United States Statutes at Large/Volume 5/28th Congress/2nd Session/Chapter 77

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4186524United States Statutes at Large, Volume 5 — Public Acts of the Twenty-Eighth Congress, Second Session, Chapter 77United States Congress


Feb. 13, 1845.

Chap. LXXVII.An Act making appropriations for the naval service for the year ending the thirtieth June, eighteen hundred and forty-six.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Appropriations. That the following sums be appropriated out of any unappropriated money in the treasury, in addition to the unexpended balances of former appropriations, for the naval service, for the fiscal year commencing on the first day of July, eighteen hundred and forty-five, and ending on the thirtieth day of June, eighteen hundred and forty-six:

Pay of officers and seamen, including engineer corps.
Proviso.
For pay of commission, warrant, and petty officers, and seamen including the engineer corps of the navy, two million five hundred and nine thousand one hundred and eighty-nine dollars: Provided, That the whole number of petty officers, seamen, ordinary seamen, landsmen, and boys, in the naval service, shall not exceed seven thousand five hundred at any one time during the fiscal year for which this appropriation is made;

Principal steam engineer.For pay of principal steam engineer, two thousand five hundred dollars;

Civil establishments at navy-yards.
1844, ch. 107.
For the support of the civil establishments at the navy-yards, the officers and others to be paid the annual compensation that was allowed to them, severally, in “the act making appropriations for the naval service for the year ending on the thirtieth June, eighteen hundred and forty-five,” approved the seventeenth June, eighteen hundred and forty-four, viz:

Clothing.For clothing for the navy, sixty thousand dollars.

Kittery.At Kittery, Maine.―For pay of storekeeper, naval constructor, inspector of timber, clerk to the yard, clerk to the commandant, clerk to the storekeeper, clerk to the naval constructor, and porter, seven thousand six hundred and fifty dollars.

Charlestown.At Charlestown, Massachusetts.―For pay of storekeeper, naval constructor, measurer, and inspector of timber, clerk to the yard, two clerks to the commandant, three clerks to the storekeeper, clerk to the naval constructor, keeper of magazine, and porter, eleven thousand one hundred and eighty dollars.

Brooklyn.At Brooklyn, New York.―For pay of storekeeper, naval constructor, measurer, and inspector of timber, clerk to the yard, two clerks to the commandant, three clerks to the storekeeper, clerk to the naval constructor, keeper of the magazine, and porter, eleven thousand one hundred and eighty dollars.

Philadelphia.At Philadelphia.―For pay of storekeeper, naval constructor, measurer and inspector of timber, clerk to the yard, clerk to the commandant, clerk to the storekeeper, clerk to the naval constructor, and porter, seven thousand seven hundred dollars.

Washington.At Washington.―For pay of storekeeper, measurer and inspector of timber, clerk to the yard, two clerks to the commandant, clerk to the storekeeper, keeper of the magazine, and porter, six thousand six hundred and eighty dollars.

Gosport.At Gosport, Virginia.―For pay of storekeeper, naval constructor, measurer and inspector of timber, clerk to the yard, two clerks to the commandant, three clerks to the storekeeper, clerk to the naval constructor, keeper of the magazine, and porter, eleven thousand one hundred and eighty dollars.

Pensacola.At Pensacola.―For pay of storekeeper, naval constructor, clerk to the yard, two clerks to the commandant, two clerks to the storekeeper, and porter, eight thousand and fifty dollars.

Memphis.At Memphis, Tennessee.―For pay of storekeeper, one thousand five hundred and fifty dollars; for pay of clerk to the yard, nine hundred dollars; for pay of clerk to the commandant, nine hundred dollars; for pay of porter, three hundred dollars;

Provisions.
Surgeons’ necessaries for the navy and the marine corps.
Increase, repair, &c.
Ordnance.
For provisions, including transportation, cooperage, and other expenses, six hundred and fifteen thousand eight hundred and twenty-eight dollars;

For the increase, repair, armament, and equipment of the navy, and wear and tear of vessels in commission, one million of dollars; for ordnance and ordnance stores, including all incidental expenses, three hundred and seventy thousand eight hundred and eighty-five dollars;

Books, charts, &c.For books, maps, charts, and instruments, binding and repairing the same, and all expenses of the Hydrographical Office, twenty-five thousand five hundred dollars.

