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trict, one copy each; to the secretaries of state, of the treasury, of war, of the navy, and to their chief clerks, one copy each; one copy to the attorney general; to each of the comptrollors and auditors, and to the register and treasurer of the United States; and to the commissioner of the revenue, and the commissioner of the general land office, and to the paymaster-general, and the adjutant and inspector general, and the commissary-general of supplies, and the director of the mint; one copy to the collector, naval officer, surveyor, and inspector of the customs; to the governors, judges, secretaries, and clerks, of the territories of the United States; to the postmaster-general and each assistant: to the surveyors general of the lands of the United States; to the register of the land offices, and to the publishers of newspapers authorized to publish the law, one copy each.(1)
Three hundred of such copies shall be annually placed in the library of congress; and every member of congress, and every delegate shall be entitled to the use of a copy during the session, which shall be returned and accounted for, as may be prescribed by the rules of the library; one hundred of such copies shall be delivered to the secretary of war, and fifty copies to the secretary of the navy, to be by them respectively distributed among such officers of the army and navy, as the public service may require: Four hundred copies shall be reserved by the secretary of state, to be distributed by him, at his discretion, among the public, and foreign ministers and consuls, and other public agents.(2)
The residue of such copies shall be distributed among the several states and territories, in proportion to the number of representatives and delegates to which each state and territory may be entitled in congress at the time of distribution.(3)
149. Whenever the secretary of state shall enter into any contract for the publication of the laws in pamphlet form, he shall require, at least, two sufficient sureties for its faithful performance: and shall stipulate therein, that the number of copies authorized to be printed, (by the act of 20th April 1818) shall be delivered, at the office of the secretary of state, within thirty days after the adjournment of each session of congress, and that, for every day's delay in such delivery, the person so contracting shall forfeit the sum of one hundred dollars, to be deducted from the compensation to which he otherwise would have been entitled.(4)
150. The proprietor of every newspaper in which the laws, resolutions, treaties or amendments shall be published, shall receive, as full compensa. tion therefor, at the rate of one dollar for each printed page of the laws, resolutions and treaties, as published in the pamphlet form. And if it shall appear on the examination of any account, that there has been unreasonable delay, or intentional omission in the publication of the laws, the proper accounting officer of the treasury shall deduct from such account the sum charged therein for the publication of laws so delayed or omitted; and the secretary of state shall discontinue the publication of the laws in the newspaper in which such delay or omission has occurred; and in no event, shall the proprietor thereof be again employed to publish the laws of the United States.(5)
151. Once in two years, a register, containing correct lists of all the offi. cers and agents, civil, military, and naval, in the service of the United States, made up to the last day of September of each year, in which a new con
(1) Resolution 3d April, 1818.—Act 20th April, 1818, sec. 4.
(2) Ibid. sec. 5.
(3) Ibid. sec. 6.
(4) Act 20th April, 1818, sec. 7.
gress is to assemble, shall be compiled and printed under the direction of the secretary for the department of state. To enable him to form such register, he, for his own department, and the heads of the other departments, respectively, shall, in due time, cause such lists of all officers and agents in their respective departments, including clerks, cadets, and midshipmen, to be made, and lodged in the office of the department of state; and such lists shall exhibit the amount of compensation, pay, and emolument, allowed to each officer, agent, clerk, cadet and midshipman, the state and county in which he was born, and where employed.(1)
The secretary of the navy shall subjoin to the list of the persons employed in his department, the names, force, and condition of all the ships and vessels belonging to the United States, the time when, and place where, built.(1)
152. Five hundred copies of such register shall be printed; and on the first Monday in January of each year, when a new congress shall be assembled, there shall be delivered to the president, the vice-president, each head of a department, each member of the senate and house of representatives of the United States, one copy; and to the secretary of the senate, and clerk of the house of representatives, each, ten copies, for the use of the respective houses; twenty-five copies shall be deposited in the library of the United States at the seat of government, to be used like other books in that library, and the residue of such copies disposed of in such manner as congress shall from time to time direct.(1)
In addition to the matter heretofore contained in the Biennial Register, published by direction of a joint resolution passed on the twenty-seventh of April, one thousand eight hundred and sixteen, there shall be included a correct list in the next Register, of all printers of the laws of the United States subsequent to the thirtieth of September, one thousand eight hundred and thirty-one, to the thirtieth September, one thousand eight hundred and thirtythree, with the compensation allowed to each; and of all printers within the period aforesaid, in any way employed by congress, or by any department or officer of the government, with the compensation allowed to each, desig. nating the department or officer causing the printing to be executed; and that said register shall contain a correct statement of all allowances made by the postmaster-general within the period last aforesaid, to each contractor on contracts for carrying the mail, discriminating the sum paid as stipulated by the original contract, and the sum as additional allowance. And to enable the secretary of state to comply with this resolution, the several heads of departments, and officers directing or incurring the expense, or making the allowance mentioned, shall cause the lists, and the matter hereby required to be added, to be lodged in the office of the department of state, as is directed in other cases by the resolution of April twenty-seventh, one thousand eight hundred and sixteen.
