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United States Statutes at Large/Volume 5/28th Congress/1st Session/Chapter 107

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United States Statutes at Large, Volume 5
United States Congress
Public Acts of the Twenty-Eighth Congress, First Session, Chapter 107
4110593United States Statutes at Large, Volume 5 — Public Acts of the Twenty-Eighth Congress, First Session, Chapter 107United States Congress


June 17, 1844.

Chap. CVII.An Act making appropriations for the naval service for the fiscal year ending the thirtieth day of June, eighteen hundred and forty-five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,In addition to unexpended balances. That the following sums be appropriated out of any unappropriated money in the Treasury, in addition to the unexpended balances of former appropriations for the naval service for the fiscal year commencing on the first day of July, eighteen hundred and forty-four, and ending on the thirtieth day of June, eighteen hundred and forty-five:

Pay of officers and seamen.
Proviso.
For pay of commission, warrant and petty officers and seamen, including the engineer corps of the navy, two millions five hundred and nine thousand one hundred and eighty-nine dollars: Provided, That the whole number of petty officers, seamen, ordinary seamen, landsmen and boys in the naval service, shall not exceed seven thousand five hundred at any one time during the fiscal year for which this appropriation is made:Proviso. And provided, further, That no portion of the said sum be applied to the pay of any officers of any grade of the navy beyond the number allowed by law, in the respective grades, on the first day of September, eighteen hundred and forty-two:Proviso. And provided, further, That all persons who may have been appointed as masters mates since the fourth day of August, eighteen hundred and forty-two, and who were not at the time of their appointment able seamen of the first class, shall be forthwith discharged, except such as shall have actually gone to sea; and those at sea shall be discharged and sent back in the first national ship returning to the United States, and paid to the period of their return; and in case no opportunity for returning shall be presented before the expiration of the cruise of the ship to which they are attached, then they shall be discharged on the return of such ship and paid to that time.

Kittery.For pay of the civil establishment at the navy-yard in Kittery, Maine, viz:

Storekeeper.For pay of naval store-keeper, fourteen hundred dollars;

Clerk.For pay of clerk to naval store-keeper, seven hundred and fifty dollars;

Constructor.For pay of naval constructor, two thousand three hundred dollars;

Clerks.For pay of clerk of navy-yard, nine hundred dollars;

For pay of clerk of commandant, nine hundred dollars;

For pay of clerk of naval constructor, four hundred dollars;

Porter.For pay of porter of navy-yard, three hundred dollars;

Inspector.For pay of inspector of timber, seven hundred dollars;

Charlestown.For pay of the civil establishment at navy-yard in Charlestown, Massachusetts, viz:

Storekeeper.For pay of naval store-keeper, seventeen hundred dollars;

Clerks.For pay of three clerks to naval store-keeper, twenty-one hundred and fifty dollars;

Constructor.For pay of naval constructor, two thousand three hundred dollars;

Inspector.For pay of inspector of timber, one thousand and fifty dollars;

Clerks.For pay of clerk of navy-yard, nine hundred dollars;

For pay of two clerks to commandant of navy-yard, sixteen hundred and fifty dollars;

For pay of clerk to naval constructor, six hundred and fifty dollars;

Porter.For pay of porter of navy-yard, three hundred dollars;

Magazine keeper.For pay of keeper of magazine, four hundred and eighty dollars;

Brooklyn.For pay of the civil establishment at the navy-yard in Brooklyn, New York, viz:

Storekeeper.For pay of naval store-keeper, seventeen hundred dollars;

Clerks.For pay of three clerks for naval store-keeper, twenty-one hundred and fifty dollars;

Constructor.For pay of naval constructor, two thousand three hundred dollars;

Inspector.For pay of inspector of timber, one thousand and fifty dollars;

Clerks.For pay of clerk of the navy-yard, nine hundred dollars;

For pay of two clerks to commandant of the navy-yard, sixteen hundred and fifty dollars;

For pay of clerk to naval constructor, six hundred and fifty dollars;

Porter.For pay of porter of navy-yard, three hundred dollars;

Magazine keeper.For pay of keeper of the magazine, four hundred and eighty dollars;

Philadelphia.For pay of the civil establishment of the navy-yard in Philadelphia, viz:

Storekeeper.For pay of naval store-keeper, twelve hundred and fifty dollars;

Clerk.For pay of clerk to naval store-keeper, seven hundred and fifty dollars;

Constructor.For pay of naval constructor, two thousand three hundred dollars;

Inspector.For pay of inspector of timber, nine hundred dollars;

Clerks.For pay of clerk of navy-yard, nine hundred dollars;

For pay of clerk to commandant of the navy-yard, nine hundred dollars;

For pay of clerk to naval constructor, four hundred dollars;

Porter.For pay of porter of navy-yard, three hundred dollars.

