt 2ft 
 
 Touching expenditures of public money, or in support of claims against the United States, 
 
 if false, to be pumsbed as penury - ^■--- S6 
 
 OfiGcers or clerks of Executive Departments detailed to investigate frauds or irregularities 
 
 of oflScers or agents of the United States empowered to administer oaths to affidavits 90 
 
 OFFICE OR PLACE UNDER THE GOVERNMENT. 
 
 Members of Congress, and officers and agents of the Government forbidden to receive any 
 
 valuable consideration whatever for procurement of, or aiding to procure 57, 91 
 
 ORDNANCE AND ORDNANCE STORES. 
 
 Purchase of, under the direction of the President, m 179S 6 
 
 Inspection, proving preparation, and issue of 11, 15 
 
 Contracts for, ana purchases of, to be made by the Colonel of Ordnance, under the direc- 
 tion of the Secretary of War 15 
 
 Damaged and unserviceable, to be sold after inspection 27 
 
 Inspection, by whom to be made 27 
 
 Sales of, to be under such regulations as may be prescribed by the Secretary of "War 27 
 
 Sales of, after offer at public sale on thirty days' notice, (1368) 87 
 
 ORDNANCE DEPARTMENT, ORGANIZATION, &c. 
 
 Eatablisbment of, in 1812 11 
 
 Organization of, in 1812, with rank and pay 11 
 
 Allowance to clerks of Commissary-General of Ordnance in 1812 11 
 
 Wheelwrights, carriage-makers, blacksmiths, and laborers authorized, and pay of 11 
 
 Duties of Commissary-General of Ordnance as to inspection and proving of all ordnance 
 and projectiles, constraction of carriages, inspection of powder, preparation of ammuni- 
 tion, &c 11 
 
 Commissary -General of Ordnance to execute all orders of Secretary of War 11 
 
 And in time of war, orders of general officers of any army or garrison 11 
 
 To make half-yearly return to War Department of all ordnance, &c., in garrisons, arse- 
 nals, magazines, posts, and camps 12 
 
 Certain officers to make half-yearly returns of ordnance, military stores, &c., to 12 
 
 To make report to Adjutant-General from time to time of artificers and laborers em- 
 employed 32 
 
 Commissary-General of Ordnance, assistants and deputies, duties of _ 11, 12 
 
 General regolations for, preparation of, directed 14. 17 
 
 Assistant deputy commissaries of ordnance, number, rank, and pay, &.c 14 
 
 Organization of, in 1815 * '. 15 
 
 Enlistment of master-armorers, master-carriage-makers, master-blacksmiths, artificers, 
 
 armorers, carriage-makers, blacksmiths, and laborers, authorized 15, 37 
 
 Duties of the Colonel of Ordnance as to proving and inspecting all ordnance and projectiles, 
 small-arms, and equipments, construction of cannon and carriages, inspection of powder, 
 
 preparation of ammnnition, &c 15 
 
 Colonel of Ordnance to furnish estimates, and, under direction of the Secretary of War, 
 
 to make contracts for and purchases of ordnance and ordnance-stores 15 
 
 Colonel of Ordnance to execute orders of the Secretary of War 15 
 
 And, in time of war, orders of general or field officers commanding armies, garrisons, or 
 
 detachments, for supplying ordnance and ordnance-stores 16 
 
 Colonel of Ordnance to make to War Department semi-annually, or oftencr, a report of all 
 
 officers, artificers, and laborers 16 
 
 General regulations for, direct-ed to be prepared in 1815 17 
 
 Ordnance-officers to receive pay and allowances of artillery 17 
 
 Clerks and stationery in, allowance for in 1815 ." 17 
 
 Organization in 1816 continued as then existing 17 
 
 Ordnance- officers to be assigned to their duties with the staff of the Army in the same man- 
 ner as engineers , '. 18 
 
