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mit it, to discontinue any of the civil offices and employments herein Keepers of magazines may be provided for at the navy yards, or to discharge the keepers of maga- discharged. zines and to require their duties to be performed by gunners.

For improvements and necessary repairs of navy yards, viz. :

At Kittery, Maine. — For wall for landing wharf at smithery, and filling in, one thousand seven hundred and five dollars and fifty cents. For cistern, near mast and boat-house, two thousand dollars. For granite gun-skids, and road to grave-yard, one thousand one hundred and thirty-two dollars.

For repairs of all kinds, four thousand dollars.

At Charlestown. - For drain and iron frame for dry-dock pumps, and set of keel blocks, two thousand seven hundred and forty dollars. For pipes for drain and rain water and waste steam, three thousand dollars.

For completing wharf No. 66, between 1 and 39, nine thousand dollars.

For completing reservoir, one thousand dollars.

For wall on south-west side of site 51, filling in that part of yard, three thousand eight hundred and sixty dollars. For repairs of all kinds, ten thousand dollars.

At Brooklyn, New York. - Towards continuation of cob-wharf, twenty-nine thousand five hundred dollars.

Towards extension of coal-house, (seventy feet,) four thousand three hundred and eighteen dollars.

Towards repairing and replanking bridge, three thousand dollars. Towards building a foundation under frigate Sabine, six thousand dollars.

Towards the construction of a timber shed, twelve thousand dollars.
Towards repairs of all kinds, eight thousand dollars.
For dry dock, two hundred and fifty thousand dollars.

Improvement

of navy yards Kittery.

Charlestown.

Brooklyn.

At Philadelphia. For extension of and moving ship-house G, five thousand dollars.

Philadelphia.

For repairs of all kinds, three thousand dollars.

At Washington. For anchor forges, (five,) and removing small forge in anchor shop, two thousand six hundred and sixty-four dollars.

Washington.

For chain cable forges, (twelve,) in hydraulic proving machine shop, two thousand eight hundred and ninety dollars.

For completion of laboratory buildings, five thousand one hundred and six dollars and fifteen cents.

For repairs of all kinds, two thousand five hundred dollars.

At Gosport.-Towards store-house No. 13, to be used as timber shed, eighteen thousand dollars.

Towards launching slip and quay walls, twelve thousand dollars. For the purchase of St. Helena, two thousand four hundred and three dollars and fifty cents.

Towards repairs of all kinds, seven thousand dollars.

At Pensacola. Towards the blacksmith shop, twenty-one thousand dollars.

Towards cisterns at numbers 20, 25, and 26, twelve thousand

dollars.

Towards coal-house, eight thousand dollars.

Towards wharfs, (permanent,) fifty-nine thousand dollars.

Towards lime-house, two thousand five hundred dollars.

Towards dredging machine, scows, &c., sixteen thousand dollars.
For repairs of all kinds, five thousand dollars.

Gosport.

Pensacola.

At Sackett's Harbor. - For repairs of all kinds, one thousand dollars.

For purchase of Navy Point and Fort Tompkins, two thousand five hundred dollars.

Sackett's Har

bor.

For the improvement and repairs of the several naval hospitals,

Improvement and repairs of viz.: navy hospitals.

Chelsea.

Brooklyn.

Gosport.

Pensacola.

Marine Corps.
Pay and sub-

sistence.

Proviso.

Clothing.

Provisions.

Military stores, repair of arms,

&c.

Transportation.

Barracks.

Contingencies.

Number of offi

cers and men to be reduced on

conclusion of the

war.

Expenditure for yard

the navy

at Memphis lim

ited.

At Chelsea. Building for a coal-house, repairing outhouses and wall in rear of main building, two thousand four hundred and twenty dollars.

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At Brooklyn. For completing small-pox hospital, ten thousand dollars.

For repairs to hospital quarters, three thousand dollars.

Near Gosport.For fence around garden and repairs to hospital buildings, two thousand six hundred and sixty-seven dollars.

At Pensacola. For centre building at hospital and galleries to connect buildings, seven thousand four hundred aud nine dollars and fifty cents.

For engine-house, five hundred and ten dollars.

For repairs of hospital quarters, three thousand dollars.

For magazines, viz. :

At Charlestown, one hundred and fifty dollars.

At Brooklyn, two hundred dollars.

At Washington, one hundred and fifty dollars.

At Gosport, three hundred dollars.

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: Provided, That no payment shall hereafter be made to the colonel, or any other officer of said corps, by virtue of a commission of brigadier-general by brevet.

For clothing, forty-six thousand seven hundred and eighty-seven dollars and fifty cents.

For provisions, forty-five thousand seventy dollars and twenty

cents.

