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Department established, duties of 363 Secretary of board, how appointed Chief clerk, &c., duty, compensa- -duties

368 tion

364 Board to prepare rules and regulaSalary of secretary 365 tions

369 Board of navy commissioners esta- Board to furnish estimates, &c. 370 blished 366 President of board

371 Attached to office of secretary of Control of secretary not taken away 372 navy-duties

367 Salary of commissioners and secretary


For certain duties of the secretary, &c. of the navy department, see war department.

ART. 363. There shall be an executive department, under the denomination of the department of the navy, the chief officer of which shall be called the secretary of the navy, whose duty it shall be to execute such orders as he shall receive from the president, relative to the procurement of naval stores and materials, and the construction, armament, equipment, and employment of vessels of war, as well as all other matters connected with the naval establishment of the United States.(1)

364. He may employ one chief clerk, whose compensation shall not exceed two thousand dollars per annum: and such other clerks as are authorized by law.(2)

In case of vacancy in the office of the secretary, by removal or otherwise, the principal clerk shall take charge and custody of all the books, records, and documents of the department.(3)

365. The salary of the secretary of the navy shall be six thousand dollars per annum, payable quarterly.(4)

366. The president shall, by and with the advice and consent of the senate, appoint three officers of the navy, of rank not below a post-captain, who shall constitute a board of commissioners for the navy of the Unit. ed States: and shall have power to adopt such rules and regulations for the government of their meetings as they may judge expedient.(5)

367. Such board shall be attached to the office of the secretary of the navy, and, under his superintendence, shall discharge all the ministerial duties of such office, relative to the procurement of naval stores and materials, and the construction, armament, equipment and employment of vessels of war, as well as all other matters connected with the naval establishment of the L'nited States.(5)

368. The board shall appoint their own secretary, who shall keep a fair record of their proceedings, subject at all times to the inspection of the president of the United States, and the secretary of the navy (5)

(1) Act 30th April, 1798, sec. 1. (2) Act 20th April, 1818, sec, 4.31th April, 1798, sec. 1.-26th May, 1824, sec. 1.

(3) Ibid. sec. 1.-Act 30th April, 1798, sec. 2.

(4) Act 20th Feb. 1819.
(5) Act 7th Feb. 1815, sec. 1,

369. They shall, with the consent of the secretary of the navy, prepare such rules and regulations as shall be necessary for securing an uniformity in the several classes of vessels and their equipments, and for repairing and refitting them, and for securing responsibility in the subordinate officers and agents; which regulations when approved by the president, shall be respected and obeyed, until altered and revoked by the same authority; and the rules and regulations thus prepared and approved, shall be laid before congress at their next session.(1)

370. They shall, upon the requisition of the secretary of the navy, furnish all the estimates of expenditure which the several branches of the service may require, and such other information and statements, as he may deem necessary (1)

371. The officer of the board holding the oldest commission shall preside.(2)

372. Nothing in the act, constituting the board, shall be construed to take from the secretary of the navy his control and direction of the naval forces of the United States, as now by law possessed.(3)

373. The salary of the commissioners shall be three thousand five hun. dred dollars each, per annum, in lieu of wages, rations, and other emoluments as naval officers; of their secretary, two thousand dollars per an.

And all letters and packets to and from the said commissioners, which relate to their official duties, shall be free from postage.(4)





Of the Attorney General.

ART. 374. There shall be appointed a meet person, learned in the law, to act as attorney general of the United States, who shall be sworn or affirmed to a faithful execution of his office.(5)

375. His duty shall be to prosecute and conduct all suits in the supreme court, in which the United States shall be concerned, and give his advice upon questions of law, when required by the president, or when requested by the heads of any of the departments, touching any matters that may concern their departments (6)

376. His salary shall be four thousand dollars per annum.(7) See article


377. He shall be allowed one clerk, whose compensation shall not exceed one thousand dollars per annum.(8)

(1) Act 7th Feb. 1815, sec. 2.
(2) Ibid. sec. 3.
(3) Ibid. sec. 4.
(4) Act 7th Feb. 1815, sec. 1,3.

