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forfeit the sum of one thousand dollars, and be rendered incapable of serving in any office of trust or profit under the United States; and if any person or persons, authorized and required by this act, in respect of his or their office, or offices, to perform any act or thing required to be done or performed, pursuant to any of the provisions of this act, and wilfully neglecting or refusing to do or perform the same, according to the true intent and meaning of this act, shall, on being duly convicted thereof, if not subject to the penalty and disqualification aforesaid, forfeit the sum of five hundred dollars for the first offence, and a like sum for the second offence, and shall from thence forward be rendered incapable of holding any office of trust or profit under the United States.
Sec. 35. And be it further enacted, That if any certificate of registry, Certificate of record, or enrolment, shall be fraudulently used for any ship or vessel, registry, &c. not entitled to the same by this act, such ship or vessel shall be forfeited
used, ship or to the United States, with her tackle, apparel and furniture.
vessel forfeited. Sec. 36. And be it further enacted, That if any person or persons Farther penal. shall falsely make oath or affirmation to any of the matters herein re- ties for offences quired to be verified, such person or persons shall suffer the like pains against this act. and penalties, as shall be incurred by persons committing wilful and corrupt perjury; and that if any person or persons shall forge, counterfeit, erase, alter or falsify, any certificate, register, license, permit or other document, mentioned in this act, or to be granted by any officer of the customs, such person or persons shall, for every such offence, forfeit the sum of five hundred dollars.
Sec. 37. And whereas, By an act intituled, “ An act for laying a No allowance duty on goods, wares and merchandises imported into the United or exportation States,” it is provided, That there shall be allowed or paid five cents on pickled fish, or every quintal of dried fish, and on every barrel of pickled fish, and of salted provision salted provisions exported from the United States to any country with prior to the last out the limits thereof, in lieu of the drawback of the duties imposed on 1790. the importation of the salt employed and expended therein, and there Act of July are now large quantities of salt within the United States, imported
4, 1789, ch. 2, before any duties were laid for the use of the said States :
Be it enacted, That no allowance shall be made by any collector, for any dried or pickled fish, or for any salted provisions, which shall be exported from the United States prior to the last day of May, one thousand seven hundred and ninety.
APPROVED, September 1, 1789.
Chap. XII.-An Act to establish the Treasury Department.(a)
Sept. 2, 1789. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there
designated. shall be a Department of Treasury, in which shall be the following offi
Officers : Se. cers, namely: a Secretary of the Treasury, to be deemed head of the cretary, Comp. department; a Comptroller, an Auditor, a Treasurer, a Register, and an troller, Auditor,
Treasurer, Re. Assistant to the Secretary of the Treasury, which assistant shall be ap- gister, Assistant pointed by the said Secretary.
to Secretary. Sec. 2. And be it further enacted, That it shall be the duty of the Duties of the Secretary of the Treasury to digest and prepare plans for the improve- Secretary. ment and management of the revenue, and for the support of public credit; to prepare and report estimates of the public revenue, and the public expenditures; to superintend the collection of the revenue; to decide on the forms of keeping and stating accounts and making re
(a) The acts, in addition to this act which have been passed relating to the Treasury Department, have been : act of March 3, 1791; act of May 8, 1792 ; act of March 3, 1809, chap. 28; act of November 22, 1814; act of March 3, 1817, chap. 45; act of February 24, 1819, chap. 43; act of May 1, 1820, chap. 50 ; act of May 15, 1820, chap. 107. VOL. I.--9
turns, and to grant under the limitations herein established, or to be hereafter provided, all warrants for monies to be issued from the Treasury, in pursuance of appropriations by law; to execute such services relative to the sale of the lands belonging to the United States, as may be by law required of him;(a) to make report, and give information to either branch of the legislature, in person or in writing (as he may be required), respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office; and generally to perform all such services relative to the finances, as he shall be di
rected to perform. Duties of the
Sec. 3. And be it further enacted, That it shall be the duty of the Comptroller.
Comptroller to superintend the adjustment and preservation of the public accounts; to examine all accounts settled by the Auditor, and certify the balances arising thereon to the Register; to countersign all warrants drawn by the Secretary of the Treasury, which shall be warranted by law; to report to the Secretary the official forms of all papers to be issued in the different offices for collecting the public revenue, and the manner and form of keeping and stating the accounts of the several persons employed therein. He shall moreover provide for the regular
and punctual payment of all monies which may be collected, and shall 3, 1809
Act of March direct prosecutions for all delinquencies of officers of the revenue, and sec. 2. for debts that are, or shall be due to the United States.(b) Duties of the
Sec. 4. And be it further enacted, That it shall be the duty of the Treasurer.