Washington.For pay of the civil establishment at the navy-yard in Washington, District of Columbia, viz:

Constructor.For pay of chief naval constructor, three thousand dollars;

Steam engineer.For pay of principal steam engineer, twenty-five hundred dollars;

Storekeeper.For pay of naval store-keeper, seventeen hundred dollars;

Clerk.For pay of clerk of naval store-keeper, seven hundred and fifty dollars;

Inspector.For pay of inspector of timber, nine hundred dollars;

Clerks.For pay of clerk of navy-yard, nine hundred dollars;

For pay of two clerks to commandant of navy-yard, sixteen hundred and fifty dollars;

Porter.For pay of porter of the navy-yard, three hundred dollars;

Magazine keeper.For pay of keeper of the magazine, four hundred and eighty dollars;

Gosport.For pay of the civil establishment at the navy-yard in Gosport, Virginia, viz:

Storekeeper.For pay of the naval store-keeper, seventeen hundred dollars;

Clerks.For pay of three clerks to naval store-keeper, twenty-one hundred and fifty dollars;

Constructor.For pay of naval constructor, two thousand three hundred dollars;

Inspector.For pay of inspector of timber, one thousand and fifty dollars;

Clerks.For pay of clerk of navy-yard, nine hundred dollars;

For pay of two clerks to the commandant of navy-yards, sixteen hundred and fifty dollars;

For pay of clerk to naval constructor, six hundred and fifty dollars;

Porter.For pay of porter of the navy-yard, three hundred dollars;

Magazine keeper.For pay of the keeper of the magazine, four hundred and eighty dollars;

Pensacola.For pay of the civil department of the navy-yard at Pensacola, in Florida, viz:

Storekeeper.For pay of naval store-keeper, seventeen hundred dollars;

Clerks.For pay of two clerks to naval store-keepers, twelve hundred dollars;

For pay of clerk of navy-yard, nine hundred dollars;

For pay of two clerks to commandant of navy-yard, sixteen hundred and fifty dollars;

Porter.For pay of porter of the navy-yard, three hundred dollars;

Warrant officer to take charge of stores in foreign ports.
Proviso.
Proviso.
And it is hereby directed that the Secretary of the Navy shall order a competent commissioned or warrant officer of the Navy to take charge of the naval stores for foreign squadrons in the place of the naval store-keepers at each of the foreign ports where said stores may be deposited and where a store-keeper is necessary: Provided, That said officers shall be required to give a bond in such amount as may be fixed by the Secretary of the Navy for the faithful performance of his duty: And provided also, That the annual compensation for all his services except travelling, shall not exceed fifteen hundred dollars.

Provisions.For provisions for the navy, including transportation, cooperage, and other expenses, six hundred and fifteen thousand eight hundred and twenty-eight dollars;

Surgeons’ necessaries, &c.For surgeons’ necessaries and appliances, for the sick and hurt of the naval service, including the marine corps, twelve thousand two hundred dollars;

Increase of navy, &c.For the increase, repair, armament and equipment of the navy, and wear and tear of vessels in commission, one million dollars;

Ordnance, &c.For the ordnance and ordnance stores, including all incidental expenses and liabilities on outstanding contracts, three hundred and seventy thousand eight hundred and eighty-five dollars;

Books, &c.For books, maps, charts and instruments, binding and repairing the same, and all expenses of the Hydrographical office, twenty-three thousand two hundred dollars;

University Square.For grading and enclosing University Square in the city of Washington, upon which the depot of charts and instruments has been erected, twelve thousand five hundred dollars;

Improvements of yards.For improvements and necessary repairs of navy-yards, viz:

Kittery.At Kittery, Maine, twenty-four thousand eight hundred dollars;

Charlestown.At Charlestown, Massachusetts, twenty-four thousand five hundred and fifty dollars;

