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and thirty-eight, according to the importations of that year, as they Act of July 14, would have been entitled to receive, if the act of the fourteenth of July, 1832, ch. 227. one thousand eight hundred and thirty-two, had gone into effect : Pro- Proviso. vided, That no officer shall receive, under this act, a greater annual salary or compensation than was paid to such officer for the year one thousand eight hundred and thirty-two; and that in no case shall the compensation of any other officers, than collectors, naval officers, surveyors, and clerks, whether by salaries, fees, or otherwise, exceed the sum of fifteen hundred dollars each per annum; nor shall the union of any two or more of those officers in one person, entitle him to receive more than that sum per annum; Provided, further, That the said col- Proviso. lectors, naval officers, and surveyors, shall render an account quarterly to the Treasury, and the other officers herein named, or referred to, shall render an account quarterly to the respective collectors of the customs where they are employed, to be forwarded to the Treasury, of all the fees and emoluments whatever by them respectively received, and of all expenses incidental to their respective offices; which accounts shall be rendered on oath or affirmation, and shall be in such form, and supported by such proofs, to be prescribed by the Secretary of the Treasury, as will, in his judgment, best enforce the provisions of this section, and show its operation and effect; Provided, also, That, in the Proviso. event of any act being passed by Congress at the present session to regulate and fix sala[ries] or compensation of the respective officers of the customs, then this section shall operate and extend to the time such act goes into effect, and no longer : Provided, however, That the Secre- Proviso. tary of the Treasury be authorized to extend to the collectors at such other ports where a surplus of emoluments have been accounted for and paid into the Treasury, in the year eighteen hundred and thirty-two, the privilege granted to the collector of New York, to take effect from the first day of January last : Provided, nevertheless, That no collector shall receive more than four thousand dollars, and no naval officer shall receive more than three thousand dollars, and no surveyor shall receive more than twenty-five hundred dollars per annum.

Sec. 4. And be it further enacted, That the sum of nine thousand Compensation two hundred dollars be appropriated, out of any moneys in the Trea- of Topographer sury not otherwise appropriated, for the compensation of a Topographer ployed in Post and clerks employed in the Post Office Department, in conformity with Office Dept. the appropriation act of March third, eighteen hundred and thirty-seven, Act of 1837, and for one additional clerk to keep an appropriation account until the ch. 33. first of January, eighteen hundred and thirty-nine; and that the sum of ten thousand five hundred dollars be appropriated, out of any moneys of clerks in of:

Compensation in the Treasury not otherwise appropriated, for the compensation of fice of Auditor clerks employed in the Auditor's Office of the Treasury, for the Post of Post Office. Office Department, from the first of January, eighteen hundred and thirty-eight, till the first of January, eighteen hundred and thirty-nine.

Sec. 5. And be it further enacted, That the following sums be, and Appropriathe same are hereby appropriated, out of any unappropriated money in tions, the Treasury, viz. :

For the Documentary History of the Revolution, the amount hereto- Documentary fore appropriated for that object and carried to the surplus fund; History of Am.

For the Mars Hill military road, three hundred and sixty-four dollars Mars Hill miand three cents, to enable the Treasury officers to close the account of litary road. Charles Thomas, being part of an amount heretofore appropriated and carried to the surplus fund;

To the State of Maine to reimburse the expense of said State for To reimburse allowances to Ebenezer S. Greely for his sufferings and losses, attendant the State of upon his arrest and imprisonment in the jail at Frederickton, New Maine for al.

lowances to E. Brunswick, in consequence of taking the census at Madawaska, and to

S. Greely and John Baker, and others, for sufferings and losses in relation to certain John Baker.

Vol. V. - 34

X

proceedings in said town, the sum of eleven hundred and seventy-five

dollars; Patent Office For continuing the construction of the Patent Office, fifty thousand Building. dollars;

Outfit of the For furnishing machinery and for other expenses incident to the branch mints.

outfit of the branch mints at New Orleans, Charlotte, and Dahlonega,

two thousand eight hundred dollars; Salaries of the For salaries of the Governor, Secretary, Chief Judge, Associate Jusofficers of the

tices, District Attorney, and Marshal, and pay and mileage of the memTerr. of Iowa, pay of the Lebers of the Legislative Assembly of the Territory of Iowa, and the gislature, &c. expenses thereof, printing of the laws, taking the census, and other

incidental and contingent expenses of said Assembly and Territory,

twenty-four thousand six hundred and seventy-five dollars; Public build For erecting public buildings in the Territory of Iowa, twenty thouings in Iowa.