Treasurer to receive and keep the monies of the United States, and to disburse the same upon warrants drawn by the Secretary of the Treasury, countersigned by the Comptroller, recorded by the Register, and not otherwise; he shall take receipts for all monies paid by him, and all receipts for monies received by him shall be endorsed upon warrants signed by the Secretary of the Treasury, without which warrant, so signed, no acknowledgment for money received into the public Treasury shall be valid. And the said Treasurer shall render his accounts to the Comptroller quarterly, (or oftener if required,) and shall transmit a copy thereof, when settled, to the Secretary of the Treasury. He shall moreover, on the third day of every session of Congress, Jay before the Senate and House of Representatives, fair and accurate copies of all accounts by him from time (to time] rendered to, and settled with the Comptroller as aforesaid, as also, a true and perfect account of the state of the Treasury. He shall, at all times, submit to the Secretary of the Treasury, and the Comptroller, or either of them, the inspection of the monies in his hands; and shall, prior to the entering upon the duties of his office, give bond, with sufficient sureties, to be approved by the Secretary of the Treasury and Comptroller, in the sum of one hundred and
fifty thousand dollars, payable to the United States, with condition for Act of March
the faithful performance of the duties of his office, and for the fidelity 3, 1809, ch. 28, of the persons to be by him employed, which bond shall be lodged in sec. 1. the office of the Comptroller of the Treasury of the United States. Duties of the
Sec. 5. And be it further enacted, That it shall be the duty of the Auditor.
Auditor to receive all public accounts, and after examination to certify
the balance, and transmit the accounts with the vouchers and certificate Act of May 8, 1792, ch. 37, to the Comptroller for his decision thereon: Provided, That if any per
son whose account shall be so audited, be dissatisfied therewith, he (a) By "an act for the establishment of a general land office in the Department of the Treasury." passed April 25, 1812, the direction of the sales of public lands was assigned to the Secretary of the Treasury.
By." an act to provide for the collection, safe keeping, transfer and disbursement of the public revenue," passed July 4, 1840, chap. 18, sec. 1, the fire-proof vaults and safes provided by the Treasurer in the new building erected at the seat of government, were « constituted and declared to be the Trea. sury of the United States." This act was repealed by the act of August 13, 1841, chap. 7.
Ó) See act of March 3, 1809, chap. 28, sec. 2. The comptroller of the Treasury has a right to direct the marshal to whom he shall pay money received on executions, and payment according to such directions is good. United States v. Giles, 9 Cranch, 212; 3 Cond. Rep. 377.
may within six months appeal to the Comptroller against such settle- 3, 1809, ch. 28,
Act of March ment.(a)
Sec. 6. And be it further enacted, That it shall be the duty of the Duties of the Register to keep all accounts of the receipts and expenditures of the Register. public money, and of all debts due to or from the United States; to receive from the Comptroller the accounts which shall have been finally adjusted, and to preserve such accounts with their vouchers and certificates; to record all warrants for the receipt or payment of monies at the Treasury, certify the same thereon, and to transmit to the Secretary of the Treasury, copies of the certificates of balances of accounts adjusted as is herein directed.
Sec. 7. And be it further enacted, That whenever the Secretary Secretary re. shall be removed from office by the President of the United States, or
moved, or his
office vacant, in any other case of vacancy in the office of Secretary, the Assistant assistant secreshall, during the vacancy, have the charge and custody of the records, tary to have books, and papers appertaining to the said office.
custody of re
cords, &c. Sec. 8. And be it further enacted, That no person appointed to any
Persons apoffice instituted by this act, shall directly or indirectly be concerned or pointed to office interested in carrying on the business of trade or commerce, or be under this act, owner in whole or in part of any sea-vessel, or purchase by himself, or Prohibition upanother in trust for him, any public lands or other public property, or be on. concerned in the purchase or disposal of any public securities of any State, or of the United States, or take or apply to his own use, any emolument or gain for negotiating or transacting any business in the said department, other than what shall be allowed by law; and if any Penalty for person shall offend against any of the prohibitions of this act, he shall breach of the be deemed guilty of a high misdemeanor, and forfeit to the United States
the law. the penalty of three thousand dollars, and shall upon conviction be removed from office, and forever thereafter incapable of holding any office under the United States : Provided, That if any other person than a public prosecutor shall give information of any such offence, upon which a prosecution and conviction shall be had, one half the aforesaid pen 1791, ch. 18, alty of three thousand dollars, when recovered, shall be for the use of sec. 3. the person giving such information. APPROVED, September 2, 1789.
