discharged from service, except by way of punishment," shall be in force and applied to all persons, matters, and things within the intent and meaning of this act, in the same manner as if they were inserted at large in the

same.

SEC. 6. That the subsistence of the officers of the army, when not received in kind, shall be estimated at 25 cents per ration.1

SEC. 7. That there shall be appointed to each brigade, one chaplain, who shall be entitled to the same pay and emoluments as a major in the infantry.2

SEC. 8. That, in the recess of the Senate, the President of the United States is hereby authorized to appoint all or any of the officers, other than the general officers, proper to be appointed under this act; which appointment shall be submitted to the Senate, at the next session, for their advice and consent.

SEC. 9. That every commissioned and staff officer, to be appointed in virtue of this act, shall be a citizen of the United States, or some one of the territories thereof.

[Approved, April 12, 1808.]

CHAPTER 48.-Approved, April 21, 1808.-Vol. 2, p. 484.

An Act concerning public contracts.3

1. No member of Congress, either directly or indirectly, to undertake, in whole or in part, any contract, &c., with the United States, &c. Any member of Congress entering into any contract, &c., contrary to the provisions of this act, liable to a fine of $3000, and the contract void, &c. Proviso: sums of money advanced on the part of the United States, to be repaid or prosecuted for, &c. 2. Nothing herein to extend to any contract, &c., entered into by any incorporated company, for the general benefit, &c., nor to the purchase or sale of bills of exchange, &c. 3. In every contract, &c., an express condition to be inserted that no member of Congress shall be admitted, &c. 4. Any officer of the United States, in their behalf, entering into a contract with a member of Congress, contrary to the provisions of this act, liable to a fine of $3000, &c. 5. The secretaries of the treasury, war, and navy, and the postmaster-general, to lay before Congress, annually, hereafter, a statement of all contracts made in their departments during the preceding year, &c.

That, from and after the passage of this act, no member of Congress shall, directly or indirectly, himself, or by any other person whatsoever in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in the whole

1 The commutation for the ration is re-enacted by the 11 January, 1812, and made 30 cents by chap. 55, 21 February, 1857.

2 See, as to chaplains, the 11 January, 1812, chap. 14, sec. 24, and sec. 9, chap. 9, 22 July, 1861; and hospital chaplains, chap. 80, 20 May, 1862.

3 This act is not to be disturbed by the general repealing clause of the Post-office act of 3 March, 1825, chap. 64, sec. 46, vol. 4, p. 114.

And see sec. 4, chap. 25, 4 May, 1858, post; additional acts, July, 1862, chap. 180, and chap. 93, 2 July, 1862, and sec. 9, 14, 15, and 16, chap. 200, 17 July, 1862.

or in part, any contract or agreement hereafter to be made or entered into with any officer of the United States, in their behalf, or with any person authorized to make contracts on the part of the United States; and if any member of Congress shall, directly or indirectly, himself, or by any other person whatsoever in trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake or execute, any such contract or agreement, in the whole or in part, every member so offending shall, for every such offence, upon conviction thereof before any court of the United States, or of the territories thereof, having cognizance of such offence, be adjudged guilty of a high misdemeanor, and shall be fined three thousand dollars; and every such contract or agreement as aforesaid shall, moreover, be absolutely void and of no effect: Provided, nevertheless, That in all cases where any sum or sums of money shall have been advanced on the part of the United States, in consideration of any such contract or agreement, the same shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum or sums of money advanced as aforesaid.

SEC. 2. That nothing herein contained shall extend, or be construed to extend, to any contract or agreement made, or entered into, or accepted, by any incorporated company, where such contract or agreement shall be made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange, or other property, by any member of Congress, where the same shall be ready for delivery, and for which payment shall be made at the time of making or entering into the contract or agreement.

SEC. 3. That in every such contract or agreement, to be made, or entered into, or accepted, as aforesaid, there shall be inserted an express condition that no member of Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.

SEC. 4. If any officer of the United States, on behalf of the United States, shall, directly or indirectly, make or enter into

any contract, bargain, or agreement, in writing or otherwise, other than such as are herein excepted, with any member of Congress, such officer so offending, on conviction thereof before any court having jurisdiction thereof, shall be deemed and taken to be guilty of a high misdemeanor, and be fined in a sum of three thousand dollars.

