Port of entry

SEC. 2. That the Secretary of the Treasury, should it at any time hereafter seem to him necessary, may change the port of entry in the dis- in Beaufort district may be trict of Beaufort from Beaufort to Morehead city; and that all acts and changed. parts of acts conflicting with the provisions of this act be, and the same Repealing are hereby, repealed.

clause.

CHAP. LXXXIII. An Act to amend the Act entitled "An Act further to provide for Stat. at Large, the Safety of the Lives of Passengers on board of Vessels propelled in Whole or or in Part Vol. XIV. p. 411. by Steam, to regulate the Salaries of Steamboat Inspectors, and for other Purposes," ap- 1866, ch. 234, § 9. proved July twenty-five, eighteen hundred and sixty-six.

Ante, p. 490. Section nine of the act of 1866,

Be it enacted, &c. That section nine of the act entitled "An act to amend the act entitled An act further to provide for the safety of the ch. 234, amendlives of passengers on board of vessels propelled in whole or in part by ed. steam, to regulate the salaries of steamboat inspectors, and for other purposes,'" approved July twenty-five, eighteen hundred and sixty-six, be, and the same is hereby, amended so as to read as follows: :

What vessels

Steam vessels

Sea-going

SEC. 9. That all vessels navigating the baqs [bays], inlets, rivers, harbors, and other waters of the United States, except vessels subject to the subject to the navigation laws. jurisdiction of a foreign power, and engaged in foreign trade, and not owned in whole or in part by a citizen of the United States, shall be subject to the navigation laws of the United States; and all vessels propelled in whole or in part by steam, and navigating as aforesaid, shall also be to be subject to regulations. subject to all rules and regulations consistent therewith, established for the 1852, ch.106,§ 29. government of steam vessels in passing, as provided in the twenty-ninth Ante, p. 348. section of an act relating to steam vessels, approved the thirtieth day of August, eighteen hundred and fifty-two. And every sea-going steam vessel now subject or hereby made subject to the navigation laws of the United steam vessels, except, &c. when States, and to the rules and regulations aforesaid, shall, when under way, under way, exexcept upon the high seas, be under the control and direction of pilots licensed by the inspectors of steam vessels; vessels of other countries and public vessels of the United States only excepted: Provided, however, That nothing in this act, or in the act of which it is amendatory, shall be ing regulations construed to annul or affect any regulation established by the existing law of any State requiring vessels entering or leaving a port in such State to not affected. take a pilot duly licensed or authorized by the laws of such State, or of a State situate upon the waters of the same port.

cept upon the high seas, to be under the direction of pilots.

Certain exist

under State laws

The Clinton

Be it enacted, &c. That the bridge across the Mississippi River, erected by the Albany Bridge Company and the Chicago, Iowa, and Nebraska bridge across the Mississippi River Railroad Company, under the authority of the State[s] of Iowa and Illi- declared a postnois, between the towns of Clinton, Iowa, and Albany, Illinois, shall be a route. lawful structure, and shall be recognized and known as a post-route, upon which also no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States, than the rate per mile paid for their transportation over the railroads or public highways leading to the said bridge.

SEC. 2. That the draw of said bridge shall be opened promptly upon reasonable signal for the passage of boats whose construction shall not be such as to admit of their passage under the permanent spans of said bridge, except when trains are passing over the same; but in no case shall unnecessary delay occur in opening the said draw during or after the passage of trains.

&c.

Rates of tolls,

Regulations as to the draw of the bridge.

Litigation aris- SEC. 3. That in case of any litigation hereafter arising from any alleged ing from alleged obstruction to the free navigation of said river, the cause may be tried before the circuit court of the United States of any State in which any where to be tried. portion of said obstruction or bridge touches.

obstruction to navigation,

Act may be amended so as, &c.

SEC. 4. That the right to alter or amend this act so as to prevent or remove all material obstructions to the navigation of said river, by the construction of said bridge, is hereby expressly reserved.

Stat. at Large, CHAP. CI. — An Act to fix the Compensation of the Officers of the Revenue Cutter SerVol. XIV. p. 415. vice, and for other Purposes.

Compensation

of officers of revenue cutter service established.

Duty pay.

Captains. Lieutenants and engineers.

Leave of ab

sence or waiting orders pay. Captains. Lieutenants and engineers.