Chap. XIII. An Aci for establishing the Salaries of the Executive Officers of Sept. 11, 1789.
Government, with their Assistants and Clerks.
Annual sala. tives of the United States of America in Congress assembled, That
ries established, there shall be allowed to the officers hereafter mentioned, the following payable quar. annual salaries, payable quarterly at the Treasury of the United States : terly.
Rate of com. to the Secretary of the Treasury, three thousand five hundred dollars ;
pensation. to the Secretary in the Department of State, three thousand five hundred dollars; to the Secretary in the Department of War, three thousand dollars ;(b) to the Comptroller of the Treasury, two thousand dollars; to the Auditor, fifteen hundred dollars; to the Treasurer, two thousand dollars ;(c) to the Register, twelve hundred and fifty dollars ;
(a) See act of May 8, 1792; act of March 3, 1809, chap. 28.
(b) By the act of March 2, 1799, chap. 38, the salary of the Secretary of State was fixed at five thousand dollars; the Secretary of the Treasury at five thousand dollars; the Secretary of War at four thousand five hundred dollars; the Secretary of the Navy at four thousand five hundred dollars per annum. By the act of February 20, 1819, chap. 27, the salaries of the Secretary of State, of the Secretary of the Treasury, of the Secretary of War, and the Secretary of the Navy, were fixed at six thousand dollars per annum. By the act of March 2, 1827, chap. 62, the salary of the Postmaster General was raised to $6000.
(C) By the act of March 2, 1793, the sum of five hundred dollars was added to the salary of the Auditor, and two hundred and fifty dollars to the salaries of the Comptroller and Register of the Treasury. By the act of March 2, 1799, chap. 38, the salaries of the Comptroller, the Treasurer, and the Auditor of the Treasury were fixed at three thousand dollars, and the Register of the Treasury at two thousand four hundred dollars. By the act of March 3, 1817, chap. 45, the officers in ihe Treasury Department
to the Governor of the western territory, for his salary as such, and for discharging the duties of superintendent of Indian affairs in the northern department, two thousand dollars; to the three judges of the western territory each, eight hundred dollars; to the Assistant of the Secretary of the Treasury, fifteen hundred dollars; to the Chief Clerk in the Department of State, eight hundred dollars; to the Chief Clerk in the Department of War, six hundred dollars; to the Secretary of the western territory, seven hundred and fifty dollars; to the principal Clerk of the Comptroller, eight hundred dollars; to the principal Clerk of the Auditor, six hundred dollars; to the principal Clerk of the Treasurer,
six hundred dollars. Heads of de. Sec. 2. And be it further enacted, That the heads of the three departments to appoint clerks. partments first above mentioned, shall appoint such clerks therein reTheir salaries. spectively as they shall find necessary; and the salary of the said clerks
respectively shall not exceed the rate of five hundred dollars per annum.
APPROVED, September 11, 1789.
Sept. 15, 1789. Chap. XIV.-An Act to provide for the safe-keeping of the Acts, Records and Seal [Obsolete.)
of the United States, and for other purposes. (Act of July Section. 1. Be it enacted by the Senate and House of Representa27, 1789, ch. 4.) tives of the United States of America in Congress assembled, That the
Department of foreign af.
Executive department, denominated the Department of Foreign Affairs, fairs changed to shall hereafter be denominated the Department of State, and the printhe department cipal officer therein shall hereafter be called the Secretary of State.
