At Brooklyn, two hundred dollars; At Washington, one hundred and fifty dollars; MARINE CORPS. Marine corps. For pay of officers, non-commissioned officers, musicians, Pay and sub. privates, and servants, serving on shore, and subsistence of officers, two hundred thousand seven hundred and seventy-one dollars: Provided, That no payment shall hereafter be made Proviso. to the colonel, or any other officer of said corps, by virtue of a commission of brigadier general by brevet; For clothing, forty-six thousand seven hundred and eighty- Clothing. seven dollars and fifty cents; For provisions, forty-five thousand seventy dollars and Provisions. twenty cents; For military stores, repair of arms, pay of armorers, accou- Military stores, trements, ordnance stores, flags, drums, fifes, and musical in- repair of arms, struments, two thousand three hundred dollars; &c. For transportation of officers and troops, and for expenses of Transportation. recruiting, eight thousand dollars; For repair of barracks and rent of temporary barracks, six Barracks. thousand dollars; For contingencies, viz: freight, ferriage, toll, wharfage and Contingencies. cartage; compensation to judge advocates; per diem for attending courts martial and courts of inquiry; per diem to enlisted inen on constant labor; house rent where no public quarters are assigned; the burial of deceased marines; printing, stationery, forage, postages, and the pursuit of deserters; candles and oil; straw, barrack furniture, bed sacks; spades, axes, shovels, picks, carpenter's tools, and keeping a horse for the mes senger, seventeen thousand nine hundred and eighty dollars." cers and men to SEC. 2. And be it further enacted, That it shall be the duty Number of offiof the Secretary of the Navy, on the conclusion of the existing be reduced on war with Mexico, to reduce the number of petty officers, sea- conclusion of men, ordinary seamen, landsmen, and boys, herein provided for, to seven thousand five hundred. the war, the navy-yard SEC. 3. And be it further enacted, That it shall be the duty Expenditure for of the Secretary of the Navy, in the expenditure of the appro- at Memphis limpriations made for the navy yard at Memphis, to confine the ited. same to the construction of a ropewalk. instruction at SEC. 4. And be it further enacted, That of the money ap- Repairs, im propriated in this act for "pay of the navy," and "contingent provement, and expenses enumerated," an amount not exceeding twenty-eight Fort Severn. thousand and two hundred dollars may be expended, under the direction of the Secretary of the Navy, for repairs, improvements, and instruction at Fort Severn, Annapolis, Maryland. thorized in cer SEC. 5. And be it further enacted, That, upon application Transfers of apof the Secretary of the Navy, the President of the United States propriations aushall have authority, when in his opinion the exigencies of the tain cases. service require it, to direct that a part of the money appropria Proviso. ted for a particular branch of the naval service be applied to another branch of the said service; in which case, a special account of the moneys thus transferred, and of their application, shall be laid before Congress before its adjournment, if in session, or during the first week of the next ensuing session, if such transfer be made in the recess of Congress: Provided, That nothing contained in this act shall be construed to authorize the President of the United States to direct any sum appropriated for improvements at navy yards to be applied to any other object of public expenditure, or to authorize any sum to be transferred from any unexpended balance which may be necessary for the purposes for which the appropriation was originally made, or from any head or object of appropriation which may require another appropriation at any future time to supply This section to the deficiency occasioned by such transfer: Provided, also, priation for year That this section shall apply to the appropriations for the fiscal ending June 30, year ending June thirty, eighteen hundred and forty-six, and to no other. apply to appro 1846. Proposals for SEC. 6. And be it further enacted, That, from and after the naval supplies passage of this act, every proposal for naval supplies invited by nied by a writ- the Secretary of the Navy, under the proviso to the general apten guaranty, propriation bill for the navy, approved March third, eighteen to be accompa hundred and forty-three, shall be accompanied by a written guaranty, signed by one or more responsible persons, to the effect that he or they undertake that the bidder or bidders will, if his or their bid be accepted, enter into an obligation in such time as may be prescribed by the Secretary of the Navy, with good and sufficient sureties, to furnish the supplies proposed.No proposal shall be considered, unless accompanied by such On failure of guaranty. If, after the acceptance of a proposal, and a notifibidders to give cation thereof to the bidder or bidders, he or they shall fail to rity within time enter into an obligation within the time prescribed by the Secprescribed, the retary of the Navy, with good and sufficient