Appropriations, &c.-Continued. Object of appropriation. Amount. Brought forward. For the improvement of the harbor at New Bedford, Mass.. For the improvement of the harbor at Wilson, N. Y For the improvement of the Sacramento and Feather Rivers, California For the improvement of the ship-canal between the mouth of San Jacinto River, to Bolivar For the improvement of Sabine Pass, Texas For the improvement of the Harlem River, New York.. For the improvement of the harbor and river at Saint Joseph's, Michigan.. For the improvement of the Warrior and Tombigbee Rivers, Alabama, below Tuscaloosa For examination and surveys of rivers and harbors, and for incidental repairs at harbors for It shall be the duty of the Secretary of War to apply the moneys herein appropriated as far as may be by contract, except when specific estimates cannot be made for the particular work, or where, in the judgment of said Secretary, the work cannot be contracted at prices advantageous to the Government, and except the appropriations made for examinations and surveys; and such contracts shall be made after sufficient public advertisement for proposals in such form and manner as the Secretary of War shall prescribe; and such contracts shall be made with the lowest responsible bidders therefor, accompanied by such securities as the Secretary of War shall require. For completing the survey and estimates of the route from the mouth of the Youghiogheny River to continue the slackwater navigation up said river, to the headwaters at the foot of the Alleghany Mountains, thence by canal to Cumberland, intersecting there the Chesapeake and Ohio Canal SEC. 2. That the Secretary of War is hereby directed to cause examinations, or surveys, or both, to be made at the following points, namely: Alabama River, from Wetumpka to its mouth. East Branch of Potomac River, from the navy-yard to Bladensburg, District of Columbia. Puyallup River, from the Coal Mines to its mouth, Washington Territory. Monongahela River, from Morgantown to Fairmount, W. Va. French Broad River, from its junction with the Holston at Knoxville to Leadvale, Ten Mouth at Nehalem River, Oregon, Alsea River and bar, Oregon. For examination for a route for a canal sufficient to allow the passage, at ordinary high tide, of steamers drawing ten feet, connecting the waters of Shoal Water Bay with the waters of the Columbia River: Provided, That no more than $500 shall be expended in making such survey and estimate. Alleghany River, below Freeport, Pa. Thunder Bay River, Lake Huron. Little Narragansett Bay, between Dennison Rocks and Rhode's Folly, Rhode Island and Connecticut. For examination for a route for a canal from Lake Michigan to the Wabash River, Indiana, not exceeding the expense of $2,000, Clinch River, below the mouth of Emory River, and Emory River above its mouth, for removal of bars, Tennessee. Clinton River, from Mount Clemens to its mouth, Michigan. For estimate of cost to obtain 13 feet of water on the outer bar at the mouth of Saginaw Waddington, N. Y., for the purpose of ascertaining the practicability and cost of con- Neuse River, from its mouth, Goldsboro, N. C. Pasquotank River, from Albemarle Sound to Elizabeth City, N. C. Puqunnaus River, from its mouth to the town of Hartford, N. C. Belfast Bay and harbor, Maine. Harbor Matinicus Island, Maine. Alleghany River, near Pittsburgh, Pa. Ocmulgee River, Georgia, from the city of Macon to the city of Covington. For surveys to ascertain the most eligible line on which a canal across the Isthmus of Florida can be constructed, and whether a safe land-locked navigation between the waters of the Mississippi and the Gulf along the coasts of Alabama, Louisiana, and Florida, and through the latter State to the Atlantic coast, can be had. To estimate the probable cost and practicability of construction of such works, and of any artifical water-routes found necessary to provide a safe inland navigation between the Mississippi River and one of the seaports on the east coast of Florida. Continuing survey of French Broad River, from the Henderson County line to its junc tion with the Holston, Tennessee. The harbor at Edenton, N. C. Carried forward Appropriations, &c.-Continued. Object of appropriation. Amount. Brought forward A line between the Neuse and Cape Fear Rivers, in North Carolina, with a view to connect the waters of the same. And a like line with a view to connect the waters of Norfolk Harbor, in Virginia, with the waters of the Cape Fear River, at or near Wilmington, N. C. Louisa Fork of Sandy, from the mouth of Dismal, in Buchanan County, Virginia, to Piketon, Ky. Powell River, from the three forks in Wise County, Virginia, to the mouth of Clinch River, Tennessee. Clinch River, from the mouth of Indian, in Tazewell County, Virginia, to the junction of Clinch and Powell Rivers, Tennessee. Elk River, from its mouth to Braxton Court-House, W. Va. Missouri River, at the point where it is cutting into the Kansas shore above Saint Joseph's, Mo The piers at Marcus Hook, Pa. Tennessee River, from the Chilhowee Mountains to the Georgia line, in Macon County, North Carolina. Ipswich River and harbor, Massachusetts, and estimates of cost for dredging the river so as to give nine feet depth at low water. Mouth of Big Sandy Creek, New York. Chippewa River, Wisconsin. Echo Harbor, New Rochelle, N. Y. SEC. 3. That the Secretary