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

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

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

For contingencies, viz. freight, ferriage, toll, wharfage and cartage; compensation to judge advocates; per diem for attending courtsmartial and courts of inquiry; per diem to enlisted men on constant labor; house rent where no public quarters are assigned; the burial of deceased mariners; 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.

SEC. 2. And be it further enacted, That it shall be the duty of the Secretary of the Navy, on the conclusion of the existing war with Mexico, to reduce the number of petty officers, seamen, ordinary seamen, landsmen, and boys, herein provided for, to seven thousand five hundred.

SEC. 3. And be it further enacted, That it shall be the duty of the Secretary of the Navy, in the expenditure of the appropriations made for the navy yard at Memphis, to confine the same to the construction of a ropewalk.

Repairs, im- SEC. 4. And be it further enacted, That of the money appropriated provements, and in this act for "pay of the navy," and "contingent expenses enumeinstruction, at rated," an amount not exceeding twenty-eight thousand and two hundred dollars may be expended, under the direction of the Secretary

Fort Severn.

Post, p. 173.

of the Navy, for repairs, improvements, and instruction, at Fort Severn, Annapolis, Maryland.

SEC. 5. And be it further enacted, That, upon application of the Secretary of the Navy, the President of the United States shall have authority, when in his opinion the exigencies of the service require it, to direct that a part of the money appropriated for a particular branch of the naval service be applied to another branch of the said service; in which case, a special account of the moneys thus transferred, and of their application, shall be laid before Congress before its adjournment, if in session, or during the first week of the next ensuing session, if such transfer be made in the recess of Congress: Provided, That nothing contained in this act shall be construed to authorize the President of the United States to direct any sum appropriated for improvements at navy yards to be applied to any other object of public expenditure, or to authorize any sum to be transferred from any unexpended balance which may be necessary for the purposes for which the appropriation was originally made, or from any head or object of appropriation which may require another appropriation at any future time to supply the deficiency occasioned by such transfer: Provided, also, That this section shall apply to the appropriations for the fiscal year ending June thirty, eighteen hundred and forty-six, and to no

other.

SEC. 6. And be it further enacted, That, from and after the passage of this act, every proposal for naval supplies invited by the Secretary of the Navy, under the proviso to the general appropriation bill for the navy, approved March third, eighteen hundred and fortythree, shall be accompanied by a written guaranty, signed by one or more responsible persons, to the effect that he or they undertake that the bidder or bidders will, if his or their bid be accepted, enter into an obligation in such time as may be prescribed by the Secretary of the Navy, with good and sufficient sureties, to furnish the supplies proposed. No proposal shall be considered, unless accompanied by such guaranty. If, after the acceptance of a proposal, and a notification thereof to the bidder or bidders, he or they shall fail to enter into an obligation within the time prescribed by the Secretary of the Navy, with good and sufficient sureties for furnishing the supplies, then the Secretary of the Navy shall proceed to contract with some other person or persons for furnishing the said supplies; and shall forthwith cause the difference between the amount contained in the proposal so guarantied and the amount for which he may have contracted for furnishing the said supplies, for the whole period of the proposal, to be charged up against said bidder or bidders, and his or their guarantor or guarantors; and the same may be immediately recovered by the United States, for the use of the navy department, in an action of debt against either or all of said persons. APPROVED, August 10, 1846.

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CHAP. CLXXVII.- An Act making Appropriations for the Payment of Navy Pensions for the Year ending thirtieth June, one thousand eight hundred and forty

seven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of navy pensions for the year ending the thirtieth June, one thousand eight hundred and forty-seven :

Aug. 10, 1846.

[Obsolete.]

Appropriation

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To pay invalid pensions, thirty-two thousand three hundred and thirty-five dollars and forty cents.

To pay the pensions of widows of officers, seamen, and marines, twelve thousand dollars.

APPROVED, August 10, 1846.

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CHAP. CLXXVIII.-An Act to establish the "Smithsonian Institution," for the
Increase and Diffusion of Knowledge among Men.

James Smithson, Esquire, of London, in the Kingdom of Great
Britain, having by his last will and testament given the whole
of his property to the United States of America, to found at
Washington, under the name of the "Smithsonian Institution,"
an establishment for the increase and diffusion of knowledge among
men; and the United States having, by an act of Congress, re-
ceived said property and accepted said trust; therefore, for the
faithful execution of said trust, according to the will of the liberal
and enlightened donor-

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President and Vice-President of the United States, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attorney-General, the Chief Justice, and the Commissioner of the Patent Office of the United States, and the Mayor of the city of Washington, during the time for which they shall hold their respective offices, and such other persons as they may elect honorary members, be, and they are hereby constituted, an "establishment," by the name of the "Smithsonian Institution," for the increase and diffusion of knowledge among men; and by that name shall be known and have perpetual succession, with the powers, limitations, and restrictions, hereinafter contained, and no other.

