1838. Legislative

with the

vested with pow

SEC. 4. And be it further enacted, That the Legislative Council, by and with the consent of the Governor, are hereby Council, by and vested with full power, at their first session or at any time of the Governor, thereafter, to apportion the representatives of either House of er to apportion said Legislative Council as to them may seem best and proper, the representa tion of either according to the population of the Territory; and may, for the purpose of more effectually equalizing said representation, inSenate limited crease the Senate to any number not exceeding fifteen in the to 15 members. whole.

House.

Sessions limited

to 75 days.

All acts and

parts of incon

act repealed.

SEC. 5. And be it further enacted, That no session of said Legislative Council in any year shall exceed the term of seventy-five days.

SEC. 6 And be it further enacted, That all acts and parts of sistent with this acts heretofore passed in relation to the Legislative Council of Florida which are inconsistent with or repugnant to the provi sions of this act shall be, and the same are hereby, repealed. Approved, July 7th, 1838.

CHAP. 169. An ACT to provide for the support of the Military Academy of the
United States for the year eighteen hundred and thirty-eight, and for other pur

poses.

[SEC. 1.] 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 the support of the Military Academy for the year one thousand eight hnndred and thirty-eight, viz:

Pay of officers, For pay of officers, cadets, and musicians, fifty-six thousand cadets and musi- and twelve dollars;

cians.

Subsistence of

For subsistence of officers and cadets, thirty-nine thousand officers and ca-five hundred and sixty-six dollars;

dets.

Forage of officers' horses.

Clothing of officers servants.

Expenses of the board of visiters.

tionary, &c.

For forage of officers horses, one thousand one hundred and fifty-two dollars;

For clothing of officers servants, three hundred and thirty dollars;

For defraying the expenses of the board of visiters at West Point, one thousand nine hundred and ninety-eight dollars and eighty-four cents;

Fuel, forage, sta- For, fuel, forage, stationary, printing, transportation and postage, fifteen thousand two hundred and ninety-five dollars; Repairs, im- For repairs, improvements, and expenses of buildings, grounds, roads, wharves, boats and fences, seven thousand two hundred and fifty-seven dollars and fifty cents;

provements, &c.

Pay of adjutant's and quar

For pay of adjutant's and quartermaster's clerks, nine huntermaster's cl'ks. dred and fifty dollars;

Library.

Miscellaneous

items, &c.

For increase and expenses of the library, eight hundred dollars;

For miscellaneous items and incidental expenses, one thousand five hundred and seventy-seven dollars and fifty cents;

For the erection, as per plan, of a building for recitation and 1838. military exercises, in addition to amount heretofore appropriated, Building for reeighteen thousand two hundred and fifty-four dollars and sixty litary exercises. cents;

citation and mi

For the erection of a barn and public stables, one thousand A barn and stadollars;

bles.

to the acting pro

For compensation to the acting professor of chemistry, mine- Compensation ralogy, and geology, at the Military Academy, three hundred fessor of chemisdollars;

try, &c.

For printing and binding the regulations of the Military Printing &c. the Academy, three hundred and sixty dollars;

regulations.

of the buildings

engineer, chemi

SEC. 2. And be it further enacted, That the sum of twenty- Reconstruction six thousand dollars be, and the same is hereby appropriated for the library, for the reconstruction of the buildings for the library, engineer, cal, and philosochemical and philosophical departments at the Military Acade- phical dept's. my at West Point, destroyed by fire in February last.

thorized to pay

officers the same

the year 1838, ac

year, as they

entitled to, if act

into

SEC. 3. And be it further enacted, That the Secretary of Sec. Treas. authe Treasury be, and he is hereby, authorized to pay to the the custom house collectors, deputy collectors, naval officers, surveyors, and their compensation in respective clerks, together with the weighers, gaugers, measurers, cording to the imand markers, of the several ports of the United States, out of any portations of that money in the Treasury not otherwise appropriated, such sums as would have been will give to the said officers, respectively,the same compensation 14th July 1832 in the year one thousand eight hundred and thirty-eight, accord-had gone effect. ing to the importations of that year, as they would have been entitled to receive, if the act of the fourteenth of July, one thousand eight hundred and thirty-two, had gone into effect: Provided, That no officer shall receive, under this act, a greater an- Previso. nual 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 collectors, naval officers, and surveyors, shall render an account quar- Proviso. terly 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 event of any act being passed by Con- Proviso gress at the present session to regulate and fix sala- 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 Secretary Proviso.

1838.

Proviso.

of a Topographer

ployed in the Post Office Dep't.

March 1837, and

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 two hundred dollars be appropriated, out of any moneys in the Treasury not otherwise appropriated, for the conCompensation pensation of a Topographer and clerks employed in the Post and clerks em- Office Department, in conformity with the appropriation act of March third eighteen hundred and thirty-seven, and for one adunder act third ditional clerk to keep an appropriation account until the first for an additional of January eighteen hundred and thirty-nine; and that the sum of ten thousand five hundred dollars be appropriated, out of any moneys in the Treasury not otherwise appropriated, for the Compensation compensation of clerks employed in the Auditor's Office of the office of the Au- Treasury, for the Post Office Department, from the first of January, eighteen hundred and thirty-eight, till the first of January, eighteen hundred and thirty-nine.

clerk.

of clerks in the

ditor of the Post Office.

made for the fol

Appropriations SEC 5. And be it further enacted, That the following sums lowing objects. be, and the same are hereby appropriated, out of any unappropriated money in the Treasury, viz:

Documentary For the Documentary History of the Revolution, the amount Am. Revolution. heretofore appropriated for that object and carried to the surplus

History of the

tary road, to ena

fund.