of War shall convene a board of engineers to examine, and report at the next session of Congress, a plan for the improvement of the channel between Staten Island and New Jersey. SEC. 4. That James B. Eads, of Saint Louis, Mo., be, and he is hereby, authorized, with such others as may be associated with him, on the conditions hereinafter mentioned, to construct such permanent and sufficient jettees and such auxiliary works as are necessary to create and permanently maintain, as hereinafter set forth, a wide and deep channel between the South Pass of the Mississippi River and the Gulf of Mexico, and for that purpose he may construct, in the river, outlet, or pass, and likewise in the Gulf of Mexico, such walls, jettees, dikes, levees, and other structures, and employ such boats, rafts, and appliances, as he may, in the prosecution of said work, deem necessary: Provided, That no such structures or means employed, shall hinder, delay, or materially interfere with the free navigation of said pass; and, to protect his said works, he may build and maintain such levees or embankments as may be necessary to secure their permanency along the banks of the river or South Pass: Provided further, That unless the construction of the proposed work shall be substantially commenced within eight months from the date of the approval of this act, and prosecuted with due diligence, the provisions contained herein in relation to said South Pass shall be null and void; and unless the said Eads and his associates shall secure a navigable depth of twenty feet of water through said pass within thirty months after the date of the approval of this act, Congress may revoke the privileges here in granted in relation to the said South Pass, and cancel the obligations herein assumed by the United States. And Congress may revoke the privileges herein granted in relation to the said South Pass and cancel the obligations herein assumed by the United States, unless the said Eads and his associates shall, after securing twenty feet of water, secure an additional depth of not less than two feet during each succeeding year thereafter, until twenty-six feet shall have been secured and in case said Eads and bis associates shall fail to comply with the foregoing conditions, as to depth of water, and time for and period of twelve months in excess of the time fixed as aforesaid, then the privileges herein granted, and the obligations herein assumed in relation to the said South Pass, shall absolutely become absolutely null and void without action by Congress. SEC. That the conditions herein prescribed being fully complied with, the United States hereby promise and agree to pay to said Eads, or to his assigns or legal representatives, $5,250,000 for constructing said works and obtaining a depth of thirty feet in said channel, and the annual sum of $100,000 for each and every year that said depth of thirty feet shall be maintained by the jettees and auxiliary works aforesaid in said South Pass during twenty years after first securing the said depth. Payments shall be made on certified statements of an engineer-officer, who shall be detailed by the Secretary of War, and whose duty it shall be to report the depth of water and width of channel secured and maintained from time to time in said channel, together with such other information as the Secretary of War may direct. When a channel of twenty feet in depth, and of not less than two hundred feet in width, shall have been obtained by the action of said jettees and auxiliary works, $500,000 shall be paid; and when a channel of twenty-two feet in depth and two hundred feet in width shall have been obtained by the action of said jettees and auxiliary works, $500,000 shall be paid. When a channel twenty-four feet in depth, and not less than two hundred and fifty feet in width, shall have been obtained, there shall be paid $500,000; and after said depth and width shall have been maintained during twelve consecutive months, there shall be paid $250,000, with 5 per centum per annum interest from the date when said twenty-four feet were first obtained. When a channel twenty-six feet in depth, and not less than three hundred feet in width, shall be obtained, there shall be paid $500,000; and when a channel of said depth and width shall have been maintained for twelve months consecutively, $250,000 shall be paid, with interest at 5 per centum per annum from the date when said channel was first obtained. When a channel twenty-eight feet in depth and not less than three hundred and fifty feet in width shall be obtained, there shall be paid $500,000; and after said depth and width shall have been maintained for twelve months consecutively, $250,000 shall be paid, with interest at 6 per centum per annum from the date when said twenty-eight feet were first obtained. When a channel thirty feet in depth and not less than three hundred and fifty feet in width shall be obtained, there shall be paid $500,000; and after such depth and width shall have been maintained for twelve months consecutively, there shall be paid $500,000, with interest at 5 per centum per annum from the date when a channel of said depth and $6,643, 517 50 Carried forward 6,643, 517 30 Appropriations, &c.