sand dollars; Contingent For contingent expenses of the Senate, not anticipated when the exp. of Senate. ordinary estimate of the year was prepared, being principally for en

graving and printing maps, and other printing, the purchase of books and book-cases for the Senate committee rooms, the expenses of committees of investigation, and the pay of clerks of committees, fifty

thousand dollars. Military sur

For an outstanding balance of expenditures under the head of miliveys, &c.

tary surveys, and to enable the Department to settle and close that ac

count, ten thousand dollars. Surveys by For an outstanding balance of expenditure for surveys by the civil civil engineers. engineers, to enable that Department to settle and close the account for

those surveys, two thousand dollars. Mail route,&c. To close the account for the laying out and construction of a mail through Creek route and post road through the Creek country, in the State of Alacountry, Ala.

bama, and to pay the balances due to contractors and workmen upon the said road, the sum of nineteen hundred and forty-five dollars and

fifty cents. Salary of addi- For the salary of the additional Judge of the Orphans' Court of tional Judge of Orphan's Court Washington county in the District of Columbia, the office having been Washington co. created by a law of the present session of Congress, one thousand dollars. D. C.

For the salary of the Judge of the Criminal Court of the District of Salary of Judge of the Criminal Columbia, the said court having been established by a law of Congress Court, D. C. of the present session, two thousand dollars. To carry into For enabling the Secretary of the Treasury to carry into effect the effect resolution resolution of the twenty-ninth ultimo, on the subject of steam engines in relation to steam engines,

and steam boats, and the loss of life and property which has been suf&c.

fered in their use, the sum of six thousand dollars, or so much thereof

as he may find necessary for the purpose. To defray exp. For defraying the expenses of the marshals, deputy marshals, and of marshals, and other civil officers of the United States, in executing the provisions of cers of the U.S. an act passed at the present session of Congress, entitled “ An act to under amend amend an act entitled “An act in addition to the act for the punishment ment to act 201h of certain crimes against the United States, and to repeal the acts thereApril, 1818, ch. 88-how to be

in mentioned, approved April twentieth, one thousand eight hundred and paid, &c. eighteen,” the sum of twenty thousand dollars, to be paid out of the Act of April 6, appropriation of three hundred and fifty thousand dollars for defraying , .

the expenses of the courts of the United States, made in the fact making appropriations for the civil and diplomatic expenses of Government, for the year one thousand eight hundred and thirty-eight, approved April sixth, one thousand eight hundred and thirty-eight," to be expended by the Secretary of the Treasury, under the direction of the President, upon the certificate of the Judge of the Circuit or District Court of the United States of the circuit or district where the expenditure may have been made or the services rendered.

For carrying into effect the act for the increase of the army, to wit: Act to increase

For pay, three hundred and seventy-nine thousand five hundred and the army. twenty dollars and fifty cents.

For clothing, two hundred and sixteen thousand seven hundred and clothing. thirty dollars.

For subsistence, seventy-four thousand six hundred and forty-five Subsistence. dollars.

For contingent expenses for recruiting, fifty-three thousand eight hun- Cont. exp. for dred and eighty dollars.

recruiting For defraying the expenses of the board of visiters at the Military Exp. of board Academy, in addition to the sum contained in the annual appropriation of visiters at Mifor that object, six hundred and ninety-eight dollars and seventy-five litary Academy. cents.

Sec. 6. And be it further enacted, That all the money arising from the bequest of the late James Smithson, of London, for the purpose of quest of James

arising from befounding at Washington, in this District, an institution to be denomi- Smithson, &c. nated the Smithsonian Institution, which may be paid into the Trea- shall be investsury,

is hereby appropriated and shall be invested by the Secretary of edin State the Treasury, with the approbation of the President of the United States, in stocks of States, bearing interest at the rate of not less than five per centum per annum, which said stocks shall be held by the said Secretary in trust for the uses specified in the last will and testament of said Šmithson, until provision is made by law for carrying the purpose of said bequest into effect; and that the annual interest accruing on the stock aforesaid shall be in like manner invested for the benefit of said institution. For procuring new machinery for the Harper's Ferry Armory, the sum Harpern erherry

for of twenty thousand dollars.