SEC. 5. That, from and after the passing of this act, it shall be the duty of the secretary of the treasury, secretary of war, secretary of the navy, and the postmaster-general, annually, to lay before Congress a statement of all the contracts which have been made in their respective departments during the year preceding such report, exhibiting in such statement the name. of the contractor, the article or thing contracted for, the place where the article was to be delivered, or the thing performed, the sum to be paid for its performance or delivery, the date and duration of the contract.1

[Approved, April 21, 1808.]

CHAPTER 55.-Approved, April 23, 1808.-Vol. 2, p. 490.

An Act making provision for arming and equipping the whole body of the Militia of the United States.

1. The annual sum of $200,000 appropriated to provide arms, &c., for the whole body of the militia, &c. 3. The arms procured in virtue of this act to be transmitted to the several states and territories, in proportion to the number of effective militia, &c.

That the annual sum of two hundred thousand dollars be, and the same hereby is, appropriated' for the purpose of providing arms and military equipments for the whole body of the militia. of the United States, either by purchase or manufacture, by and on account of the United States.

SEC. 2. That the President of the United States be, and he hereby is, authorized to purchase sites for, and erect, such additional arsenals and manufactories of arms as he may deem expedient, under the limitations

1 See res. 53, 12 July, 1862, requiring weekly advertisement of contracts and offers.

2 Out of any money in the treasury not otherwise appropriated, by chap. 135, 29 April, 1816.

3 To District of Columbia, by 3 March, 1825, chap. 18, post.

or in part, any contract or agreement hereafter to be made or entered into with any officer of the United States, in their behalf, or with any person authorized to make contracts on the part of the United States; and if any member of Congress shall, directly or indirectly, himself, or by any other person whatsoever in trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake or execute, any such contract or agreement, in the whole or in part, every member so offending shall, for every such offence, upon conviction thereof before any court of the United States, or of the territories thereof, having cognizance of such offence, be adjudged guilty of a high misdemeanor, and shall be fined three thousand dollars; and every such contract or agreement as aforesaid shall, moreover, be absolutely void and of no effect: Provided, nevertheless, That in all cases where any sum or sums of money shall have been advanced on the part of the United States, in consideration of any such contract or agreement, the same shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum or sums of money advanced as aforesaid.

SEC. 2. That nothing herein contained shall extend, or be construed to extend, to any contract or agreement made, or entered into, or accepted, by any incorporated company, where such contract or agreement shall be made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange, or other property, by any member of Congress, where the same shall be ready for delivery, and for which payment shall be made at the time of making or entering into the contract or agreement.

SEC. 3. That in every such contract or agreement, to be made, or entered into, or accepted, as aforesaid, there shall be inserted an express condition that no member of Congress shall be ad. mitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.

SEC. 4. If any officer of the United States, on behalf of the United States, shall, directly or indirectly, make or enter into

any contract, bargain, or agreement, in writing or otherwise, other than such as are herein excepted, with any member of Congress, such officer so offending, on conviction thereof before any court having jurisdiction thereof, shall be deemed and taken to be guilty of a high misdemeanor, and be fined in a sum of three thousand dollars.

Sic 5. That, from and after the passing of this act, it shall be the duty of the secretary of the treasury, secretary of war, cretary of the navy, and the postmaster-general, annually, to lay before Congress a statement of all the contracts which have been made in their respective departments during the year preceding such report, exhibiting in such statement the name of the contractor, the article or thing contracted for, the place where the article was to be delivered, or the thing performed, the sum to be paid for its performance or delivery, the date and duration of the contract.1

[Approved, April 21, 1808.]

CHAPTER 55.-Approved, April 23, 1808-Vol. 2, p. 490.

An Art making provision for arming and equipping the whole body of the Militia of the United States.

I The annual sum of $200,000 appropriated to provide arms, &c., for the whole body of the militia, &c. 3. The arms procured in virtue of this act to be tranem tte-i t› the several states and territories, in proportion to the number of Se tive muitia, de.

That the annual sum of two hundred thousand dollars be, and the same hereby is, appropriated for the purpose of providing arts and military equipments for the whole body of the militia of the United States, either by purchase or manufacture, by ai on account of the United States

2 That the President of the United States be, and he hereby is, ...ed to purchase sites for, and erect, such additional arsenals and Biar ufactories of arms as he may deem expedient, under the limitations

1 mem res 53, 12 July, 1×62, requiring weekly advertisement of contracts and

1

Put of any money in the treasury not otherwise appropriated, by chap 135. 29

· I. Istret of Columbia, by 3 March, 1×25, chap 18, post