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2 March 1799. gansett Bay, as far as the most southerly part of Warwick Neck, and from thence, nearly a north-east course, to the south end of Rumstick Point, at high water mark; and shall include the several towns, harbors and landing places at Westerly, Charleston, South Kingston, North Kingston, East Greenwich and all that part of Warwick southward of Warwick Neck; and also the towns, harbors and landing places of Barrington, [Warren, Bristol,] (a) Tiverton, (b) Little Compton and all the towns, harbors and landing places of the island of Rhode Island, Jamestown, Prudence, New Shoreham and every other island and place within the said state southward of Warwick Neck and Rumstick Point 6. The district of Providence shall comprehend all the waters, shores, bays, harbors, creeks and inlets within the state of Rhode Island, northward of a line running nearly a north-east course from the south end of Warwick Neck to the south end of Rumstick Point at high water mark, including only the waters bounded by the east and west shores of said Rumstick Point and Warwick Neck, leading up the bay of the port of Providence.

District of Providence.

Ports of entry and delivery.

25 Feb. 1801

2 Stat. 101.

1.

7. The town of Newport shall be the sole port of entry in the said district of Newport; and a collector, naval officer and surveyor for the district shall be appointed, to reside at the said town of Newport. And North Kingston, East Greenwich, Barrington, Warren, Bristol and Pawcatuck River, in Westerly, shall be ports of delivery only; and a surveyor shall be appointed, to reside at each of the ports of North Kingston, East Greenwich, Warren, Bristol (c) and Pawcatuck River; and the surveyor to reside at Warren, shall be surveyor for the port of Barrington. (d) The town of Providence shall be the sole port of entry in the said district of Providence; and Patuxet, in the same district, shall be a port of delivery only; and a collector, naval officer and surveyor shall be appointed, to reside at Providence; and a surveyor shall be appointed, to reside at Patuxet.

8. The towns of Bristol, Warren and Barrington, in the state of Rhode Island and Providence Plantations, and all the shores and waters around the same, within the fol District of Bristol. lowing limits, viz.: a line beginning at the middle of the bay, between Mount Hope and Common Fence Point, running south-westerly through the middle of Bristol Ferry, and continuing such course until it strikes a point of equal distance from Rhode Island to Prudence Island, from thence, northwardly, on a straight line to the westernmost part of Nahant Point, and from thence to the western shore of Bullock's Point, shall be a district to be called the district of Bristol, of which the port of Bristol shall be the sole port of entry; and a collector for said district shall be appointed, to reside at Bristol. And Warren and Barrington shall be ports of delivery only; and a surveyor shall be appointed to reside at each of the ports of Bristol and Warren; and the surveyor at Warren shall also be surveyor for the port of Barrington.

Ibid. 22.

17 April 1822

3 Stat. 662.

Bristol to be

1.

called Bristol and Warren.

29 July 1850 1. 9 Stat. 442.

9. Said port of Bristol shall also be a port of entry for all ships or vessels arriving from the Cape of Good Hope, or places beyond the same.

10. The district of Bristol, as described in the act entitled "An act to establish the district of Bristol, and to annex the towns of Kittery and Berwick to the district of Portsmouth," passed February 25th 1801, shall be called and known by the name of the district of Bristol and Warren. And Bristol and Warren shall thereafter be considered as one port of entry, and shall possess all the rights and privileges which now belong to the port of Bristol.

11. So much of the waters of the Narragansett Bay, and the shores, bays, harbors, creeks and inlets in the state of Rhode Island and Providence Plantations, as are within District of Provi- the county of Kent, including the port of East Greenwich, and that part of Warwick lying upon Greenwich Bay, is hereby taken from the collection district of Newport, in said state, and attached to and made part of the collection district of Providence.

dence enlarged.

(a) See infra, 8.

(b) By act 9 August 1842, part of the town of Tiverton, in Rhode Island, is annexed to the collection district of Fall River, in Massachusetts. 5 Stat. 504.

