Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, September 06, 1842, Page 376, Image 2
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could never have obtained either Legislative
or Executive sanction, providing,
in view ol the embarrassed condition
of the Treasury, that when ever the
?|iitv on any article of foreign importation
exceeded twenty per cent, the distribution
to the states should cease, and the
proceeds of the lands should again heapplied
to pay the debts and defray the expenses
of the Federal Government. A
revenue bill also passed at the extra session,
raising the duties on most articles
Vvhieh were free under the compromise
act of 1633, to twenty per cent. This
hill was framed with the design to avoid
any conflict with the twenty per cent,
principle of the Compromise of 1933, or
than half of the $12,000,000 loan authorized
by the act of 1841 had hecn taken,
and though Congress found itself, at an
early period of this session, under the
necessity of authorizing an issue of $5,tM)0,000,
of Treasury notes, in addition
to the loan of ?12,000,000, vet no revenue
bill was reported until the 3d day of
June, 1842, after Congress had been in
session six nronths, and when the country
was looking anxiously for an adjournment,
Congress had gone on meanwhile to appropriate
many millions of dollars which
the Government did not possess, and
which it could not obtain without the
agency of the Legislative department.
The revenue hill was reported on the 3d
of June, and taken up for the (Irst time
in committee of the whole on the 8th of
June.
? " ?i?i' r
1 ?ie nnai rcuucuoii tn imuus m m^nty
per cent under the compromise of
1833, was to take effect on the 30th of
June, and then the distribution, under the
act of 1841, was to commence, provided
the duties were not raised beyond 20 per
cent. On the 7tl? of June the committee
of ways and means which had reported
the rc venue bill of the 3d, brought in
what was called the provisional bill, the
ostensible object of which was to provide
for a temporary collection of duties until
time would bcafTorded for the passage of
tlvc general revenue bill. The necessity
for some such measure was alleged to
exist on account of a doubt whether du- !
ties could he collected after the 30th of j
June, without additional legislation, j
The revenue bill provided for a general
increase of duties beyond twenty per cent,
and its passage would necessarily have
unforced the suspending clause ol the
distribution net. The provisional bill reported
on the 7ih of June contained no
reference to this suspending clause of the
distribution act.
On the 9' h of Juno, a second provisional
hill was reported from the committee
?*f ways and means, with the same general
objects as the first which had hoen reported
only two days before, and with a
proviso repealing the suspending clause
of the listrihution net. The first provisional
hill was never considered. The
second was passed by the House on the
15th of June, went to the Senate, returned
with amendments which were concurred
in on the 25th of June, and was
returned by the President with objections
on the. 29th of June. These objections
Mere founded on the deplorable condition
of the Treasury, and on the expediency
of adhering, under the circumstances, to
? * !- I II
the terms on which (Jtsirinuuon naa necn
authorized by the act of IS 11. The revenue
hill did not pass until the o'Ji of
August. It was returned with the President's
objections on the Oih.
These objections are new before the
committee. They are substantially the
same as those which accompanied the
provisional hill only on the 29th of June.
The revenue hill contained a clause most
unequivocally repealing the suspension
<>f the distribution act, which its own pas.
sage would have enforced, and thus it was
in effect the enactment of a new distribution
^h\v appended to the revenue hill.
Kach House deliberately refused to strike
out this clause, and persisted in associating,
in ludicrous contrast, two measures;
the t#nc an act to raise money for the
support of the Government by the imporIntion
of taxes, the other to distribute the
land revenues to the States.?The majority
of both Houses hud proclaimed, with
r a i i t _ o.,..
titc concurrence 01 me i rcsioem, m o? j?.
temher, 1611, the distribution should onlv
he rirnde when duties wore below twenty
|>cr cent. The majority of both house?
hnd again and again proclaimed in 1S-12
the ncccssi'y of raising the duties abovt
twenty per cent, and yet I hey insist or
distributing the land fund without regar>
to the conditions they themselves had sc
iccenlly proclaimed, without regard t(
the situation of the Trea: ury, and without
regard to the burdens, which might
he imposed on tin; people.
They might have attempted to raise
revenue fiom imports, und to distribute
with the twenty per cent, condition in
the distribution act.
