26 March 1804. accounts whatever, in relation to the navy pension fund, and report from time to time, all such settlements, as shall have been made by him, for the inspection and revision of the accounting officers of the treasury, in the same manner as in other cases of public accounts. How accounts to be settled. Ibid. 24. Comptroller to sue for prize money. Ibid. 5. Secretary. 175. The comptroller of the treasury shall be fully authorized and empowered to direct suits for the recovery of any sums now due, or which may hereafter be due to the United States, for prizes as aforesaid; and to prosecute the same in the name of the United States, in the same manner as in other cases for the recovery of moneys due to the United States. 176. That the commissioners of the navy pension fund be and they are hereby authorized to appoint a secretary, who shall perform all such duties in relation to the fund as they shall require of him; and shall receive for his services a salary not exceeding two hundred and fifty dollars per annum, to be paid quarter-yearly at the treasury of the United States, and charged to the same fund. Ibid. 26. 177. That the commissioners of the navy pension fund be and they are hereby authoRegulations to be rized and directed to make such regulations, as may to them appear expedient, for the prescribed. admission of persons on the roll of navy pensioners, and for the payment of the pensions.(a) 16 April 1816 2 1. 3 Stat. 287 178. In all cases of prizes captured by the public armed ships of the United States, which shall be sold under the order of the proper prize court, by interlocutory or final Prize-money to decree, it shall be the duty of the marshal of the United States, making the sale, to pay be paid into the proceeds thereof into the registry of the proper court, (b) within thirty days after court. such sale shall be made and closed; and immediately upon the payment into the registry of the proceeds as aforesaid, it shall be the duty of the clerk of the court to deposit the same in some bank to be designated by the judge or judges of the court, subject to the order and distribution of the court as in other cases. And when the said prizes shall have been duly condemned, it shall be the duty of the court to direct the share of such prizes Share of United belonging to the United States, to be forthwith carried in the account with such bank, to the credit of the treasurer of the United States, on account of the navy pension fund; and copies of the certificate of such deposit and credit shall be thereupon transmitted to the treasurer of the United States and to the secretary of the navy, as soon as may be, by the clerk of such court. And the share of such prizes belonging to the captors, deposited as aforesaid, shall be paid over to the parties entitled, or to their authorized agent or agents, upon the order of the proper court in term, or of the judge or judges of such court in vacation. States to be credited to the navy pension fund. Payment to captors. Ibid. & 2. Accounts of ehals. 179. It shall be the duty of the marshals of the several districts of the United States, and of the clerks of the respective courts of the United States, to state and settle their clerks and mar respective accounts in all cases of prizes captured as aforesaid, specifying therein all costs and charges taxed, claimed and paid by them; and to submit the same to the proper court, having cognisance thereof, for examination and allowance, within sixty days after a final adjudication of such causes, unless a different time shall be assigned by such court. And thereupon such courts in term, or any judge thereof in vacation, may proceed summarily to hear, examine and allow the same accounts; and, after such allowance, one copy of the same accounts shall be filed among the records of the court, and another copy shall be transmitted by the clerk of the court to the secretary of the navy, within thirty days after the allowance thereof. Ibid. 3. District attorney 180. It shall be the duty of the district attorneys, of the respective districts of the United States, to transmit to the secretary of the navy, a statement of all prizes captured to transmit state- as aforesaid, which shall be libelled, condemned or restored at each term of the district and circuit courts, within their respective districts, as soon as may be after the conclusion of each term ; and to accompany such list with a schedule and invoice of the various articles composing the cargoes of such prizes. ment to secre tary. Ibid. 2 4. diction over clerks and mar shals. 181. The respective courts of the United States, before whom a libel against any prizes Summary juris captured as aforesaid, shall be pending, or by whom a decree of condemnation and distribution of such prizes shall have been awarded, shall have full power and authority, in the exercise of their admiralty and maritime jurisdiction, to issue a monition, and other proper process, to compel the marshal and clerk to perform and obey the requisitions of this act; and upon the complaint of the United States or any person interested in the premises, summarily to hear and examine the same, and to make such award, order and Penalty for neg- decree therein, as to justice and law shall appertain. And if the marshal or clerk shall lect of duty. wilfully refuse, or unreasonably neglect to perform and obey any of the requisitions of this act, the party so refusing or neglecting shall further forfeit and pay to the United States the sum of five hundred dollars, for every such refusal or neglect. (a) This does not authorize the enactment of a statute of limitations. 