sureties for furSecretary of the Navy shall con- nishing the supplies, then the Secretary of the Navy shall protract with some ceed to contract with some other person or persons for furnish bond and secu other person. ing the said supplies; and shall forthwith cause the difference between the amount contained in the proposal so guarantied and the amount for which he may have contracted for furnishing the said supplies, for the whole period of the proposal, to be charged up against said bidder or bidders, and his or their guarantor or guarantors; and the same may be immediately recovered by the United States, for the use of the Navy Department, in an action of debt against either or all of said persons. Approved, August 10, 1846. CHAP. 177. AN ACT making appropriations for the payment of Navy pen-{ sions for the year ending thirtieth June, one thousand eight hundred and forty-seven. [SEC. 1.] Be it enacted by the Senate and House of Represeniatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby Appropriation. appropriated, out of any money in the treasury not otherwise appropriated, for the paynient of navy pensions for the year ending the thirtieth June, one thousand eight hundred and forty seven : To pay invalid pensions, thirty-two thousand three hundred Invalid penand thirty-five dollars and forty cents; To pay the pensions of widows of officers, seamen, and marines, twelve thousand dollars. sions. Pensions of widows. Approved, August 10, 1846. CHAP. 178.-An Act to establish the Smithsonian Institution," for the increase and diffusion of knowledge among men. James Smithson, esquire, of London, in the kingdom of Great Preamble. Britain, having by his last will and testament given the whole of his property to the United States of America, to found at Washington, under the name of the "Smithsonian Institution," an establishment for the increase and diffusion of knowledge among men; and the United States having by an act of Congress received said property and accepted said trust; therefore, for the faithful execution of said trust according to the will of the liberal and enlightened donor Smithsonian In lished. [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President and Vice President of the United States, the Secretary of State, the Secretary of the Treasury, stitution estabthe Secretary of War, the Secretary of the Navy, the Postmaster General, the Attorney General, the Chief Justice, and the Commissioner of the Patent Office of the United States, and the Mayor of the city of Washington, during the time for which they shall hold their respective offices, and such other persons as they may elect honorary members, be, and they are hereby constituted, an "establishment," by the name of the "Smithsonian Institution," for the increase and diffusion of knowledge among men ; and by that name shall be known and have perpetual succession, with the powers, limitations, and restrictions hereinafter contained, and no other. ed lent to U. S. SEC. 2. And be it further enacted, That so much of the Amount receiv property of the said James Smithson as has been received in Treasury at six money, and paid into the Treasury of the United States, being per cent. interest from Sept. 11 the sum of five hundred and fifteen thousand one hundred and 1838. sixty-nine dollars, be lent to the United States Treasury, at six per cent. per annum interest from the first day of September, Interest accru in the year one thousand eight hundred and thirty-eight, when the same was received into the said Treasury; and that so much ing on 1st July of the interest as may have accrued on the said sum on the first next to be ap. day of July next, which will amount to the sum of two hunpropriated to the erection of dred and forty-two thousand one hundred and twenty-nine dolbuildings and other incidental lars, or so much thereof as shall by the board of regents of the institution established by this act be deemed necessary, be, and expenses. stitution. the same is hereby, appropriated for the erection of suitable buildings, and for other current incidental expenses of said Interest accru- institution; and that six per cent. interest on the said trust fund, ing semi-annu- it being the said amount of five hundred and fifteen thousand ally appropriated for the per- One hundred and sixty-nine dollars, received into the United petual mainte-States Treasury on the first of September, one thousand eight nance and support of the In- hundred and thirty-eight, payable, in half-yearly payments, on the first of January and July in each year, be, and the same is hereby, appropriated for the perpetual maintenance and support of said institution; and all expenditures and appropriations to be made, from time to time, to the purposes of the institution aforesaid, shall be exclusively from the accruing interest, and All moneys and not from the principal of the said fund. And be it further of the bequest enacted, That all the moneys and stocks which have been, or pledged to re- may hereafter be, received into the Treasury of the United fund to the U. States on account of the fund bequeathed by James Smithson, hereby appro- be, and the same hereby