Officers on

Be it enacted, &c. That from and after the thirty-first day of December, eighteen hundred and sixty-six, the compensation of the officers of the revenue cutter service shall be at the following rates, viz:

DUTY PAY.

Captains, twenty-five hundred dollars per annum.

First lieutenants and chief engineers, eighteen hundred dollars per

annum.

Second lieutenants and first assistant engineers, fifteen hundred dollars per annum.

Third lieutenants and second assistant engineers, twelve hundred dollars per annum.

PAY ON LEAVE OF ABSENCE OR WHILE WAITING ORDERS.

Captains, eighteen hundred dollars per annum.

First lieutenants and chief engineers, fifteen hundred dollars per

annum.

Second lieutenants and first assistant engineers, twelve hundred dollars per annum.

Third lieutenants and second assistant engineers, nine hundred dollars per annum.

SEC. 2. That from and after the thirty-first day of December, eighteen duty entitled to hundred and sixty-six, each officer of the revenue cutter service, while on one navy ration per day. duty, shall be entitled to one navy ration per day.

Appropriation.

Stat. at Large, Vol. XIV. p. 417. Port of Camden annexed to the collection district of Philadelphia. Assistant collector at Cam

SEC. 3. That to enable the Secretary of the Treasury to carry out the provisions of this act during the last half of the current fiscal year and during the fiscal year ending June thirty, eighteen hundred and sixtyeight, the sum of one hundred and thirty-three thousand four hundred dollars is hereby appropriated for the expenses of the revenue cutter service, out of any money in the treasury not otherwise appropriated.

CHAP. CIII.-An Act relative to the Port of Camden, New Jersey.

Be it enacted, &c. That the port of Camden, in the State of New Jersey, be, and the same is hereby, annexed to the collection district of Philadelphia, and that an assistant collector, to be appointed in accordance with the laws of the United States, shall reside at Camden, who shall have power to enter and clear vessels in like manner as the collector of Philadelphia is authorized to do, but such assistant collector shall nevertheless act in conformity to such instructions and regulations as he shall structions from from time to time receive from the collector of Philadelphia; and that the the collector at said assistant collector shall receive for his annual salary fifteen hundred Philadelphia. Salary. dollars in full for all services to be by him performed, and in lieu of commissions and fees.

den;

to receive in

Assistant col

lector may enroll and license cer

coasting trade

SEC. 2. That the assistant collector, appointed under this act, be, and he hereby is, authorized to enroll and license, according to the laws of the United States, all vessels engaged in the coasting trade and fisheries, tain vessels enowned in whole or in part by residents of that portion of the Bridgeton gaged in the district lying north of Alloway's creek, in the county of Salem, in the and fisheries. State of New Jersey. And all such enrolments and licenses shall be as Such licenses, valid and effectual as if they had been effected in any other port of the &c. to be valid. United States; and the said assistant collector, in the enrolment and licensing of vessels shall be subject to the laws of the United States, and liable to all the penalties and responsibilities imposed upon collectors in

like cases.

No. 545. - FEBRUARY 28, 1867.

[No. 32.] Joint Resolution to extend the Time for the Use of certain Vessels for Quarantine Purposes at the Port of New York.

Responsibilities of collector.

Stat. at Large, Vol. XIV. p. 569.

Authority to place United

Be it resolved, &c. That the authority conferred by joint resolution of March twenty-fourth, eighteen hundred and sixty-six, upon the Secretary States vessels, of War and the Secretary of the Navy, respectively, to place, in their &c. for use of discretion, gratuitously, at the disposal of the commissioners of quarantine, commissioners of quarantine or the proper authorities of any of the ports of the United States, to be continued for used by them temporarily for quarantine purposes, such vessels or hulks two years. belonging to the United States as are not required for other uses, to be 14 Stat. p. 351. continued for two years after the passage of this joint resolution.

CHAP. CLIV.— An Act regulating the Tenure of certain Civil Offices.

Stat. at Large, Vol. XIV. p. 430. Persons hold

ing or appointed to any civil office, to hold the same until, &c.

The secreta

removal.