Improvement of navy-yards―For improvements and necessary repairs of navy-yards, viz:

Kittery.At Kittery, Maine.―For removing old cob-work in timber dock, one thousand one hundred and fifty-eight dollars; for removing timber shed number thirteen, and steam-box house, five thousand seven hundred and forty-six dollars; for saw-pits, hoop-heating furnace, and wells, one thousand and forty-one dollars;

For repairs of all kinds, five thousand four hundred and forty-six dollars;

Charlestown.At Charlestown, Massachusetts.―For reservoir, two thousand five hundred dollars; for coal-house, eight thousand dollars;

For pier-wharf, between number one and number thirty-nine, ten thousand dollars;

For completing wharf between H and I, and rebuilding wharf, seven thousand dollars;

For repairs of all kinds, twelve thousand dollars;

Brooklyn.At Brooklyn, New York.―For brick stables, two thousand two hundred and fifty dollars;

For completing cob-wharf and slips, thirty thousand dollars;

For water-tank, one thousand dollars;

For coal-house, six thousand two hundred and fifty dollars;

For repairs of all kinds, seventeen thousand five hundred dollars;

For continuing the dry-dock, one hundred and fifty thousand dollars;

Philadelphia.At Philadelphia.―For wharfing across timber dock, and filling up, two thousand seven hundred and six dollars;

For repairs of all kinds, five thousand eight hundred and thirty-five dollars;

Washington.At Washington.―For new boilers in the camboose shop, and blowing chain-cable fires in machine shop, three thousand seven hundred and fifty-three dollars;

For completing laboratory, three thousand dollars;

For repairs of all kinds, five thousand dollars;

Gosport.At Gosport.―For completing building and launching slip number forty-eight, nine thousand five hundred dollars;

For completing store-house number sixteen, five thousand dollars;

For completing bridge across timber-dock, three thousand five hundred dollars; for coal-house, eight thousand dollars; for repairs of all kinds, nine thousand six hundred and thirty-five dollars;

Pensacola.At Pensacola.―For completing the permanent wharf, twenty-five thousand dollars;

For completing the ship-house and slip, ten thousand dollars; for completing store-house, fourteen thousand dollars; for completing timber-shed, fourteen thousand dollars; for coal-house, eight thousand five hundred dollars; for repairs of all kinds, six thousand one hundred and thirty-two dollars;

Memphis.At Memphis.―For improvements at this yard, for embankments, graduation, excavation, and walling, to secure the river fronts; for six dwelling-houses, and for foundation for the rope-walk, two hundred thousand dollars;

Sackett’s Harbor.Sackett’s Harbor.―For repairs of all kinds, six hundred dollars;

For repairs and building bulk-head or sea-wall, for repairing ship-house, and for stores for ship on the stocks, three thousand dollars;

Naval hospitals―For improvements of the naval hospitals and naval asylum, viz:

Chelsea.At Chelsea.―For a cistern, &c., to supply the hospital with water, seven hundred dollars;

For dead-house to the hospital, five hundred dollars;

Brooklyn.At Brooklyn.―For completing present hospital building, and furnishing south wing, six thousand five hundred and forty dollars;

For additional building for small-pox patients, five thousand dollars;

Gosport.Near Gosport.―For completion of walls, one thousand eight hundred and ninety-eight dollars;

For repair of hospital buildings, two thousand seven hundred and fifty dollars;

Pensacola.At Pensacola.―For centre building of hospital, nineteen thousand two hundred and twelve dollars;

For repairs of hospitals and quarters, three thousand nine hundred and twelve dollars;

Philadelphia.Naval Asylum near Philadelphia.―For two small porters’ lodges, seven hundred dollars;

For cemetery and dead-house, one thousand two hundred dollars.

Magazines―For magazines, viz:

Charlestown.
Brooklyn.
Wahsington.
Gosport.
Contingent expenses.
At Charlestown, one hundred and fifty dollars; at Brooklyn, two hundred dollars; at Washington, one hundred and fifty dollars; at Gosport, three hundred and twenty-five dollars.

