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Object of appropriation.
Channel, in Galveston Bay, Texas..........................
and Demopolis, $25,000, in addition to any unexpended balance remaining from the appro
priation for the harbor of Mobile, hereby transferred to this improvement..... For the repair of the breakwater and piers at the harbor of Southport, Conn............ For completing the improvement of the harbor at Waddington, N. Y............ For examination and surveys of rivers and harbors, and for incidental repairs at harbors for which tbere is no special appropriation ....
It shall be the duty of the Secretary of War to apply the money, 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 appropria tions made for examinations and surveys; and such contracts shall be made after sufheient 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.
River to continue the slackwater navigation up said river, to the headwaters at the foot of
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,
French Broad River, from its junction with the Holston at Knoxville to Leadvale, Ten. pessee.
Port Henry, Lake Champlain, for a break water.
For examination for a route for 8 canal sufficient to allow the passage, &t ordinary high
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 River, Michigan.
Waddington, N. Y., for the purpose of ascertaining the praciicability and cost of con. structing a canal and locks around the rapids in the Saint Lawrence River, at that point.
Survey of the channel of West Haven Harbor, near New Haven, Conn.
For surveys to ascertain the most eligible line on which 8 canal across the Isthmus of Florida can be constructed, and whether a safe land-locked navigation between the waters of the Mixsingippi 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 prac icability 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 junction with the Holston, Tennessee.
The harbor at Edenton, N. C.
Brought forward ................................................................... $6,
$6, 643, 517 50 A line between the Neuse and Cape Fear Rivers, in North Carolina, with a view to conDect 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 Pike. ton, 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
Elk River, from its mouth to Braxton Court-Honge, W. Va.
Tennessee River, from the Chilhowee Mountains to the Georgia line, in Macon County,
Ipswich River and barbor, 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.
SEC. 3. That the Secretary of War shall convene & board of engineers to examine and report at the next session of Congress, a plan for the improvement of the channel be. tween 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 fortb, a wide and deep channel be. tween the South Pass of the Mississippi River and the Gulf of Mexico, and for that pur. pose be 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 bis 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 herein granted in relation to the said South Page, 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 sball 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 representa. tives, $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 certi. fied 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 sball be paid, with interest at 5 per centum per annam 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 sball 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
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 ancertained 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 baving 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 herein before 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 hereinbefore mentioned sball be released and paid to said Eads, his assigns, or legal representatives; and, said depth and width hay. 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 represent. ativer. 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 it 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 whall, as soon as practicable, cause a careful topo. graphic and hydrographic survey to be made of said pass and bar, and shall submit the saine to the Secretary of War, who shall furnish to said Eads the result of any such sur. vey. 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 bis associates shall, from time to time, have fulfilled on their part the several forecoing 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
. .............. ........... ...... which the said jettees and auxiliary works are being constructed, to the end that the Con. gress 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 Eady and associates, it being ex. pressly 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 beiog 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 sball 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 other. wise 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 ixsue 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 Eady, 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 Goverument 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.
By the act making appropriations for the support of the Army for the fiscal year ending June 30,
1876, and for other purposes.
5,000 00 105, 000 00
3,000 00 12, 500 00
11, 400, 000 00
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.
tary divisions and departments.....
field.telegraphs and vigoal.equipment......
UNIUOS .............................. 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 wubsistence of regular troopy, engineers, Indian scouts, and Indian prisoners, not ex. ceeding $3,000 of which may be used for subsisting Indians visiting military posts........
Provided. That $300,000 of the sum tbus appropriated may be applied by the Commissary-General of Subsistence, prior to the lst day of July, 1875, to the purchase of subsist. ence supplies intended for the posts supplied through the Upper Missouri and other dis
tant 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 otticers, 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 stations, 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 inay 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 Quartermarter's Departments, and for printing of division and department orders and reports......
Prorided, That of this amount a sum not to exceed $50,000 inay be expended before the beginning of tbe year for the purcbase of such supplies as it may be found to the advantage o the Governmeut to purchase immediately.
2, 484, 330 00
tantry as may be mountad avalry and artillery, and for the ini
... $18, 259, 830 00 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 Mareh 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 paymastery 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; compensa. tion of forage and wagon masters authorized by the act of July 5. 1838 ; for the apprehen. sion 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, tbe proper and authorized expenses for the movement and operations of the Army not expressly assigned to any other departinent....
1, 200, 000 00 For purchase of horses for the cavalry and artillery, and for the Indian scouts, and for such infantry as may be mounted............................................................
300, 000 00 For transportation of the Army, including baggage of the troops wben moving either by land
or water; of clothing and camp and garrison equipage from the depots of Philadelphia and Jefferson ville to the several posts and army-depots, and from those depots to the troops in the field; of horse-equipments and of subsistence-stores from the places of purchase and from the places of delivery under contract to such places as the circumstances of the sery. ice may require them to be sent; of ordnance, ordnance-stores, and small-arms from the founderies amd armories to the arsenals, fortifications, frontier posts, and army-depots ; freights, wharfage, tolls, and ferriages; the purchase and hire of horses, mules, oxer, and harness, and the purchase and repair of wagons, carts, and drays, and of ships and other sea-going vessels and boats required for the transportation of supplies and for garrison pur. poses; for drayage and cartage at the several posts ; hire of teamsters, transportation of funds for the pay and other disbursing departments; the expense of sailing public trans. ports on the various rivers, the Gulf of Mexico, and the Atlantic and Pacific ; for procur. ing water at such posts as from their situation require it to be brought from a distance ; and for clearing roads, and for removing obstructions from roads, harbors, and rivers to the extent which may be required for the actual operations of the troops in the field ....... 4,000,000 00
Provided That no money shall hereafter be paid to any railroad company for the transportation of any property or troops of the United States over any railroad wbich, in whole or in part, was constructed by the aid of a grant of public land on the condition that such railroad should be a public highway for the use of the Government of the United States free from toll or other charge, or upon any other conditions for the use of such road, for such transportation; nor shall any allowance be made for the transportation of officers of the Army over any such road when on duty and under orders as military officers of the United States. But nothing herein contained shall be construed as preventing any such railroad from bringing a suit in the Court of Claims for the charges for such transportation, and recovering for the same if found entitled thereto by virtue of the laws in foree prior to the pangage of this act: Provided, That the claim for such charges shall not have been barred by the statutes of limitations at the time of bringing the suit, and either party shall have the right of appeal to the Supreme Court of the United States : And provided further, That the foregoing provision shall not apply for the current fiscal year, nor thereafter, to roads where the sole condition of trausportation is that the company shall not charge the Govern. ment higher rates than they do individuals for like transportation, and when the Quarter.
master-General shall be satisfied that this condition has been faithfully complied with.
for the safe-keeping of military stores, offices, and of grounds for camps and summer can.
1,500,000 00 For construction and repairs of hospitals ....................
100, 000 00 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 ou hand at the Philadelphia, Jefferson ville, and other depots of the Quartermaster's Department... 1, 450, 000 00
Provided. That no part of this sum shall be paid for the use of any patent process for the preservation of cloth from anoth or mildew. For maintaining and improviug national military cemeteries ....
150, 000 00 For Army contingencies not provided for by cther estimates, embracing all branches of the m litary service..............................................................
100, 000 00 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 emer.
gencies, hire of hospital attendants, expeoses of purveying depots, of medical examining hoards, and incidental expenses of the Medical Department..........
200, OCO 00 For the Army Medical Museum and for medical and other neces-ary works for the library of the Surgeon General's Office.....
10,000 00 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 ...
9, 000 00
Carried forward ....
. 27, 278, 830 00