At the commencement of the present
session, the President in his annual message,
apprised Congress that there would
he a deficit in the Treasury on the first o!
January, 1842, of 8027,557 90, At a
subsequent period of this session, lie uro.
?:d on Congress, in a special message, the
inability of the Treasury to meet the demands
created against it hv appropriation
which Congress had made, the necessity
of providing adequate means to sustain
the Government, l?y an increase of duties
t>n imports and every other means within
lheir power. He also recommended the
repeal of the distribution act, and a
pledge of the land fund for the redemption
of tho nuhlic debt. Though loss
-t-* g. Mmv.mAmxrwr
ilie land fund in separate bills. Then
each measure won id have rested on its
own intrinsic merits. But they porsisted
in connecting them in one bill. Tne
restriction in tin; distribution act of 1842,
was designed to guard against increasing
i the burdens of taxation to till a vacuum
j which might he occasioned by distribution.
The legislation of 1842, is designed
i ?-- .. ....tlifii it iii!iv iw> filled
J iw <i % iii/iiima mm. i% ..x,
1 l?y increased taxation. There is probably
; no precedent in the history of any govi
eminent for the union, under such circumstances,
of a revenue and an appropriation
bill. As there was no necessity
< for such union apparent to the public, we
: are at liberty to infer, that it resulted
from the consciousness that one or both
! the measures could not have separately
commanded a majority. Tnc exigencies
1 of the National Treasury were supposed
i to furnish a lavorable opportunity for
j Congress to extort terms on which alone
the government should he supplied with
revenue to meet their own appropriations.
It would have been as proper, under (lie
circumstances, for Congress to annex a
charter for a bank, or a fiscal agent, or a
fiscal corporation, as a condition prcce.
dent to a revenue hill, and to raise an
i issue with a President, or with their
4 - f Kill nt,f rrmv.
consul Hums, ii S111.U <? >?.. .......
ed the Executive sanction.
It is a great mistake to suppose that
there is an issue between the majority of
Congress and the President. There is
?
an issue between this same majority in
1841 and in 1842. The President abides
by terms which this majority prescribed
for themselves and the Treasury in 1841,
and they can prefer noaccusition against
aim for adhering to their own position,
lie might with more propriety upbraid
them for abandoning it. The issue is
between this majority and the country.
They who arraign the President for obstructing
the will of Congress should lie
? ?
well assured that Congress does not obstruct
the will of the States and the people
it represents. Congress is neither
inf;?I.ihie or irresponsible.
If this were a question in which none
felt any interest besides the President of
the United States and members of Congress
there might lie some plausibility in
Ihe attempt to narrow the issue to them.
Put the subject of revenue is one in which ,
those who pay arc apt to feel as deep an I
I interest as those who levy taxes. Every I
citizen of the United Slates, moreover,!
I
feels a solicitude in the Government, and j
all that concerns it in the fundamental {
principles on which it is based, in the I
! measures which characterise its Adiniuisj
tration, in its justice, its faith, and its j
fame, and the judgment of no impartial i
l nmti can Ik> LUm<l<ul or binsntrd by the
effort to conceal the true points of this
, issue, under cover of apathy, political alj
tercation between a party majority in I
j Congress, and the President. The Pres. I
I ident has either assumed a power which !
does belong to his ollicc or he has abused
a power which does not belong to it.
It has not been denied that the power
in question exists under the Constitution;
indeed it has been proposed to abolish it
by amendment. If it has been abused,
it was done either corruptly and wantonly,
or under an error of Executive judg|?2
oi'ii]|J|l('P flip least '
Ilium* At IIIVI V? I?J \/ ? It?vi*vv ?'. .
' corruption in the President's conduct, he j
should be impeached. The power of impeachment,
has been confined to the
House of Representatives. It is the duty,
therefore, of the majority who accuse
the President to arraign him under ar-j
! tides of impeachment before the Senate, !
if they believe him to be guilty of any
impeachable otTencc. If he has neither
assumed power, nor abused it corruptly,
then the issue dwindles to a mere ques- j
tion who is right as to a measure of poli'
cy. It the undersigned were allowed by
I . p . I.t
the circumstances which compel luin to
omit many considerations very proper to
! the subject, he would not despair of show,
j ing that, independent of all the ex Iran!
cons prejudices and political feelings
which the advocates of error on this
occasion endeavor to bring to their aid,
the mere opinion of the Executi ve in this
! case is right and the more opinion of
! Congress is wrong.
