Certain sec- 1818; and of *Act of 1818, p. 1671. +Act of 1821, c. 151, vol. 3, p. 1809. Two commissaries created. Commission er of public buildings to make annual report, &c. Cumberland sation of su tribunal before which the case shall be depending, or may be cognizable, shall have pronounced its sentence, and such sentence shall have been carried into effect. [Approved, 2 March, 1829.] CHAP. 203. An act to continue the present mode of supplying the Army of the United States. § 1. Be it enacted, &c. That the sixth, seventh, eighth, ninth, and tenth sections of the act, entitled "An act regulating the staff of the army of the United States," passed April the fourteenth, eighteen hundred and eighteen, and the eighth section of the act, entitled "An act to reduce and fix the Military Peace Establishment of the United States," passed March the second, eighteen hundred and twenty-one,† are hereby continued in force for five years from the passing of this act, and thence to the end of the next session of Congress thereafter, and no longer. § 2. And be it further enacted, That the better to enable the commissary general of subsistence to carry into effect the provisions of the above specified acts, there be appointed two commissaries, to be taken from the line of army, one of whom shall have the same rank, pay, and emoluments, as quartermaster; and the other with the rank, pay, and emoluments of assistant quartermaster. [Approved, 2 March, 1829.] CHAP. 212. An act making appropriations for the public buildings, and other purposes. § 3. And be it further enacted, That the commissioner of public buildings annually make to Congress at the commencement of the session, a report of the manner in which all appropriations for the public buildings and grounds have been appliedof the number of public lots sold or remaining unsold each year of the condition of the public buildings and public grounds, and of the measures necessary to be taken for the preservation and care of the public property. [Approved, 3 March, 1829.] CHAP. 214. An act for the preservation and repair of the Cumberland Road. § 1. Be it enacted, &c. That the sum of one hundred thouroad east of sand dollars be, and the same is hereby granted, to be paid out of Wheeling to be repaired. any moneys in the treasury not otherwise appropriated, to the Appointment purpose of repairing bridges, walls, and other works, on the and compen Cumberland road, east of Wheeling, where the same may be perintendent. necessary, in the judgment of the superintendent, for the purpose of putting the said road in repair; and the said superintendent shall be appointed by the President of the United States, and shall receive the same compensation as the superintendent of the said road west of Wheeling. [Approved, 3 March, 1829.] U.S.com CHAP. 218. An act providing for ceding to the State of South Carolina the jurisdiction over, and the title to, a certain tract of land, called Mount Dearborn, in the said State. § 1. Be it enacted, &c. That the secretary of war be, and he missioner to is hereby, authorised and required to appoint a commissioner, to to assess, Mount Dear meet such commissioner as may be appointed on the part of the be appointed state of South Carolina, to assess the value of a tract of land on with S. Carothe Catawba river, at or near Rocky Mount, (and commonly lina commisknown as Mount Dearborn,) or so much thereof as in the opinion sioner, the of the superintendent of public works in South Carolina may be value of important or necessary for the completion or preservation of the born, &c. public works of said state: And if said commissioners shall disagree as to the value of said land, they are hereby authorised to choose, jointly, a third commissioner, the assessment and valuation of any two of whom, when certified under their hands and seals, shall be conclusive. S. Carolina to pay the valu her. § 2. And be it further enacted, That so soon as the state of South Carolina shall pay into the treasury of the United States ation, and the the amount of such valuation, the secretary of war be, and he is land to be hereby, directed to convey to the state of South Carolina, all the retroceded to right and title of the United States in or to said land so assessed: and from and after the execution of said conveyance, the jurisdiction of the United States over the soil so conveyed, be, and the same is hereby, retroceded to the state of South Carolina. [Approved, 3 March, 1829.] CHAP. 226. An act concerning the government and discipline of the § 1. Be it enacted, &c. That the penitentiary erected in the City of Washington, in pursuance of "An act to provide for erecting a penitentiary in the District of Columbia, and for other purposes," passed twentieth May, eighteen hundred and twentysix, shall be designated and known as the penitentiary for the District of Columbia, and shall be exclusively appropriated to the Appropriaconfining such persons as may be convicted of offences which tion of the now are, or may hereafter be, punishable with imprisonment and penitentiary. labour, under the laws of the United States, or of the District of Columbia. § 2. And be it further enacted, That it shall be the duty of the Annual inPresident of the United States to appoint, annually, five respecta- spectors to be ble inhabitants of the District of Columbia to be inspectors of the appointed. said penitentiary, who shall severally hold their offices for one year, from the date of their appointment. §3. And be it further enacted, That the President shall also Warden. appoint one warden of the said penitentiary, who shall hold his office during the pleasure of the President. of inspectors. §4. And be it further enacted, That said inspectors shall hold First meeting their first meeting within ten days after their appointment; they shall appoint one of their number to be their secretary, who shall