Brooklyn, for construction of a dry dock.
Act of August 4, 1842, ch. 121.
At Brooklyn, New York, thirty-eight thousand six hundred and eighteen dollars, and the unexpended balance of the appropriation for the said navy-yard of one hundred and twenty-nine thousand one hundred dollars, made by the act entitled “An act making appropriations for the naval service for the year eighteen hundred and forty-two,” approved on the fourth day of august, eighteen hundred and forty-two, shall be immediately expended under the direction of the Secretary of the Navy in continuance of the work already commenced at said navy-yard, for the construction of a stone dry dock at the said place, or in the construction of a dry dock on some other plan, if he shall deem the same better suited for the purposes of the navy, as in his discretion he shall deem best for the public interest.

Philadelphia.At Philadelphia, Pennsylvania, nine thousand two hundred and twenty-two dollars and sixty-six cents;

Washington.At Washington, District of Columbia, sixteen thousand two hundred and sixty-seven dollars;

Gosport.At Gosport, Virginia, twenty-nine thousand eight hundred and eighty dollars;

Pensacola.
Continuation of certain works specified.
Act of March 3, 1843, ch. 83.
At Pensacola, Florida, sixteen thousand three hundred and thirty-seven dollars; and the further sum of fifty thousand three hundred and seventy-one dollars, which, with the sum of one hundred thousand dollars heretofore appropriated for the construction of a floating dry dock at that place by the act of March third one thousand eight hundred and forty-three, making together the sum of one hundred and fifty thousand three hundred and seventy-one dollars, shall be expended in the construction of the following works and in the following proportions, to wit: for a permanent wharf, sixty thousand dollars; for a ship-house and building slip, forty thousand dollars; for a store-house, twenty thousand dollars; for a timber shed, twenty thousand dollars, and for a temporary wharf, ten thousand three hundred and seventy-one dollars; according to a plan and report communicated to the Senate by the Secretary of the Navy in compliance with a resolution of the twenty-ninth April, one thousand eight hundred and forty-four.

Examination of Pensacola harbor.For the examination of the navy-yard and bottom of the harbor of Pensacola, for the purpose of ascertaining whether a dry dock can be constructed and at what cost; and whether a dry dock or a floating dock with or without a basin and railways would be most suitable for that place; and the Secretary of the Navy is hereby directed to appoint a competent board of officers and engineers to examine and report to Congress at its next session the relative properties and advantages of a dry dock, and of the different kinds of floating docks with or without a basin and railways; five thousand dollars.Yard at Portsmouth to be examined. And that a similar examination be made at the navy-yard near Portsmouth, New Hampshire, and a report made on the expediency of making a dry dock there.

Magazines atFor magazines, viz:

Charleston.At Charleston, two hundred dollars;

Brooklyn.At Brooklyn, two hundred dollars;

Washington.At Washington, two hundred dollars;

Norfolk.At Norfolk, seven hundred and fifty dollars.

Contingent expenses.For contingent expenses that may accrue for the following purposes, viz:

Freight, books, &c.For the freight and transportation of materials and stores of every description; for printing and stationery; for books, maps, charts, mathematical and nautical instruments, chronometers, models and drawings; for the purchase and repair of fire-engines, and for machinery of every description; for the repair of steam-engines in yards; for the purchase and maintenance of horses and oxen; for carts, timber-wheels, and workmen’s tools of every description; for postage of letters on public service; for coals and other fuel; for candles and oil for use of vessels of war in commission and of navy-yards and shore stations; for incidental labor at navy-yards and on board vessels not chargeable to any other appropriation; for labor attending the delivery of public stores and supplies on foreign stations; for wharfage, dockage, storage, and rent, travelling expenses of officers, and transportation of seamen; house rent to pursers, when duly authorized; funeral expenses, commissions, clerk hire, store rent, office rent, stationery and fuel to navy agents and naval storekeepers; premiums, and incidental expenses of recruiting; apprehending deserters; per diem allowance to persons attending courts-martial and courts of inquiry, or other services authorized by law; compensation to judge advocates; printing and stationery of every description, and for working the lithographic press; pilotage and towing vessels of war; assistance rendered to vessels in distress; and for no other purpose whatever, four hundred thousand dollars;