The narrative oflegi&lation on the subject
of revenue at the late extra session,
and since December last, which has been
j given, will furnish the facts from which,
i without explanation or argument, the
country will be enabled to judge whether
1 the majority in Congress or the President
have erred in mere matters of opinion.
The occasion is both too novel and too
grave to permit an argument on such
minor questions, alii cling the comparative
taste or wisdom of the majority of
Congiess and the President. As to the
mere question of opinion however, the
President should not he condemned without
some charity by those who concurred
with him so recently as September, 1841.
If the charge preferred by the majority
is understood, it involves no breach of
the Constitution or of any law, on the
part of the President; but they accuse
bun of obstructing their will. The accu,
satinn implies either a general infallibility
on the part of the accusers, or a particular
exemption from error on this occa|
*
I s'on, or it denies to the President the
right and the responsibility of judging oil
a subject which Congicss submitted to
his judgment.
They will find that there are two sides
to that question. The Executive is a coordinate
department of the Government.
The President is under no obligation mm
I plicilly to approve every hill which the : t
I Legislature uiiiy pass. "lie is command- ' 1
j ed either to approve, or, if he cannot np- J *
prove, to return with ejections all bills , 1
! sent to him, and Congress are required ; '
to send him all bills which they pass. It i
i is alleged, however, as a complaint, that
! the President has thought proper to exer- j
1 ciso liis constitutional discretion, and ^
i withhold his approbation from other lulls (
' which Congress have passed. Still the ,
j question ot power and the question ol l j
j duty on his part, and on the part of Con- j 1
! gress, is the same in each instance.? ! i
1
j Can Congress excuse themselves for refu- ;'
? * - ....O. Ci\r llio Itiu'iirn. i I
| Sing Uljmiviuu i... ,
merit, because I lie President did not aj>- M
prove either of the forms, in which, at j (
the extra session, they attempted to I 1
charter a Hank of the U. Slates ? Is the !
j issue, which has hern so solemnly proj
claimed on this occasion, to embrace the
| long agitated question of currency he- .
sides liiat of revenue ? <
Do the m inority mean to declare that tiry will 1 (
permit no revenue to be collected, or, in ot'i r j
wo.Js, tint the Government shall ce u:c, unhss
j two conditions are submitted to?fust, tnc cinr-'s
i t- r o:' a hank in sonic form, and second, the di?- 1 (
j tribation of the land fund ? If this be the object, j ;
I than these questions should have been all connec- j t
| ted in one bill. It has been deemed prudent, j |
; however, to connect only two of tlicm. The j;
j questions of distributing the land fund and raising j |
revenue, for the support of Government, were j (
[ united in such a manner as tu leave it doubtful i j
j whe'her tlie majority of Congress considered ' (
5 themselves bound to provide revenue, iirst for the j j
I s'atcs, or for the U. States. Since they insisted ; j
on uniting them in a second bill, after a former L
b.ll had been vetoc 1, on account of their union, i i
j
and since it is now declared that Congress is dis. ; v
I"
grarca if it readies so fjr as to separate ti c 1 (
' ' ? ~ ? ' *!? . llm I*n lr?il Sstnfr><s flrtVfril. !
i (llll'MIUiia, auci tuut v.. w- ^
1 mcnt shall have no revenues, unless the land j (
f nul is distributed to the states, there can no Ion- j j
i per be a doubt of the determination either to i
bestow the ways and means of the Federal Treos- f j
ury 011 the state Treasuries, or to starve the Gov- ; ]
1 eminent of the United States. The majority ' ?
| seem not. only resolved on this, but they are j (
resolved to aceomjilisli their object in one particu j ,
lir mode, and that is by legislating on tiic two ' t
subjects in tlic same bill.
What, then is the issue ? It is not whether the (
power exercised by the President is a lawful pow. \
er. Its existence is conceded by the proposition t
to abuse it. It is not whether that power has j
i been corruptly abused. If this is believed the j c
I majority arc guilty of culpable neglect of duty in j t
| not impeaching. It is not whether the United I ?