 Mergence of, in the artillery in 1821 24 
 
 A supernumerary capt-ain attached to each of the four regiments of artillery to perform 
 
 ordnance-duty 24 
 
 Artillery-officers on ordnance-duty to be subject only to the orders of the War Deparment. 25 
 
 Re-ostablisbment of, in 1832 28 
 
 Ordnance-officers to receive pay and emoluments of artillery-officers 29 
 
 Officers and men of, to be subject to the Rules and Articles of War 29 
 
 Ordnance-sergeants, appointment, duties, and pay of 28 
 
 iJQcrease of, in 1838 29 
 
 Ordnance-officers to receive pay and emoluments of dragoons 29 
 
 To receive $10 per month for responsibility for clothing, arms, &c 30 
 
 Entitled to ten per centum increase of yearly pay for every five years' service 94 
 
 Ordnance-officers supersede the civil superintendents of national armories in 1842 32 
 
 Increase of, in 1847 39 
 
 Civil superintendents for the national ai'mories auttiorized in 1853 '. 47 
 
 Lieutenants of ordnance serving fourteen years as lieutenants to be promoted to captaincy 47 
 
 Increase of, in 1861 '. . 53 
 
 The office of Chief of Ordnance authorized in 1861 53 
 
 Ordnance- officers supersede the civil superintendents of national armories in 1861 54 
 
 Gradation of enlisted men of ordnance as sergeants, corporals, privates of the first class, and 
 
 privates of the second class 56 
 
 Increase of, in 1863 !.!.,!!"""" 65 
 
 Organization of, in 186G - 75 
 
 Six ordnance-storekeepers may be appointed and designated to act as paymasters at armor- 
 ies and arsenals 75 
 
 Ordnance-storekeeper at Springfield armory to have rank, pay, an^ emoluments of "major of 
 
 cavalry _ 75, 76 
 
 All other ordnance-storekeepers tohave rank, pay, and emoluments of captains of cavairy' 75, 76 
 
 Chief of Ordnance to be appointed hereafter by selection from the Ordnance Corns 75 
 
 ORDNANCE-SERGEANTS. 
 
 Appointment, duties, and pay of 28 
 
117 
 
 PAMPHLETS. PERIODICALS. PRINTS, &c. (See Contlngext Fusd.) " 
 PATENTED EIKE-ARMS AND INVENTIONS. 
 
 Purchase of, or right of using or making, prohibited, unless anthorized specifically by law. . 52: 
 
 This enactment repealed _ _ 53 
 
 No royalty to be paid to officers or employes of the United States for use of patented liniflkets 
 and carbines made at national armory, or for any patent in which they may be directly or 
 
 indirectly interested IO3 
 
 PAT, EMOLUMENTS, AND ALLOWANCES. 
 
 Of auperiutendents of national armories 5, 7, 18, 30 
 
 Master-armorers at national armories 5, 7, 30,' 32,' 49 
 
 Superintendent of military stores ', .'. ' ' 5 
 
 Of Commissary-General ot' Ordnance 11 
 
 Clerks to Commissary General of Ordnance 11 
 
 Deputy commissaries of ordnance 11,14 
 
 Assistant deputy commissaries of ordnance 11, 14 
 
 Master wheelwrights and carriage-makers 11, 17 
 
 Master-black smiths 11, 17 
 
 Wheelwrights, carriage-makers, blacksmiths, and laborers 11, 17 
 
 Superintendent-general of military supplies _ 13 
 
 Ordnance-ofldcere to be same as artillery, (1815 and 1832) 17, 29 
 
 Ordnance-officers to be same aa dragoons, (1838) 29 
 
 Master-armorer 17 
 
 Armorers, carriage-makers, and blacksmiths 17 
 
 Artificers and laborers 17 
 
 Ordnance-sergeants _ 28 
 
 Ordnance-officers allowed §10 per month for responsibility of clothing, arma, &c 30 
 