5 Opin. 62, 73. XIII. NAVY CONTRACTS. (a) 5 Stat. 617. furnished by con 182. All provisions and clothing, hemp and other materials of every name and nature, 3 March 1843 3 L. for the use of the navy, and the transportation thereof, when time will permit,(b) shall hereafter be furnished by contract by the lowest bidder, (c) as follows: the secretary of All supplies to be the navy shall advertise, once a week, for at least four weeks, (d) in one or more of the tract. principal papers published in the place where such articles are to be furnished, (e) for sealed proposals for furnishing such articles, or the whole of any particular class of articles; specifying in such advertisement the amount, quantity and description of each kind Advertisements. cf articles to be furnished; (g) and all such proposals shall be kept sealed until the day Proposals. specified in such advertisement for opening the same, when they shall be opened by or under the direction of the officer making such advertisement, in the presence of at least two persons. And the person offering to furnish any class of such articles, and giving Security. satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for furnishing the same; and in case the lowest bidder shall fail to enter into such contract and give such security within a reasonable time, to be fixed in such advertisement, then the contract shall be given to the next lowest bidder, who shall enter into such contract and give such security.(h) And all such bids or proposals shall be preserved, and recorded, and reported Abstract to be to congress at the commencement of every regular session; and the same shall contain a true and faithful abstract of all offers made, embracing as well those which are rejected as those which are accepted; the said abstract shall embrace the names of the party or parties offering, the terms proposed, the sums demanded and the length of time the agreement is to continue. And in case of a failure to supply the articles, or to perform the work, by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name Forfeiture. of the United States, in any court having jurisdiction thereof. laid before con gress. 5 Stat. 794. ordnance, gun 183. That so much of the proviso to the act of 3d March 1843, entitled "An act 3 March 1845 3 3. making appropriations for the naval service for the half calendar year, beginning the 1st of January and ending the 30th day of June 1843, and for the fiscal year, beginning the Not to apply to 1st of July 1843, and ending the 30th day of June 1844," as requires that provisions, powder, mediand all other materials of every name and nature, for the use of the navy, to be fur- cines or supplies en foreign stanished by contract, with the lowest bidder, after advertisement, shall be and the same is tions. hereby so far modified, that it shall not apply to ordnance, gunpowder, medicines or the supplies which it may be necessary to purchase out of the United States, for vessels on foreign stations. 9 Stat. 101. guarantee. with others. 184. Every proposal for naval supplies invited by the secretary of the navy, under the 10 Aug. 1846 2 6. proviso to the general appropriation bill for the navy, approved March 3d 1843, shall be accompanied by a written guarantee, signed by one or more responsible persons, to Proposals to be the effect that he or they undertake that the bidder or bidders will, if his or their bid be accompanied by accepted, enter into an obligation, in such time as may be prescribed by the secretary of the navy, with good and sufficient sureties, to furnish the supplies proposed. No proposal shall be considered, unless accompanied by such guarantee. If, after the accept- On failure, conance of a proposal, and a notification thereof to the bidder or bidders, he or they shall tret to be made fail to enter into an obligation within the time prescribed by the secretary of the navy, with good and sufficient sureties, for furnishing the supplies, then the secretary of the navy shall proceed to contract with some other person or persons for furnishing the said supplies; and shall forthwith cause the difference between the amount contained in the And guarantors proposal so guarantied, and the amount for which he may have contracted for furnishing the said supplies, for the whole period of the proposal, to be charged up against said bidder or bidders, and his or their guarantor or guarantors; and the same may be immediately recovered by the United States, for the use of the navy department, in an action of debt against either or all of said persons. to be sued. 9 Stat. 172. 185. That so much of the proviso of the act of 3d of March 1843, entitled "An act 3 March 1847 making appropriations for the naval service for the half calendar year beginning the 1st of January and ending the 30th day of June 1844,” as requires that provisions and all Contracts for but other materials of every name and nature, for the use of the navy, be furnished by con- and things con tract with the lowest bidder, after advertisement, shall be and the same is hereby so far modified, that it shall not apply to butter or cheese destined for the use of our navy, or things contraband of war. And it shall be lawful that contracts for those articles for ter and cheese, traband of war. 8 March 1847. the use of the navy be made, as heretofore, for periods longer than one year, if, in the opinion of the secretary of the navy, economy and the quality of the ration will be promoted thereby. 