same bounty, pay and allowances, respectively, according to their cor- SEC. 3. And be it further enacted, That the Secretary of War shall CHAP. XXXIV.-An Act for erecting Lighthouses, and placing buoys and stakes at the places therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That as soon as a cession shall be made by the state of Virginia to the United States, of the jurisdiction over a tract of land proper for the purpose, the Secretary of the Treasury be, and he is hereby authorized to provide, by contract, to be approved by the President of the United States, for building a lighthouse on Old Point Comfort, in the said state, and to furnish the same with all necessary supplies; and also to agree for the salaries or wages of the person or persons who may be appointed by the President for the superintendence and care of the same, and that the President be authorized to make the said appointments; and also, that the Secretary of the Treasury be authorized to cause six buoys to be placed near the entrance of Portland harbor, in the state of Massachusetts, at such places as, in his opinion, will best secure the navigation of the said port; and to cause the channel of Warren river, from Narraganset Bay, to the port of Warren, in the state of Rhode Island, to be staked out and distinctly marked. SEC. 2. And be it further enacted, That there be appropriated and paid, out of the monies arising from imports and tonnage, the sum of three thousand and fifty dollars, for the purposes aforesaid. APPROVED, April 27, 1798. CHAP. XXXV.—An Act to establish an Executive department, to be denominated the Department of the Navy. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be an executive department under the denomination of the Department of the Navy, the chief officer of which shall be called the Secretary of the Navy, whose duty it shall be to execute such orders as he shall receive from the President of the United States, relative to the procurement of naval stores and materials and the construction, armament, equipment and employment of vessels of war, as well as all other matters connected with the naval establishment of the United States. (a) Bounty, pay, Necessary books, &c. to be provided. Repealed March 16, 1802. STATUTE II. April 27, 1798. Lighthouse to be built on Old Point Comfort. Buoys to be placed near the entrance bor. of Portland Har Warren river to be staked. Appropriation. STATUTE II. April 30, 1798. Department of the Navy. Secretary of the Navy-his duty. (a) The acts relating to the establishment of the department of the Navy, are: An act to establish an executive department to be denominated the Department of the Navy, April 30, 1798, chap. 35; an act concerning the naval establishment, March 3, 1815; an act for the gradual increase of the navy of the United States, April 29, 1816; an act supplementary to an act entitled, "An act concerning the naval establishment," March 1, 1817; an act to amend the act entitled, "An act for the gradual increase of the navy of the United States," March 3, 1821: an act supplementary to "an act for the gradual increase of the navy of the United States," May 17, 1826; an act for the gradual improvement of the navy of the United States, March 3, 1837. He may appoint clerks. He may take possession of the books, &c. in War Office, which relate to his department. Salary of the Secretary and of his clerks. the Part of the War De SEC. 2. And be it further enacted, That a principal clerk and such other clerks as he shall think necessary, shall be appointed by the Secretary of the Navy, who shall be employed in such manner as he shall deem most expedient. In case of vacancy in the office of the secretary, by removal or otherwise, it shall be the duty of the principal clerk to take the charge and custody of all the books, records and documents of the said office. SEC. 3. And be it further enacted, That the Secretary of the Navy be and he is hereby authorized and empowered, immediately after he shall be appointed and shall enter upon the duties of his office, to take possession of all the records, books and documents and all other matters and things appertaining to this department, which are now deposited in the office of the Secretary at War. SEC. 4. And be it further enacted, That there shall be allowed to the Secretary of the Navy an annual salary of three thousand dollars, payable quarter yearly at the treasury of the United States, and the respective clerks in the office of the said department shall receive the same compensations and be subject to the same regulations, as are provided by an act, supplemental to the act, establishing the treasury department, and for a further compensation to certain officers, in the offices of the other executive departments. SEC. 5. And be it further enacted, That so much of an act, entitled act establishing "An act to establish an executive department, to be denominated the department of war," as vests any of the powers contemplated by the provisions of this act, in the Secretary for the department of War, shall be 1789, ch. 7. repealed, from and after the period when the Secretary of the Navy shall enter on the duties of his office. partment re pealed. STATUTE II. May 3, 1798. President of the Senate, Speaker, &c. authorized to administer oaths, &c. to witnesses. ly. Penalty on APPROVED, April 30, 1798. CHAP. XXXVI.-An Act to authorize certain Officers and other persons to administer oaths.