(c) See infra, 8.

(d) By act 3 March 1803 & 2, Tiverton is made a port of delivery; and a surveyor is to be appointed therefor, who shall receive a salary of $200 in addition to the fees and emoluments allowed by

law. 2 Stat. 228.

Rivers.

1 Navigable rivers, south of Tennessee, to be public highways. 2. In the Indiana territory.

3. In the territories of Orleans and I ouisiana.
4. In Florida.

1. All navigable rivers within the territory of the United States, south of the state of 3 March 1803 § 17. Tennessee, shall be deemed to be and remain public highways.

2 Stat. 236.

2. All the navigable rivers, creeks and waters, within the Indiana territory, shall be 26 March 1804 & deemed to be and remain public highways.

2 Stat. 279.

3. All the navigable rivers and waters in the territories of Orleans and Louisiana shal' 3 March 1811 & 12. be and for ever remain public highways.(a)

2 Stat. 666.

4. All the navigable rivers and waters in the districts of East and West Florida shall March 1823 12 be and for ever remain public highways.

8 Stat. 756.

Roads and Canals.

1. Routes of national importance to be surveyed.

2. Engineers to be employed.

4 Stat. 22.

1. The president of the United States is hereby authorized to cause the necessary 30 April 1824 31 surveys, plans and estimates, to be made of the routes of such roads and canals as he may deem of national importance, in a commercial or military point of view, or neces-Routes of national importsary for the transportation of the public mail; designating, in the case of each canal, ance to be sur what parts may be made capable of sloop navigation. The surveys, plans and estimates, veyed. for each, when completed, to be laid before congress.

Ibid. 22.

Engineers to be

2. That to carry into effect the objects of this act, the president be and he is hereby authorized to employ [two or more skilful civil engineers,(b) and] such officers of the corps of engineers, or who may be detailed to do duty with that corps, as he may think proper; employed. and the sum of thirty thousand dollars be and the same is hereby appropriated to be paid out of any moneys in the treasury, not otherwise appropriated.

(a) By act 8 April 1812, providing for the admission of the state of Louisiana into the Union, it was made an express condition that the river Mississippi, and the navigable rivers and waters leading into the same, and into the Gulf of Mexico, shall be common highways, and for ever free, as well to the inhabitants of the said

state as to the inhabitants of other states, and the territories of the United States, without any tax, duty, impost, or toll therefor, imposed by the said state. 2 Stat. 703.

(b) The authority to employ civil engineers hereby given, is repealed by act 5 July 1838 2 6. 5 Stat. 257.

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6. Translator and librarian in state department.

7. Disbursing agent in state department.

8. Assistant messenger.

9. Assistant messenger in first comptroller's office.

10. Messengers in pension office.

11. Messenger in office of Indian affairs.

12. Superintendent and watchmen in state department.

13. Messenger in treasury department.

14. Superintendent and watchmen.

15. Messenger in office of commanding general.

16. In office of adjutant-general.

17. In pension office.

18. In office of chief engineer.

19. In office of surgeon-general.

20. In office of colonel of ordnance.

21. In bureau of topographical engineers.

22. Superintendent and watchmen of north-west executive building.

23. Superintendent and watchmen of south-west executive building.

24. Messenger in attorney general's office.

25. Watchman.

26. Stamp and blank agents in post office. Addition of 20 per cent. to pay of certain officers.

27. Messengers in executive departments. Pay of laborers. II. JUDICIAL DEPARTMENT.

28. Judges of the supreme court.

29. Messenger.

30-1. Judges of the district courts.

III. LEGISLATIVE DEPARTMENT.

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40. No officer to receive any extra compensation. Allowance for newspapers, &c., limited.

41. No extra compensation, without special appropriation. 42. No allowance to be made for discharging the duties of another officer, &c.

