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United States Statutes at Large/Volume 5/25th Congress/3rd Session/Chapter 82

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3848774United States Statutes at Large, Volume 5 — Public Acts of the Twenty-Fifth Congress, Third Session, Chapter 82United States Congress


March 3, 1839.

Chap. LXXXII.An Act making appropriations for the civil and diplomatic expenses of Government for the year eighteen hundred and thirty-nine.

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 unappropriated money in the Treasury, viz:

President, Vice President, and heads of departments.For compensation to the President and Vice President of the United States, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Postmaster General, sixty thousand dollars;

Secretary to sign patents for lands.For salary of the Secretary to sign patents for public lands, per act of March second, eighteen hundred and thirty-three, one thousand five hundred dollars;

Off. Sec. State.
Clerks and messengers.
For clerks and messengers in the office of the Secretary of State, twenty thousand three hundred dollars;

Compiling and printing Biennial Register.
Proviso.
For compiling and printing the Biennial Register, one thousand eight hundred dollars: Provided, That the printing of the said Biennial Register and the job printing, stationery and binding of each of the Executive Departments, shall be furnished by contract, proposals for which shall be regularly advertised for in the public prints. The classes, character, and description of the printing being specified in each advertisement, as far as that can be done, and it being made a condition in all cases, unless otherwise specifically stated in the advertisement, that the work shall be done in the city of Washington; and the contract in each case so far as the proposals and acceptance shall enable the contract to be made, to be given to the lowest bidder, whose bid shall be accompanied with the proper testimonials of the ability of the bidder to fulfil his contract;

Superint’t and watchman N. E. Ex. building.For the superintendent and watchman of the northeast executive building, one thousand five hundred dollars;

Contingent expenses of said building.For contingent expenses of said building, including fuel, labor, oil, and repairs, three thousand three hundred and fifty dollars;

Office Sec. Treasury.
Clerks and messengers.
For compensation to the clerks and messengers in the office of the Secretary of the Treasury, sixteen thousand four hundred and fifty dollars;

Clerks per act 23d June 1836, ch. 115.For compensation to the clerks in said office, per act of the twenty-third June, eighteen hundred and thirty-six, entitled, An act to regulate the deposites of the public money, three thousand six hundred dollars;

First Comptroller.For compensation to the First Comptroller of the Treasury, three thousand five hundred dollars;

Clerks and messengers.For compensation to the clerks and messengers in the office of the First Comptroller, nineteen thousand three hundred dollars;

Second Comptroller.For compensation to the Second Comptroller, three thousand dollars;

Clerks and messenger.For compensation to the clerks and messenger in the office of the Second Comptroller, including the compensation of two clerks transferred from the office of the Fourth Auditor, twelve thousand two hundred and fifty dollars;

1st Auditor.For compensation to the First Auditor of the Treasury, three thousand dollars;

Clerks and messenger.For compensation to the clerks and messenger in the office of the First Auditor, fifteen thousand nine hundred dollars;

2d Auditor.For compensation to the Second Auditor of the Treasury, three thousand dollars;

Clerks and messenger.For compensation to the clerks and messenger in the office of the Second Auditor, seventeen thousand nine hundred dollars;

3d Auditor.For compensation to the Third Auditor, three thousand dollars;

Clerks and messenger.For compensation to the clerks and messengers in the office of the Third Auditor, twenty-seven thousand two hundred and fifty dollars;

Additional clerks under act 20th April, 1818, ch. 87.For three additional clerks, under the act of the twentieth of April, eighteen hundred and eighteen, to enable the Third Auditor to execute the act of sixth April, eighteen hundred and thirty-eight, two thousand four hundred dollars;

Additional clerks under act 18th Jan. 1837, ch. 5.For compensation to two additional clerks, employed under the act of the eighteenth January, one thousand eight hundred and thirty-seven, for the payment of horses and other property lost or destroyed, two thousand four hundred dollars;

4th Auditor.For compensation to the Fourth Auditor, three thousand dollars;

Clerks and messenger.For compensation to the clerks and messenger in the office of the Fourth Auditor, fifteen thousand nine hundred and fifty dollars;

Additional clerk under act 3d March 1837, ch. 38.For an additional clerk in the same, to carry into effect the act of the third of March, eighteen hundred and thirty-seven, for the more equitable administration of the pension fund, one thousand dollars;

5th Auditor.For compensation to the Fifth Auditor, three thousand dollars;

Clerks and messenger.For compensation to the clerks and messenger in the office of the Fifth Auditor, nine thousand eight hundred dollars;

Clerks according to act 7th July 1838.For compensation of two clerks in the office of the Fifth Auditor, according to the act of the seventh of July, eighteen hundred and thirty-eight, two thousand dollars;

