Contract void. 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 Con- Every member so offending liable gress shall, directly or indirectly, himself, or by any other to a fine of $3,000. 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 Prosecution on surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum or sums of money advanced as aforesaid. Money advanced to be repaid. refusing repay Not to extend to tracts of incorporated companies. agreements or con SEC. 2. And be it further enacted, 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 Nor to purchase other property by any member of Congress, where the same exchange by memshall be ready for delivery, and for which payment shall bers of Congress, be made at the time of making or entering into the contract or agreement. or sale of bills of &c. Every contract to express that no Congressman is to SEC. 3. And be it further enacted, 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 share. member of Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.* of officers of the contracts with mem SEC. 4. And be it further enacted, That if any officer of Penalty in case the United States, on behalf of the United States, shall directly United States enor indirectly make or enter into any contract, bargain, or tering into agreement, in writing or otherwise, other than such as are bers of Congress. 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. * This section is directory only, and all omissions to insert such provision does not render the contract void. Crown vs. U. S., Dev, C. C. 44-5 Statement of con tracts to be laid annually. SEC. 5. And be it further enacted, That, from and after before Congress the passage 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.* Approved April 21, 1808. (Vol. 2, p. 484.) Warrants to be charged to the distinct they are founded. AN ACT further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments.t SEC. 1. Be it enacted, &c., That all warrants drawn by the appropria- Secretary of the Treasury, or of War, or of the Navy, upon tions on which the Treasurer of the United States, shall specify the particular appropriation or appropriations to which the same should be charged; the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation or appropriations, in the books kept in the office of the Comptroller of the Treasury, in the case of warrants drawn by the Secretary of the Treasury, and in the books of the accountbolished by act of ants of the War or Navy Departments, respectively, in the case March 3, 1817, and of warrants drawn by the Secretary of War or by the Secretary of the Navy; and the officers, agents, or other persons Accounts to be who may be receivers of public moneys, shall render distinct accounts of the application of such moneys, according to the appropriation or appropriations under which the same shall have been drawn. Accountants a auditors estab lished.] rendered. * * * * Comptroller of SEC. 2. And be it further enacted, That it shall be the duty the Treasury au- of the Comptroller of the Treasury, in every case where, in his the settlement of opinion, further delays would be injurious to the United States, thorized to cause certain accounts. and he is hereby authorized, to direct the Auditor of the Treasury, and the accountants of the War and Navy Departments, at any time, forthwith to audit and settle any particular account which the said officers may be respectively authorized to audit and settle, and to report such settlement for his revision and To make annual final decision. And the said Comptroller shall also lay an settled accounts to annual statement‡ before Congress, during the first week of their session, of the accounts in the Treasury, War, or Navy Departments which may have remained more than three statement of un Congress. years * See acts of May 4, 1858, and July 17, 1862, in reference to reporting to Congress contracts made by the departments. It is under this act that navy agents are appointed. United States vs. Cutter, 2 Curt. C. C., 617; Browne vs. United States, 1 Îbid, 18. Section 14, act of March 3, 1817, page 28, requires the Comptroller to distinguish those accounts, the balances appearing on which, in his opinion, should be removed by Congress. unsettled, or on which balances appear to have been due more than three years prior to the thirtieth of September then last past, together with a statement of the causes which have prevented the settlement of the accounts or the recovery of the balances due to the United States. * agents authorized. SEC. 3. And be it further enacted, That, exclusively of the What permanent purveyor of public supplies, paymasters of the army, pursers of the navy, military agents, and other officers already authorized by law, no other permanent agents shall be appointed, either for the purpose of making contracts, or for the purchase of supplies, or for the disbursement in any other manner of moneys for the use of the military establishment, or of the navy of the United States, but such as shall be appointed by To be submitted the President of the United States, with the advice and consent of the Senate: Provided, That the President may, and he is hereby authorized, in the recess of the Senate, to appoint President may all or any of such agents, which appointments shall be sub-appoint in recess mitted to the Senate, at their next session, for their advice and consent; and the President of the United States is hereby authorized, until otherwise provided by law, to fix the number and compensations of such agents.