Armory. Sec. 7. And be it further enacted, That the Secretary of the Trea- Standard balsury cause to be made, under the superintendence of Mr. Hassler, one ance for each

State, &c. standard balance for each State, and when completed that he cause them to be delivered to the respective Governors for the use of the respective States. For the paper and printing of a complete catalogue of the books of Catalogue of

Congress Lithe Congress Library heretofore ordered, fourteen hundred dollars.

brary. For compensation to Ferdinando Pettrich, for models of statues for Compensation blocking to the western front of the Capitol, six hundred dollars.

to F. Þettrich. For enlarging the contingent fund of the House of Representatives, For enlarging to provide for the payment for certain expenses incurred by the House contingent fund by resolution of twenty-seventh January, eighteen hundred and thirty- Reps., &c. eight, forty-eight thousand nine hundred and sixty dollars. For laborers and horse, cart and driver, employed at the President's Laborers, &c.

the President's square, two thousand and fifteen dollars.

For repairs of the Potomac bridge, two thousand and fifty dollars; Repairs of Pofor three hundred feet of suction hose for the Capitol and Capitol tomac bridge,

&c. grounds, two hundred dollars; for cast iron settees and chairs for the public grounds, one hundred and fifty dollars.

Sec. 8. And be it further enacted, That a collector shall be appointed A collector to at the port of Vicksburg who shall give the usual bonds required by be appointed at

Vicksburg. such officers in the penal sum of ten thousand dollars, and be entitled to a salary of five hundred dollars per annum, and that the salary for the present year be paid out of any money in the Treasury not otherwise appropriated.

APPROVED, July 7, 1838.

STATUTE II. July 7, 1838. Chap. CLXX.–An Act to provide for the settlement of the claim of the State of [Obsolete.)

New York for the services of her militia. Be it enacted by the Senate and House of Representatives of the United Sec. War to

States of America in Congress assembled, That the Secretary of War cause New York to be paid be, and he is hereby, authorized and directed to cause to be reimbursed such amount as and paid to the State of New York, on the order of the Governor of the Paymaster said State, out of the appropriation for the prevention of hostilities on count'g officers the northern frontier, such amount as the Paymaster General of the of the Treasury United States army and the accounting officers of the Treasury shall shall certify, ascertain and certify would have been due from the United States to the &c.

volunteers and militia called into the service of the State, in the latter part of the year eighteen hundred and thirty-seven and the first part of the year eighteen hundred and thirty-eight, for the protection of said frontier, by the Governor, if said volunteers had been duly called into the service of the United States and regularly received and mustered by officers of the United States army, according to the laws and regu

lations which have governed in the payment of the volunteers and miliProviso. tia of other States: Provided, That the accounts of the agent employed

by the State of New York to make said payments, be submitted to the

Paymaster General and the accounting officers for their inspection: Proviso. And provided also, That no reimbursement shall be made on account

of the payment of any volunteers or militia who refused to be received and mustered into the service of the United States or to serve under the officers of the United States army appointed by the President to command on the northern frontier.

APPROVED, July 7, 1838. STATUTE II. July 7, 1838. CHAP. CLXXI.—An Act to provide for certain harbors and for the removal of (Obsolete.) obstructions in and at the mouths of certain rivers, and for other purposes, during

the year one thousand eight hundred and thirty-eigh'. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for carrying on and

completing certain works heretofore commenced, viz: Chicago har- For continuing the improvement of the harbor of Chicago, Illinois, bor.

thirty thousand dollars; Michigan City

For continuing the construction of a harbor at Michigan City, Inharbor. diana, sixty thousand seven hundred and thirty-three dollars and fifty

nine cents; St. Joseph pier For continuing the construction of a pier or breakwater at the mouth or breakwater. of the river Saint Joseph, Michigan, fifty-one thousand one hundred

and thirteen dollars; Harbor near For the continuation of the works at the harbor near the mouth of the mouth of

the river Raisin, Michigan, fifteen thousand dollars ; the river Raisin.