Contingencies.For contingent expenses for objects not hereinbefore enumerated, five thousand dollars;

Coal, &c.For coal and other fuel for steam vessels, forty thousand eight hundred and eighty dollars;

Marine corps.
Officers, &c. on shore.
Marine Corps.―For pay of officers, non-commissioned officers, musicians, privates and servants on shore, and subsistence of officers, two hundred thousand eight hundred and fifteen dollars and sixty cents;

Clothing.
President may direct transfer of balance.
For clothing, forty-three thousand six hundred and thirty-five dollars: and the President of the United States is hereby authorized to direct the transfer of any unexpended balance of appropriation heretofore made for the pay or subsistence of the marine corps, to the head of clothing for the marine corps;

Provisions.For provisions, forty-five thousand and eleven dollars and ninety-five cents;

Fuel.For fuel, sixteen thousand two hundred and seventy-four dollars and twelve cents;

Military stores, &c.For military stores, repair of arms, pay of armorers, accoutrements, ordnance stores, flags, drums, fifes, and musical instruments, two thousand eight hundred dollars;

Transportation of officers and troops.For transportation of officers and troops, and for expenses of recruiting, eight thousand dollars;

Barracks.For repair of barracks and rent of temporary barracks, six thousand dollars;

Contingencies.For contingencies, viz:

Freights, &c.Freight, ferriage, toll wharfage and cartage; compensation to judge advocates; per diem for attending courts-martial and courts of inquiry; per diem to enlisted men on constant labor; house rent where no public quarters are assigned; the burial of deceased marines; printing; stationery; forage; postage; the pursuit of deserters; candles and oil; straw; barrack furniture; bed sacks; spades; axes; shovels; picks; carpenters’ tools; and keeping a horse for the messenger, seventeen thousand nine hundred and eighty dollars.

American hemp.Sec. 2. And be it further enacted, That there be and there is hereby appropriated the sum of fifty thousand dollars to purchase American water-rotted hemp for the use of the navy and to pay the cost of agencies of purchase as established by law.Foreign hemp prohibited. And no further purchases of foreign hemp shall be made for the navy of the United States, except so far as a supply of American hemp of proper quality and at as cheap a price cannot be obtained.

Part of act giving officers doing higher duty, the pay of that grade, repealed.
1835, ch. 27.
1842, ch. 206.
1845, ch. 26.
Sec. 3. And be it further enacted, That so much of the first section of the act entitled “An act to regulate the pay of the Navy,” approved the third of March, one thousand eight hundred and thirty-five, and the twelfth section of an act entitled “An act to regulate the pay of pursers and other officers of the Navy,” passed August twenty-sixth, eighteen hundred and forty-two, as provides that officers temporarily performing the duties belonging to those of a higher grade shall receive the compensation allowed to such higher grade, while actually so employed, be and the same are hereby repealed.

Disbursing agents abroad to be confirmed by the Senate.Sec. 4. And be it further enacted, That no person shall be employed or continued abroad, to receive and pay money for the use of the naval service on foreign stations whether under contract or otherwise, or to perform the duties usually performed by navy agents, who has not been or shall not be appointed by and with the advice and consent of the Senate:Proviso. Provided, That this shall not apply to the disbursement of any sum now in the hands of any person heretofore employed for such purposes.

Secretary may relinquish and pay all of 10 per cent. on deliveries.Sec. 5. And be it further enacted, That the Secretary of the Navy be empowered to relinquish and pay all reservations of the ten per centum upon deliveries made under all contracts with the Navy Department, where these reservations have arisen and the contracts been afterwards extended, or where the contracts have been completed after the time of delivery by and with the consent of the Department, or in all cases where the contracts have been dissolved by the like consent, or been put an end to, or an extension thereof been prevented by operation of law, where no injury has been sustained by the public service: Provided,Proviso. That this section shall not extend or apply to any case where the reservations shall have been made on contracts which have been expired more than five years before the first day of January last.

Fortifications on Florida reef.Sec. 6. And be it further enacted, That the sum of fifty thousand dollars be and the same is hereby appropriated, for the commencement of fortifications on the Florida reef, including Key West, and the Dry Tortugas, at such positions as, in the opinion of the President, may be best adapted for the command of the straits of Florida, and the general defence on the Gulf of Mexico.

Approved, June 17, 1844.