All biennial registers, under the said resolution of April twenty-seventh, one thousand eight hundred and sixteen, shall hereafter be compiled and published conformably to the principles therein and hereby established.(2)
153. The secretary of state shall procure from time to time such statutes of the several states, as may not be in his office.(3)
154. In case of vacancy, death, absence from the seat of government, or sickness in the office of secretary of state, secretary of the treasury, or of
(1) Resolution of April 27th, 1816. (2) Resolution of July 14, 1832.
(3) Resolution of congress, Sept. 23d, 1789.
the secretary of the department of war, or of any officer of either of said departments, whose appointment is not in the head thereof, whereby they cannot perform the duties of their respective offices, the president may authorize any person or persons, at his discretion, to perform the duties of such offices, respectively, until a successor be appointed, or such vacancy be filled: But no one vacancy shall be so supplied for a longer term than six months.(1)
155. The secretary of state shall transmit by mail, free of postage, one copy of the communications, with the accompanying documents, made by the president of the United States to congress, or to either house thereof, of reports made by the secretary of state, by the secretary of the treasury, by the secretary of war, by the secretary of the navy, by the postmaster-general, by the commissioners of the sinking fund, to congress, or either house thereof, by any committee respectively; for each of the judges of the supreme court, and of the district courts, and of the territories of the United States, to any post office within the United States, they may respectively designate.(2)*
* For the number of clerks employed in the departments, and their compensa
tion, see Biennial Register.
ART. 156. The department of the treasury is constituted of the following officers, viz. the secretary of the treasury, who is the head of the department, two comptrollers, five auditors, auditor for the post office department, a treasurer, a register, a solicitor of the treasury, and a commissioner of the general land office, appointed by the president with consent of the
157. The secretary of the treasury, first comptroller, first auditor, the treasurer and register, and the clerks employed in the treasury department, shall not directly, nor indirectly, be concerned or interested in carrying on the business of trade or commerce, or be owner in whole, or in part, of any sea vessel, or purchase, by himself, or another in trust for him, any public lands, or other public property, or be concerned in the purchase or disposal of any public securities of any state, or of the United States, or take, or apply to his own use, any emolument or gain, for negotiating or transacting any business, in the said department other than what shall be allowed by law: nor shall any officer of the United States concerned in the collection or disbursement of the revenues thereof, be concerned in the purchase or disposal, of any public securities of the United States, or of any state, or in any public property of either: and if any person shall offend against any of the foregoing prohibitions, he shall be deemed guilty of a high misdemeanour, and if not a clerk of the treasury department, shall forfeit to the United States three thousand dollars, and if he be such clerk, five hundred dollars, and shall upon conviction, be removed from office, and forever thereafter be incapable of holding any office under the United States. If any other person than a public prosecutor shall give information of any such of fence, upon which a prosecution and conviction shall be had, one half such penalty shall be for the use of such informer.(1)
158. The restrictions above imposed on the clerks of the department of the treasury, so far as respect the carrying on of trade or business, other than in the funds or debts of the United States, or of any state, or in any kind of public property, is abolished;(2) and the restriction on officers of the United States employed in the collection of the duties imposed by law on imposts and tonnage, from buying or disposing of the funds or debts of the United States, or of any state, is repealed.(3)
159. The clerks, and other officers appointed in any of the departments of the United States, shall, before they enter on the duties of their appointment, take an oath or affirmation before one of the judges of the supreme court, or one of the judges of a district court of the United States, to support the constitution of the United States, and faithfully to execute the trust committed to them; and such oath subscribed by the person taking, and certified by the person administering it, shall be filed in the office of the person employing such clerk (or officer.)(4)