(5) Act Sept. 24th, 1789, sec. 35.
(6) Ibid.
(7) Act Feb. 20, 1819, sec. 1.
(8) Act 20th April, 1818, sec. 6.


Of District Attorneys.

Attorney in each judicial district, Attorney in each territory

379 oath-duty

378 Compensation of district attorneys 380

Art. 378. There shall be appointed in each judicial district, a meet per. son, learned in the law, to act as attorney for the United States, in such district, who shall be sworn or affirmed to the faithful execution of his office.(1)

His duty shall be to prosecute, in such district, all delinquents for crimes and offences cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned, except before the supreme court, in the district in which that court shall be holden.(2) See articles 252, 253, 254, 257, 298.

379. There shall be appointed in the respective territories of the United States, a person learned in the law, to act as an attorney of the United States, who shall, besides the usual fees of office, receive an annual salary of two hundred and fifty dollars, payable quarter yearly at the treasury.(3)

350. The district attorneys for the following districts shall be allowed the sum of two hundred dollars per annum, in full compensation for all extra services, viz. northern district of Alabama,(4) southern district of Alabama,(5) western district of Louisiana,(6) district of Missouri,(7) western district of Pennsylvania,(8) northern district of New York,(9) district of Illinois,(10) western district of Virginia,(11) district of Mississippi,(12) district of India ana,(13) district of Ohio,(14) east Tennessee,(15) west Tennessee, Kentucky, Georgia, eastern district of Virginia, district of Delaware, New Jersey, Connecticut, Rhode Island, Vermont, New Hampshire, Maine,(16) east, middle, west and south Florida :(17) and to the district attorney for North Carolina, four hundred dollars ; Arkansas and Michigan, two hundred and fifty dollars; for the eastern district of Louisiana, six hundred dollars per annum.(18)

The compensation to the attorney of each district shall be, for each day which he shall attend on business of the United States, during the session of any district or circuit court, five dollars; for travelling from his place of abode to such court, ten cents per mile; and such fees in each state respectively, as are allowed in the supreme court thereof: and in the district courts his fees shall be, for drawing interrogatories, five dollars ; for drawing and exhibiting libel, claim, or answer, six dollars; and for all other services in any one cause, six dollars.(19)

(1) Act 24th Sept. 1789, sec. 35. Act 25h April, 1802, sec. 13. See acts estab. Lshing the several district courts since


(2) Ibid. (3) Act Peb. 27th, 1813, sec. 1. (4) Act March 10, 1824. (5) Act April 21st, 1820. (6) Act March 3d, 1812. () Ibid. 16th, 1812. (8) Act May 15th, 1820.

(9) Ibid.
(10) Act March 3d, 1819.
(11) Act Feb. 4th, 1819.
(12) Act April 3d, 1818.
(13) Act March 3d, 1817.
(14) Act of Feb. 19th, 1803.
(15) Act April 29th, 1802.
(16) Act Feb. 29th, 1799.
(17) Act 16th March, 1822.
(18) Act April 8th, 1812.
(19) Act Feb. 28th, 1799, sec. 4.

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General post office established- treasurer

388 postmaster-general and assistants Receipts of treasurer-form of 389 -seal of office-how used-com- Payments on warrants of postmaspensation of officers 381 ter-general

390 Oath of persons in post office-lia- Accounts rendered-quarterly—to bility to punishment 382 auditor

391 Employees to have no perquisites 383

how kept

392 No person except postmaster-gene- Bonds and contracts to be made to

ral, &c. to set up post-penalty 384 and with U.S.-suits in the name Revenue of post office to be paid of U. S.