-Continued. Object of appropriation. Amount. Brought forward width was first obtained; making a total aggregate of $4,250,000 for the aforesaid payments, the respective depths and widths of channel being measured at average flood-tide, as ascertained and determined by the Secretary of War. When a channel 30 feet in depth and 350 feet in width, shall have been obtained by the effect of said jettees and auxiliary works aforesaid, the remaining $1,000,000 shall be deemed as having been earned by said Eads and associates; but said amount shall remain as security in the possession of the United States for the purposes hereinafter set forth, interest at 5 per centum per annum on the same being payable to said Eads, his assigns, and legal representatives, semi-annually, from the date when a channel of 30 feet in depth and 350 feet in width shall have been first secured, so long as said money, or any part thereof, is held by the United States. . SEC That after said channel of 30 feet in depth and of not less than 350 feet in width shall have been secured, $100,000 per annum shall be paid, in equal quarterly payments, during each and every year that said channel of 30 feet in depth and 350 feet in width shall have been maintained by said Eads and his associates by the effect of said jettees and auxiliary works aforesaid in said pass, for a period of twenty years, dating from the date on which said channel of 30 feet in depth and 350 feet in width shall be first secured: Provided, however, That no part of such annual compensation shall be paid for any period of time during which the channel of said pass shall be less than 30 feet in depth and 350 feet in width, as hereinbefore specified. SEC. That, the said channel of 30 feet in depth and 350 feet in width having been maintained for ten years, one-half of the $1,000,000 herein before mentioned shall be released and paid to said Eads, his assigns, or legal representatives; and, said depth and width hav. ing been maintained for ten additional years, the remaining half of said $1,000,000 shall be released and paid as aforesaid. And if any of said money shall have been paid under the provisions of this act, as hereinafter provided, then the residue shall be paid at the times above stated. SEC. That in case said Eads and associates, in order to maintain a channel of 30 feet in depth and 350 feet in width, shall deem it necessary to expend on said works, during any one or more of said twenty years, any money in excess of the annual payments received by them during said year or years under this act, the Secretary of War shall, or satisfac. ory proof of such expenditures, authorize, as often as such extra expenditures may require, the payment of the same from the said money in pledge to said Eads or his legal representatives. And such payments shall be made from the $500,000 to be released at the end of ten years, before any payment shall be made from the $500,000, to be released at the end of twenty years; and if any failure to maintain said channel of 30 feet in depth and 350 feet in width shall occur, the date for releasing the said money held in pledge shall be postponed for an equal period of time, and the compensation for maintaining said channel shall cease until said depth and width shall be again restored, the maintenance of a channel of 30 feet in depth and 350 feet in width for twenty years, exclusive of all such periods of failure, being intended by this act. And at any time after said jettees shall have been completed, and said channel of 30 feet in depth and 350 feet in width shall have been obtained, that the United States may elect to pay the said $1,000,000, and stop the payment of said interest and said annual sum of $100,000 for the maintenance of said depth and width, said United States shall have the right to do so on payment of said money held as security and in pledge as aforesaid, together with the interest and annual compensation for maintenance which may be earned at the date of such final payment; and on such payment being made by the United States, the supervision and maintenance of said jettees and auxiliary works by said Eads and associates, and all liability on their part, shall cease and determine. SEC. That in order to facilitate the proper location of said jettees, which shall not be less than 700 feet apart, and to correctly determine such effects as may be produced by them, the Chief of the Coast Survey shall, as soon as practicable, cause a careful topographic and hydrographic survey to be made of said pass and bar, and shall submit the same to the Secretary of War, who shall furnish to said Eads the result of any such survey. And the sum of $5,000 is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for said survey and examination. SEC. That any person maliciously or intentionally injuring said works, or interfering with the construction thereof, shall be deemed guilty of a misdemeanor, and may be tried for such offense before the district court of the United States for the district whereia such offense may be committed; and, if found guilty, he shall be liable to a fine not exceeding $1,000, or to imprisonment for not more than two years, or to both fine and imprisonment, as aforesaid, for each offense. . SEC. That the said Eads and his associates shall have the right, under such regula. tions as the Secretary of War shall prescribe, to use any materials on the public lands of the United States that shall be suitable for, and may be needed in, the construction of said