† * * * * to the Senate. the Senate. bonds. SEC. 4. And be it further enacted, That every such agent Agents to give as may be appointed by virtue of the next preceding section, and every purser of the navy, shall give bond, with one or more sufficient sureties, in such sumst as the President of the United States may direct, for the faithful discharge of the trust reposed in him; and the paymaster of the army, the military agents, the purveyor of public supplies, the pursers of the navy, the agents appointed by virtue of the preceding section, shall make Make monthly monthly returns, in such form as may be prescribed by the returns of receipts Treasury Department, of the moneys received and expended during the preceding month, and of the unexpended balance in their hands. * * * * and expenditures. an Annual state tures of contingent to be made to Congress. SEC. 5. And be it further enacted, That annual statement of * the expenditure ment of expendiof the moneys appropriated for the contingent expenses of the fund of the navy military establishment, for the contingent expenses of the navy of the United States, and for the discharge of miscellaneous claims not otherwise provided for and paid at the treasury, shall be laid before Congress, at the beginning of each year, by the Secretary of the proper department. Approved March 3, 1809. (Vol. 2, p. 535.) *Offices of purveyor of public supplies and military agents abolished by act of March 28, 1812. The act of March 3, 1855, fixes the compensation of navy agents. The act of March 1, 1817, fixes the bonds of pursers at $25,000. To whom hos pital money shall be paid. Hospital fund constituted. Fines imposed to go to navy hospitals. Sites for hos cured, &c. AN ACT establishing navy hospitals. SEC. 1. That the money hereafter collected by virtue of the act entitled "An act in addition to An act for the relief of sick and disabled seamen,'" shall be paid to the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, for the time being, who are hereby appointed a board of commissioners,* by the name and style of commissioners of navy hospitals, which, together with the sum of fifty thousand dollars, hereby appropriated out of the unexpended balance of the marine hospital fund, to be paid to the commissioners aforesaid, shall constitute a fund for navy hospitals. SEC. 2. That all fines imposed on navy officers, seamen, and marines, shall be paid to the commissioners of navy hospitals. SEC. 3. That the commissioners of navy hospitals be, and pitals to be pro- they are hereby, authorized and required to procure, at a suitable place or places, proper sites for navy hospitals, and if the necessary buildings are not procured with the site, to cause such to be erected, having due regard to economy, and giving preference to such plans as, with most convenience and least cost, will admit of subsequent additions, as the funds will permit and circumstances require; and the commissioners asylum are required, at one of the establishments, to provide a permanent asylumt for disabled and decrepit navy officers, seamen, and marines. Naval to be established. Rules and regu SEC. 4. That the Secretary of the Navy be authorized and lations for, to be required to prepare the necessary rules and regulations for the government of the institution, and report the same to the next session of Congress.. prepared. Disposition of sions of those ad hospitals. SEC. 5. That, when any navy officer, seaman, or marine rations and pen shall be admitted into a navy hospital, the institution shall be mitted into the allowed one ration per day during his continuance therein, to be deducted from the account of the United States with such officer, seaman, or marine; and in like manner, when any officer, seaman, or marine entitled to a pension shall be admitted into a navy hospital, such pension, during his continuance therein, shall be paid to the commissioners of the navy hospitals, and deducted from the account of such pensioner. Approved February 26, 1811. (Vol. 2, p. 650.) Appointment of pursers. AN ACT concerning the naval establishment. SEC. 6. And be it further enacted, That the pursers in the navy of the United States shall be appointed by the Presi *By the act of July 10, 1832, 4 Stat., 572, the Secretary of the Navy is constituted trustee of the navy pension and navy hospital funds, and the powers and duties conferred and imposed on the board of commissioners are transferred to him. + Naval asylum, at Philadelphia. dent* of the United States, by and with the advice and consent of the Senate. * * * * Approved March 30, 1812. (Vol. 2. p. 699.) * * AN ACT for the regulation of seamen on board the public and private vessels of the United States.t un SEC. 2. And be it further enacted, That, from and after the time when this act shall take effect, it shall not be lawful to employ, as aforesaid, [on board public or private vessels of the United States,] any naturalized citizen of the United States, less such citizen shall produce to the commander of the public vessel, if to be employed on board such vessel, or to a collector of the customs, a certified copy of the act by which he shall have been naturalized, setting forth such naturaliztion, and the time thereof. [SEC. 3 relates to private vessels.] SEC. 4 to proofs of citizenship.] Employment of persons on board public or private vessels of the Uni ted States. men as passengers SEC. 5. And be it further enacted, That, from and after Reception of seathe time when this act shall take effect, no seaman, or other men or seafaring seafaring man, not being a citizen of the United States, shall in a foreign port. be admitted or received as a passenger on board of any public or private vessel of the United States, in a foreign port, without permission in writting from the proper officers of the country of which such seaman or seafaring man may be subject or citizen. suls and commer SEC. 6. And be it further enacted, That, from and after the Rights of contime when this act shall take effect, the consuls, or commercial agents with cial agents, of any nation at peace with the United States, respect to the emshall be admitted (under such regulations as may be pre- men. ployment of seascribed by the President of the United States) to state their objections to the proper commander or collector as aforesaid, against the employment of any seaman, or seafaring man, on board of any public or private vessel of the United States, on account of his being a native subject or citizen of such nation, and not embraced within the description of persons who may be lawfully employed, according to the provisions of this act; and the said consuls, or commercial agents, shall also be admitted, under the said regulations, to be present at the time when the proofs of citizenship, of the persons against whom such objections may have been made, shall be investigated by such commander or collector. * The commander of a squadron on a foreign station has power to appoint an acting purser, in the absence of any purser of the navy duly appointed by the President-6 Opin., 357; and the act of July 17, 1861, gives the senior officer present at sea or on a foreign station power to make an acting appointment to fill vacancy caused by death or otherwise. Title changed to paymasters by act of June 22, 1860. + The first section of this act was repealed by act of June 28, 1864. |