For contingent expenses that may accrue for the following purposes, viz: For freight and transportation; printing and stationery; books, models and drawings; purchase and repair of fire-engines, and for machinery; repair of steam-engines in yards; purchase and maintenance of horses and oxen; carts, timber-wheels, and workmen’s tools, postage of letters on public service; coal and other fuel, and oil and candles for navy-yards and shore stations; incidental labor, not chargeable to any other appropriation; labor attending the delivery of public stores, and supplies on foreign stations; wharfage, dockage, storage and rent; travelling expenses of officers; funeral expenses; commissions, clerk-hire, store-rent, office-rent, stationery and fuel to navy agents and storekeepers; premiums and incidental expenses of recruiting; apprehending deserters; per diem allowance to persons attending courts martial and courts of inquiry, or other services authorized by law; compensation to judge advocates; pilotage and towing vessels, and assistance rendered to vessels in distress, six hundred thousand dollars; a part of which sum, not exceeding one hundred thousand dollars, may be applied to supply any deficiency that may arise in the appropriation made under this head for the service of the fiscal year ending on the thirtieth of June, eighteen hundred and forty-five; Provided also, That out of the latter sum of seventeen thousand two hundred and two dollars and eighty-two cents, be applied to the appropriation for the construction of a depot of charts and instruments, to balance expenditures heretofore made, and to pay arrearages now due for that object.

For contingent expenses for objects not heretofore enumerated, five thousand dollars;

Fuel.For coal and other fuel for steam-vessels, forty thousand eight hundred and eighty dollars;

Explosion of steam-boilers.For the purpose of enabling the Secretary of the Navy to test the value of such inventions, for preventing explosions of steam-boilers, as he may think proper, by applying the same to steam-engines on board of vessels of the United States, five thousand dollars;

Marine corps.
Pay.
Subsistence of officers.
Clothing.
Provisions.
Marine Corps.―For pay of officers, non-commissioned officers, musicians, privates, and servants, serving on shore, and subsistence of officers, two hundred thousand seven hundred and seventy-one dollars and sixteen cents;

For clothing, forty-three [thousand] six hundred and sixty-two dollars and fifty cents; for provisions, forty-five thousand and sixty-nine dollars and ninety cents;

Fuel.For fuel, sixteen thousand two hundred and seventy-four dollars and twelve cents;

Military stores, &c.For military stores, repair of arms, pay of armorers, accoutrements, ordnance stores, flags, drums, fifes, and musical instruments, two thousand three hundred dollars;

Transportation.For transportation of officers and troops, and for expenses of recruiting, eight thousand dollars;

Barracks.For repair or barracks, and rent of temporary barracks, six thousand dollars;

Contingencies.For contingencies, viz.

Freight, ferriage, toll, wharfage and cartage; compensation to judge advocates; per diem for attending courts martial and courts of inquiry; per diem to enlisted men 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, carpenters’ tools; and keeping a horse for the messenger, seventeen thousand nine hundred and eighty dollars.

R. P. Anderson.To R. P. Anderson for printing and binding for the Navy Department, by contract, thirteen hundred and thirty-one dollars.

Naval constructors.Sec. 2. And be it further enacted, That naval constructors may be required to perform duty at any navy-yard or other station; and, when so ordered, shall be entitled to the same allowance for travel which is made to officers of the navy.

Ordnance, &c. and supplies purchased out of U. S. for vessels on foreign stations, not required to be furnished by contract.
1843, ch. 83.
Sec. 3. And be it further enacted, That so much of the proviso to the act of third March, eighteen hundred and forty-three, entitled “An act making appropriations for the naval service for the half-calendar year, beginning the first of January, and ending the thirtieth day of June, eighteen hundred and forty-three, and for the fiscal year, beginning the first of July, eighteen hundred and forty-three, end ending the thirtieth day of June, eighteen hundred and forty-four,” as requires that provisions, and all other materials of every name and nature, for the use of the navy, to be furnished by contract, with the lowest bidder, after advertisement, shall be, and the same is hereby, so far modified that it shall not apply to ordnance, gunpowder, medicines, or the supplies which it may be necessary to purchase out of the United States, for vessels on foreign stations.