Harbor at the For continuing the improvement of the harbor at the mouth of Black mouth of Black river, in Jefferson county, State of New York, twenty-two thousand river.

four hundred and one dollars; Whitehall har. For continuing the improvement of the harbor at Whitehall, in the bor.

State of New York, fifteen thousand dollars; Genesee river. For continuing the improvement of the channel at the mouth of

Genesee river, in the State of New York, twenty-five thousand dol

lars; Black river. For continuing the removal of obstructions at Black river, Ohio, five

thousand dollars; Iluron river. For continuing the removal of obstructions at the mouth of the

Huron river, in Ohio, five thousand dollars ;

For continuing the improvement of the navigation at the mouth of Vermillion Vermillion river, Ohio, twenty-three thousand six hundred and twenty- river. six dollars and fifty-seven cents;

For continuing the improvement of Cleaveland harbor, Ohio, fifty- Cleaveland one thousand eight hundred and fifty-six dollars ;

harbor. For continuing the removal of obstructions at Cunningham creek, Cunningham Ohio, five thousand dollars;

creek. For continuing the removal of obstructions at Ashtabula creek, Ohio, Ashtabula eight thousand dollars ;

creek. For continuing the removal of obstructions at Conneaut creek, Ohio, Conneaut eight thousand dollars;

creek. For continuing the improvement of the harbor of Presque isle, Penn- Presque isle sylvania, thirty thousand dollars;

harbor. For continuing the improvement of Dunkirk harbor, New York, ten Dunkirk harthousand dollars;

bor. For continuing the improvement of the harbor of Portland, Lake Erie, New York, thirty-five thousand four hundred and sixty-six dollars; bor, N. Y.

For continuing the improvement of the harbor at Cattaraugus creek, Cattaraugus Lake Erie, New York, thirty-two thousand four hundred and ten dol- creek harbor. lars;

For continuing the improvement of the harbor of Salmon river, Lake Salmon river Ontario, New York, thirty thousand dollars;

harbor. For continuing the construction of a breakwater at Plattsburg, New Plattsburg York, twenty-seven thousand five hundred dollars ;

breakwater. For continuing the improvement of the harbor at the mouth of Oak Oak Orchard Orchard creek, New York, five thousand dollars ;

creek harbor. For continuing the pier at Kennebunk, Maine, eight thousand dol Pier at Kennelars;

bunk. For continuing the improvement of Big Sodus bay, New York, ten thousand dollars;

For continuing the pier and mole at Oswego harbor, New York, Oswego harforty-six thousand and sixty-seven dollars;

bor. For continuing the construction of a breakwater at Burlington, Ver- Breakwater at mont, fifty thousand dollars;

Burlington. For continuing the breakwater on Stanford's Ledge, Portland harbor, Breakwater on Maine, twenty-six thousand three hundred and sixty-six dollars;

Stanford's For continuing the breakwater at Hyannis harbor, Massachusetts, Breakwater at

Ledge. eight thousand seven hundred and sixty-four dollars ;

Hyannis. For continuing the breakwater at Sandy Bay, Massachusetts, twenty Breakwater at thousand dollars;

Sandy Bay. For continuing the improvement of the channel of the river Thames, leading into Norwich harbor, Connecticut, ten thousand dollars;

For improving the harbor of Westport, Connecticut, four thousand Westport harseven hundred and eighty-two dollars ;

bor. For continuing the improvement of the navigation of the Hudson Hudson river. river, above and below Albany, in the State of New York, one hundred thousand dollars; to be expended according to the plan and estimate recommended by the Secretary of War;

For continuing the improvement of the harbor of Wilmington, Delaware, nine thousand three hundred and fifty-six dollars ;

harbor. For continuing the improvement of the harbor of New Castle, Dela- New Castle ware, eleven thousand five hundred and seventy-three dollars ;

harbor. For continuing the Delaware breakwater, one hundred and fifty Delaware thousand dollars;

breakwater. For continuing the improvement of the harbor of Baltimore, Mary- Baltimore har.

bor. Jand, twenty thousand dollars ;

For continuing the improvement of the navigation of Cape Fear river, Cape Fear ribelow Wilmington, North Carolina, twenty thousand dollars ;

For opening a passage of fifty yards wide, and seven feet deep, at low

ver.

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