(a) SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the Senate, the Speaker of the House of Representatives, a chairman of a committee of the whole, or a chairman of a select committee of either house, shall be empowered to administer oaths or affirmations to witnesses, in any case under their examination. SEC. 2. And be it further enacted, That if any person shall wilfully, swearing false absolutely and falsely swear or affirm, touching any matter or thing material to the point in question, whereto he or she shall be thus examined, every person so offending, and being thereof duly convicted, shall be subjected, to the pains, penalties and disabilities, which by law are prescribed for the punishment of the crime of wilful and corrupt perjury. STATUTE II. May 3, 1798. Additional sum fortifications. APPROVED, May 3, 1798. CHAP. XXXVII.-An Act supplementary to the act providing for the further defence of the ports and harbors of the United States. (b) SECTION 1. Be it enacted by the Senate and House of Representatives appropriated for of the United States of America in Congress assembled, That a sum not exceeding two hundred and fifty thousand dollars, in addition to the sums heretofore appropriated, remaining unexpended, shall be, and is hereby appropriated, and shall and may be paid out of any monies not (a) An act to extend the provision of the act to authorize certain officers and other persons, to administer oaths, May 3, 1798; also act of February 8, 1817, chap. 10. (b) An act to provide for the further defence of the ports and harbors of the United States, June 23, 1797, chap. 3. before appropriated, to make and complete, at the discretion of the President of the United States, the fortifications heretofore directed for certain ports and harbors, and to erect fortifications in any other place or places as the public safety shall require, in the opinion of the President of the United States; and which other fortifications he is hereby authorized to cause to be erected, under his direction from time to time as he shall judge necessary. SEC. 2. And be it further enacted, That where any state, which was found indebted to the United States, by the report of the commissioners for settling the accounts between the United States, and the individual states, shall, with the approbation of the President of the United States, proceed to finish or complete any fortification heretofore commenced by such state, for the defence of any port or harbor within the same, or shall, under the direction of the President of the United States, make and erect any additional fortifications, pursuant to the act, intituled "An act to provide for the further defence of the ports and harbors within the United States," as well the previous expenditures made since the twentieth day of March, one thousand seven hundred and ninetyfour, which shall be approved by the President of the United States, as the expenditures which have been, or which shall be directed by him, shall be allowed and credited to such state, on account of the balance found and reported, as aforesaid: Provided, that no expenditure exceeding the balance found and reported against the respective state, shall be allowed as aforesaid; and provided, that the fortifications for which the whole, or any part of the expenditure, shall be so allowed and credited as aforesaid, with their privileges and appurtenances, shall be, and shall be declared and established as the property of the United States, while maintained by them. SEC. 3. And be it further enacted, That these words of the said act, intituled "An act for the further defence of the ports and harbors of the United States," that is to say, "Provided, the said states shall, and do cede to the United States, the lands or places on which such fortifications shall be so erected, in cases where the lands are the property of such states," shall be, and the same are hereby repealed. APPROVED, May 3, 1798. CHAP. XXXVIII.-An Act to enable the President of the United States to pro- SEC. 2. And be it further enacted, That the President of the United States be, and he is hereby authorized, in case he shall find it impracticable, to procure by purchase, with certainty and dispatch proportionate to the necessities of the public service, the cannon and arms hereby required, and any considerable part thereof shall be likely to be deficient, to take, by lease, for a term of years, or by sale in fee, to the United States, one or more suitable place or places where cannon or small arms may be advantageously cast and manufactured, and shall and may there establish founderies and armouries for the manufacture of the same, respectively, and shall cause suitable artisans and laborers to be there States erect ing or completing fortifications on account of balances report to be credited ed against them. 1797, ch. 3. Proviso. Part of former act repealed. 1797, ch. 3. STATUTE II. May 4, 1798. [Obsolete.] Appropriation to purchase arms, &c. cannon, small President may establish foun dries and armouries. Accounts to be laid before Congress respecting the same. Appropriation for the found ries and armouries. employed for account of the United States; and shall and may appoint one or more persons to superintend the said works, under the direction of the department of war. And an account of the expenditures which shall be incurred in forming and employing these establishments; and of the cannon and arms which shall be cast and manufactured therein respectively, shall be laid before the Congress of the United States at their next session, and annually thereafter, so long as the same shall be continued. SEC. 3. And be it further enacted, That the sum of one hundred thousand dollars shall be and hereby is appropriated, and shall be paid out of any monies not before appropriated, for the hire, purchase and employ of the said founderies and armouries, respectively, in case such establishments shall be found necessary, as hereinbefore provided. APPROVED, May 4, 1798. STATUTE II. May 4, 1798. [Obsolete.] President may lies. Post, p. 561. CHAP. XXXIX.