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

Charles Thomas'

the State of

ances to E. S.

Baker

To reimburse To the State of Maine to reimburse the expense of said State Maine for allow for allowances to Ebenezer S. Greely for his sufferings and Greely and John losses, attendant upon his arrest and imprisonment in the jail at Frederickton, New Brunswick, in consequence of taking the census at Madawaska, and to John Baker, and others for sufferings and losses in relation to certain proceedings in said town, the sum of eleven hundred and seventy-five dollars;

Patent Office

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

Outfit of the branch mints at

For furnishing machinery and for other expenses incident to New Orleans, the outfit of the branch mints at New Orleans, Charlotte, and Dahlonega. Dahlonega two thousand eight hundred dollars;

Charlotte, and

officers of the

Salaries of the For salaries of the Governor, Secretary Chief Judge, AssoTerry of Iowa, ciate Justices, District Attorney, and Marshal, and pay and pay of the Legis mileage of the members of the Legislative Assembly of the

lature, &c.

Territory of Iowa, and the 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;

For erecting public buildings in the Territory of Iowa, twenty thousand dollars;

:

1838.

For contingent expenses of the Senate, not anticipated when Public buildthe ordinary estimate of the year was prepared, being princi-ings in Iowa. pally for engraving and printing maps, and other printing, the Contingent expurchase of books and book-cases for the Senate committee penses of the Serooms, the expenses of committees of investigation, and the pay of clerks and committees, fifty thousand dollars.

For an outstanding balance of expenditures under the head of military surveys, and to enable the Department to settle and close that account, ten thousand dollars.

nate.

Military suring balance, &c.

veys, outstand

Surveys by the

civil engineers,

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

ance, &c.

account for lay

To close the account for the laying out and construction of a To close the mail route and post road through the Creek country, in the State ing out, &c., a of Alabama, and to pay the balances due to contractors and mail route, &c., workmen upon the said road, the sum of nineteen hundred and Creek Alabama. forty-five dollars and fifty cents.

through the

country,

additional Judge

For the salary of the additional Judge of the Orphan's Court Salary of the of Washington county in the District of Columbia, the office of the Orphan's having been created by a law of the present session of Con- ington co. D. C. gress, one thousand dollars.

Court of Wash

Judge of the

For the salary of the Judge of the Criminal Court of the Salary of the District of Columbia, the said court having been established Criminal Court by a law of Congress of the present session, two thousand dollars.

of the D. C.

effect the resolu

to steam engines,

For enabling the Secretary of the Treasury to carry into ef- To carry into fect the resolution of the twenty-ninth ultimo, on the subject of tion in relation steam engines and steam boats, and the loss of life and property & which has been suffered in their use, the sum of six thousand dollars, or so much thereof as he may find necessary for the purpose.

expenses of the and

other civil offi

ment to act 20th

to be paid, &c.

For defraying the expenses of the marshals, deputy marshals, To defray the and other civil officers of the United States, in executing the marshals, provisions of an act passed at the present session of Congress, cers of the U. S. entitled "An act to amend an act entitled 'An act in addition under the amendto the act for the punishment of certain crimes against the April 1818 how United States, and to repeal the acts therein mentioned, approved April twentieth, one thousand eight hundred and eighteen," the sum of twenty thousand dollars, to be paid out of the appropriation of three hundred and fifty thousand dollars for defraying the expenses of the courts of the United States, made in the "act 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.

1838.

For carrying into effect the act for the increase of the army, To carrying in- to wit:

to effect the act
to increase the
army.
Pay.
Clothing.

Subsistence.

Contingent ex

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

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

For subsistence seventy-four thousand six hundred and fortyfive dollars.

For contingent expenses of recruiting fifty-three thousand penses for recruit- eight hundred and eighty dollars.

ing.

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

at the Military Academy.

All money arising from the be-.

may be paid into

SEC. 6. And be it further enacted, That all the money arisquest of James ing from the bequest of the late James Smithson, of London, Smithson, which for the purpose of founding at Washington, in this District, an the Treas. shall institution to be denominated the Smithsonian Institution, State stocks, at which may be paid into the Treasury, is hereby appropriated less than five per and shall be invested by the Secretary of the Treasury, with

be invested in

an interest of not

cent., &c.

Machinery for

the Harper's Fer ry Armory.

Sec. Treas. to

cause to be made

ler's superintend

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 Smithson, 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 Harpers Ferry Armory the sum of twenty thousand dollars.

SEC. 7. And be it further enacted, That the Secretary of under Mr. Hass- the Treasury cause to be made under the superintendence of ence one stand. Mr. Hassler one standard balance for each State, and when ard balance for completed that he cause them to be delivered to the respective Governors for the use of the respective States.

each State, &c.

Catalogue of For the paper and printing of a complete catalogue of the Congress Libra- books of the Congress Library heretofore ordered, fourteen hundred dollars.

ry.

Compensation

to F. Pettrich.

For enlarging

fund of the House

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

For enlarging the contingent fund of the House of Reprethe contingent sentatives, to provide for the payment for certain expenses of Reps., &c. incurred by the House by resolution of twenty-seventh January, eighteen hundred and thirty-eight, forty-eight thousand nine hundred and sixty dollars.

Laborers, &c. at

the

square.

For laborers and horse, cart and driver employed at the PrePresident's sidents square, two thousand and fifteen dollars.

Potomac bridge;

pitol, &c.

Repairs of the For repairs of the Potomac bridge two thousand and fifty hose for the Ca. dollars; for three hundred feet of suction hose for the Capitol and Capitol grounds, two hundred dollars; for cast iron settees and chairs for the public grounds, one hundred and fifty dollars.