Secretary. keep regular records of their proceedings; a majority shall be a quorum for the transaction of all business, and all questions shall Quorum. be decided by a majority of those present; they shall hold regular meetings of the board, at least once in every month, and Regular oftener, if they shall find it necessary; they shall singly in turns, visit and inspect the penitentiary, at least once in each week, Inspections. upon some stated day, to be fixed by their by-laws: they shall direct Labours of in what labour the convicts shall be employed; it shall be their convicts. VOL. IV. 10 meetings. System of rules for discipline, &c. accounts. duty to prepare a system of rules and regulations, minutely providing for the discipline, health and cleanliness of the penitentiary, the hours of labour, meals and confinement, the government and behaviour of the officers and convicts, so as best to carry into Promulgation effect the several directions and requisitions of this act; they thereof, &c. shall take care that these rules and regulations be made known to the officers of the prison, and the convicts, and that the strictest Maintenance obedience be paid thereto; they shall provide that the strictest of cleanliness. attention be paid to preserve cleanliness throughout the buildings, kitchens, cells, bedding, and as far as may be, in the persons and Appointment clothing of the convicts; they shall appoint, and at their pleasure and removal remove such keepers, and other inferior officers and servants, as of keepers, may be required for the service and government of the peniten&c. Inspection of tiary; they shall from time to time, inspect the accounts of the penitentiary, and shall see that the affairs thereof are conducted with economy and integrity; they shall, in the month of January, port to Con- in every year, report to Congress a detailed account of the expenses and income of the penitentiary, the number of convicts received, discharged, or deceased, during the year, the rules and by-laws passed, altered, or repealed, within such year, and such other matters relating to the discipline and management of the prison, as may be proper to make known its state and condition; and it shall be their duty so to manage the affairs of the penitentiary, if it be possible, that the proceeds of the labour of the said convicts shall pay all the expenses of the penitentiary and more: But nothing herein contained shall prevent the said inspectors from employing the said convicts in labour for the United States. And, if the said penitentiary shall fail to support itself, it shall be penditure to the duty of the said inspectors to state, in their annual report to be explained Congress, what they suppose to be the reason of such failure. Annual re gress. Economy enjoined. Convicts to labour for U.S. Excess of ex. in report. Salary of Warden and other officers. Warden's functions; Кеер асcounts; Make contracts; General su § 5. And be it further enacted, That the warden shall receive a salary of twelve hundred dollars a year. The other officers and servants of the Penitentiary shall recieve such annual or monthly pay as the inspectors shall direct. 6. And be it further enacted, That it shall be the duty of the warden to keep accurate accounts of all materials bought or furnished for the use or labour of the convicts, and, also, of the proceeds of their labour; he shall make all contracts and purchases for the supplies necessary for the penitentiary; he shall Let out labour have power to let out the labour of the convicts by contract, of convicts; subject always, however, to the rules and discipline of the Peniperintendence tentiary; he shall, under the superintendence and inspection of and responsi- the inspectors, oversee and manage all the affairs of the penitenbility; tiary, and shall be responsible for the due enforcement of its rules, Money by-laws, and discipline; he shall make out and deliver to the inspectors; inspectors, at each of their monthly meetings, an account of all moneys received and expended by him on account of the penitentiary, during the preceding month, specifying from whom received, and to whom paid, and for what; which account shall be sworn to by the warden, and carefully filed and preserved Quarterly ac among the papers of the board of inspectors. He shall, also, on treasury. the first Monday of January, April, July, and October, in each account to count to sec'y year, make out and exhibit to the proper accounting officer of the treasury department, an account of all moneys received and paid on account of the penitentiary, for the last three months, specifying from whom received, to whom paid, and for what, and shall settle the same with the said department. § 7. And be it further enacted, That the warden, before he enters Warden to upon the duties of his office, shall give bond to the United States, give bond. with sufficient security, to be approved by the inspectors of the penitentiary in such sum as they shall direct, conditioned that he will faithfully perform the duties of his office, and truly account for all goods, moneys or other articles belonging to the United States, or to individuals, which may, in the discharge of the duties and trusts of his office, come into his custody, and pay or deliver the same over to the United States, or such persons as may be legally entitled thereto, whenever he shall be lawfully required; which bond may be sued in the name of the United States, for the use of the United States, or any individual, who may have a claim thereon, as often as the said condition may be Limitation of broken; provided such suit shall be brought against the security action therewithin six years of the time when the cause of action accrued. on. § 8. And be it further enacted, That if the warden of the said Warden propenitentiary shall have any interest himself in any contract made