States shall have a revenue. But, it is whctli r ! <
this Government shall have revenue, and the j t
states shall have the land fund, in a particular {
form of legislation, which Congress have resolved j
at all hazards to persevere in?a form of legislation j j
resorted to, at fir>t, to coerce the votes of Con- i (
gross, and persisted in to coerce the Executive, by j t
putting the Tjeasury under durcsr. I (
'As the majority of Congress seem to view this
question, it is a mere parliamentary punctilio on
which some of thorn would rouse the country to 4
arms. In other aspects, however, in which it
will be viewed by those who, in this case, are
more impartial arbiters than either this majority {
nr 11ir. IVosiA-n t it is :i nnestion worthv of the .=
most serious consideration. The Government have
now no levcmic. It is in debt. It is coin- (
pletcly organized under tiic forms of the Constitu- ! |
tion. Its Legislature, its Judiciary, its Executive
are at their posts; its Army is in the held ; its I t
Navy is on the sea ; its representatives arc honor. !
ably accredited by all foreign Governments as the i *
representatives of foreign Governments arc here. ! j
There is a profound pcr.ee and a general sense of I (
security throughout the country. Our fields arc 1
teeming with abundant harvests. Industry and ' 'j
economy arc gradually repairing the evils of ex- j [
travagance and indolence, and, as they dcvilopc y
our great national resources, they arc restoring a j
general confidence, which will revive prosperity, i
and teach us, for a time at least, the danger of i (
preferring again artificial wealth and delusive c
splendor to real independence an<l substantial ! j
! comfort; with the means of individual happiness j i
and national glory within our reach, tlie people of j j
the United States may well ask why is it that the ' 1
Constitution has failed, why the laws are impotent, ^
and why the representatives of twenty-six States <
and seventeen millions of people are unable to pro. (
I vide revenue to save the government from dig. ?
j grace and dissolution. i i
j A majority of these representatives have given j
I lie answer. It is, because they do not choose to
i do what they have the power to do. They forge'.
I their duty to the country and the Constitution, <
I and remember only the imaginary resentments ]
j which t-iey suppose to exist between themselves
j and the President of the lT. Stat s. If these re- j
sent me.its were real, will the country tolerate a ,
suspension of the entire government, until a polit- j
ical dispute is settled by revolution or reason, be
j tween those who ought to feel on both sides a ;
1 * '
j wuglit of olhci il responsibility, winch permits no i (
i motive of ambition or animosity to inflict on their \'
j ]
country the consequences of their passions?? ,
Whence can such resentments arise, unless from
motives of ambition equally unworthy cf a Presi- I
i
<lent or Legislator ? If the majority in Congrcrs j (
! wish to submit an issue to the country, involving i
1 any policy of Government, any question of con- i
stilutional liberty or legislative expediency, let
j them not present it in the shape of a mere contro- j
j ver.y between themselves ami President. Let
j them invoke the judgment, and not merely the
I prejudices, of their countrymen to decide. 1
It too often happens that a party attempts to (
I prescribe law for the Constitution, and to intcrpo|
late substantive restrictions or enlargements of
the powers to be derived from the text. Neccssi;
ty or expediency is always the pretext. The first j
necessity and the soundest expediency in a Government
of a written Constitution is to preserve its
organic law inviolate. The instrument may be
as effectually changed (and the Government is
j changed with it) by thin means as by an aincndj
mrnt in the prescribed mode. That Constitution
I is designed to furnish a permanent, uniform and
| universal ru'c of Government, while parties fluctuate
anl change with the caprices of passion or
]
i the convictions of judgment. Flicsc decisions of
m rc party arc too apt to he regarded as authorii
ty, an-J hence the conflict which frequently occurs ;
| between them and the Constitution itself. The
I u:i't?;r.agi:cd has already ?. >??:cd his co:i\ i"ti"M
i
hat the proceedings in this case arc in conflict j
nth the Constitution.?It is to be regretted that
t is not the only evidence of a disposition during
he present Congress to disregard the authority
>f that instrument, or to create unnecessary colliions
between the Legislative and the Executive
Jrpartments.