 Military storekeepers designated as paymasters " 30, 32, 33, 75, 76 
 
 (Jlerks at national armories _ 32, 76 
 
 Inspectors at national armories 32 
 
 Officers at the national armories limited to their pay and quarters 33 
 
 Extra clerks in the Executive Departments '. 35 
 
 Principal assistant in the Ordnance Office 41 
 
 Military storekeeper at Watertown arsenal 40 
 
 Military storekeepers in Oregon, California, and New Mexico 46 
 
 Sergeants, corporals, and first and second class privates in the Ordnance Depart ment-17, 57, 70, 75, 
 
 94, 100 
 
 Ordnance-storekeepers, (18C6) ' 75, 76 
 
 Officers of the Army, (1870) 94 
 
 Retired officers, (1870) 95 
 
 PENSION-LAWS. 
 
 Extended to enlisted men of the Ordnance Department 39 
 
 P'EEJURY. 
 
 False swearing in relation to expenditures of public money 26 
 
 In support of bairns against the United States 62 
 
 PLEDGING. 
 
 Receiving military stoves in pledge, how punished '. 62, 63 
 
 PRESENTS. (See Gifts.) 
 
 PRINCIPAL ASSISTANT IN ORDNANCE OFFICE. 
 
 Compensation of 41 
 
 PRINTING. 
 
 No Bureau officer to print at the public expense any report made to the President or head of 
 
 department 42 
 
 Of annual reports of Executive Departments 70 
 
 Form and style of, and of binding, lor Executive Departments, to be determined by the Super- 
 intendent of Public Printing 70- 
 
 Fifty copies of each publication issued by any Department or Bureau to be placed at the dis- 
 posal of the joint Committee on the Library of (jongress 78 
 
 Hereafter no envelopes, letter or note sheets for the use of Congress or any Department or 
 
 officer to be printed from steel or copper jdates or by lithogi'aphing 92 
 
 Estimates of sums necessary for printing and binding'in Executive Departments and public 
 
 offices for each fiscal year to be includnd in annual estimate hereafter 99 
 
 Congressional Printer to open an account with each Department and public office, on which 
 
 all printing and binding shall be changed against such Department or office 99 
 
 No printing or binding to be executed in excess of appropriations for the purpose 99 
 
 AlUiraitation as to number of congressional documents to be printed for the use of any head 
 
 of Department or public office removed 99 
 
 PROMOTIONS. 
 
 In staff departments or corps to be made as in other corps of the Army 41 
 
 Lieutenants of ordnance serving fourteen years as lieutenants to be promoted to captaincy. 4T 
 
 No officer to be promoted before those who rank him in his corps 47 
 
 In Ordnance Corps, below rank of field-officer to be made only after examination 65- 
 
 Examining board, of whom composed 65 
 
 Failure on examination to work suspension of promotion for one year 65 
 
 Failure on second examination to work dismissal from service , OS' 
 
 And appointments in Ordnance Corps prohibited until further directed by Congress 89 
 
 PUBLIC MONEYS. 
 
 Proceedings against disbursing officers failing to render accounts, or pay over 23- 
 
 For use oiWar Department to be drawn from Treasury by warrants of Secretary of Treas- 
 ury upon requisitions of Secretary of War, countersigned by Second Comptroller, and 
 
 registered by proper Auditor.. 25 
 
 Advances of, not to be made in any case whatever 25 
 
 Except to disbursing officers, and others, on remote stations, when specially directed by the 
 
 President 25 
 
 Payments of, on contracts and purchases, not to exceed value of services rendered or articles 
 
 clelivered 25 
 
 Officers making such payments to be promptly reported and dismissed 26 
 
 False sweariSig touching e'x]»eiidiluves of, tu be perjui-y 2& 
 
118 
 
 Page. 
 PUBLIC MO^^ETS— ContiDued. 
 