3 Aug. 1848 bacco. 11. 186. That so much of the proviso of the act of 3d of March 1843, entitled "An act making appropriations for the naval service for the half calendar year beginning the 1st Contracts for to- of January and ending the 30th of June 1844," &c., as requires that materials of every name and nature for the use of the navy, be furnished by contract with the lowest bidder, be and the same is hereby so far modified, that it shall be lawful for the secretary of the navy, hereafter, to enter into contract for tobacco, from time to time, as the service requires, for a period not exceeding four years. And in making such contracts, he shall not be restricted to the lowest bidder, unless, in his opinion, economy and the best interests of the service will be thereby promoted. 28 Sept. 1850 ? 1. 9 Stat. 513. Time of advertising. Preference to be given to home productions. 187. That so much of the "Act making appropriations for the naval service for the half calendar year beginning the first day of January, and ending the 30th day of June 1843, and for the fiscal year beginning the first day of July 1843, and ending the 30th day of June 1844," approved the 3d March 1843, as requires the secretary of the navy to advertise once a week, for at least four weeks, for proposals for the transportation of supplies for the use of the navy, be and the same hereby is repealed; and that hereafter such advertisements shall be made for a period of not less than five days. 188. The secretary of the navy is hereby directed, in making contracts and purchases of articles for naval purposes, to give the preference, all other things (including price and quality) being equal, to articles of the growth, production and manufacture of the United States. And in the article of fuel for the navy, or naval stations and yards, the secretary of the navy shall have power to discriminate and purchase, in such manner Supplies of fuel. as he may deem proper, that kind of fuel which is best adapted to the purpose for which it is to be used. 27 March 1854. 10 Stat. 592. In what cases bids to be reject ed. Purchases of flour. 5 Aug. 1854 21. 10 Stat. 585. 189. All bids for supplies of provisions, clothing and small stores for the use of the navy may be rejected, at the option of the department, if made by one who is not known as a manufacturer of, or regular dealer in, the article proposed to be furnished; which fact, or the reverse, must be distinctly stated in the bids offered. The bids of all persons who may have failed to comply with the conditions of any contracts they may have previously entered into with the United States, shall, at the option of the department, be rejected. If more than one bid be offered for the supply of an article on account of any one party, either in his own name, or in the name of his partner, clerk or any other person, the whole of such bids shall be rejected at the option of the departAnd copartners of any firm shall not be received as sureties for each other. And whenever it may be deemed necessary for the interest of the government and the health of the crews of the United States vessels, to procure particular brands of flour, which are known to keep best on distant stations, the bureau of provisions and clothing, with the approbation of the secretary of the navy, be and hereby is authorized to procure the same on the best terms, in market overt. ment. 190. That the law approved 3d March 1843, directing advertisements for materials for the navy, be and is hereby so far modified, as to require the classes only of materials How contracts to to be stated in the advertisements, and bidders to be referred to the several navy agents, and chiefs of bureaus, who will furnish them with printed schedules, giving a full description of each and every article, with dates of delivery, &c. be advertised. 18 Feb. 1843. 6 Stat. 648. XIV. PURCHASE OF HEMP. 191. That the secretary of the navy be and he is hereby authorized to establish an agency in the state of Kentucky, and an agency in the state of Missouri, for the inspecAgencies for pur- tion, test and purchase of water-rotted hemp for the use of the American navy: Provided, That domestic hemp shall not cost more than foreign hemp of the same quality in the seaport towns of the United States. chase of hemp. 17 June 1844 § 2. 5 Stat. 703. 8 March 1851 21. 9 Stat. 621. 15 Dec. 1814 1. 3 Stat. 151. 192. No further purchases of foreign hemp shall be made for the navy of the United States, except so far as a supply of American hemp of proper quality and at as cheap a price cannot be obtained. 193. The secretary of the navy shall hereafter purchase for the use of the navy, in open market, (a) if to be procured, American hemp of a quality equal to the best foreign article. XV. MISCELLANEOUS PROVISIONS. 