Pay of passed midshipmen.Sec. 4. And be it further enacted, That no more than one hundred and eighty passed midshipmen, and those senior in rank, shall at the same time receive the pay fixed by law for that class of officers.

Appointment of midshipmen.Sec. 5. And be it further enacted, That midshipmen shall hereafter be appointed from each State and Territory with reference and in proportion, as near as may be, to the number of representatives and delegates to Congress; and that, until such a proportion shall have been established, all future appointments shall be made from such States and Territories as have not their relative proportion of midshipmen on the navy list, whenever there are suitable applicants from such States or Territories; and provided further, that in all cases of appointment, the individual selected shall be an actual resident of the State from which the appointment purports to be made, and that the District of Columbia be considered as a Territory in this behalf.

Furloughs.
1835, ch. 27.
Sec. 6. And be it further enacted, That so much of the act entitled an act to regulate the pay of the navy of the United States, approved March third, one thousand eight hundred and thirty-five, as provides, that no officer shall be put on furlough but at his own request, be and the same is hereby repealed.

Appointment of engineers of the navy.Sec. 7. And be it further enacted, That in lieu of the mode heretofore provided by law, the engineer-in-chief, and chief engineers of the navy shall be appointed by the President, by and with the advice and consent of the Senate; and that the President, by and with the like advice and consent, may appoint six engineers, to be employed in the revenue service of the United States, and the Secretary of the Treasury may appoint six assistant engineers,Engineers in the revenue service. to be employed in the like service, one engineer and one assistant to be assigned to each steamer in the said service, if the same shall be deemed necessary by the Secretary of the Treasury, who shall prescribe the duties to be performed by said officers respectively; each of the said engineers shall be entitled to receive the same pay as now is, or hereafter may be, by law, allowed to first lieutenants in the Revenue service; and that each assistant engineer, shall be entitled to receive the same pay that now is, or hereafter may be, by law, allowed to third lieutenants in said service.

Pay of pursers at navy-yards.Sec. 8. And be it further enacted, That no more than one Purser doing duty at any navy-yard shall at the same time be entitled to the pay fixed by law for that service.

2d and 3d secs. act of 2d March 1837, ch. 21, extended to marines.Sec. 9. And be it further enacted, That the term “persons,” mentioned in the second and third sections of an act passed March second, one thousand eight hundred and thirty-seven, entitled “An act to provide for the enlistment of boys for the naval service, and to extend the term of enlistment of seamen,” shall be construed to include marines.

Settlement of R. M. Price’s account as purser of the Missouri.Sec. 10. And be it further enacted, That the accounting officers of the Treasury Department be authorized and directed, in the settlement of the account of Rodman M. Price, as purser of the United States steam-ship Missouri, to credit him with such portion of the amount of the slops, small stores, and money, with which he stands charged on the books of the Fourth Auditor of the Treasury, as they shall be satisfied was consumed or lost by the burning of said vessel; now, however, to exceed the sum of twelve thousand and sixty dollars; and that the said Rodman M. Price be, and he is hereby, exonerated from all liability on account of the provisions which were lost with said vessel.

Erection of marine hospitals at Pittsburg, Louisville, and Cleveland.Sec. 11. And be it further enacted, That the sum of twenty-five thousand dollars be and the same is hereby appropriated, for the purpose of erecting marine hospitals upon the sites owned by the United States at Pittsburg in Pennsylvania, Louisville in Kentucky, and at Cleveland in Ohio, under the direction of the Secretary of the Treasury.

Publication for proposals, &c. by Executive Departments.Sec. 12. And be it further enacted, That in all cases where proposals for any contract or contracts, to be made by any of the Executive Departments or Bureaus, and in all cases where notices of any description, issuing from the same, are now required by law to be advertised, the same shall be advertised by publication in the two newspapers, in the city of Washington, having the largest permanent subscription, and at the discretion of the Executive in any third paper that may be published in said city: Provided, That the charges for such publications shall not be higher than such as are paid by individuals for advertising in said papers: And provided also, That the same publications shall be made in each of said papers equally, as to frequency.

Approved, March 3, 1845.