 Converting, using, investing, loaning, depositing, or exchanging nnlawfully to be embezzle- 
 ment 38 
 
 Pailnre to pay over or produce, to heprima facie evidence of embezzlement 38 
 
 Accepting, or transmitting to the Treasury for allowance, a receipt or voucher on wbicb the 
 full amount of, specified in such receipt or voucher, has not been paid, to be deemed a con- 
 version by the disbursing officer, and punished 38, 62 
 
 Persons advising or participating in such act, punishment of 38, 62 
 
 Arising from sales of stores or supplies exempted from the operation of the act requiring 
 all moneys received from the customs and all other sources to be paid into the Treasury 
 
 without abatement or reduction 41 
 
 For disbursement or otherwise, to be deposited with the Treasurer, assistant treasurer, 
 
 or public depositaries, under penalty of embezzlement 49,72 
 
 Checks on, to \e in favor of persons to whom payment is to be made 49 
 
 Checks for $20 may be drawn in favor of disbursing of&cer, stating it is to pay small claims 49 
 
 To be diawn on only as required for payments made in pursuance of law 72 
 
 Treasurer, assistant treasurers, and depositaries, to safely keep the public moneys deposited 
 
 with them 49 
 
 Accounts of, to be rendered monthly. (See Accounts.) 
 
 Embezzling, stealing, misusing, or misappropriating 62 
 
 Depositing, converting, loaning, withdrawing, or trausfening, by disbursing officers, except 
 
 as authorized by law, to be embezzlement, and punished 72 
 
 Knowingly receiving, on deposit, or by way of loan or accommodation, from any disbursing 
 officer or agent of the United States, or using, except as authorized by law, to be embez- 
 zlement, and punished .^-- 73 
 
 PUKCHASING. 
 
 Of military stores from persons in the military service 62, 63 
 
 R. 
 
 EECOEDS, PAPEP^S, aXD DOCUMENTS. 
 
 Of War Department, certified under seal, to be evidence equally with the originals 40 
 
 Of courts of justice, or public offices, steahng or destruction of, declared felony, and pun- 
 ished 44 
 
 Stealing, withdrawal, or destruction of, by officer having custody of same, declared felony, 
 
 and punished 44 
 
 EEGtTLATIONS EOE THE GOVERNMENT OF THE ORDNANCE DEPARTMENT. 
 
 Directed to be prepared 14, 17 
 
 RELIGIOUS SERVICES. 
 
 Room or building to be set apart for school and religious services at all posta, garrisons, or 
 
 permanent camps where troops are serving 75 
 
 REPORT OF ORDNANCE-OFFICERS, ARTIFICERS, AND LABORERS. 
 
 To be made to War Department semi-annually, or oftener, if so desired 12, 16 
 
 RETURNS OF ORDNANCE AND ORDNANCE STORES, &c. 
 
 To be rendered quarterly to the_snperintendent-general of military supplies in 1813 13 
 
 In magazines and arsenals. To be made to Colonel of Ordnance quarterly, or oftener, if so 
 
 directed.., 12,16 
 
 In the Ordnance Department. To be made by the Colonel of Ordnance to the Secretary of 
 
 War semi-annually, or oftener, if so direotea 12, 16 
 
 RIFLED ordnance; HEAVY. 
 
 Appropriation for experiments with 103 
 
 ROBBERY. 
 
 Of personal property belonging to the United States, punishment for 77 
 
 ROCK ISLAND ARSENAL. 
 
 Establishment of, authoilzed 57 
 
 The island of Rock Island to be taken possession of by the Secretary of War, and kept as 
 
 a military reservation, for arsenal and other military purposes 66 
 
 Property on the island found by the Attorney-General to be owned and possessed by 
 private individuals or corporations, to be paid for by the Secretary of the Treasury 
 at such value for land and compensation for damages as the Secretary of War and 
 
 the rightful owners may agree upon, with the approval of the President 66 
 
 Title to be conveyed to the United States by deed 66 
 
 Proceedings to be had before board of three commissioners where owners do not agree 
 
 with the Secretary of War as to value of lands or damages 66 
 
 Report of the board to be made to the circuit court of the United States within and 
 
 for the district in which the land is situated 67 
 
 Court to decree payment of award of commissioners when owners file acceptance of 
 
 award and waiver' of appeal 67 
 
 Court to make disposition of moneys award"ed, in cases of infants, lunatics, &c 67 
 