works. SEC. That, in case of death or other disability of said Eads before the completion of said works, the same shall be prosecuted and completed by his legal representatives and his associates aforesaid, with the same powers, rights, obligations, and compensations as if done by him in person. SEC. . That the Secretary of War be, and he is hereby, authorized and directed to carry into effect the provisions of this act on behalf of the United States, and, when the said Eads and his associates shall, from time to time, have fulfilled on their part the several foregoing conditions of this act, to draw his warrants upon the Treasurer of the United States in favor of said Eads, or his legal representatives, in payment of the aforesaid amounts as they respectively become due by the provisions of this act. And it shall be the duty of the Secretary of War to embody in his annual reports the payments made from time to time under this act, and the probable times when other payments will become due, and to report during the construction of the works herein authorized all important facts relating to the progress of the same, the materials used, and the character and permanency with $6,643, 517 50 Carried forward H. Mis. 95- -5 6 643,517 50 Appropriations, &c.-Continued. Object of appropriation. Amount. Brought forward.. which the said jettees and auxiliary works are being constructed, to the end that the Congress of the United States may be kept fully advised as to the faithfulness and efficiency with which the said works are being executed by the said Eads and associates, it being expressly understood that while said Eads shall be entrammeled in the exercise of his judg. ment and skill in the location, design, and construction of said jettees and auxiliary works, the intent of this act is not simply to secure the wide and deep channel first above named, but likewise to provide for the construction of thoroughly substantial and permanent works by which said channel may be maintained for all time after their completion. And in case the Secretary of War shall be of the opinion that this work is not being constructed according to the spirit and intent of this act, he shall report the same to the President, who shall appoint a commission, consisting of an officer of the Army, an officer of the Navy, and a competent person from civil life, to inspect and examine the works being constructed by said Eads and his associates; and in case the said commission shall report that the works are being constructed upon a design that will not be of a substantial and permanent character when completed, all the facts in the case shall be laid before Congress at the earliest possible moment, and payments upon said works shall be suspended until Congress shall otherwise order. SEC. That the option of discharging the obligations herein assumed by the United States, either in money or bonds, is expressly reserved; and the Secretary of the Treasury is hereby directed to issue the bonds of the United States, bearing 5 per cent. interest, of the character and description set out in the act entitled "An act to authorize the refunding of the public debt," approved July 14, 1870, to said Eads, or his legal representatives, in payment at par of the aforesaid warrants of the Secretary of War, unless the Congress of the United States shall have previously provided for the payment of the same by the neces sary appropriations of money: Provided, That in no case shall the Government of the United States be liable for any losses incurred by said Eads and his associates in the performance of the work herein mentioned, nor shall any payments thereon be made in excess of the sums nor contrary to the terms hereinbefore prescribed. Total $6,643, 517 50 6,643, 517 50 By the act making appropriations for the support of the Army for the fiscal year ending June 30, For expenses of the Commanding-General's Office.. And no money appropriated by this act shall be paid for recruiting the Army beyond the number of 25,000 enlisted men, including Indian scouts and hospital-stewards. Nothing, however, in this act shall be construed to prevent enlistments for the Signal-Service, which shall hereafter be maintained as now organized, and with the force of enlisted men now provided by law. For contingent expenses of the Adjutant-General's Department at the headquarters of mili tary divisions and departments.. For expenses of the Signal-Service of the Army, purchase, equipment, and repair of electric field-telegraphs and signal-equipments.. For pay of the Army, and for allowances to officers of the Army for transportation of themselves and their baggage when traveling on duty without troops, escorts, or supplies, and for compensation of witnesses while on court-martial service; for traveling-expenses of paymasters' clerks; for payment of postage on letters and packages, and cost of telegrams received and sent by officers of the Army on public business Provided, That hereafter only actual traveling-expenses shall be allowed to any person holding employment or appointment under the United States, except marshals, district attorneys, and clerks of the courts of the United States and their deputies; and all allow. ances for mileages and transportation in excess of the amount actually paid, except as above excepted, are hereby declared illegal; and no credit shall be allowed