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bursement of public money, or the performance of any other service, unless the said extra allowance or compensation be authorized by law; nor shall any executive officer, other than the heads of departments, apply more than thirty dollars, annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office.
[Approved, March 3, 1839.]
CHAPTER 85.—Approved, March 3, 1839.-Vol. 5, p. 352.
An Act to amend an Act entitled “ An Act regulating the pay and emoluments of brevet
officers,” passed April 16, 1818. That, from and after the passing of this act, the act entitled? “An act regulating the pay and emoluments of brevet officers," approved April sixteenth, eighteen hundred and eighteen, be, and the same shall be, so construed as to include the case of the adjutant-general of the United States.
CHAPTER 89.–Approved, March 3, 1839.—Vol. 5, p. 355.
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.3
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.
Sec. 2. 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,"4 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
I This proviso destroys all claims of officers for extra compensation, is general in its terms, and leaves no discretion to any officer or tribunal to allow extra pay. Collectors have no right to compensation for paying drafts drawn by the treasury department. 10 Howard, 109, 141, and see 23 August, 1842, chap. 183; see, for same, sec. 2, chap. 183, 23 August, 1842, post.
3 Chap. 64. 3 Expired by operation of 9th section, but it is doubtful if sec. 8 is thereby repealed. 4 Chap. 36, 28 February, 1795.
after the arrival at the place of rendezvous, in any one year, unless sooner discharged.
Sec. 3. 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 entitled “ 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 23d, 1836.
Sec. 4. 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.
Sec. 5. That the sum of $10,000,000 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 stocks, 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: 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 1st of January next; and that the rate of interest shall not exceed five per cent. payable semi-annually.
Sec. 6. That the sum of $18,000 be, and the same is hereby, appropriated out of any money in the trcasury, 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.
Sec. 7. That in the event of cither 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 $1,000,000, of the appropriation made in this act to repairing or arming fortifications along the seaboard and frontier.
Sec. 8. 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. 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.)
1 By the word “whenever” in this section, it would appear that it is not to be repealed by the following section (9).
CHAPTER 39.—Approved, June 19, 1810.—Vol. 5, p. 385.
An Ad making provision for the payment of pensions to the executors or administratora
of deceased pensioners in certain cases.
1. In case of a pensioner leaving children, but no widow. 2. In case of a pensioner
who is a widow leaving children. 3. In case of any pensioner, whether male or female, leaving children, the amount of pension, &c.
That in case any male pensioner shall die, leaving children, but no widow, the amount of pension due to such pensioner at the time of his death shall be paid to the executor or administrator on the estate of such pensioner, for the sole and exclusive benefit of the children, to be by him distributed among them in equal shares, and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the pay. ment of the debts of said estate in any case whatever.
Sec. 2. That in case any pensioner who is a widow shall die, leaving children, the amount of pension due at the time of her death shall be paid to the executor or administrator for the benefit of her children, as directed in the foregoing section.
Sec. 3. That in case of the death of any pensioner, whether male or female, leaving children, the amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator.
CHAPTER 50.--Approved, July 20, 1810.– Vol. 5, p. 397.
An Act to proride for the support of the Military Academy for the year eighteen
hundred and forty.
2. Commander of cadets to be instructor of infantry tactics, or, &c. His pay and
emoluments, and, &c. 3. Compensation of the assistant professor of ethics.
SEC. 2. That the commander of the corps of cadets at the Military Academy shall be either the instructor of infantry tarties, of cavalry and artillery tactics, or of practical engineer. ing, and that his pay and emoluments shall in no case be less than the compensation allowed by law to the professor of mathematics; and that the pay and emoluments of the instructors in these branches shall in no caso be less than is allowed by law to the assistant professor of mathematics.
Sec. 3. That the assistant professor of ethics shall be allowed the same ci mpensation as is now allowed by law to the other assistant professors in the institution.
[Approved, July 20, 1840.]
RESOLUTION 6.--Approved, September 11, 1841.– Vol. 5, p. 468.
Joint resolution making it the duty of the Attorney-General to examine into the titles
of the lands or sites for the purpose of erecting thereon armories and other public works and buildings, and for other purposes.
That it shall be the duty of the attorney-general of the United States to examine into the titles of all the lands or sites which have been purchased by the United States, for the purpose of erecting thereon armories, arsenals, forts, fortifications, navy yards, custom houses, light houses, or other public buildings of any kind whatever, and report his opinion as to the validity of the title in each case, to the President of the United States.
That it shall be the duty of all the officers of the United States having any of the title-papers to the property aforesaid in their possession, to furnish them forth with to the attorney-general, to aid him in the investigation aforesaid.
That no public money shall be expended upon any site or land hereafter to be purchased by the United States for the purposes aforesaid, until the written opinion of the attorney-general shall be had in favor of the validity of the title, and also the consent of the legislature of the state in which the land or site may be, shall be given to said purchaser.
That it shall be the duty of the district attorneys of the United States, upon the application of the attorney-general, to furnish any assistance or information in their power in relation to the titles of the public property aforesaid, lying within their respective districts.
That it shall be the duty of the secretaries of the executive departments, upon the application of the attorney-general, to procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of government; the expense of proeuring which to be paid out
of the appropriations made for the contingencies of the departments respectively.
That it shall be the duty of the secretaries of the executive departments, respectively, under whose direction any lands for the purposes aforesaid may have been purchased, and over which the United States do not possess jurisdiction, to apply to the legislatures of the states in which the lands are situated, for a cession of jurisdiction, and, in case of refusal, to report the same to Congress at the commencement of the next session thereafter.
[Approved, September 11, 1841.]
[By chapter 24, April 14, 1842, vol. 5, p. 473, certain Cherokee warriors were allowed pensions at the same rate as officers and soldiers of the regular army.)
CHAPTER 183.-Approved, August 23, 1842.-Vol. 5, p. 508.
As Are making appropriations for the support of the army, and of the Military
Academy, for the year one thousand eight hundred and forty-two.
SEC. 2. That no officer in any branch of the public service, or any other person whose salary, pay, or emoluments is or are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatsoever, unless the same shall be authorized by law, and the appropriation therefor explicitly set forth that it is for such additional pay, extra allowance, or compensation.
Quere: If this affects extra pay of officers in the army under the 11 Jan. 1812, chasi, 14, *c. 20; see, as to clerks, the 26 Aug. 1942, chap. 202, sec. 12; and see chan 2, 3 Mareb, 1839, ante.
i in for performing the duties of another of same department, by the 26 August, 1M2, chap. 202, sec. 12.