 Proceedings in ease of appeal from award of coramiaaioners 67 
 
 Appeals to the Supreme Court of the United States from judgment or decree of court on 
 
 the award 68 
 
 Final judgments or decrees in favor of claimants to be paid by tlie United States. 68 
 
 Such payments, or lawful tender, to be deemed full and coniplet-e conveyance to the 
 
 United States 68 
 
 Claims for compensation or damages to be barred after three years from taking of 
 
 land, &c 68 
 
 Except in certain cases 69 
 
 The Secretary of War autliorized to change, fix, and establish tbe position of the railroad 
 
 across the island, and the bridge across flie Mississippi River 73 
 
 A permanent location and right of way on and across the island to be granted to the 
 railroad company, with such quantity of land to be occupied and held by the company 
 
 for railroad purposes as may be necessary 73 
 
 The grant and change to be made on terms and conditions to be previously arranged 
 
 between the Secretary of War and the companies and parties in interest 73 
 
 Such pecuniary and other aid to bo ^iven to the companies and parties in interest toward 
 effecting the change in the location of their road and bridge, and the establishment 
 thereon of a wagon-road for the use of the Government, as may be adjudged to be fair 
 and equitable by the board of commissioners authorized by act of April 19, 1864 73 
 
119 
 
 Paffe. 
 BOCK ISLAND ARSENAL— Contimied. 
 - Benham's, Wilson's, and Winnebago Islands to be talten for arsenal and other military pur- 
 poses 74- 
 
 Appropriation to pay claims for property taken on Bock Island, Benham's, Wilson's, and 
 
 Winnebago Islands 74 
 
 Moline water-power to be secured at head of Bock Island, appropriation for 74, 78 
 
 The Secretary of War to carry into effect the recommendations of the board in respect to . . . 78 
 
 Bridges bet^ween Bock Island and the cities of Davenport and Bock Island, appropriation 
 
 for 74 
 
 Bridge over the Mississippi Biver at Bock Island, as recommended by the Chief of Ordnance, 
 
 appropriation for 77 
 
 Work on, ordered to be commenced, 86 
 
 The ownership of the bridge to be and remain in the United States 77,86 
 
 The Bock Island and Pacific Bailroad Company to have the right of way over the bridge 
 
 and island 77, 86 
 
 To guarantee payment of one-half the cost of the bridge, (superstructure over the 
 
 main channel; , 77, 8G 
 
 To guarantee payment of one-half the expense of keeping the bridge (superstructure 
 
 over the main channel) in repair 77, 86 
 
 To have free use of bridge, without claim to ownership 77, 86 
 
 To build at its own cost the bridge over the river on the eastern side of the island 86 
 
 To build at its own cost the railroad on and across the island 86 
 
 To remove the old bridge and the old railroad-track in six months after new bridge is 
 
 ready for use 86 
 
 The Government may permit any other road or roads to cross on said bridge upon pay- 
 ing proportionate cost of bridge, &c ". . 86 
 
 Cost of bridge not to exceed the estimates made by commissioners under act of June 
 
 27,3866 86 
 
 Cost ol bridge to tbe United States not to exceed $1,000,000 86, 95 
 
 Bridge to conform to requirements of act of Jul.^ 25, 1866 87 
 
 Bridge may be constructed for a single-track railroad only, with the wagon-road below 
 
 the railroad-track, as recomraendecf by the Chief of Engineers 95 
 
 Davenport and Saint Paul Bailroad Company to have right of way over bridge over the 
 main channel of the Mississippi at Bock Island upon paying one-third of the cost of 
 
 ■ ' the bridge, and becoming liable to pay one-third the cost of repairs 102 
 
 Mfiy construct and maintain its own track and bridge from the east end of the above 
 
 bridge to the city of Bock Island, upon certain conditions 102 
 
 The bridge to strike the Uliuois shore not more than 200 feet from the present wagon- 
 road bridge 102 
 
 Any other railroad may pass their trains over said bridge and track upon paying 
 
 their proportionate share of the cost, &c 102 
 
 The track and bridge to be under the control of the Secretary of War, and to be built 
 
 within two years 102 
 
 If companies authorized to cross tbe main channel cannot agree upon a time-table, the 
 
 Secretary of War to fix tlie time for trains 102. 
 