Treasurer of United States.For compensation to the Treasurer of the United States, three thousand dollars;

Clerks and messenger.For compensation to the clerks and messenger in the office of the Treasurer of the United States, one or more of which clerks may be employed in the other offices of the Treasury Department, ten thousand seven hundred and fifty dollars;

Register of the Treasury.For compensation to the Register of the Treasury, three thousand dollars;

Clerks and messengers.For compensation to the clerks and messengers in the office of the Register of the Treasury, twenty-four thousand two hundred dollars;

Commissioner of General Land Office.
Act of July 4, 1836, ch. 352.
Other officers in the General Land Office.
For compensation of the Commissioner of the General Land Office, per act of fourth July, eighteen hundred and thirty-six, three thousand dollars;

For compensation of the recorder, solicitor, draughtsman and assistant draughtsman, clerks, messengers, and packets in the office of the Commissioner of the General Land Office, one hundred and seven thousand eight hundred and fifty dollars;

Solicitor of the Treasury.For compensation to the Solicitor of the Treasury, three thousand five hundred dollars;

Clerks and messenger.For compensation to the clerks and messenger in the office of the Solicitor of the Treasury, three thousand nine hundred and fifty dollars;

Contingent expenses of the Treasury Dep’t.For expenses of stationery, printing, and all other contingent expenses of the Treasury Department, viz:

Office Sec. Treasury, copying, &c.For the office of the Secretary of the Treasury, including copying, and expenses incurred in consequence of the burning of the Treasury building, twelve thousand five hundred dollars;

Translating, &c.For translating foreign languages, and for receiving and transmitting passports and sea-letters, in the office of the Secretary of the Treasury, three hundred dollars;

Stating and printing acc’ts.For stating and printing public accounts, one thousand four hundred dollars;

Office 1st Comptroller.For the office of the First Comptroller, two thousand dollars;

Off. 2d Comptroller.For the office of the Second Comptroller, one thousand five hundred dollars;

Off. 1st Auditor.For the office of the First Auditor, one thousand dollars;

Off. 2d Auditor.For the office of the Second Auditor, one thousand dollars;

Off. 3d Auditor.For the office of the Third Auditor, one thousand dollars;

Off. 4th Auditor.For the office of the Fourth Auditor, one thousand dollars;

Off. 5th Auditor.For the office of the Fifth Auditor, one thousand dollars;

Off. Treasurer.For the office of the Treasurer of the United States, one thousand five hundred dollars;

Off. Register.For the office of the Register of the Treasury, three thousand dollars;

Off. Solicitor.For the office of the Solicitor of the Treasury, one thousand dollars;

General Land Office.For parchments, books, stationery, advertising, rent of an additional building, and contingent expenses of the General Land Office, and for books and blanks for the district land offices, nineteen thousand seven hundred and fifty-three dollars;

Superint’t. and watchmen for the additional building.For compensation of superintendent and two watchmen for the additional building for the use of the General Land Office, one thousand and fifty dollars;

Superint’t and watchman S. E. exec. building.For compensation of the superintendent and watchman of the southeast executive building, two thousand one hundred dollars;

Contingent expenses of building occupied by the Treasury.For contingent expenses of the building occupied by the Treasury, including fuel, oil, labor, repairs, furniture, and for rent, amounting to three thousand two hundred and fifty dollars per annum, twelve thousand dollars;

Office Secretary of War.
Clerks and messengers.
For compensation to the clerks and messengers in the office of the Secretary of War, including the messenger in the Bounty Land Bureau, thirteen thousand three hundred dollars;

Contingent expenses.For contingent expenses of the office of the Secretary of War, three thousand dollars;

Books, &c.For books, maps, and plans for the War Department, one thousand dollars;

For compensation of extra clerks, when employed in said office, three thousand dollars;

Commissioner of Ind. affairs.For compensation of the Commissioner of Indian Affairs, three thousand dollars;

Clerks and messenger.For compensation of the clerks and messenger in the office of the Commissioner of Indian Affairs, sixteen thousand four hundred dollars;

Contingent expenses.For contingent expenses of said office, two thousand dollars;

Commissioner of Pensions.For compensation of the Commissioner of Pensions, three thousand dollars;

Clerks transferred from office Sec. War.For compensation of clerks transferred from the office of the Secretary of War to the office of the Commissioner of Pensions, four thousand eight hundred dollars;

Clerks and messengers authorized by act 9th May 1836, ch. 60.For compensation to clerks and messengers for the office of the Commissioner of Pensions, authorized by act of ninth May, eighteen hundred and thirty-six, thirteen thousand four hundred and fifty dollars;

