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same bounty, pay and allowances, respectively, according to their cor Bounty, pay, respondent ranks, as are, or shall be by law, authorized and provided &c. for the other parts of the same establishment, and shall be governed by the same rules and articles of war, and shall be armed and accoutred, in such manner as the President of the United States shall direct, and shall and may be employed by him, in detachments, or otherwise, in the field, or the fortifications upon the sea coast, as, in his opinion, the public service shall require.

Sec. 3. And be it further enacted, That the Secretary of War shall Necessary provide, at the public expense, under the direction of the President of books, &c. to

be provided. the United States, all necessary books, instruments and apparatus, for

Repealed the use and benefit of the said regiment.

March 16, 1802. APPROVED, April 27, 1798.

STATUTE II.

Chap. XXXIV.-An Act for erecting Lighthouses, and placing buoys and stakes April 27, 1798.

at the places therein mentioned. SECTION 1. Be it enacted by the Senate and House of Representatives

Lighthouse to of the United States of America in Congress assembled, That as soon as be built on Old a cession shall be made by the state of Virginia to the United States, of Point Comfort. 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 Buoys to be Treasury be authorized to cause six buoys to be placed near the entrance placed near the of Portland harbor, in the state of Massachusetts, at such places as, in

Portland Harhis opinion, will best secure the navigation of the said port; and to bor. cause the channel of Warren river, from Narraganset Bay, to the port Warren river of Warren, in the state of Rhode Island, to be staked out and distinctly to be staked. marked.

Sec. 2. And be it further enacted, That there be appropriated and Appropriation. paid, out of the monies arising from imports and tonnage, the sum of ihree thousand and fifty dollars, for the purposes aforesaid.

APPROVED, April 27, 1798.

entrance of

STATUTE II, Chap. XXXV.-An Act to establish an Executive department, to be denominated

April 30, 1798. the Department of the Navy. Section 1. Be it enacted by the Senate and House of Representatives

Department of the United States of America in Congress assembled, That there shall of the Navy. be an executive department under the denomination of the Department Secretary of of the Navy, the chief officer of which shall be called the Secretary of

the Navy-his

duty. 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)

(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. Vol. I. -70

3 A

He may ap

Sec. 2. And be it further enacted, That a principal clerk and such point clerks.

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. He may take

Sec. 3. And be it further enacted, That the Secretary of the Navy possession of be and he is hereby authorized and empowered, immediately after he the books,&c. shall be appointed and shall enter upon the duties of his office, to take which relate tó possession of all the records, books and documents and all other matters his department. and things appertaining to this department, which are now deposited in

the office of the Secretary at War. Salary of the

Sec. 4. And be it further enacted, That there shall be allowed to Secretary and the Secretary of the Navy an annual salary of three thousand dollars, payof his clerks.

able 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. Part of the 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 the War De.

department of war," as vests any of the powers contemplated by the propartment re. pealed. visions 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.

APPROVED, April 30, 1798. STATUTE II. May 3, 1798. Chap. XXXVI.-An Act to authorize certain Officers and other persons to admin

ister oaths.(a) President of

Section 1. Be it enacted by the Senate and House of Representatives the Senate, Speaker, &c.

of the United States of America in Congress assembled, That the Preauthorized to sident of the Senate, the Speaker of the House of Representatives, a administer

chairman of a committee of the whole, or a chairman of a select comoaths, &c. to witnesses.

mittee of either house, shall be empowered to administer oaths or affirma

tions to witnesses, in any case under their examination. Penalty on 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 ly.

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.

APPROVED, May 3, 1798. STATUTE II. 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) Additional sum

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 fortifications.

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.

States erect

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 ing or completfor settling the accounts between the United States, and the individual ing fortifications states, shall, with the approbation of the President of the United States, on account of proceed to finish or complete any fortification heretofore commenced by balances report. such state, for the defence of any port or harbor within the same, or

ed against them. 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

1797, ch. 3. 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 ex Proviso. ceeding 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, Part of former intituled “An act for the further defence of the ports and harbors of the act repealed. United States," that is to say, “ Provided, the said states shall, and do

1797, ch. 3. 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.

STATUTE II.

Chap. XXXVIII.-An Act to enable the President of the United States to pro May 4, 1798. cure Cannon, Arms and Ammunition, and for other purposes.