393 into treasury

385 Duties of attorneys of U. S. in rePostmaster-general to submit annu- lation thereto

394 ally to congress estimates of mo- Sums wrongfully paid to be recoverney required and report expend- ed by suit

395 itures

386 Persons employed in post office not Appropriation for expenditures 387 to be interested in contractsMoneys appropriated-how paid by penalty


Art. 381. There shall be established at the seat of government of the United States, a general post office, under the direction of a postmaster-general. He shall appoint three assistants, and such clerks as may be neces. sary for the performance of the business of his office, and as are authorized by law.*-He shall procure, and cause to be kept, a seal for such office, which shall be affixed to commissions of postmasters, and used to authenticate all transcripts and copies which may be required from the depart. ment.(1)

The compensation to the postmaster-general is six thousand dollars ; to the assistants, each two thousand five hundred dollars; to the chief clerk, two thousand dollars ; to the principal clerks, each one thousand six hundred dol. lars per annum.(2)

382. The postmaster-general, and all other persons employed in the general post office, or in the care, custody, or conveyance of the mail, shall, previously to entering upon the duties assigned to them, or the execution of their trusts, and before they shall be entitled to receive any emolument there. for, respectively, take and subscribe the following oath or affirmation, before some magistrate, and cause a certificate thereof to be filed in the general post office; “I, A. B. do swear or affirm, (as the case may be,) that I will faith. fully perform all the duties required of me, and abstain from every thing forbidden by the laws in relation to the establishment of the post office and post

(1) Act 3d March, 1825, sec. 1, cl. 1. Act 2 July, 1836, sec. 20.

(2) Act 20th Feb. 1819. 2d March, 1827. 2d July, 1836, sec. 43.

. By act of 2d July, 1836, sec. 20, one chief clerk, three principal clerks, thirtythree other clerks, one messenger and three assistant messengers.

roads within the United States." Every person who shall be, in any manner, employed in the care, custody, conveyance, or management of the mail, shall be subject to all pains, penalties and forfeitures, for violating the injunctions, or neglecting the duties required of him by the laws relating to the establishment of the post office and post roads, whether such person shall have taken the oath or affirmation above prescribed, or not.(1)

323. No fees or perquisites shall be received by any person employed in the general post office, on account of the duties to be performed by virtue of his appointment.(2)

384. No person, other than the postmaster-general, or his authorized agents, shall set up any foot or horse post, for the conveyance of letters and peckets, upon any post road, which is or may be established as such by law; and every person who shall offend herein, shall incur a penalty of not exceeding fifty dollars, for each letter or packet so carried.(3)

395. The revenues arising in the post office department, and all debts due to the same, shall, when collected, be paid, under the direction of the postmaster-general, into the treasury of the United States.(4)

356. The postmaster-general shall submit to congress at the next, and each succeeding annual session, specific estimates of the sums of money expected to be required for the service of the department in the subsequent year, commencing on the first day of July, under the following heads, viz. “Compensation of postmaster," Transportation of the mails," " Ship, steam-boat, and way letters,” “ Wrapping paper," " Office furniture," “ Advertising," " Mail bags,” “Blanks," " Mail locks, keys, and stamps, “Mail depredations, and special agents," « Clerks, for offices," and "Miscellaneous.” And the postmaster-general shall render an account to congress, at each succeeding annual session, of the amounts actually expended for each of the purposes above specified.(5)

337. The aggregate sum required for the service of the post office department,” in each year, shall be appropriated by law out of the revenue of the department, and all payments of the receipts of the post office department into the treasury, shall be to the credit of the said appropriation.(6)

3es. The sums appropriated for the service aforesaid shall be paid by the treasurer in the manner herein directed : Provided, That the compensation of postmasters, the expenses of post offices, and such other expenses of the department for which appropriations have been made, as may be incurred by postmasters, may be deducted out of the proceeds of their offices, under the direction of the postmaster-general : And provided, also, That all charges against the department by postmasters, on account of such expenses, shall be submitted for examination and settlement, to the auditor herein provided for ;* and that no such deduction shall be valid, unless the expenditure so deducted, be found to have been made in conformity to law : And provided, also, That the postmaster-general shall have power to transfer debts due on account of the department, by postmasters and others, in satisfaction of the legal demands for which appropriations have been made, of such contractors who may be creditors of the department, as shall have given bonds, with security, to refund any moneys that may come into their hands over

(1) Act 3d March, 1825, sec. 2. Act 2d July, 1836, sec. 20.

(2) Act 3d March, 1825, sec. 12.
(3) Act 2d March, 1827.

(4) Act 2d July, 1836, sec. 1.
(5) Ibid. sec. 2.
(6) Ibid. sec. 3.

* See supra article 222, &c.

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