Expenses.For contingent expenses of said office, three thousand dollars;

Off. Paymaster General.
Clerk and messenger.
For compensation to clerks and messenger in the office of the Paymaster General, seven thousand one hundred dollars;

Expenses.For contingent expenses of said office, including two hundred dollars for arrearages, seven hundred dollars;

Off. Comm’dg General. Clerk and messenger.For compensation of clerk and messenger in the office of the Commanding General, one thousand five hundred dollars;

Expenses.For contingent expenses of said office, three hundred dollars;

Off. Adj. Gen.
Clerks and messenger.
For compensation to clerks and messenger in the office of the Adjutant General, seven thousand six hundred and fifty dollars;

Expenses.For contingent expenses of said office, one thousand six hundred dollars;

Off. Q. M. Gen.
Clerks and messenger.
For compensation of clerks and messenger in the office of the Quartermaster General, seven thousand three hundred dollars;

Expenses.For contingent expenses of said office, one thousand dollars;

Off. Commissary General of Purchases. Clerks and messenger.
Expenses.
For compensation of clerks and messenger in the office of the Commissary General of Purchases, four thousand two hundred dollars;

For contingent expenses of said office, eight hundred dollars;

Off. Commissary General of Subsistence. Clerks and messenger.
Expenses.
For compensation of clerks and messenger in the office of the Commissary General of Subsistence, four thousand three hundred dollars;

For contingent expenses of said office, three thousand two hundred dollars.

Off. Chief Engineer. Clerks and messenger.For compensation of clerks and messenger in the office of the Chief Engineer, five thousand six hundred and fifty dollars;

Expenses.For contingent expenses of said office, including one thousand dollars for expenses attending the removal of the office, fifteen hundred dollars;

Off. Surg. Gen. Clerk and Messenger.For compensation to clerk and messenger in the office of the Surgeon General, one thousand six hundred and fifty dollars;

Expenses.For contingent expenses of said office, five hundred dollars;

Ordnance Off. Clerks and messenger.For compensation of clerks and messenger in the Ordnance Office, eight thousand six hundred and fifty dollars;

Expenses.For contingent expenses of said office, one thousand dollars;

Topographical Bureau. Clerks and messenger.For compensation of clerks and messenger in the Topographical Bureau, two thousand five hundred dollars;

Expenses.For contingent expenses of said bureau, one thousand two hundred and thirty-five dollars;

Superint’t and watchmen N. W. executive building.For compensation of superintendent and watchmen of the northwest executive building, two thousand two hundred and fifty dollars;

Expenses of said building, &c.For contingent expenses of said building, including rent of Bounty Land Office, for labor, fuel, oil, and repairs, and for the contingencies of the fire engines and apparatus, four thousand seven hundred dollars;

Off. Sec. Navy. Clerks and messengers.For compensation of the clerks and messengers in the office of the Secretary of the Navy, twelve thousand eight hundred and fifty dollars;

Expenses.For contingent expenses of said office, including three thousand dollars for extra clerk hire, six thousand dollars;

Commiss’rs of Navy Board.For compensation of the Commissioners of the Navy Board, ten thousand five hundred dollars;

Secretary.For compensation of the Secretary of the navy board, two thousand dollars;

Clerks and messenger.For compensation to the clerks and messenger of the navy board, eight thousand four hundred and fifty dollars;

Expenses.For contingent expenses of said office, including seven hundred dollars for arrearages of extra clerk hire, two thousand five hundred dollars;

Superint’t and watchman, S. W. executive building.For salary of superintendent and watchman of the southwest executive building, one thousand two hundred and fifty dollars;

Repairs.For altering and painting passages in said building, one thousand eight hundred dollars;

Expenses.For contingent expenses of said building, three thousand three hundred and fifty dollars;

Assistant Postmasters Gen’l.
Act of July 2, 1836, ch. 270.
For compensation to three Assistant Postmasters General, per act third [second] July, eighteen hundred and thirty-six, seven thousand five hundred dollars;

Clerks and messengers.For compensation to clerks and messengers in the General Post office, forty-eight thousand six hundred dollars;

Topographer and additional clerks.For topographer and additional clerks in said office, and a clerk to keep the appropriation account, eleven thousand six hundred dollars;

Expenses.For contingent expenses of said office, including four thousand dollars for rent, and fuel for the Auditor’s office, twelve thousand five hundred dollars;

Watchmen.For compensation of two watchmen, six hundred dollars;

Auditor Post Office.For compensation to the Auditor of the Post Office, three thousand dollars:

Clerks and messengers.For compensation to clerks and messengers in said office, fifty-five thousand five hundred dollars;

For eleven additional clerks in said office, thirteen thousand two hundred dollars;

Expenses.For contingent expenses of said office, including the expense of quarterly books, stationery, printing, and pay of laborers, four thousand seven hundred dollars;

Surveyor Gen. north-west of the Ohio.For compensation to the surveyor general northwest of the Ohio, two thousand dollars;

Clerks.
Act of May 9, 1836, ch. 60.
For compensation to clerks in his office, per acts of ninth May, eighteen hundred and thirty-six, six thousand three hundred dollars;

Surveyor Gen. for Illinois and Missouri.For compensation to the surveyor general for Illinois and Missouri, two thousand dollars;

Clerks.
Act of May 9, 1836, ch. 60.
For compensation to clerks in the office of said surveyor general, per acts of ninth May, eighteen hundred and thirty-six, three thousand eight hundred and twenty dollars;

Surveyror Gen. of Arkansas.For compensation to the surveyor general of Arkansas, two thousand dollars;

Clerks.For compensation of clerks in the office of said surveyor general, two thousand eight hundred dollars;

Surveyor Gen. of Louisiana.For compensation of the surveyor general of Louisiana, two thousand dollars;

Clerks.For compensation to clerks in the office of said surveyor general, per acts of ninth May, eighteen hundred and thirty-six, two thousand five hundred dollars;

Surveyor Gen. of Mississippi.For compensation of the surveyor general of Mississippi, two thousand dollars;

Clerks.For compensation of clerks in the office of said surveyor general, per acts of ninth May, eighteen hundred and thirty-six, five thousand dollars;

Surveyor Gen. of Alabama.For compensation of the surveyor general of Alabama, two thousand dollars;

Clerks.
Act of May 9, 1836, ch. 60.
For compensation of clerks in the office of said surveyor general, per acts of ninth May, eighteen hundred and thirty-six, two thousand two hundred dollars;

Surveyor Gen. of Florida.For compensation of the surveyor general of Florida, two thousand dollars;

Clerks.For compensation of clerks in the office of said surveyor general, three thousand five hundred dollars;

Surveyor Gen. of Wisconsin.
Clerks.
Act of June 12, 1838, ch. 96.
Extra clerks and draughtsmen in offices of surveyors general.
For compensation of the surveyor general of Wisconsin, and of the clerks in his office, per act of twelfth June, eighteen hundred and thirty-eight, three thousand one hundred dollars;

For extra clerks and draughtsmen in the offices of the surveyors general, to be apportioned according to the exigencies of the service, eight thousand dollars;

Extra clerks to transcribe field notes.For extra clerks to transcribe field notes of survey, for the purpose of having them preserved at the seat of Government, to be expended in case fire-proof vaults are not furnished for their preservation, at the following offices, viz:

Surveyor Gen. north-west of the Ohio.Of the surveyor general northwest of the Ohio, four thousand five hundred dollars;

Surveyor Gen. of Illinois and Missouri.Of the surveyor general of Illinois and Missouri, three thousand eight hundred and eighty dollars;

Surveyor Gen. of Arkansas.Of the surveyor general of Arkansas, three thousand dollars;

Surveyor Gen. of Louisiana.Of the surveyor general of Louisiana, four thousand five hundred dollars;

Surveyor Gen. of Mississippi.Of the surveyor general of Mississippi, four thousand two hundred and ninety dollars; and

Surveyor Gen. of Wisconsin.Of the surveyor general of Wisconsin, three thousand dollars;

Commissioner of public buildings.For compensation to the Commissioner of public buildings in Washington, two thousand three hundred dollars;

Assistants, &c.For compensation to three assistants to the commissioner, as superintendent of the Potomac bridge, and for the expense of oil for the lamps, one thousand nine hundred and fifty dollars;

Officers of the mint.For compensation to the officers and clerks of the mint, twenty thousand four hundred dollars;

Laborers, &c.For pay of laborers in the various departments of the mint, and for contingent expenses, twenty-three thousand dollars;

Expenses.For incidental and contingent expenses, including the wastage of gold and silver, fuel, materials, stationery, water, rent, and taxes, eighteen thousand three hundred dollars;

New machinery.For new machinery, three thousand dollars;

Specimens of ores, &c.For specimens of ores and coins to be reserved at the mint, one thousand dollars;

Branch mint at Charlotte.For compensation to the officers and clerk of the branch mint at Charlotte, North Carolina, six thousand dollars;

Laborers.For pay of laborers in the various departments of the same, three thousand six hundred dollars;

Expenses.For wastage of gold, and for contingent expenses of the same, five thousand one hundred dollars;