43. No person to receive pay for two offices, except, &c. 44. Officers to receive no pay as government witnesses. 45. Ministerial officers to be allowed for extraordinary expenses in executing the laws.

46. No officer receiving $2500 per annum to be allowed pay of another office.

18 Feb. 1793 21. 1 Stat. 318.

President's salary.

3 March 857 2. 11 Stat. 228.

President's private secretary. Steward.

Messenger.

3 March 1853 24. 10 Stat. 212.

30 April 1816 2 1. 3 Stat. 333.

22 April 1854 3. 10 Stat. 276.

9 May 1836 1. 5 Stat. 26.

Messengers.

26 Aug. 1842 21. 5 Stat. 523.

I. EXECUTIVE DEPARTMENT.

1. The compensation of the president of the United States shall be at the rate of twenty-five thousand dollars per annum, with the use of the furniture and other effects belonging to the United States, and now in the possession of the president; [and that of the vice president, at the rate of five thousand dollars per annum,] in full for their respective services; to be paid quarter-yearly at the treasury.

2. That the president of the United States be and he is hereby authorized to appoint or employ, in his official household, the following officers, to wit: one private secretary at an annual salary of two thousand five hundred dollars; one steward at an annual salary of twelve hundred dollars, who shall, under the direction of the president, have charge of and be responsible for the plate and furniture of the president's mansion, and shall discharge such other duties as the president may assign him; and one messenger at an annual salary of nine hundred dollars.

3. The annual compensation of the vice president, secretaries of state, treasury, war, navy and interior, and the postmaster and attorney-general, shall be eight thousand dollars each.

4. That there be allowed and paid to the register of the treasury for his annual salary, from the first of January 1816, the sum of three thousand dollars.

5. Instead of the salaries now allowed by law to the superintendent of the census, and to the assistant postmasters-general, they shall each receive the same salary that is paid to the assistant secretary of the treasury.(a)

6. The translator of foreign languages and the librarian in the department of state shall receive a salary of sixteen hundred dollars.

7. That the disbursing agent in said department be allowed a salary of fourteen hundred and fifty dollars.(b)

8. That the assistant messenger in said department be allowed the sum of six hundred and fifty dollars.

9. That the assistant messenger in the first comptroller's office be allowed the annual compensation of five hundred dollars.

10. For the employment of clerks (c) and messengers for the office of the commissioner of pensions, in addition to those authorized by law, twelve thousand two hundred dollars. 11. That the annual compensation of the messenger in the office of the commissioner

of Indian affairs be seven hundred dollars.

12. It shall be lawful for the respective heads of the departments of the general government to employ or appoint the officers and persons hereinafter mentioned, (d) in addition Superintendent to those already provided by law, in the offices, bureaus and places connected with their and watchmen in state departseveral departments, and at the following annual salaries, that is to say: In the Department of State. One superintendent of the north-east executive building, at two hundred and fifty dollars, and three watchmen, at three hundred and sixty-five dollars each. 13. In the Treasury Department.—In the first comptroller's office, one assistant messenger, at three hundred and fifty dollars.

ment.

Messenger in

treasury depart

ment.

Superintendent

and watchmen.

Messengers in war department.

Messengers in pension office.

Office of surgeon general.

Topographical engineers.

Superintendents.

14. One superintendent of the south-east executive building, at five hundred dollars, and eight watchmen, at three hundred and sixty-five dollars each.

15. In the War Department.—In the office of the commanding general, one messenger, at five hundred dollars.

16. In the office of the adjutant-general, one messenger, at five hundred dollars. 17. In the office of the commissioner of pensions, one messenger, at seven hundred dollars, until the first day of January next, after which time there shall be two messengers only in said office, at a compensation of five hundred dollars each.

18. In the office of the chief engineer, one messenger at five hundred dollars. 19. In the office of the surgeon-general, one clerk, at one thousand one hundred and fifty dollars, and one messenger at five hundred dollars.