When a subject distinctly embraced in one bill
ins iK-cn the cause of the Executive objections to
hat bill, respect for the opinions of a co-ordinate
Jepartment, or desire to avoid unnecessary, col'.i;
it-mild <iiiircrf4!t the nrnnrietv of not
ive table of tlx; number of electoral votes
o which each State is en t i tic J, both by
he new and old ratio :
Old Ratio. Ratio. J
Sew 5ork, 42 30
\rnsylvnnia, 30 20
)hio, 21 23
/"jreinia, 23 17
['cnncssce, 15 1.3
Cnntueky, 15 13
Jassarhessetts, 11 12
ndianna; 9 12
'sorth Carolina, 15 11
^eoreia, 11 10
south Carolina, 11 0
Unhatnn, 7 9
d line, 10 9
llinois, 5 9
ifa rv land, 10 8
STe\v Jersey, 8 7
Missouri, 4 7
Connecticut, 8 fj
\*ew Ilamjishire, 7 (J
Vermont, 7 i)
L,'<nisi;miia, 5 0
Vr>si<si:?pi, 4 0
Michigan, 3 5
[I bode 1 'arid, 4 4
Delaware, 3 3
Vrka nsti-s, 3 3
294 -275
Trie number of electors, by the Constilution,
it will Ic recollected, is equal to
the whole nuniherof Senttor.s and Representatives
in Congress. Thus, by the
new ratio, Senators 52, Representatives
223?total 275.
The old Stales, (including Maine, for.
ni'MIv belonging to Massachussctts.) are
entitled !?? 170 electoral votes, the new
States 105.
A MOVE OX TilK C'lIKSS*HOARD.
A broadstde extra from the office of tlie l
Kentucky (Jnzelte presents the claims of
Do!. Richard M. Johnson, of Kentucky,
as a candidate for the Presidency. The I
rxfru embodies, among other tilings, tlie
pr< cccdings of a ''meeting of the Democratic
members of the Kentucky LcgisJa*iiro,,;
as well as of a "meeting held at
[larrisburg, Pennsylvania," frotn the latter
of which we copy the following significnnl
resolution :
'4Resolved, That the letter of .Martin
Van Buren to the Missouri Legislature,
declining a nomination for the Presidency,
exhibits his devotion to the best interr
. i. _ < 1.. 1 (?
f SIS OI lllf? /Ulllin'lillli; |Niliy, 4111*1 unri^
the decided approbation of the. People of
the whole Uaion, and especially of the
Democracy of Pennsylvania.
G RO ?Rirar
IX 8'orc and for aalc, u good supply of Sal',
Sii^ar, Cuftco and Molasses, l?v
D. MALLOY.
Aug. 53rJ 41 tf
>lim? muni, r j
jnmediately pressing that identical subject upon
the consideration of the Executive without some
intimation of a change of opinion. The objections
)f a President to the provisional revenue bill and
he general revenue bill arc the same. They reate
to the insertion of a clause directing the dis
tribution of a land fund without regard to the
ates of duties on imports. The first bill was
temporary in its duration and comparatively unmportant
in its objects. It was sent to the Presiknt
in advance of the second, and only five days
irior to the 30th of June, when it was alleged
here would be authority to collect revenue. It
contained a clause in relation to thp distribution
>f the land fund.?It was vetoed on account of
hat clause.
On til I otli of August, Congress passed the
i?:on J or general revenue bid, containing a
;!auso s i 1 more unequivocally authorizing distrijuticn,
notwithstanding the ill) per cent, restricion
of tii? act of 1811. Whether the first of these
.tills was designed only to feel the way for the
iccond, airl to ascertain if the President could l>c
irought to tiic dilcmi, after objecting to t!ic bill,
)f eitiicr vi-tocing a revenue bill, or submitting to
lie distribution clause iu ordcrto obtain the moans
i
>f carrying on the government, or to re-enact, byhe
vote of a majority, a single principle which
lad bee n so recently vi toed, and which could not
>' tain th * vote of two-thirds, it is a part of the
listory of these proceedings which inay shod
nmc light on our examinations. The legislation
>f Consrres:; at the 1 t: extra session on the subject
;f :hc bank and its virious modifications, illus-- |
[rates the same disposition.?Two bills under (liferent
titles, but both for the object of chartering a I
Vationai Hank, were successively passed, sent to i
he Executive and wore returned with objections. !