Additional du. Sec. 2. And be it further enacted, That whenever a bill, order, resoties assigned the lution, or vote of the Senate and House of Representatives, having been secretary of the said depart
approved and signed by the President of the United States, or not havment.
ing been returned by him with his objections, shall become a law, or take effect, it shall forthwith thereafter be received by the said Secretary from the President; and whenever a bill, order, resolution, or vote, shall be returned by the President with his objections, and shall, on being reconsidered, be agreed to be passed, and be approved by twothirds of both Houses of Congress, and thereby become a law or take effect, it shall, in such case, be received by the said Secretary from the President of the Senate, or the Speaker of the House of Representatives, in whichsoever House it shall last have been so approved; and the said Secretary shall, as soon as conveniently may be, after he shall receive the same, cause every such law, order, resolution, and vote, to be published in at least three of the public newspapers printed within the United States, and shall also cause one printed copy to be delivered to each Senator and Representative of the United States, and two printed copies duly authenticated to be sent to the Executive authority
of each State; and he shall carefully preserve the originals, and shall Act of March 2, 1799, ch. 30, cause the same to be recorded in books to be provided for the pur
pose.(a) Seal of the U. Sec. 3. And be it further enacted, That the seal heretofore used by
the United States in Congress assembled, shall be, and hereby is de
clared to be, the seal of the United States. Secretary to Sec. 4. And be it further enacted, That the said Secretary shall keep keep and affix the said seal, and shall make out and record, and shall affix the said civil commis. seal to all civil commissions, to officers of the United States, to be apsions.
pointed by the President by and with the advice and consent of the were to be five auditors and one comptroller, and the salary of each of these officers was fixed at three thousand dollars.
(a) The acts for the general promulgation of the laws of the United States have been : The act of March 3, 1795; ct of December 31, 1796; act of March 2, 1799, chap. 30; act of November 21, 1814; act of April 20, 1818, chap. 75; act of May 11, 1820, chap. 92. By the 21st section of the act of August 26, 1842, chap. 202, the laws of the United States are required to be published in not less than two nor more than four newspapers in Washington.
Senate, or by the President alone. Provided, That the said seal shall
Sec. 5. And be it further enacted, That the said Secretary shall cause Secretary to
States shall approve, and all copies of records of office. and papers in the said office, authenticated under the said seal, shall be evidence equally as the original record or paper.
Sec. 6. And be it further enacted, That there shall be paid to the Fees of office Secretary, for the use of the United States, the following fees of office, to be paid for by the persons requiring the services to be performed, except when they U. States. are performed for any officer of the United States, in a matter relating to the duties of his office, to wit: For making out and authenticating copies of records, ten cents for each sheet, containing one hundred words ; for authenticating a copy of a record or paper under the seal of office, twenty-five cents.
Sec. 7. And be it further enacted, That the said Secretary shall forth Secretary to with after his appointment be entitled to have the custody and charge have custody of of the said seal of the United States, and also of all books, records and late Congress. papers, remaining in the office of the late Secretary of the United States in Congress assembled; and such of the said books, records and papers, as may appertain to the Treasury department, or War department, shall be delivered over to the principal officers in the said departments respectively, as the President of the United States shall direct.
APPROVED, September 15, 1789.
collection of the Duties imposed by Law on the Tonnage of Ships or Vessels,
(Obsolete.) for other purposes.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so Restriction on much of the act, intituled “ An act to regulate the collection of the vessels bound duties imposed by law, on the tonnage of ships or vessels, and on goods, suspended. wares, and merchandises, imported into the United States," as obliges (Act of July ships or vessels bound up the river Potomac, to come to and deposit 31, 1789, $ 4.] manifests of their cargoes, with the officers at St. Mary's and Yeocomico, before they proceed to their port of delivery, shall be and is hereby suspended until the first day of May next.
Sec. 2. And be it further enacted, That all the privileges and ad Privileges of vantages to which ships and vessels owned by citizens of the United ships, &c. of the States, are by law entitled, shall be, until the fifteenth day of January tended to ships next, extended to ships and vessels wholly owned by citizens of the &c. of N. CaroStates of North Carolina, and Rhode Island and Providence Plantations. lina and Rhode Provided, That the master of every such ship or vessel last mentioned, 15th January shall produce a register for the same, conformable to the laws of the next. state in which it shall have been obtained, showing that the said ship or vessel is, and before the first day of September instant, was owned as aforesaid, and make oath or affirmation, before the collector of the port in which the benefit of this act is claimed, that the ship or vessel for which such register is produced, is the same therein mentioned, and that he believes it is still wholly owned by the person or persons named in said register, and that he or they are citizens of one of the states aforesaid.
Sec. 3. And be it further enacted, That all rum, loaf sugar, and