20. In the office of the colonel of ordnance, one messenger at five hundred dollars.(e) 21. In the bureau of topographical engineers, [two clerks, (g) each one thousand, one at one thousand four hundred, and] one messenger at five hundred dollars.

22. One superintendent of the north-west executive building, at two hundred and fifty dollars, and four watchmen, at three hundred and sixty-five dollars each.

23. One superintendent of the south-west executive building, at two hundred and fifty dollars, and three watchmen, at three hundred and sixty-five dollars each. 24. In the Office of the Attorney-General.-One messenger, five hundred dollars.(h)

(a) By act 3 March 1819 13, the salary of the assistant secretary of the treasury is $3000 per annum. 9 Stat. 396. (b) See tit." Clerks." 17.

(c) See tit. "Clerks," 10.

(d) The 6th section legalized these offices, and the heads of departments were authorized to fill the same until 1 July 1844. They were continued by acts 17 June 1841 3, 5 Stat. 694; and 10 August 1846 2 3, 9 Stat. 96, until 1854.

(e) By act 28 September 1850, the principal assistant in the ordnance bureau shall receive a compensation not less than that of the person employed at the foundries under the 5th section of the act 23 August 1842. 9 Stat. 506. See tit. "Army," 84. (g) See tit. "Clerks," 8.

(h) Increased to $750, by act 30 September 1850. 9 Stat. 532. But see infra, 27.

25. And the compensation of the watchmen, in the various departments of government, 30 Sept. 1850 3 2. shall be five hundred dollars per annum.( m.(a)

9 Stat. 543.

10 Stat. 276.

office.

26. That the stamp and blank agent for the post office department receive the same salary 23 April 1854 ? 2. as clerks of the second class, provided for in the first section of this act. And an addition of twenty per cent. is hereby added to the pay now authorized by law to each of the Stamp and blank messengers, packers, laborers and watchmen of the different executive departments of agents in post the government in Washington; to the clerks employed at the navy yard and marine barracks at Washington; to the clerk, messenger and laborer in the office of commis- Addition of 20 per cent. to pay sioner of public buildings, doorkeeper and assistant doorkeeper at the executive man- of certain officers. sion; public gardener, laborers employed in the public grounds and president's garden; two additional watchmen and the police at the capitol; watchmen employed at the president's house and reservation number two, lamplighter, the general superintendent; the drawkeepers of the bridges across the Eastern Branch and Potomac. And that the provisions of the second section of the act of August 31st 1852, "making appropriations for the civil and diplomatic expenses of the government for the year ending the 30th of June 1853," &c., be and is hereby extended to such persons herein enumerated who were in employment during the fiscal year, and were excluded from the benefit of said act by the decision of the comptroller of the treasury.(b)

11 Stat. 145.

sengers in exe

27. Instead of the compensation now allowed by law, there shall be one principal 18 Aug. 1856 3 1. messenger in each of the offices of the secretaries of state, treasury, interior, war and navy, postmaster-general and attorney-general, at an annual salary of nine hundred Salaries of mesdollars; and one principal messenger in each of the bureaus of the several executive cutive departdepartments, at an annual salary of eight hundred and forty dollars each; and all other ments. messengers or assistant messengers, now authorized by law to be employed in said departments, shall receive an annual salary of seven hundred dollars; and all laborers Pay of laborers. in the employment of the government, in the executive departments and on the public grounds, in the city of Washington, shall receive an annual salary of six hundred dollars each, from and after the first day of July 1856.

II. JUDICIAL DEPARTMENT.

28. The annual salaries of the several justices of the supreme court of the United 3 March 1855 ? 1. States, shall be as follows, to wit:

Of the chief justice of the supreme court, six thousand five hundred dollars.

Of the associate justices of the supreme court, six thousand dollars each.

10 Stat. 655. Judges of the

supreme court.