 If companies authorized to cross the main cbannel cannot agree upon the terms for using 
 the approaches to the_ bridge over the main channel, the Secretary of War to fix the 
 
 terms .' 103 
 
 BOCK ISLAND AND PAClS'IC BAILBOAD COMPANY. (See Bock Island Arsenal.) 
 BOYALTT ON ITBE-ABM3 AND INVENTIONS. 
 
 Prohibited, unless authorized specifically by law 52 
 
 This enactment repealed 53 
 
 Not to bepaid to officers or employes of the United States for any patent used in the breech- 
 loading system adopted for the muskets and carbines of the military service, or for 
 any patent in which they may be dii-ectly or indirectly interested 103 
 
 SALABIES. 
 
 No person to receive salary of Secretary or head of Bureau for acting in place of same, 
 
 while the Secretary or head of Bureau' receives such salary 40 
 
 No individual to be paid two salaries 42 
 
 Prohibition not to extend to superintendents of executive buildings 42 
 
 Officers receiving $2,500 salary not to receive compensation for discharging the duties of 
 
 any other office -_ 42: 
 
 No money to be paid as. unless office is authorized by law )U 
 
 Nor to persons appointed to vacancies under certain circumstances 61 
 
 SALES OF TfNSEBVf(5EABLE AND UNSUITABLE OBDNANCE-STOBES. 
 
 The President may direct sales after suitable inspection, (1825) 27 
 
 Inspection to bo made by an inspector-general or such officer or officers as the Secretary 
 
 of War may appoint 27 
 
 To be under such regulations as the Secretary may prescribe 27 
 
 Proceeds of, exempt from operation of act requiring all moneys received from the customs 
 
 and all other sources to be paid into the Treasury without abatement or reduction 41 
 
 The Secretary authorized to sell, after offer at public sale on thirty days' notice, (1868) 87 
 
 Net proceeds, after paying expenses of sale and transportation, to be deposited in the 
 
 Treasury 87 
 
 All proceeds of, to be deposited in tbe Treasury as " proceeds of Government property," and 
 
 not again withdrawn except in consequence of appropriation made by law 99 
 
 Exceptions as to sales to officers and soldiers, and to exploring and surveying parties 
 
 autnorized bylaw 104 
 
 Expenses of sales of military stores or supplies, regularly condemned, to be paid from their 
 
 proceeds 104 
 
 SCHOOLS FOB ENLISTED MEN. 
 
 To be established at all posts, garrisons, or permanent camps where troops are serving 75 
 
 ' What to be taught ^^ 
 
 Boom or building to be set apart for T.j 
 
120 
 
 Pag-e. 
 
 SEAL OF "WAK DEPAKTMB5IT. 
 
 Copies of records, &c., certified under, to be evidence equally as the origiuals- 40 
 
 SERVANTS TO OFFICERS. 
 
 Ko enlisted men to be used as, in any case wbatever i , 94 
 
 SMALL-ARMS. (See Muskets and Carbines.) 
 
 STATIONERT. 
 
 No envelopes, letter or note slieets for the use of Congress or any Executive Department 
 or officer to be hereafter printed from steel or copper plates, nor by lithographinff 9a 
 
 STEALINO. 
 
 Of public records, papers, or documents .' 44 
 
 Of ordnance, arms, ammunition, and other public property 62 
 
 Of personal property belonging to the United States 77 
 
 SUITS. 
 