hibited from by him touching the affairs of the penitentiary, with a view of interest in any gaining for himself, either directly or indirectly, any profit or contract, &c. advantage thereby, he shall be guilty of a misdemeanor, and he shall, on conviction thereof, be punished by fine, not exceeding Penalty. two thousand dollars, and be dismissed from office, and every such contract may be declared void by the said inspectors. § 9. And be it further enacted, That the said inspectors shall not Same prohibibe concerned in any contract touching the affairs of the said tion to inspec penitentiary; but, if any such contract shall be at any time made, tors. in which the said inspectors, or any of them, have, directly or of infraction. Consequence indirectly, any interest, the same, so far as relates to that interest shall be wholly null and void. § 10. And be it further enacted, That all suits that may be Suits to be necessary to be brought for any matter or thing relating to the brought in affairs of the said prison, shall be brought in the name of the name of U. S. United States, whether the contract on which such suit is founded be made in their name or not. Males and § 11. And be it further enacted, That the male and female convicts confined in the said penitentiary shall be kept, and shall females to be labour, wholly separate and apart from each other. Every con- kept separate. vict shall be confined singly in a separate cell at night, and at Solitary consuch times of the day as he or she may be unemployed in labour, finement. except at such hours and places as may be specially assigned, by the rules of the penitentiary, for religious or other instruction, or for meals, or when transferred to the infirmary on account of sickness, upon the recommendation of the physician. Each convict, immediately upon being received into the penitentiary, shall be thoroughly cleansed with warm water and soap, and shall have the hair cut close; and the warden and other officers shall take the strictest precautions to guard against the introduction of any against introinfectious or contagious disease, from the persons or clothing of duction of dis Infirmary. Purification and shaving. Precautions ease. list of convicts. Clothing. Food. such convicts; which precautions it shall be the duty of the Descriptive inspectors to regulate, and prescribe in their by-laws. A de scriptive list of the names, ages, persons, crimes and sentences of the convicts, shall be kept by the warden, and such description shall be entered immediately upon the reception of each convict. The convicts shall be clothed at the public expense during the whole term of their confinement, in habits of coarse and cheap materials, uniform in colour and make, and so striped, or otherwise conspicuously marked, as may clearly distinguish them from the Bedding, &c. ordinary dress of other persons. Their bedding, and other personal accommodations, shall be of the cheapest and coarsest kind, consistent with use and durability. The convicts shall be fed on the cheapest food, which will support health and strength, with as little change or variety in the said diet, as may be consistent with the health of the convicts, and the economy of the penitentiary. They shall be kept, as far as may be consistent with their age, health, sex and ability, to labour of the hardest and most servile kind, and, as far as may be, uniform in its nature, and of a kind where the work is least liable to be spoiled by ignorance, neglect, or obstinacy, or the materials to be injured, Conversation stolen, or destroyed. They shall not, at any time, be permitted prohibited, to converse with one another, or with strangers, except by the special permission, and in presence of some officer of the prison, as may be regulated by the by-laws: they shall be made to labour diligently, in silence, and with strict obedience. Labours. &c. Warden's power of punishment. § 12. And be it further enacted, That the warden of the said penitentiary shall have power to punish any convict in the penitentiary, who shall wilfully violate, or refuse to obey, the rules of the penitentiary, or to perform the work assigned him, or who shall resist by violence any of the officers of the penitentiary in the exercise of their lawful authority, or shall wilfully destroy any property, tools, or materials; and it shall be the duty of the said warden to inflict such punishment, either by confinement in Solitary con- solitary cells, by diet on bread and water, by putting such convict in irons, or in the stocks; but all such punishments shall be regularly reported to the visiting inspectors at the next weekly Cases of pun- visitation, and to the board of inspectors at their monthly meeting; ishment to be and it shall be the duty of the inspectors to adopt and enforce reported. special rules and by-laws regulating the times, measure, extent Inspectors to regulate punand mode of such punishments, in relation to the several offences ishments, &c. against the discipline of the penitentiary, and to report the same in their annual report to Congress, whenever they shall be adopted, altered or repealed. finement, diet, irons, stocks. Physician and surgeon cd. Duties. § 13. And be it further enacted, That the inspectors shall to be appoint. appoint one regularly practising physician, to be the physician and surgeon of the penitentiary, whose duty it shall be to visit the penitentiary at such times as may be prescribed by the inspectors, and to render all medical and surgical aid which inay be necessary. One apartment, or more, as may be needed, shall be fitted up as an infirmary; and, in case of sickness of any convict, he, or she, upon examination of the physician, shall, upon his order, be removed to the infirmary, and the name of such convict shall be entered in a hospital book, to be kept for that purpose; Infirmary. Removal to infirmary. |