Branch mint at Dahlonega.For compensation to the officers and clerk of the branch mint at Dahlonega, Georgia, six thousand dollars;

Laborers.For pay of laborers in the various departments of the same, three thousand eight hundred dollars;

Expenses.For wastage of gold, and for contingent expenses of the same, four thousand one hundred dollars;

Branch mint at N. Orleans.For compensation to the officers and clerks of the branch mint at New Orleans, twelve thousand nine hundred dollars;

Laborers.For pay of laborers in the various departments of the same, twenty-two thousand dollars;

Expenses.For wastage of gold and silver, and for contingent expenses of the same, seventeen thousand one hundred dollars;

Governor, &c. of Wisconsin.For compensation of the Governor, judges, and secretary of Wisconsin Territory, nine thousand one hundred dollars;

Expenses, pay of Legislature, &c.For contingent expenses, pay, and mileage of the members of the Legislative Assembly, pay of officers of the Council, printing, furniture, stationery, fuel, and other incidental expenses, twenty-five thousand dollars;

Governor, &c. of Florida.For compensation of the Governor, judges, and secretary of the Territory of Florida, fourteen thousand three hundred and seventy dollars;

Expenses, pay of Legislature, &c.For contingent expenses, pay, and mileage of the members of the Legislative Council of said Territory, pay of the officers of the Council, printing, furniture, rent, stationery, fuel, and other incidental expenses, twenty-eight thousand two hundred and fifteen dollars;

Governor, &c. of Iowa.For compensation to the Governor, judges, and secretary of the Territory of Iowa, eight thousand two hundred dollars;

Expenses, pay of Legislature, &c.For contingent expenses, pay, and mileage of the Legislative Assembly, pay of officers, printing, furniture, stationery, fuel, and all other incidental expenses, including an arrearage of sixteen thousand three hundred and fifty-four dollars, for eighteen hundred and thirty-eight, thirty-seven thousand one hundred and four dollars;

Chief justice, &c.For compensation to the chief justice, the associate judges, and district judges of the United States, ninety-three thousand nine hundred dollars;

Judges of District of Columbia.For compensation of the chief justice and associate judges of the District of Columbia, and of the judges of the criminal and orphans’ courts of said district, twelve thousand seven hundred dollars;

Attorney Gen.For compensation to the Attorney General of the United States, four thousand dollars;

Clerk and Messengers.For compensation of clerk and messenger in the office of the Attorney General, one thousand three hundred dollars;

Expenses.For contingent expenses of said office, five hundred dollars;

Reporter Supreme Court.For compensation to the reporter of the decisions of the Supreme Court, one thousand dollars;

Dist. attorneys and marshals.For compensation to the district attorneys and marshals, as granted by law, including those in several Territories, and arrearages, fourteen thousand eight hundred and forty-two dollars;

Expenses of Supreme Court, &c.For defraying the expenses of the Supreme Court, and the district courts of the United States, including the District of Columbia; also for jurors and witnesses, in aid of the funds arising from fines, penalties, and forfeitures, incurred in the year eighteen hundred and thirty-nine, and preceding years; and likewise for defraying the expenses of suits in which the United States are concerned, and of prosecutions for offences committed against the United States, and for the safe keeping or prisoners, in addition to former appropriations, one hundred and twenty-eight thousand dollars;

Pensions by special acts.For the payment of pensions granted by special acts of Congress, one thousand and fifty dollars;

Support of lighthouses, &c.For the support and maintenance of light-houses, floating lights, beacons, buoys, and stakeages, including the purchase of lamps, oil, keepers’ salaries, repairs, improvements, and contingent expenses, three hundred and ninety-four thousand three hundred and thirty-one dollars;

U. S. coast survey.For survey of the coast of the United States, including the compensation of the superintendent and assistants, ninety thousand dollars;

Keepers of archives.For compensation of two keepers of the public archives in Florida, one thousand dollars;

Miscellaneous.For the discharge of such miscellaneous claims against the United States, not otherwise provided for, as shall be admitted in due course of settlement at the Treasury, twelve thousand dollars;

Ministers.For salaries of ministers of the United States to Great Britain, France, Spain, Russia, Prussia, and Austria, fifty-four thousand dollars;

Secretaries of legation.For salaries of the secretaries of legation to the same places, twelve thousand dollars;

Chargés des affaires.For salaries of the chargés des affaires to Portugal, Denmark, Sweden, Holland, Belgium, Brazil, Chili, Peru, Central America, New Grenada, Venezuela, Texas, and Naples, including an arrearage to the charge d’affaires to Texas of one thousand two hundred and eighty-four dollars, fifty-nine thousand seven hundred and eighty-four dollars;