 Solicitor of Treasury to direct and superintend all, on the part of the United States 23 
 
 Against delinquent disbursing officers, proceedings in 1 23 
 
 Against persons in arrears to the United States 27 
 
 In case of embezzlement, "what shall be evidence 38 
 
 SUPERmTENDENT-GENEEAL OF MILITARY SUPPLIES. 
 
 Appointment of, in 1 813 ^.' 12 
 
 Quarterly returns of ordnance stores, and other military supplies, to be rendered to, and 
 
 settled within three months after rendition 13 
 
 Office of, abolished in 1817 19 
 
 SUPERINTENDENT OF MILITARY STORES. 
 
 Duties of 5 
 
 Office of. abolished in 1813 12 
 
 SUPERINTENDENT OF NATIONAL ARMORY. 
 
 One to be employed at each national armory 5' 
 
 Compensation of 5> 7, IB, 30 
 
 Office of, abolished in 1842 32 
 
 Office of, re-established in 1 853 46 
 
 •Office of, abolished in 1861 54 
 
 SURPLUS-FUND. 
 
 Annual appropriation for arming and equipping the militia not liable to be carried to the. 18, 93 
 Unexpended balances of appropriations, after their objects have been effected, to be carried 
 
 to the 21,93 
 
 Unexpended balances of appropriation to be carried to the, after two years from date of ap- 
 propriation 42, 93 
 
 Unexpended balances of appropriations undrawn against for two years to be carried to the. 93 
 
 Money so carried, not afterward available without specific appropriation 42 
 
 Unexpended balances of appropriations at end of fiscal year, not needed for payment of ex- 
 penses incurred or contracts made daring the year, to be carried to the 93 
 
 T. 
 TIMBER. 
 
 Cutting, or wantonly destroying, on land reserved for military purposes 51 
 
 TITLES, MILITARY. 
 
 No officer to" be addressed in orders or official communications by any title other than that 
 
 of his actual rank 94 
 
 TITLES TO LAND.' (See Laxd.) 
 TRANSFER. 
 
 Of the annual appropriation of S200,000 for arming and e(iuipping the militia to other 
 
 branches of expenditure, prohibited 1ft 
 
 Of unexpended balances to surplus-fund ^ 21, 93 
 
 Of appropriations for one branch of expenditure to another in the "War Department prohib- 
 ited, except 43 
 
 The exception repealed 79 
 
 Of appropriations for specific objects for one fiscal year to other objects a^r close of that 
 
 year, prohibited 43 
 
 of claims against the United States void, unless executed after warrant issued for payment 
 
 thereof, &c 43 
 
 Of contracts, or any interest therein, causes annylment so far as the United States is con- 
 cerned 59 
 
 But right of action for breach of such contract reserved to the United States 59 
 
 U. 
 UNIFORM. 
 
 No officer to wear on duty any uniform other than that of his actual rank 94 
 
 'W. 
 
 WARRANTS FOR PUBLIC MONEY. 
 
 Drawn by Secretary of War, to be recorded by Second Auditor 20 
 
 Drawn by Secretary of War, to be countersigned by the Second Comptroller 20 
 
 WARRANTS OF ATTORNEY. 
 
 For coUectioDi of claims against the United States, how and when to be executed 37 
 
 WATCHMEN. 
 
 Extra pay may be allowed to, in Executive Departments in certain cases. 34 
 
 WOOD. (See Coal and Wood.) 
 
 WORKMEN. 
 
 At the national armories limited to 100 5 
 
 This limitation removed 10 
 
 Enticing, to leave arsenal or armory, penalty for 7 
 
 Breaking, impairing, or destroying tools, stock, &c !..,!.,!!... 7 
 
 Refusing to perform services assigned them .[........ 8 
 
 Exempted from military and jury duty " . .,.,,., 8 
 
 Wheelwrights, carriage-makers, blacksmiths, and laborers to be employed 11 
 
 Wheelwrights, carriage-makers, blacksmiths, and laborers to be enlisted 15, 37 
 
 Reports o^ to be made to A^jatant-Greneral from time to time 12,16 
 
 o