—An Act to authorize the President of the United States to cause to be purchased, or built, a number of small vessels to be equipped as gallies, or other wise. SECTION 1. Be it enacted by the Senate and House of Representatives provide ten gal- of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized, if the same shall appear to him necessary for the protection of the United States, to cause a number of small vessels, not exceeding ten to be built, or purchased, and to be fitted out, manned, armed and equipped as gallies, or otherwise, in the service of the United States, the officers and men to be on the same pay, and to receive the same subsistence, as officers of the same rank and men are entitled to, in the navy of the United States. SEC. 2. And be it further enacted, That the said officers shall be appointed and commissioned by the President of the United States alone during the recess of the Senate; and the said gallies or vessels shall be stationed in such parts of the United States, as he may direct. Officers may be appointed by the recess-employment of the gallies. the President in Appropriation. STATUTE II. May 8, 1798. [Obsolete.] SEC. 3. And be it further enacted, That there be appropriated for the purpose aforesaid, the sum of eighty thousand dollars, out of any monies in the treasury not otherwise appropriated. APPROVED, May 4, 1798. CHAP. XLI.—An Act directing the payment of a detachment of Militia, for services performed in the year one thousand seven hundred and ninety-four, under Major James Ore. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers be, and they are hereby authorized to settle the accounts of the militia who served on an expedition commanded by Major James Ore, against the lower Cherokee Indians, in the year one thousand seven hundred and ninety-four; and that the same be paid out of any monies in the treasury, not otherwise appropriated. APPROVED, May 8, 1798. STATUTE II. May 8, 1798. [Obsolete.] Ante, p. 461. CHAP. XLII.-An Act, to continue in force, a part of an act respecting the compensation to the Officers and Mariners of the Revenue Culters. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of an act passed the sixth day of May, one thousand seven hundred and ninetysix, intituled "An act making further provision relative to the revenue cutters," be, and the same is hereby continued in force to the end of the CHAP. XLIII.-An Act to revive and continue in force, the act respecting the compensation of clerks, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act passed on the thirtieth day of May, one thousand seven hundred and ninety-six, intituled "An act to regulate the compensation of clerks," be and the same hereby is revived and continued in force, until the first day of January next. SEC. 2. And be it further enacted, That to the aggregate of compensations for clerks in the present year, as fixed, pursuant to the aforesaid act, there shall be added, during the present year, the following sums, to wit: In the War department, one thousand six hundred dollars, for such additional clerks, and in such proportions, as the secretary of that department shall think fit: In the Treasury department, three thousand dollars for enabling the Comptroller and Auditor to employ such clerks as may be necessary in adjusting and settling the accounts which originated under the government of the United States, prior to the fourth day of March, one thousand seven hundred and eighty-nine. SEC. 3. And be it further enacted, That the sum of one hundred dollars be allowed and paid, for the year one thousand seven hundred and ninety-eight, to each of the principal and engrossing clerks in the office of the secretary of the Senate, and of the clerk of the House of Representatives; also, the like sum to the sergeant-at-arms of the House of Representatives, and to each of the doorkeepers and assistant doorkeepers of the two Houses of Congress, in addition to the compensations heretofore allowed them by law. SEC. 4. And be it further enacted, That the aforesaid sums, together with the sum of two hundred dollars additional allowance for a clerk in the Mint, granted by the aforesaid act, shall be paid out of the sum of six hundred thousand dollars, reserved by the act "making provision for the debt of the United States." APPROVED, May 14, 1798. CHAP. XLVI.-An Act to amend the act intituled "An act to amend and repeal, in part, the act intituled An act to ascertain and fix the Military establishment of the United States." SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Brigadier General who is now, or may hereafter be in the service of the United States be, and he hereby is authorized to choose his brigade-major and inspector, or either of them, from the commissioned officers in the line of the army; and that so much of the second section of the act, intituled "An act to amend and repeal, in part, the act, intituled An act to ascertain and fix the military establishment of the United States," as confines the choice of brigade-major and inspector to the captains and subalterns of the line, be, and the same is hereby repealed. SEC. 2. And be it further enacted, That the accounting officers of the treasury shall allow to Major Cushing the monthly pay, rations, forage and allowances for the same, as established by law for an inspector, during the time he has acted in said capacity by appointment of General Wilkinson. APPROVED, May 22, 1798. STATUTE II. May 14, 1798. [Obsolete.] Act respecting compensation of clerks continued. 1796, ch. 40. Additional compensation to treasury and war departments for the clerks in the present year. Additional compensation Senate and House of Representatives. to officers of the Additional allowance to a clerk in the mint. How these sums are to be paid. Ante, p. 138. STATUTE II. May 22, 1798. [Obsolete.] The brigadier general may gade major and inspector from choose his bri the commissioned officers. Ante, p. 507. Allowance to as inspector. Major Cushing |