(Obsolete.] SECTION 1. Be it enacted by the Senate and House of Representatives Appropriation of the United States of America in Congress assembled, That a sum not to purchase

cannon, small exceeding eight hundred thousand dollars, shall be, and hereby is appro- arms, &c. priated, and shall and may be paid out of any monies not before appropriated, under the direction of the President of the United States, to purchase, as soon as may be, a sufficient number of cannon, also a supply of small arms, and of ammunition and military stores, to be deposited, and used, as will be most conducive to the public safety and defence, at the discretion of the President of the United States. Sec. 2. And be it further enacted, That the President of the United

President may States be, and he is hereby authorized, in case he shall find it impracti

establish foun.

dries and arcable, to procure by purchase, with certainty and dispatch proportionate mouries. 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

same.

employed for account of the United States; and shall and may appoint

one or more persons to superintend the said works, under the direction Accounts to of the department of war. And an account of the expenditures which be laid before shall be incurred in forming and employing these establishments; and Congress re.

of the cannon and arms which shall be cast and manufactured therein specting the

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. Appropriation Sec. 3. And be it further enacted, That the sum of one hundred for the found. thousand dollars shall be and hereby is appropriated, and shall be paid ries and armouries,

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. Chap. XXXIX.-An Act lo authorize the President of the United States to cause to

be purchased, or buill, a number of small vessels to be equipped as gallies, or other.

wise. [Obsolete.) President may

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 Pre

sident 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 Post, p. 561.

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 apbe appointed by pointed and commissioned by the President of the United States alone the recess-em.

during the recess of the Senate; and the said gallies or vessels shall be ployment of the stationed in such parts of the United States, as he may direct. gallies.

Sec. 3. And be it further enacted, That there be appropriated for the Appropriation.

purpose aforesaid, the sum of eighty thousand dollars, out of any monies in the treasury not otherwise appropriated.

APPROVED, May 4, 1798.

Officers may

STATUTE II.

May 3, 1798.

[Obsolete.]

CHAP. XLI.-An Act directing the payment of a detachment of Militia, for ser

vices 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 com

pensation to the Officers and Mariners of the Revenue Cutters. 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 next session of Congress.

APPROVED, May 8, 1798.

STATUTE II.

CAAP. XLIII.-An Act to revive and continue in force, the act respecting the com

May 14, 1798. pensation of clerks, and for other purposes.

(Obsolete.] Section 1. Be it enacted by the Senate and House of Representatives Act respect. of the United States of America in Congress assembled, That the acting compensa: passed on the thirtieth day of May, one thousand seven hundred and

continued. ninety-six, intituled “ An act to regulate the compensation of clerks,”

1796, ch. 40. 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 compen

Additional sations for clerks in the present year, as fixed, pursuant to the aforesaid compensation to act, there shall be added, during the present year, the following sums, to treasury and wit: In the War department, one thousand six hundred dollars, for such war departadditional clerks, and in such proportions, as the secretary of that de- ments for the

present year. partment 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 dol Additional lars be allowed and paid, for the year one thousand seven hundred and compensation ninety-eight, to each of the principal and engrossing clerks in the office Senate and of the secretary of the Senate, and of the clerk of the House of Repre- House of Rep. sentatives; also, the like sum to the sergeant-at-arms of the House of resentatives. 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 ļaw.

Sec. 4. And be it further enacted, That the aforesaid sums, together Additional with the sum of two hundred dollars additional allowance for a clerk in allowance to a the Mint, granted by the aforesaid act, shall be paid out of the sum of clerk in the six hundred thousand dollars, reserved by the act "making provision How these for the debt of the United States." APPROVED, May 14, 1798.

paid.

Ante, p. 133. STATUTE II.

sums are to be

CHAP. XLVI.-An Act to amend the act intituled "An act to amend and repeal, May 22, 1798.

in part, the act intituled An act to ascertain and fix the Military establishment of the United States."

(Obsolete.) Section 1. Be it enacted by the Senate and House of Representatives The brigadier of the United States of America in Congress assembled, That the Briga- general nay, dier General who is now, or may hereafter be in the service of the United gade major and States be, and he hereby is authorized to choose his brigade-major and inspector from inspector, or either of them, from the commissioned officers in the line

the commission.

ed officers. 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

Ante, p. 507. 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

Allowance to treasury shall allow to Major Cushing the monthly pay, rations, forage as inspector.

Major Cushing 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.

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