29. And hereafter the messengers attending the supreme court, be allowed the sum Messengers. of three dollars per day each during their attendance, commencing with the present term of the court; and that the marshal of the District of Columbia pay the same out of any moneys of the United States in his hands.

10 Stat. 608.

30. The judges of the district courts of the United States shall receive as compensa- 17 Feb. 1855 ? 1. tion for their services, the following yearly salaries, to be paid quarterly from the treasury of the United States, to wit:

The judges of the districts of the states of Maine, New Hampshire, Vermont, Rhode Island, Connecticut, Delaware, New Jersey, Iowa [and Wisconsin,] two thousand dollars. The judge of the northern district of Florida, two thousand two hundred and fifty dollars.

The judges of the western district of Virginia, North Carolina, eastern, western and middle districts of Tennessee, northern and southern districts of Mississippi, western district of Pennsylvania, western district of Louisiana, Texas, Kentucky, Ohio, Indiana, Missouri, eastern and western districts of Arkansas, Illinois and Michigan, two thousand five hundred dollars.

The judges of the districts of Georgia, South Carolina, eastern district of Virginia, northern district of New York, northern and southern districts of Alabama, two thousand seven hundred and fifty dollars.

The judges of the districts of Maryland, Massachusetts, eastern district of Pennsylvania, southern district of Florida and southern district of California, three thousand Collars.

The judge of the eastern district of Louisiana, three thousand five hundred dollars. The judge of the southern district of New York, three thousand seven hundred and fifty dollars.

The judge of the northern district of California, five thousand dollars.

Judges of the district courts.

31. The annual salary of the judge of the United States for the northern district of 3 March 1857 1 Illinois shall hereafter Le three thousand five hundred dollars.

The annual salary of the district judge of the United States for the district of Wisconsin shall hereafter be twenty-five hundred dollars.

(a) To include the watchmen of the navy yard at Washington, by act 3 March 1851 7. 9 Stat. C18.

11 Stat. 217.

(b) 10 Stat. 97. By act 3 March 1855 3 10, this is to include the principal clerk in the National Observatory. 10 Stat. 670.

3 March 1857.

18 April 1818 21. 3 Stat. 431. Secretary and clerks.

4 Aug. 1854 27. 10 Stat. 572.

Librarians, &c.

Ibid. 12.

Chaplains.

3 March 1857. 11 Stat. 255.

How chaplains salaries payable.

10 April 1806 2 2. 2 Stat. 375.

Sergeants-at

arms and door

ke pers.

Ibid. 3.

The salary of the judge of the United States district court for the district of Michigan, shall be three thousand dollars per annum from and after the passage of this act.

III. LEGISLATIVE DEPARTMENT.

32. The secretary of the senate and clerk of the house of representatives shall severally receive the sum of three thousand dollars annually, payable quarterly as heretofore; and their principal clerks shall receive one thousand eight hundred dollars each, and their engrossing clerks one thousand five hundred dollars each.(a)

33. The librarian of congress shall receive eighteen hundred dollars; the assistant librarians fifteen hundred dollars each; and the messenger twelve hundred dollars per annum; and the money is hereby appropriated to pay the same.

34. The annual salary of the chaplains to congress shall be seven hundred and fifty dollars.(b)

35. That the chaplains of the two houses of congress, be paid on the last day of each month during the regular sessions of congress, at the rate of seven hundred and fifty dollars per annum, beginning with the present congress; and at the end of each regular session, they shall be paid the residue of said annual salary.

36. That the sergeant-at-arms of the senate, who also performs the duty of a doorkeeper, the sergeant-at-arms, and the doorkeeper of the house of representatives, shall be and they are hereby entitled to receive nine hundred and fifty dollars per annum, each; and that the assistant doorkeeper of the senate and the assistant doorkeeper of the house of representatives, shall be and they are hereby entitled to receive nine hundred dollars per annum, each. (c)

37. Any appropriation which shall be made by the senate or house of representatives, Any appropria- out of the contingent fund of either house, towards the compensation of any of the officers of the senate or house of representatives, shall be taken and considered as a part of the salary allowed by this act.

tion to them to

bon account of salary.