to any of the disburs ing-officers of the United States for payment or allowances in violation of this provision. For subsistence of regular troops, engineers, Indian scouts, and Indian prisoners, not exceeding $3,000 of which may be used for subsisting Indians visiting military posts..... Provided, That $300,000 of the sum thus appropriated may be applied by the Commissary-General of Subsistence, prior to the 1st day of July, 1875, to the purchase of subsistence supplies intended for the posts supplied through the Upper Missouri and other distant posts. For regular supplies of the Quartermaster's Department, to wit: For the regular supplies of the Quartermaster's Department, consisting of stoves for heating and cooking; of fuel for officers, enlisted men, guards, hospitals, store-houses, and offices; of forage in kind for the horses, mules, and oxen of the Quartermaster's Department, at the several posts and sta tions, and with the armies in the field; for the horses of the several regiments of cavalry, the batteries of artillery, and such companies of infantry and scouts as may be mounted, and for the authorized number of officers' horses, including bedding for the animals; of straw for soldiers' bedding; and of stationery, including blank books for the Quartermaster's Department, certificates for discharged soldiers, blank forms for the Pay and Quartermaster's Departments, and for printing of division and department orders and reports.. Provided, That of this amount a sum not to exceed $50,000 inay be expended before the beginning of the year for the purchase of such supplies as it may be found to the advantage o the Government to purchase immediately. Carri d forward 5,000 00 105, 000 00 3,000 00 12,500 00 11, 400, 000 00 2,484, 330 00 4,250,000 00 18, 259,830 00 Appropriations, &c.-Continued. Object of appropriation. Amount. Brought forward.. For incidental expenses, to wit: For postage and telegrams or dispatches; extra pay to sol· diers employed, under the direction of the Quartermaster's Department, in the erection of barracks, quarters, store-houses, and hospitals, in the construction of roads, and other constant labor, for periods of not less than ten days, under the acts of March 2, 1819, and August 4, 1854, including those employed as clerks at division and department headquar ters; expenses of expresses to and from the frontier posts and armies in the field; of escorts to paymasters and other disbursing officers, and to trains where military escorts cannot be furnished; expenses of the interment of officers killed in action, or who die when on duty in the field, or at posts on the frontiers, or when traveling on orders, and of noncommissioned officers and soldiers; authorized office-furniture; hire of laborers in the Quartermaster's Department, including the hire of interpreters, spies, and guides for the Army; compensation of clerks to officers of the Quartermaster's Department; compensation of forage and wagon masters authorized by the act of July 5. 1838; for the apprehension of deserters, and the expense incident to their pursuit; and for the following expenditures required for the several regiments of cavalry, the batteries of light artillery, and such companies of infantry and scouts as may be mounted, to wit, hire of veterinary surgeons, medicine for horses and mules, picket-ropes, and for shoeing the horses of the corps named; also, generally, the proper and authorized expenses for the movement and operations of the Army not expressly assigned to any other department.. For purchase of horses for the cavalry and artillery, and for the Indian scouts, and for such For transportation of the Army, including baggage of the troops when moving either by land For construction and repairs of hospitals For purchase and manufacture of clothing and camp and garrison equipage, and for preserv ing and repacking stock of clothing and camp and garrison equipage, and materials on hand at the Philadelphia, Jeffersonville, and other depots of the Quartermaster's Department Provided. That no part of this sum shall be paid for the use of any patent process for the preservation of cloth from moth or mildew. For maintaining and improving national military cemeteries For Army contingencies not provided for by other estimates, embracing all branches of the m litary service.. Provided, That none of the money hereby appropriated shall be expended, directly or indirectly, for any use not strictly necessary for, and directly connected with, the military service of the Government. For purchase of medical and hospital supplies, pay of private physicians employed in emergencies, hire of hospital attendants, expenses of purveying depots, of medical examining boards, and incidental expenses of the Medical Department. For the Army Medical Museum and for medical and other necessary works for the library of the Surgeon General's Office. For engineer depot at Willet's Point, New York, namely, remodeling portions of bridge equipage, and for the current expenses of the depot, purchase of engineering materials for use in instruction of engineer battalion, and purchase and repair of instruments for general service of the Corps of Engineers Carried forward $18, 259, 830 00 1,200, 000 00 300, 000 00 4, 000, 000 00 1,500, 000 00 100, 000 00 1, 450, 000 00 150, 000 00 100, 000 00 200, OCO 00 10, 000 00 9,000 00 27,278, 830 00 |