Minister to Turkey.For salary of a minister, resident of the United States, to Turkey, six thousand dollars;

Drogoman, expenses, &c.For salary of the drogoman, and for contingent expenses of the legation to Turkey, six thousand five hundred dollars;

Expenses of missions.For contingent expenses of all the missions abroad, thirty thousand dollars;

Consuls at London and Paris.For salaries of the consuls of the United States at London and Paris, four thousand dollars;

Barbary powers.For expenses of intercourse with the Barbary powers, seventeen thousand four hundred dollars;

Relief, &c. of Am. seamen.For the relief and protection of American seamen in foreign countries, forty thousand dollars;

Expenses of foreign intercourse.For the contingent expenses of foreign intercourse, twenty-five thousand dollars;

Expenses of Am. consul at Lond.
Act of Jan. 19, 1836, ch. 2.
For clerk hire, office rent, stationery, and other expenses in the office of the American consul in London, per act of nineteenth of January, eighteen hundred and thirty-six, two thousand eight hundred dollars;

Consulates in Turkish dominions.For interpreters, guards, and other expenses incidental to the consulates in the Turkish dominions, five thousand five hundred dollars;

Library of Congress.For salary of the principal and two assistant librarians, pay of the messenger, and for contingent expenses of the library, three thousand nine hundred and fifty dollars;

Purchase of books.For the purchase of books for the library of Congress, five thousand dollars;

Expenses of Senate.For stationery, fuel, printing, and all other contingent expenses of the Senate, in addition to former appropriations, forty thousand dollars;

Expenses of House of Representatives.For stationery, fuel, printing, and all other contingent expenses of the House of Representatives, in addition to former appropriations, one hundred thousand dollars;

The two sums last mentioned to be applied to the payment of the ordinary expenditures of the Senate and House of Representatives, severally, and to no other purpose.

Principal gardener.For salary of the principal gardener, one thousand two hundred dollars;

House and grounds.For alterations and repairs of the President’s house and furniture, and for superintendence of the grounds, three thousand four hundred and sixty-five dollars;

Preparing, &c. documents.For preparing, printing, and binding documents ordered by the resolutions of the Senate of the second of July, one thousand eight hundred and thirty-six, and second March, one thousand eight hundred and thirty-seven, relating to the establishment of the seat of Government; plans, and surveys for the improvement of harbors and rivers, roads and canals; to be disbursed under the direction of the committee to audit and control the contingent expenses of the Senate, fifteen thousand dollars;

Relief of insolvent debtors.For expenses arising under the act for the relief of certain insolvent debtors of the United States, three thousand dollars;

Wall at New Orleans.For an appropriation carried to the surplus fund on the thirty-first of December, one thousand eight hundred and thirty-six, for a brick wall around the custom-house at New Orleans, five thousand five hundred dollars;

Marine hospital at Mobile.For completing the marine hospital authorized to be erected in the city of Mobile, fifteen thousand dollars;

Repair of pier, &c. on Staten Island.For an appropriation carried to the surplus fund on the thirty-first of December, eighteen hundred and thirty-seven, for the repair of the pier and wharves at the public stores on Staten island, two thousand three hundred and thirteen dollars and seventy-five cents;

Custom-house at Boston.For constructing the custom-house at Boston, seventy-five thousand dollars;

Custom-house at New York.For constructing the custom-house at New York, one hundred and fifty thousand dollars;

Furniture.For furnishing one hundred and fifty-six rooms in the new Treasury building, including one thousand dollars for shelves and cases in the various rooms occupied by the Register, sixteen thousand six hundred dollars;

Smithsonian legacy.For carrying into effect the acts relating to the Smithsonian legacy, ten thousand dollars, to be paid out of the fund arising from that legacy.

Surveying the public lands.For surveying the public lands, in addition to the unexpended balance of former appropriations, fifteen thousand dollars;

Surveying the public lands in Louisiana.For surveying the public lands in Louisiana, at a rate not exceeding eight dollars per mile, in addition to the special appropriation for this purpose, per act of the third of March, eighteen hundred and thirty-seven, fifteen thousand dollars;

New Treasury building.For the construction of the new Treasury building, one hundred thousand dollars;

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

Capitol.For alterations and repairs of the Capitol and incidental expenses, one thousand one hundred and ninety-eight dollars;

Lighting lamps, &c.For lighting lamps and keeping in order the public grounds around the Capitol, the iron waterpipes, and wooden fences, six thousand three hundred and six dollars;

Attendance at western gates.For attendance on the western gates of the Capitol, five hundred and forty-seven dollars and fifty cents;