26 Aug. 1842 1. 5 Stat. 524.

20 July 1854. 10 Stat. 594.

cent. to officers,

&c.

38. In the office of the sergeant-at-arms of the house of representatives; one messenger, at the daily compensation received by the other messengers of the house of representatives, and in lieu of one of them.

39. The officers, clerks, messengers and other employees in the legislative department of the government, shall be paid an increased compensation of twenty per cent, upon Addition of 20 per the compensation now received by them respectively; and the messengers of the house of representatives shall not receive less than is allowed to messengers of the senate of the same class; such increased compensation to commence from the first day of July 1853; and a sum sufficient to pay the same to the 30th of June 1855, is hereby appropriated out of any money in the treasury not otherwise appropriated: Provided, That no person whose compensation was increased by the act approved April 22, 1854, (d) shall be benefited by this joint resolution: And provided further, That the usual extra compensation shall not hereafter be allowed to any person receiving the benefits of this joint resolution. (e)

8 March 1839 3. 5 Stat. 349.

No officer to re

ceive any extra compensation.

IV. MISCELLANEOUS PROVISIONS.

40. No officer in any branch of the public service, or any other person whose salaries, or whose pay or emoluments is or are fixed by law and regulations, shall receive any extra allowance or compensation in any form whatever for the disbursement of publie money, or the performance of any other service, unless the said extra allowance or compensation be authorized by law.(g) Nor shall any executive officer, other than the heads newspapers, &c., of departments, apply more than thirty dollars annually, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals or other books or prints not necessary for the business of his office.

Allowance for

limited.

23 Aug. 1842 2.

5 Stat. 510.

41. No officer in any branch of the public service, or any other person whose salary, pay or emoluments, is or are fixed by law or regulations, shall receive any additional pay, extra allowance or compensation, in any form whatever, for the disbursement of public money, or any other service or duty whatsoever, unless the same shall be autho

(a) This act was originally limited to three years, but was continued from time to time, and made perpetual, by act 29 May 1830. 4 Stat. 421.

(b) By resolution 3 March 1857, to be paid on the last day of each month during the regular sessions, and the residue at the end of each regular session. 11 Stat. 255.

(c) By act 3 March 1815, an addition of $550 per annum is made to their compensation respectively. 3 Stat. 226. (d) See supra, 26.

(e) By act 3 March 1855, the superintendent of public printing and the clerks and messenger in his office; and the librarian, and assistants and messenger in the library of congress, are to receive the benefits of this resolution, in the same manner and to the same extent as officers of the same grade in the legislative department. 10 Stat. 651. The 20 per cent. added to the pay of the librarian, &c., is to be calculated on the amount allowed them by act 4 August 1854, supra, 33; and the joint resolution of 20

July 1854. is not to be construed to apply to the public printers, by act 15 May 1856. 11 Stat. 14. And see act 3 March 1857 2 11 Stat. 242.

(9) This cuts up by the roots all claims for extra compensation, on the ground of extra services. There is no discretion left in any officer or tribunal to make the allowance, unless it be sanc tioned by some law of congress. The prohibition is general, and applies to all public officers, or quasi public officers, who have a fixed compensation. Hoyt v. United States. 10 How. 141. Browne v. United States, 1 Curt. C. C. 15. White v. United States, Dev. C. C. 128. Holman's Administrator v. United States, Ibid. 151. 3 Opin. 422, 439, 473, 588. 4 Ibid. 126, 128, 139, 249. 5 Ibid. 61. Where, however, they perform services which are unconnected with their official duties, the necessary expenses actually incurred in the performance of these extra daties may be allowed them. 3 Ibid. 563. 4 Ibid. 372. United States r. Jarvis, Daveis, 274. And see Chase v. United States, Dev. C. C. 124.

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