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STATUTE II. Chap. CCII.- An Act legalizing and making appropriations for such necessary
Aug. 26, 1842. objects as have been usually included 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be law- Employment
or appointment ful for the respective heads of the Departments of the General Govern
of officers and ment to employ or appoint the officers and persons hereinafter mention
persons herein. ed, in addition to those already provided by law, in the offices, bureaus, after mentioned, and places connected with their several Departments, and at the follow- authorized. ing annual salaries, that is to say;
State Depart1. In the Department of State.-One superintendent of the north- ment.
Superintend't east Executive building, at two hundred and fifty dollars, and three
and watchmen. watchmen, at three hundred and sixty-five dollars each.
Treasury De2. In the Treasury Department.-In the First Comptroller's office, partment.
Offices of the one assistant messenger, at three hundred and fifty dollars.
First CompIn the First Auditor's office, one additional clerk, at one thousand
Ist Auditor. In the Second Auditor's office, one additional clerk, at one thousand 2d Auditor. dollars, until the second of April, eighteen hundred and forty-three.
In the Third Auditor's office, three additional clerks, two at one 3d Auditor. thousand one hundred and fifty dollars each, and one at one thousand dollars.
In the Fourth Auditor's office, one clerk at twelve hundred dollars. 4th Auditor. In the Fifth Auditor's office, two clerks, under the act of seventh 5th Auditor.
July 7, 1838, July, eighteen hundred and thirty-eight, at one thousand dollars each.
ch. 169. The compensation of the clerk authorized by the act of May twenty- Treasurer. six, eighteen hundred and twenty-four, in the Treasurer's office, is May 26, 1824, hereby increased to one thousand dollars; and the compensation of the ch.157,
July 2, 1836, clerk in the same office authorized by the act of July two, eighteen ch. 270.' hundred and thirty-six, is hereby increased to one thousand two hundred dollars.
In the office of the Register of the Treasury, one loan clerk, (to Register. take effect from fifteenth April, eighteen hundred and forty-two,) at one thousand four hundred dollars.
In the office of the Solicitor of the Treasury, three additional clerks, Solicitor. at one thousand one hundred and fifty dollars each, and one law clerk, at fifteen hundred dollars.
One superintendent of the southeast Executive building, at five hun- Superintend't dred dollars, and eight watchmen, at three hundred and sixty-five dol- and watchmen. lars each.
War Depart3. In the War Department.—In the office of the Commanding ment
. General, one messenger, at five hundred dollars.
Office of the In the office of the Adjutant General, one messenger, at five hun
General. dred dollars.
Adj. General. In the office of the Commissary General of Subsistence, one addi- Comm'y Gen. tional clerk, at one thousand dollars, one messenger, five hundred dol- of Subsistence. lars. In the office of the Commissioner of Pensions, one messenger, at
of Pensions. seven hundred dollars, until the first day of January next, after which time there shall be two messengers only in said office, at a compensation of five hundred dollars each.
Chief Engi. In the office of the Chief Engineer, one messenger at five hundred dollars. In the office of the Surgeon General, one clerk, at one thousand one Surgeon Gen
eral. hundred and fifty dollars, and one messenger at five hundred dollars.
Colonel of In the office of the Colonel of Ordnance, one messenger at five hun
Ordnance. dred dollars.
Topographical In the bureau of Topographical Engineers, two clerks, each one Engineers. thousand, one at one thousand four hundred, and one messenger at
five hundred dollars. Superintendent One superintendent of the northwest Executive building, at two and watchmen. hundred and fifty dollars, and four watchmen, at three hundred and
sixty-five dollars each. Navy Depart. 4. In the Nary Department.-- In the Navy Commissioners' office,
two additional clerks, at one thousand four hundred dollars each. Navy Commis
Two additional clerks, at one thousand two hundred dollars each. Superintendent One superintendent of the southwest Executive building, at two hunand watchmen.
dred and fifty dollars, and three watchmen, at three hundred and sixty
five dollars each. Office of Ser. 5. In the office of the Sergeant-at-Arms of the House of Representageant-at-Arms,
tives.—One messenger, at the daily compensation received by the other House of Repre
messengers of the House of Representatives, and in lieu of one of them. Attorney Gen- 6. In the office of the Attorney General.-One messenger, five huneral's office.
Sec. 2. And be it further enacted, That in the Supreme Court of
the United States one reporter shall be appointed by the court, with a Reporter to Supreme Court salary of twelve hundred and fifty dollars: Provided, That he deliver to be app vinted, to the Secretary of State, for distribution, one hundred and fifty copies &c.
of each volume of reports that he shall hereafter prepare and publish, Proviso.
immediately after the publication thereof, which publication shall be made annually, within four months after the adjournment of the court
at which the decisions are made. Salaries of as- Sec. 3. And be it further enacted, That the assistant librarian of the sistant librarian library of Congress shall receive eleven hundred and fifty dollars, and of Congress, and messenger.
the messenger seven hundred dollars, per annum, to take effect from the first day of January, eighteen hundred and forty-two, in lieu of their
present compensation. A clerk's sala. Sec. 4. And be it further enacted, That the clerk in the office of ry in office of
the Secretary of the Navy, whose salary was fixed at eight hundred dolSec. Navy in. creased.
lars by the act of the twentieth of April, eighteen hundred and eighAct of April teen, shall receive, in addition thereto, two hundred dollars. 20, 1818, ch. 87.