SEC. 2. And be it further enacted, That so much of the property of the said James Smithson as has been received in money, and paid into the treasury of the United States, being the sum of five hundred and fifteen thousand one hundred and sixty-nine dollars, be lent to the United States treasury, at six per cent. per annum interest, from the first day of September, in the year one thousand eight hundred and thirty-eight, when the same was received into the said treasury; and that so much of the interest as may have accrued on said sum on the first day of July next, which will amount to the sum of two hundred and forty-two thousand one hundred and twenty-nine dollars, or so much thereof as shall by the board of regents of the institution established by this act be deemed necessary, be, and the same is hereby, appropriated for the erection of suitable buildings, and for other current incidental expenses of said institution; and that six per cent. interest on the said trust fund, it being the said amount of five hundred and fifteen thousand one hundred and sixty-nine dollars, received into the United States treasury on the first of September, one thousand eight hundred and thirty-eight, payable, in half-yearly payments, on the first of January and July in each year, be, and the same is hereby, appropriated for the perpetual maintenance and support of said institution; and all expenditures and appropriations to be made, from time to time, to the purposes of the institution aforesaid, shall be exclusively from the accruing interest, and not from the principal of the said fund. And be it further enacted, That all the moneys and stocks which have been, or may hereafter be, received into the trea

sury of the United States, on account of the fund bequeathed by James Smithson, be, and the same hereby are, pledged to refund to the treasury of the United States the sums hereby appropriated.

pledged to refund amount hereby appropriated.

to the U. S. the

Board of

tuted.

re

consti

Regents to be appointed - how

and when.

Post, p. 115.

Vacancies, how filled.

SEC. 3. And be it further enacted, That the business of the said institution shall be conducted at the city of Washington by a board gents of regents, by the name of the Regents of the "Smithsonian Institution," to be composed of the Vice-President of the United States, the Chief Justice of the United States, and the Mayor of the city of Washington, during the time for which they shall hold their respective offices; three members of the Senate, and three members of the House of Representatives; together with six other persons, other than members of Congress, two of whom shall be members of the National Institute in the city of Washington, and resident in the said city; and the other four thereof shall be inhabitants of States, and no two of them of the same State. And the regents to be selected as aforesaid shall be appointed immediately after the passage of this act - the members of the Senate by the president thereof, the members of the House by the speaker thereof, and the six other persons by joint resolution of the Senate and House of Representatives; and the members of the House, so appointed, shall serve until the fourth Wednesday in December, the second next after the passage of this act; and then, and biennially thereafter, on every alternate fourth Wednesday of December, a like number shall be appointed in the same manner, to serve until the fourth Wednesday in December, the second succeeding their appointment. And the senators so appointed shall serve during the term for which they shall hold, without reelection, their office as senators. And vacancies, occasioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled; and the other six members aforesaid shall serve, two for two years, two for four years, and two for six years; the terms of service, in the first place, to be determined by lot; but, after the first term, then their regular term of service shall be six years; and new elections thereof shall be made by joint resolutions of Congress; and vacancies occasioned by death, resignation, or otherwise, may be filled in like manner, by joint resolution of Congress. And the said regents shall meet in the city of Washington, on the first Monday of September next after the passage of this act, and organize by the election of one of their number as chancellor, who shall be the presiding officer of said board of regents, by the name of the Chancellor of the "Smithsonian Institution," and a suitable person as secretary of said institution, who shall also be the secretary of said board of regents. board shall also elect three of their own body as an executive committee, and said regents shall then fix on the time for the regular meetings of said board; and, on application of any three of the regents to the secretary of the said institution, it shall be his duty to appoint a special meeting of the board of regents, of which he shall give notice, by letter, to each of the members; and, at any meeting of said board, five shall constitute a quorum to do business. And each member of said board shall be paid his necessary travelling and other actual expenses, in attending meetings of the board, which shall be audited by the executive committee, and recorded by the secretary of said board; but his service as regent shall be gratuitous. And whenever money is required for the payment of the debts or performance of the contracts of the institution, incurred or entered into in conformity with the provisions of this act, or for making the purchases and executing the objects authorized by this act, the board of regents, or the executive committee thereof, may certify to the chancellor and secretary of the board that such sum of money is required, whereupon they shall examine the same, and if they shall approve thereof, shall

Said

When regents shall meet and organize.

Chancellor

Secretary.

Executive com

mittee.

Regular and

special meetings.

Members of

the board to be ling expenses. paid their travel

How payments are to be made.

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