When civil officers, except,

&c. shall become disquali

Be it enacted, &c. That every person holding any civil office to which he has been appointed by and with the advice and consent of the Senate, and every person who shall hereafter be appointed to any such office, and shall become duly qualified to act therein, is, and shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified, except as herein otherwise provided: Provided, That the Secretaries of State, of the Treasury, of War, of the Navy, and of the ries of the several departments Interior, the Postmaster-General, and the Attorney-General, shall hold to hold office for, their offices respectively for and during the term of the President by &c. Subject to whom they may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate. SEC. 2. That when any officer appointed as aforesaid, excepting judges of the United States courts, shall, during a recess of the Senate, be shown, by evidence satisfactory to the President, to be guilty of misconduct in office, or crime, or for any reason shall become incapable or legally dis- fied, &c. the qualified to perform its duties, in such case, and in no other, the President President may may suspend such officer and designate some suitable person to perform and appoint pertemporarily the duties of such office until the next meeting of the Senate, sons temporarily to such offices. and until the case shall be acted upon by the Senate, and such person so Such persons designated shall take the oaths and give the bonds required by law to be to take the oaths taken and given by the person duly appointed to fill such office; and in and give the such case it shall be the duty of the President, within twenty days after The President the first day of such next meeting of the Senate, to report to the Senate to report such such suspension, with the evidence and reasons for his action in the case, suspensions and appointments to and the name of the person so designated to perform the duties of such the Senate. office. And if the Senate shall concur in such suspension and advise and consent to the removal of such officer, they shall so certify to the Presi- dent may redent, who may thereupon remove such officer, and, by and with the advice move the officers and consent of the Senate, appoint another person to such office. But if and appoint sucthe Senate shall refuse to concur in such suspension, such officer so sus- If Senate does

suspend them

bonds.

If Senate concurs, the Presi

cessor.

suspended officer resumes his

office.

Provision as to salary, &c.

the

not concur, the pended shall forthwith resume the functions of his office, and the powers of person so performing its duties in his stead shall cease, and the official salary and emoluments of such officer shall, during such suspension, belong to the person so performing the duties thereof, and not to the officer so suspended: Provided, however, That the President, in case he shall become satisfied that such suspension was made on insufficient grounds, shall be authorized, at any time before reporting such suspension to the Senate as above provided, to revoke such suspension and reinstate such officer in the performance of the duties of his office.

during the suspension. Proviso. Suspension may be revoked and officer rein

stated, if, &c. Vacancies

happening during the recess of

the Senate, how to be filled.

ance.

SEC. 3. That the President shall have power to fill all vacancies which may happen during the recess of the Senate, by reason of death or resignation, by granting commissions which shall expire at the end of their next session thereafter. And if no appointment, by and with the advice When office to and consent of the Senate, shall be made to such office so vacant or temremain in abey- porarily filled as aforesaid during such next session of the Senate, such office shall remain in abeyance, without any salary, fees, or emoluments attached thereto, until the same shall be filled by appointment thereto, Powers of of by and with the advice and consent of the Senate; and during such time fice during such all the powers and duties belonging to such office shall be exercised by period, to be ex- such other officer as may by law exercise such powers and duties in case ercised by whom. of a vacancy in such office.

No term of of

fice extended by

this act.

Penalty for accepting or exercising office contrary to this act.

The removal,

son contrary to

SEC. 4. That nothing in this act contained shall be construed to extend the term of any office the duration of which is limited by law.

SEC. 5. That if any person shall, contrary to the provisions of this act, accept any appointment to or employment in any office, or shall hold or exercise or attempt to hold or exercise, any such office or employment, he shall be deemed, and is hereby declared to be, guilty of a high misdemeanor, and, upon trial and conviction thereof, he shall be punished therefor by a fine not exceeding ten thousand dollars, or by imprisonment not exceeding five years, or both said punishments, in the discretion of the court.

SEC. 6. That every removal, appointment, or employment, made, had, or employment, or exercised, contrary to the provisions of this act, and the making, or appointment, or issuing, &c. signing, sealing, countersigning, or issuing of any commission or letter of a commission, of authority for or in respect to any such appointment or employment, &c. of any per- shall be deemed, and are hereby declared to be, high misdemeanors, and, this act, made a upon trial and conviction thereof, every person guilty thereof shall be high misdemean- punished by a fine not exceeding ten thousand dollars, or by imprisonor, and penalty ment not exceeding five years, or both said punishments, in the discretion of the court: Provided, That the President shall have power to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointment shall have been advised and consented to by the Senate.

therefor. Proviso.