Sec. 5. And be it further enacted, That the Secretary of the TreaAdditional clerk in office of sury be, and he is hereby, authorized to employ an additional clerk, as Sec. of Treas. assistant in his office, at a salary of eighteen hundred dollars per an
Clerks to su. num; and the superintendent of Indian Affairs at St. Louis be, and he perintendent In- hereby is, authorized to employ one clerk, at a compensation of twelve dian affairs, St. Louis.
hundred dollars, in lieu of the two clerks authorized by the act of May Act of May 9, ninth, eighteen hundred and thirty-six; and so much of said last men1836, ch. 60. tioned act as authorizes the employment of two clerks is hereby re
pealed. Foregoing offi- Sec. 6. And be it further enacted, That the several offices, and emces, &c. autho- ployments hereinbefore mentioned are hereby made and declared to be rized uniil Ist July 1814, ex
lawful, to all intents and purposes whatever; and the respective heads cept those oth of Departments, under whom the same are held and exercised, are hereerwise limited
by authorized and empowered to fill the same, and to continue the exerby this act.
cise and discharge thereof, at the salaries aforesaid, until the first day
of July, eighteen hundred and forty-four, except such as are otherwise Proviso. limited in this act: Provided, That in all cases where any of the afore
mentioned officers, or other persons herein authorized to be employed, have already been employed, and are now in the discharge of their respective duties, or have been so since the first day of January last, under the authority of former appropriation bills, at a different rate of compensation than is hereby authorized and affixed to their respective places, they shall be entitled to receive the same rate of compensation heretofore allowed, and at which they have been retained in employment, from the first day of January last to the time of the passage of
this act. Appropriation. Sec, 7, And be it further enacted, That the sum of fifty thousand
dollars, or so much thereof as may be found necessary, be, and the Appropriation same is hereby, appropriated, for the year eighteen hundred and forty- for the objects two, out of any unappropriated moneys in the Treasury, to the objects specified. hereinbefore specified.
Sec. 8. And be it further enacted, That it shall not be lawful for the Salaries of dra. President of the United States to allow a dragoman at Constantinople, goman at Con a salary of more than two thousand five hundred dollars; or a consul at consul at Lon. London, a salary of more than two thousand dollars.
don, limited. Sec. 9. And be it further enacted, That the President of the United Salaries of mi. States shall not allow to any minister resident a greater sum than at the nisters resident
limited. rate of six thousand dollars per annum, as a compensation for all his personal services and expenses : Provided, That it shall be lawful for Proviso. the President to allow to such minister resident, on going from the United States to any foreign country, an outfit, which shall in no case exceed one year's full salary of such minister resident.
Sec. 10. And be it further enacted, That the office of Architect Office of archiof the Public Buildings be, and the same is hereby, discontinued and tect abolished. abolished.
Sec. 11. And be it further enacted, That it shall be the duties of Report of the Secretaries of State, of the Treasury, War, and Navy, of the Com
clerks, &c. to
be made annu. missioners of the Navy, of the Postmaster General, of the Secretary of ally to Conthe Senate, and of the Clerk of the House of Representatives, to report gress. to Congress, at the beginning of each year, the names of the clerks and other persons that have been employed, respectively, during the preceding year, or any part thereof, in their respective departments 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 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 respective stations, rendered at such times as does not interfere with the performance of their regular duties. Sec. 12. And be it further enacted, That no allowance or compen
No allowance sation shall be made to any clerk or other officer, by reason of the dis- to be made for charge of duties which belong to any other clerk or officer in the same or any other department; and no allowance or compensation shall be made for any extra services whatever, which any clerk or other officer may be required to perform.
Sec. 13. And be it further enacted, That it shall be the duty of each Duty of chief chief or principal clerk in the respective departments, bureaus, and
clerks to super
vise the duties other offices, to supervise, under the direction of his immediately supe- of other clerks. rior 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, according 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 arrangement or despatch of business; and such defect shall be amended by new arrangements of duties, dismissal of negligent or incompetent officers, or otherwise.