160. It shall be the duty of the secretary of the treasury to select as soon as may be practicable, and employ as the depositories of the money of the United States, such of the banks incorporated by the several states, by congress, for the district of Columbia, or by the legislative councils of the respective territories for those territories, as may be located at, adjacent or convenient to the points or places at which the revenues may be collected, or
(1) Act 2 Sept. 1789, sec. 8. Act 3 March, 1791, sec. 1. Act 8 May, 1792, sec. 12. Act 2 July, 1836.
(2) Act 8 May, 1792, sec. 12.
disbursed, and in those states, territories or districts in which there are no banks, or in which no bank can be employed as a deposite bank, and within which the public collections or disbursements require a depository, the said secretary may make arrangements with a bank or banks, in some other state, territory or district, to establish an agency, or agencies, in the states, territories or districts so destitute of banks, as banks of deposite; and to receive through such agencies such deposites of the public money, as may be directed to be made at the points designated, and to make such disbursements as the public service may require at those points; the duties and liabilities of every bank thus establishing any such agency to be the same in respect to its agency, as are the duties and liabilities of deposite banks generally under the provisions of this act: Provided, That at least one such bank shall be selected in each state and territory, if any can be found in each state and territory willing to be employed as depositories of the public money, upon the terms and conditions hereinafter prescribed, and continue to conform thereto; and that the secretary of the treasury shall not suffer to remain in any deposite bank an amount of the public moneys more than equal to threefourths of the amount of its capital stock actually paid in, for a longer time than may be necessary to enable him to make the transfers required by the twelfth section of this act; and that the banks so selected, shall be, in his opinion, safe depositories of the public money, and shall be willing to undertake to do and perform the several duties and services, and to conform to the several conditions prescribed by this act.(1)
161. If, at any point or place at which the public revenue may be collected, there shall be no bank located, which, in the opinion of the secretary is in a safe condition, or where all the banks at such point or place shall fail or refuse to be employed as depositories of the public money of the United States, or to comply with the conditions prescribed by this act, or where such banks shall not have sufficient capital to become depositories of the whole amount of moneys collected at such point or place, he shall and may order and direct the public money collected at such point or place to be deposited in a bank or banks in the same state, or in some one or more of the adjacent states upon the terms and conditions hereinafter prescribed: Provided, That nothing in this act contained shall be so construed as to prevent congress at any time from passing any law for the removal of the public money from any of the said banks, or from changing the terms of deposite or to prevent the said banks at any time from declining any longer to be the depositories of the public money upon paying over, or tendering to pay, the whole amount of public moneys on hand, according to the terms of its agreement with the said secretary.(2)
162. No bank shall hereafter be selected and employed by the secretary of the treasury as a depository of the public money, until such bank shall have first furnished to the said secretary a statement of its condition and business, a list of its directors, the current price of its stock; and also a copy of its charter; and likewise, such other information as may be necessary to enable him to judge of the safety of its condition.(3)
163. The said banks, before they shall be employed as the depositories of the public money, shall agree to receive the same, upon the following terms and conditions, to wit:
First. Each bank shall furnish to the secretary of the treasury, from
(1) Act 23 June, 1836, sec. 1.
(2) Ibid. sec. 2.
(3) Act 23 June, 1836, sec. 3.