Lighthouse on Goat Island.For removing a lighthouse on Goat island, being the balance of former appropriations carried to the surplus fund, eight thousand seven hundred and six dollars and seventy-five cents;

East pass Appalachicola.For deepening the straight channel of the east pass to Appalachicola, Florida, being the balance of an appropriation transferred to this improvement, and since carried to the surplus fund, nine thousand nine hundred dollars;

Saybrook harbor.For improving the harbor of Saybrook, by removing the bar at the mouth of Connecticut river, being the balance of an appropriation carried to the surplus fund, fifteen thousand seven hundred and ten dollars;

Charge d’affaires to Holland.For an outfit of a charge d’affaires to Holland, four thousand five hundred dollars;

Warehouse at Baltimore.For completing the warehouse at Baltimore, thirty thousand dollars;

Documentary History.For the balance due on account of the first volume of the Documentary History of the United States, five thousand six hundred and two dollars; and the Secretary of State is hereby authorized to deliver to the Clerk of the House of Representatives, three hundred and sixty-eight copies of said work, to be distributed to each of the members of the House of Representatives of the twenty-third, twenty-fourth and twenty-fifth Congresses, who are not entitled to receive the same under former resolutions or acts of Congress.

H. Randall.For the balance due H. Randall for a lot of ground upon which the engine-house of the Union Fire Company has been erected, three hundred dollars;

Surveying public lands in Illinois.For surveying the public lands in the State of Illinois, and for surveys not yet completed, twelve thousand dollars;

Custom-house at Key West.For repairs of the custom-house at Key West, one thousand six hundred and twenty-five dollars;

Group of statues.For the third payment to Luigi Persico, under the contract with him or a group of statues for the Capitol, four thousand dollars;

Paintings for the rotundo.For the third payment to the artists engaged in executing paintings for the rotundo of the Capitol, eight thousand dollars;

Chart of bay, &c. New York.For engraving a chart of the bay and harbor of New York, five thousand dollars;

Arrears to clerks at Philadelphia.For paying the clerks in the custom-house at Philadelphia, the arrears of their salaries from eighteen hundred and thirty-two, to eighteen hundred and thirty-seven, so as to make the same equal to what they received in the last mentioned year, on the same principle as has been applied at New York, fifteen thousand dollars, or so much thereof as may be necessary;

Books and papers relating to Spanish grants, &c.For procuring such books and papers relating to Spanish grants of land, formerly belonging to the late Spanish surveyors in the Territories of Orleans or Florida, as may be useful to protect the interests of the United States, and to be expended only with the approbation of the Secretaries of the State and Treasury Departments, after an inspection and examination of said books and papers by a competent person or persons, at the General Land Office, a sum not exceeding twenty thousand dollars;

Support of U. S. penitentiary in Washington.For support of the United States Penitentiary in the city of Washington for the year eighteen hundred and thirty-nine, including the pay of officers and agents, rations, clothing, beds and bedding, hospital stores and medicines, repairs to buildings, fuel, raw materials to be worked up, allowance to discharged convicts and other contingencies as per estimate of board of inspectors, twelve thousand five hundred and thirty-seven dollars and thirty-six cents;

South’n boundary of Iowa.[For] the survey of the southern boundary of the Territory of Iowa, nine hundred and sixty-nine dollars and five cents;

Public lands in Wisconsin.For the surveys of the public lands north of the Wisconsin and Neenah rivers in Wisconsin, the sum of five thousand dollars;

New cupolas.For three new cupolas over the Library of Congress, one thousand four hundred and eighty-two dollars and twenty-four cents;

Pipes to water Capitol gro’ds.For branch-pipes and stop-cocks to water the Capitol grounds, three hundred and fifty dollars and thirty cents;

Repairing water pipes.For repairing the water-pipes from the Tiber, north of the Capitol, to the Capitol, five hundred dollars;

C. Gordon.For compensating Charles Gordon for services rendered under the resolutions of the Senate of the second of July, eighteen hundred and thirty-six, and the twenty-eighth of June, eighteen hundred and thirty-eight, one thousand eight hundred dollars;

President’s house.For completing the special repairs heretofore proposed in the President’s house, including a deficiency in a former appropriation, one thousand five hundred and eleven dollars and twenty-two cents;

Purchase of fire engines, &c.For the purchase of two fire engines for the Capitol, the Marine Barracks, and the Navy Yard, including apparatus and for suction and hose for the Perseverance fire company, ten thousand one hundred dollars;

General Post Office. Act of July 2, 1836, ch. 270.For the service of the General Post Office, for the year one thousand eight hundred and thirty-nine, in conformity to the act of second July, eighteen hundred and thirty-six, five million one hundred thousand dollars;