194. It shall be the duty of the several officers of the staff of the army of the United States, to provide the officers, seamen and marines of the navy of the United States, when acting, or proceeding to act on shore, in co-operation with the land troops, upon with rations, &c., the requisition of the commanding naval or marine officer of any such detachment of To be supplied (a) See 6 Opin. 40, 99. seamen or marines, under orders to act as aforesaid, with rations, also the officers and 15 Dec. 1814. seamen with camp equipage, according to the relative rank and station of each, and the whilst acting on military regulations in like cases, together with the necessary transportation, as well for shore. the men as for their baggage, provisions and cannon: Provided nevertheless, That the contract price of the rations which may be furnished, shall be reimbursed out of the appropriations for the support of the navy. Ibid. 2. Horses, accoutre 195. The respective quartermasters of the army shall, upon the requisition of the commanding naval officer of any such detachment of seamen or marines, furnish the said officer and his necessary aids with horses, accoutrements and forage, during the ments and forage. time they may be employed in co-operating with the land troops as aforesaid. 5 Stat. 700. 196. The secretary of the navy shall order a competent commissioned or warrant officer 17 June 1844 & 1. of the navy, to take charge of the naval stores for foreign squadrons, in the place of naval storekeepers, at each of the foreign ports where said stores may be deposited and where Storekeepers in foreign parts. a storekeeper is necessary: Provided, That said officers shall be required to give a bond, in such amount as may be fixed by the secretary of the navy, for the faithful performance of his duty: And provided also, That the annual compensation for all his services, except travelling, shall not exceed fifteen hundred dollars. Ibid. 24. 197. No person shall be employed or continued abroad, to receive and pay money for the use of the naval service on foreign stations, whether under contract or otherwise, or All disbursing to perform the duties usually performed by navy agents, who has not been or shall not agents to be conbe appointed by and with the advice and consent of the senate. firmed by the senate. 5 Stat. 794. 198. Naval constructors may be required to perform duty at any navy yard or other 3 March 1845 2 2 station; and, when so ordered, shall be entitled to the same allowance for travel which is made to officers of the navy. 9 Stat. 172. When citizens may be appointed 199. That the act of June 17, 1844, entitled "An act making appropriations for the 3 March 1847 23. naval service for the fiscal year ending the 30th day of June 1845," which directs "that the secretary of the navy shall order a competent commissioned or warrant officer of the navy to take charge of the naval stores for foreign squadrons, in place of naval store-storekeepers in foreign stations. keepers, at each of the foreign ports where said stores may be deposited, and where a storekeeper, is necessary," be and the same is hereby so far modified, as to authorize the selection and appointment of citizens, other than naval officers, to be storekeepers on foreign stations, when suitable naval officers cannot be ordered on such service, or when, in the opinion of the secretary of the navy, the public interest will be promoted thereby. Persons so selected and appointed to receive the same compensation as now allowed, and to enter into bond with security, as is required by law of officers of the navy performing said service. 9 Stat. 265, of Naval Observa 200. For the pay of the superintendent of the Naval Observatory at Washington city, 3 Aug. 1849 3 1. who shall be a captain, commander or lieutenant in the navy, three thousand dollars, which shall be the salary per annum of said superintendent. And the provision in the Superintendent act entitled "An act making appropriations for the naval service for the year ending the tory. 30th of June 1848," which is in these words, viz.: "including three thousand dollars for pay of the superintendent, who shall be either a captain, commander or lieutenant in the navy," shall be construed to apply to the superintendent of said Naval Observatory, and shall take effect from and after the passage of that act. 9 Stat. 375. 201. That a competent officer of the navy, not below the grade of lieutenant, be charged 3 March 1849 & 1 with the duty of preparing the Nautical Almanac for publication. (a) And the secretary of the navy may, when, in his opinion, the interests of navigation would be promoted Preparation of thereby, cause any nautical works that may, from time to time, be published by the hydrographical office, to be sold at cost, and the proceeds arising therefrom to be placed in the treasury of the United States. Nautical Almanac. Ibid. 2. 202. That the secretary of the navy be directed to detail three suitable vessels of the navy in testing new routes and perfecting the discoveries made by Lieutenant Maury in New routes, &c., the course of his investigations of the winds and currents of the ocean; and to cause to be tested. the vessels of the navy to co-operate in procuring materials for such investigations, in so far as said co-operation may not be incompatible with the public interests: Provided, That the same can be accomplished without any additional expense. Ibid. 23. 