United States Statutes at Large/Volume 5/25th Congress/3rd Session/Chapter 89

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United States Statutes at Large, Volume 5
United States Congress
Public Acts of the Twenty-Fifth Congress, Third Session, Chapter 89
3848840United States Statutes at Large, Volume 5 — Public Acts of the Twenty-Fifth Congress, Third Session, Chapter 89United States Congress


March 3, 1839.
[Expired.]

Chap. LXXXIX.An Act giving to the President of the United States additional powers for the defence of the United States, in certain cases, against invasion, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Disputed territory in Maine. That the President of the United States be, and he hereby is, authorized to resist any attempt on the part of Great Britain, to enforce, by arms, her claim to exclusive jurisdiction over that part of the State of Maine which is in dispute between the United States and Great Britain; and for that purpose, to employ the naval and military forces of the United States and such portions of the militia as he may deem it advisable to call into service.

Militia, when called into service.
1795, ch. 36.
Sec. 2. And be it further enacted, That the militia when called into the service of the United States by virtue of this act, or of the act entitled “An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, repel invasions, and to repeal the act now in force for these purposes,” may, if in the opinion of the President of the United States the public interest require it, be compelled to serve for a term not exceeding six months after the arrival at the place of rendezvous, in any one year unless sooner discharged.

In event of actual invasion, &c.Sec. 3. And be it further enacted, That in the event of actual invasion of the territory of the United States by any foreign power, or if imminent danger of such invasion discovered, in his opinion, to exist before Congress can be convened to act upon the subject, the President be, and he is hereby, authorized if he deem the same expedient, to accept the services of any number of volunteers not exceeding fifty thousand, in the manner provided for by an act entitledAct of 1836, ch. 80.An act authorizing the President of the United States to accept the service of volunteers and to raise an additional regiment of dragoons or mounted riflemen, approved May twenty-third, eighteen hundred and thirty-six.”

The President authorized to complete the public armed vessels now authorized, &c.Sec. 4. And be it further enacted, That in the event of either of the contingencies provided for in this act the President of the United States shall be authorized to complete the public armed vessels now authorized by law, and to equip, man, and employ, in actual service, all the naval force of the United States, and to build, purchase, or charter, arm, equip, and man, such vessels and steamboats on the Northern lakes and rivers, whose waters communicate with the United States and Great Britain as he shall deem necessary to protect the United States from invasion from that quarter.

Appropriation.Sec. 5. And be it further enacted, That the sum of ten millions of dollars is hereby appropriated, and placed at his disposal for the purpose of executing the provisions of this act; to provide for which the Secretary of the Treasury is authorized to borrow money on the credit of the United States, and to cause to be issued certificates of stock signed by the Register of the Treasury, for the sum to be borrowed, or any part thereof; and the same to be sold upon the best terms that may be offered after public notice for proposals for the same:Proviso. Provided, That no engagement or contract shall be entered into which shall preclude the United States from reimbursing any sum or sums thus borrowed after the expiration of five years from the first of January next; and that the rate of interest shall not exceed five per cent., payable semi-annually.

Outfit, &c. of special minister to Gr. Britain.
Proviso.
Sec. 6. And be it further enacted, That the sum of eighteen thousand dollars be, and the same is hereby, appropriated out of any money in the Treasury, not otherwise appropriated, for outfit and salary of a special minister to Great Britain: Provided, The President of the United States shall deem it expedient to appoint the same.

President authorized to apply $1,000,000 to repairing fortifications, &c.Sec. 7. And be it further enacted, That in the event of either of the contingencies provided for in the first and third sections of this act, the President of the United States shall be authorized to apply a part not exceeding one million of dollars of the appropriation made in this act to repairing or arming fortifications along the seaboard and frontier.

Militia or volunteers, when called into service of the United States, &c.
To continue in force until, &c.
Sec. 8. And be it further enacted, That whenever militia or volunteers are called into the service of the United States they shall have the organization of the army of the United States, and shall receive the same pay and allowances.

Sec. 9. And be it further enacted, That the several provisions of this act shall be in force until the end of sixty days after the meeting of the first session of the next Congress, and no longer.

Approved, March 3, 1839.