Secretary of Senate at the end

of each session to furnish lists of

SEC. 7. That it shall be the duty of the Secretary of the Senate, at the close of each session thereof, to deliver to the Secretary of the Treasury, and to each of his assistants, and to each of the auditors, and to each of the nominations and comptrollers in the treasury, and to the treasurer, and to the register of rejections, &c.

The President

to notify the Sec

retary of the

Treasury when he has made an appointment to

office without the consent of the Senate.

Duty of the Secretary in such case.

the treasury, a full and complete list, duly certified, of all the persons who shall have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session.

SEC. 8. That whenever the President shall, without the advice and consent of the Senate, designate, authorize, or employ any person to perform the duties of any office, he shall forthwith notify the Secretary of the Treasury thereof; and it shall be the duty of the Secretary of the Treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of his department.

SEC. 9. That no money shall be paid or received from the treasury, or paid or received from or retained out of any public moneys or funds

&c.

of the United States, whether in the treasury or not, to or by or for the Money not to be paid to, or rebenefit of any person appointed to or authorized to act in or holding or ceived by, any exercising the duties or functions of any office contrary to the provisions person contrary of this act; nor shall any claim, account, voucher, order, certificate, war- to this act. No claim, acrant, or other instrument providing for or relating to such payment, re- count, &c. for ceipt, or retention, be presented, passed, allowed, approved, certified, or such payment, paid by any officer of the United States, or by any person exercising the to be approved, functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof; and every person who shall Violations of violate any of the provisions of this section shall be deemed guilty of a this section dehigh misdemeanor, and, upon trial and conviction thereof, shall be pun- demeanors, and clared high misished therefor by a fine not exceeding ten thousand dollars, or by impris- penalty therefor. onment not exceeding ten years, or both said punishments, in the discretion of the court.

No. 547.- MARCH 2, 1867.

Stat. at Large, Vol. XIV. p. 439. 1789, ch. 12.

one of the assist

CHAP. CLXIII. ·An Act supplemental to "An Act to establish the Treasury Department,” approved the second of September, seventeen hundred and eighty-nine. Be it enacted, &c. That the Secretary of the Treasury shall have The Secretary power, by an appointment under his hand and official seal, to delegate to of the Treasury one of the assistant secretaries of the treasury, authority to sign in his may authorize stead all warrants for the payment of money into the public treasury, ant secretaries and all warrants for the disbursement from the public treasury of to sign warrants money to pay money, certified by the proper accounting officers of the treasury to be due upon &c. accounts duly audited and settled by them; and such warrants so signed shall be in all cases of the same validity as if they had been signed by the Secretary of the Treasury himself.

CHAP. CLXVII. An Act making Appropriations for sundry Civil Expenses of the Government for the Year ending June thirtieth, eighteen hundred and sixty-eight, and for other Purposes.

Be it enacted, &c. That the following sums be, and the same are hereby, appropriated, for the objects hereafter expressed, for the fiscal year ending the thirtieth June, eighteen hundred and sixty-eight, viz: **** For custom-house and post-office at Astoria, Oregon, twenty-five thousand dollars: Provided, That vessels may load and unload at the city of Portland, in said State, under such regulations as may be prescribed by the Secretary of the Treasury.

Stat. at Large, Vol. XIV. p. 457.

Civil expenses appropriations.

Astoria.

Loading, &c. of vessels at Portland.

Salary of general appraiser at New York; of assistants

at certain ports.

House to select

in which the

SEC. 5. That the salary of the general appraiser in the city of New York shall be three thousand dollars. And the salaries of the assistant appraisers at Boston, Philadelphia, Baltimore, New Orleans, Portland, and San Francisco shall be twenty-five hundred dollars per annum. SEC. 7. That it shall be the duty of the clerk of the House of Repre-Clerk of the sentatives to select in Virginia, South Carolina, North Carolina, Georgia, newspapers Florida, Alabama, Mississippi, Louisiana, Texas, and Arkansas, one or in each of the more newspapers, not exceeding the number now allowed by law, in which ten rebel States such treaties and laws of the United States as may be ordered for publi- laws, legal nocation in newspapers according to law shall be published, and in some one tices, &c. shall or more of which so selected all such advertisements as may be ordered be published. for publication in said districts, by any United States court or judge thereof, or by any officer of such courts, or by any executive officer of the United States, shall be published, the compensation for which, and other terms of publication, shall be fixed by said clerk at a rate not exceeding two dollars per page for the publication of treaties and laws, and