203. That the secretary of war be and he is hereby authorized and directed, in conformity with the recommendation contained in his annual report, to transfer to the navy Certain vessels to department such vessels now belonging to the war department as in his judgment, will be transferred to the navy departpromote the public interests. ment. 204. Every disbursement of public moneys, or disposal of public stores, made by order 3 March 1849. § 2. of any commanding officer of the navy, which shall be objected to by the accounting (a) By act 3 March 1857. it is made lawful for the secretary to place the supervision of the compilation and publication of the Nautical Almanac, in charge of any officer or professor of mathematics, of the navy, of competent qualifications: provided, that 9 Stat. 419. such officer or professor, when so employed, shall receive no higher pay than the duty pay to which his grade shall entitle him. 11 Stat. 246. 3 March 1849. officers of the treasury, in the settlement of the accounts of any disbursing officer, shall, Commanding offi- nevertheless, be allowed to such disbursing officer; and the commanding officer, by whose cers to be charged order such disbursement or disposal was made, shall be held accountable for the same: Provided, That satisfactory evidence of such order, and of the payment of public moneys or disposal of public stores, under the same, shall be produced. with disburse ments. 1. Duties of secretary of the navy. 2. Clerks. 3. Bureaus in the navy department. 4. Chiefs of bureaus. 5. Appointment of clerks, &c. 6. Duties of the several bureaus. 7. Messengers. 8. Franking privilege. 80 April 1798 1. 1 Stat. 553. Navy Department. [See DEPARTMENTS.] &c. 9. Records and papers. 10. Officers may be appointed to clerkships. 12. Pay of captain, when chief of bureau of construction, &c. 1. 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 Duties of secre- duty it shall be to execute such orders as he shall receive from the president of the tary of the navy. United States, 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. (a) Ibid. 2. Clerks. 31 Aug. 1842 5 Stat. 579. Bureaus in the navy depart ment. Ibid. 3. 2. 2. A principal clerk and such other clerks as he shall think necessary,(b) shall be appointed by the secretary of the navy; who shall be employed in such manner as he shall deem most expedient. In case of vacancy in the office of the secretary, by removal or otherwise, it shall be the duty of the principal clerk to take the charge and custody of all the books, records and documents of the said office. 3. There shall be attached to the navy department the following bureaus, to wit: (c) I. A bureau of navy yards and docks. II. A bureau of construction, equipment and repairs. III. A bureau of provisions and clothing. IV. A bureau of ordnance and hydrography. V. A bureau of medicine and surgery. 4. The president of the United States, by and with the advice and consent of the Chiefs of bureaus. senate, shall appoint from the captains in the naval service, a chief for each of the bureaus of navy yards and docks, and of ordnance and hydrography, who shall each receive a salary of three thousand five hundred dollars per annum, in lieu of all other compensation whatever in the naval service. And shall, in like manner, appoint a chief of the bureau of construction, equipment and repairs, who shall be a skilful naval constructor; and shall also appoint a chief of the bureau of provisions and clothing; who shall each receive for his services three thousand dollars per annum. And shall, in like manner, appoint from the surgeons of the navy a chief of the bureau of medicine and surgery, who shall receive for his services two thousand five hundred dollars per annum. 5. The secretary of the navy shall appoint the following clerks, to wit: Ibid. 24. Appointment of clerks, &c. For the office of the secretary of the navy, a chief clerk, who shall receive for his services two thousand dollars per annum; (d) [one warrant clerk, who shall receive for his services twelve hundred dollars per annum; and one miscellaneous clerk, who shal receive for his services eight hundred dollars per annum.](e) For the bureau of navy yards and docks, one civil engineer, who shall receive for his services two thousand dollars per annum; one draughtsman, who shall receive for his services one thousand dollars per annum; [one chief clerk, who shall receive for his services one thousand four hundred dollars per annum ; and two assistant clerks, one of whom shall receive for his services one thousand dollars per annum, and the other shall receive for his services eight hundred dollars per annum.](e) For the bureau of construction, equipment and repairs, one assistant constructor and draughtsman, who shall receive for his services the sum of one thousand six hundred dollars per annum. For the bureau of ordnance and hydrography, one draughtsman, who shall receive for his services one thousand dollars per annum. (a) The official duties of the heads of executive departments are not merely ministerial; they involve the exercise of judg ment and discretion. Decatur v. Paulding, 14 Pet. 515. Brashear v. Mason, 6 How. 101-2. (b) See tit. "Clerks," 9. (c) This act repealed that of 7 February 1815, constituting the board of navy commissioners, and provided for the establishment of five bureaus; but it did not require any more or different |