are, pledged to refund to the Treasury priated. of the United States the sums hereby appropriated. stocks received S. the amount Board of Regents constituted. SEC. 3. And be it further enacted, That the business of the said institution shall be conducted at the city of Washington by a board of regents by the name of the Regents of the "Smithsonian Institution," to be composed of the Vice Presi dent of the United States, the Chief Justice of the United States, and the Mayor of the city of Washington, during the time for which they shall hold their respective offices; three members of the Senate, and three members of the House of Representatives, together with six other persons, other than members of Congress, two of whom shall be members of the National Institute in the city of Washington, and resident in the said city; and the other four thereof shall be inhabitants of Regents to be States, and no two of them of the same State. And the regents appointed-how to be selected as aforesaid, shall be appointed immediately after the passage of this act-the members of the Senate by the President thereof, the members of the House by the Speaker thereof, and the six other persons by joint resolution of the Senate and House of Representatives; and the members of the House so appointed shall serve until the fourth Wednesday in December, the second next after the passage of this act; and then, biennially thereafter, on every alternate fourth Wednes day of December, a like number shall be appointed in the same manner, to serve until the fourth Wednesday in December, the second succeeding their appointment. And the Senators so appointed shall serve during the term for which they shall hold, without re-election, their office as Senators. And vacancies, and when. Vacancies how filled. occasioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled and the other six members aforesaid, shall serve, two for two years, two for four years, and two for six years; the terms of service, in the first place, to be determined by lot; but after the first term, then their regular term of service shall be six years; and new elections thereof shall be made by joint resolutions of Congress; and vacancies occasioned by death, resignation or otherwise, may be filled in like manner, by joint resolution of Congress. And the said re- When Regents gents shall meet in the city of Washington on the first Monday organize. of September next after the passage of this act, and organize shall meet and by the election of one of their number as chancellor, who Chancellor. shall be the presiding officer of said board of regents, by the name of the Chancellor of the "Smithsonian Institution," and cial meetings. a suitable person as secretary of said institution, who shall also Secretary. be the secretary of said board of regents; said board shall also Executive comelect three of their own body as an executive committee, and mittee. said regents shall then fix on the time for the regular meetings of said board; and on application of any three of the regents Regular & speto the secretary of the said institution, it shall be his duty to appoint a special meeting of the board of regents, of which he shall give notice by letter to each of the members; and at any meeting of said board, five shall constitute a quorum to do business. And each member of said board shall be paid his neces- Members of the sary travelling and other actual expenses in attending meetings their travelling of the board, which shall be audited by the executive commit- expenses. tee, and recorded by the secretary of said board; but his service as regent shall be gratuitous. And whenever money is required How payments for the payment of the debts or performance of the contracts of are to be made. the institution, incurrred or entered into in conformity with the provisions of this act, or for making the purchases and executing the objects authorized by this act, the board of regents, or the executive committee thereof, may certify to the chancellor and secretary of the board, that such sum of money is required; whereupon they shall examine the same, and, if they shall ap prove thereof, shall certify the same to the proper officer of the Treasury for payment. And the said board shall submit to Board shall reCongress, at each session thereof, a report of the operations, ex- port annually to penditures, and condition of the institution. Congress. building when SEC. 4. And be it further enacted, That, after the board of Regents to seregents shall have met and become organized, it shall be their lect a site for duty forthwith to proceed to select a suitable site for such build- and where. ing as may be necessary for the institution; which ground may be taken and appropriated out of that part of the public ground in the city of Washington lying between the Patent Office and Seventh street: Provided, The President of the United States, Proviso. the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, and the Commis. sioner of the Patent Office, shall consent to the same; but, if the persons last named shall not consent, then such location may be made upon any other of the public grounds within the |