Sec. 14. And be it further enacted, That it shall be the duty of the several heads of Departments, in communicating estimates of expendi
Manner in tures and appropriations to Congress, and to any of the committees are to be comes thereof, to specify, as nearly as may be convenient, the sources from municated to which such estimates are derived, and the calculations upon which they Congress. are founded; and, in so doing, to discriminate between such estimates
as are conjectural 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. Employment Sec. 15. And be it further enacted, That no extra clerk shall be of exira clerks.
employed, in any department, bureau, or office, at the seat of Government, except during the session of Congress, or when indispensably 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 necessarily employed. Employment Sec. 16. And be it further enacted, That no messenger, assistant of messengers, messenger, laborer, or other person, shall be employed in any departlaborers, &c.
ment, bureau, or office at the seat of Government, or paid out of the contingent 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 exceeding one hundred dollars per annum shall be applied by each department (except the Department of
State,) for the purchase of newspapers for such department, and all the Purchase of newspapers.
bureaus and offices connected therewith; and such papers shall be pre
served as files for said department. Stationery and job printing to
Sec. 17. And be it further enacted, That all stationery, of every name be furnished and and nature, for the use of the two Houses of Congress, and all staperformed by tionery and job printing, of every name and nature, for the use of the
several departments of Government, and for the bureaus and offices in those departments at Washington, including all stationery, blanks, wrapping paper, and twine, and mail bags, furnished the post offices and collectors' offices throughout the United States, shall hereafter be furnished and performed by contract, by the lowest bidder, as follows: the Secretary of the Senate, the Clerk of the House of Representatives, the head of each department, and such deputy postmasters in the Post Office establishment, and such collectors in the custom-house establishment, as the Postmaster General and the Secretary of the Treasury shall respectively designate for that purpose, shall respectively advertise, once a week, for at least four weeks, in one or more of the principal papers published in the places where such articles are to be furnished, or such printing done, for sealed proposals for furnishing such articles, or the whole of any particular class of articles, or for doing such printing, or the whole of any specified job thereof, to be done at such place, specifying in such advertisement the amount, quantity, and description of each kind of articles to be furnished, and, as near as may be, the nature, amount, and kind of printing to be done; and all such proposals shall be kept sealed until the day specified in such advertisement for opening the same, when they shall be opened, by or under the direction of the officer making such advertisement, in the presence of at least two persons; and the person offering to furnish any class of such articles, or to perform any specified portion or job of said work, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for doing the same; and in case the lowest bidder shall fail to enter into such con
tract and give such security within a reasonable time, to be fixed in such advertisement, then the contract shall be given to the next lowest bidder who shall enter into such contract and give such security. And in case of a failure to supply the articles or to perform the work, by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States, in any court having jurisdiction thereof.
Sec. 18. And be it further enacted, That all such bids or proposals Bids and proshall be returned by the person authorized, as aforesaid, to receive the posals to be
preserved, &c. same, to the Executive Department from which such authority is derived, and shall be preserved in said Department, subject to such examination as Congress may at any time order and direct.
Sec. 19. And be it further enacted, That no part of the contingent Relative to the fund appropriated to any department, bureau, or office, shall be applied purchase of
c to the purchase of books, periodicals, pictures, or engravings, 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 department, and shall, by written order, direct to be procured for that purpose.
Sec. 20. And be it further enacted, That it shall be the duty of the Detailed state. Secretary of the Senate, at the commencement of every regular session ment of the of Congress, to report to the Senate, and of the Clerk of the House of manner in
which the conRepresentatives to report to the House, and of the head of each De- tingent funds partment to report to Congress, a detailed statement of the manner in have been exwhich the contingent fund for each House, and of their respective De- pended, to be
reported to Con. partments, and for the bureaus and offices therein, has been expended,
gress. giving the names of every person to whom any portion thereof has been paid; and if for any thing 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 preceding year, expended by them; and the results of such returns and the sums totål shall be communicated annually to Congress, by the said officers, respectively.
Sec. 21. And be it further enacted, That the act entitled "An act to Act 20th Sept. provide for the publication of the laws of the United States, and for 1818, ch. 80, reother purposes," approved April twentieth, eighteen hundred and eigh- quiring the laws teen, so far as the same authorizes or requires the laws, resolutions, in the states and treaties, and amendments of the Constitution of the United States, to territories, re. be published in any paper or papers printed in the different States or pealed; and in Territories of the United States, is hereby repealed; and in lieu there- they shall be of, it shall be the duty of the Secretary of State to publish such laws, published in
not less than resolutions, treaties, and amendments, in not less than two nor more than four of the principal newspapers published in the city of Washing- newspapers in ton for country subscribers, giving the preference to such papers as have Washington. the greatest number of permanent subscribers and the most extensive circulation ; for which the proprietor of each paper shall receive, as full Compensation compensation, at the rate of one dollar for each page of the laws, reso
for publishing. lutions, treaties, and amendments, as published in pamphlet form. And if it shall appear, on the examination of any account, that there has been
In case of de any unreasonable delay or intentional omission in the publication of the lay, &c. in the laws aforesaid, the proper accounting officer of the Treasury is hereby Seduction io be authorized and required to deduct from such account such sum as shall made, &c. be charged therein for the publication of any laws which shall have been
two or more