Transportation of the mails.For the transportation of the mails, three million five hundred and twenty-nine thousand dollars;

Compensation of postmasters.For compensation of postmasters, one million and ninety-one thousand dollars;

Ship letters, &c.For ship, steamboat, and way letters, thirty-five thousand dollars;

Wrapping paper.For wrapping-paper, twenty-five thousand dollars;

Office furniture.For office furniture, six thousand dollars;

Advertising.For advertising, thirty-eight thousand dollars;

Mail bags.For mail-bags, forty-eight thousand dollars;

Blanks.For blanks, thirty-four thousand dollars;

Mail locks, &c.For mail-locks, and keys, and stamps, twelve thousand dollars;

Mail depredations, &c.For mail depredations and special agents, fifteen thousand dollars;

Clerks.For clerks for offices, two hundred thousand dollars;

Miscellaneous.For miscellaneous, sixty-seven thousand dollars; Provided, That the President and Postmaster General shall have the same power to transfer funds from one to another head of appropriation, between the foregoing appropriations made for the service of the General Post Office, as the President and any other head of an Executive department now have to transfer funds appropriated under one head to the service of another, in any other branch of the public service.

Money paid to collectors, &c. for unascertained duties, &c.Sec. 2. And be it further enacted, That from and after the passage of this act, all money paid to any collector of the customs, or to any person acting as such, for unascertained duties or for duties paid under protest against the rate or amount of duties charged, shall be placed to the credit of the Treasurer of the United States, kept and disposed of as all other money paid for duties is required by law, or by regulation of the Treasury Department, to be placed to the credit of said Treasurer, kept and disposed of; and shall not be held by the said collector, or person acting as such, to await any ascertainment of duties, or the result of any litigation in relation to the rate or amount of duty legally chargeable and collectable in any case where money is so paid; but whenever it shall be shown to the satisfaction of the Secretary of the Treasury, that in any case of unascertained duties or duties paid under protest more money has been paid to the collector or person acting as such than the law requires should have been paid, it shall be his duty to draw his warrant upon the Treasurer in favor of the person or persons entitled to the over-payment, directing the said Treasurer to refund the same out of any money in the Treasury not otherwise appropriated.[1]

No person, whose salary, &c. shall receive any extra allowance, unless authorized by law.Sec. 3. And be it further enacted, That no officer in any branch of the public service, or any other person whose salaries, or whose pay or emoluments is or are fixed by law and regulations, shall receive any extra allowance of compensation in any form whatever for the disbursement of public money, or the performance of any other service, unless the said extra allowance or compensation be authorized by law; nor shall any executive officer, other than the heads of departments, apply more than thirty dollars, 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.

Approved, March 3, 1839.


  1. Since the passage of the act of Congress of March 3, 1839, chap. 82, sec. 2, which requires collectors of the customs to place to the credit of the Treasurer of the United States all moneys which they receive for unascertained duties, or for duties paid under protest, an action of assumpsit for money had and received will not lie against the collector for the return of such duties so received by him. Carey v. Curtis, 3 Howard, 236.

    In what other modes the claimant can have access to the courts of justice this court is not called upon to decide in this case. Ibid.

    [Congress being in session when the decision of the court in the case of Carey v. Curtis, 3 Howard, 236, was made, the following act was passed.]


    Chap. XXII.An Act explanatory of an act entitled “An act making appropriations for the civil and diplomatic expenses of Government for the year one thousand eight hundred and thirty-nine.”

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing contained in the second section of the act entitled “An act making appropriations for the civil and diplomatic expenses of Government for the year one thousand eight hundred and thirty-nine,” approved on the third day of March, one thousand eight hundred and thirty-nine, shall take away, or be construed to take away or impair, the right of any person or persons who have paid or shall hereafter pay money, as and for duties, under protest, to any collector of the customs, or other person acting as such, in order to obtain goods, wares, or merchandise, imported by him or them, or on his or their account, which duties are not authorized or payable in part or in whole by law, to maintain any action at law against such collector, or other person acting as such, to ascertain and try the legality and validity of such demand and payment of duties, and to have aright to a trial by jury, touching the same, according to the due course of law. Nor shall any thing contained in the second section of the act aforesaid be construed to authorize the Secretary of the Treasury to refund any duties paid under protest; nor shall any action be maintained against any collector, to recover the amount of duties so paid under protest, unless the said protest was made in writing, and signed by the claimant, at or before the payment of said duties, setting forth distinctly and specifically the grounds of objection to the payment thereof.

    Approved, February 26, 1845.