United States Statutes at Large/Volume 1/5th Congress/2nd Session/Chapter 37

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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.[1]


Section 1. Additional sum appropriated for fortifications.Be it enacted by the Senate and House of Representatives of the United States of America is 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 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 of 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. States erecting or completing fortifications to be credited on account of balances reported against them. 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 defense of any port or harbor within the name, or shall, under the direction of the President of the United States, make and erect any additional fortifications, pursuant to the act, intituled 1797, ch. 3.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 ninety-four, 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: Proviso.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. Part of former act repealed.
1797, ch. 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 within 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.


  1. An act to provide for the further defence of the ports and harbors of the United States, June 23, 1797, chap. 3.