[fthen there has been a disposition on the part of '
he Executive to resist the action of Congress on
i
:crtam subjects, there has certainly been a co.tcs- 1
Ktnding disposition on the part of Congress to a'- !
ack and to repeat the attacks on the Exccuti :c. |
Congress liave appropriated the money required
o carry on the Government. They have authorzed
the debts tint are contracted. They alone,
mder the constitution, can furnish means of meet- !
ng their own appropriations. It isnot in thepow- 1
r of the minority of Congress to legislate. All j
hat the Executive can do is to convene Congress, !
hould it adjoqm without providing revenne to '
:arry on tiic Government. It is hoped, however, !
hat calmer considerations will inspire some mo- '
ivc of public duty stronger than any feelings of j
nrty resentment. The threats of violence which ]
lave been heard from quarters whence better
:ounsc!s should have prevailed, will not disturb
he repose, nor provoke the dignity of a free and j
mlightcned people.
TIIOMAS W. GILMER, j
Washington, August 16, 1842.
ELECTORAL VOTES.
Hv t!io new Apportioninent, tho num.
tor of electors of Pro.-i lent and Vice Pre:idenf,
ohusrn by all the Stahs, will In;
.'75, of which 183 are neceosarv for a
dioicc. We give (lie fallowing compara
cents.
No. 7. For subsistence in kind, exclusive of
: that of officers, seven hundred and sixty-nine
I thousand six huudrcd and sixty-eight dollars.
No. 8. For the regular supplies furnished by
; the Quartermaster's department, consisting of fuel,
forage, straw, stationary, and printing, three hun,
drcd and sixteen thousand dollars.
No. 9. For barracks, quarters, and storehouse?,
embracing the repairs and enlargement of barracks,
quarters, storehouses and hospitals; the erection
of temporary cantonments and of gun-houses for
the protection of cannon, the purchase of tools
and materials and of furniture for the barrack
rooms; rent of quarters for officers, of barracks for
troops, where there arc no public buildings for their
accommodation, of storehouses for the safe-keeping
of subsistence, clothing, and other military supplies,
and of grounds for summer cantonments and encampments
for military practice, one hundred and
thi.ty-fivc thousand dollars.
! No. 10. For the incidental cxpcnccs of the
Qu rtcrmister's department, consisting of postage
oa public letters and packets, exj>cnccs of
courts martial and courts of inquiry, including the
additional compensation to judge advocates, members,
and witnesses; extra pay to soldiers under
I the act of March second, eighteen hundred and
nineteen; expenses of expresses and of the interment
of non-commissioned officers and soldiers ;
hire of laborers; compensation of clerks in the offices
of the quartermasters and assistant quartermasters
at posts where their duties cannot be per- j
formed without such aid, and of temporary agents
in charge of dismantled works; and to such wag.
; on and forage masters as it may be necessary to
j employ under the act of the fifth of July, eighteen
i hu ldred and thirty eight; expenditures necessary
i to keep the regiments of dragoons and the four
I nrtnmnnioa r>f lirrht artillery COinylitO. i 11CluJill!T
j 4 ,
; lac purchase of ho:s:s to supply the pl.icc of those
j which may be lost and become unlit for the sert
vice, and the erection of stables, one hundred and
twenty-seven thousand dollars.
No. 11. For transportation of officcis' baggage
when travelling on duty, without troops, sixty-five
thousand dollars.
No. 1:2. For transportation of troops and supplies,
viz. transportation of the army and baggage,
freight and ferriages, purchase and hire of horses,
niuleB, oxen, carts, wagons, and boats, for pur- '
poses of transportation or garrison use; drayagc
and cartage; hire of teamsters; transportation
of funds for the pay department; expense of transport
vessels, and of procuring water at such posts
as from their situation require it; transportation
of clothing from the depot at Philadelphia to the
stations of the troops; of subsistence from the
I placis of purchase and delivery, under contracts,
to such points as the circumstances of the sendee
may require ; of ordnance, ordnance stores, and
small arms, from the foundries and armories, to the
arsenals, fortifications, and frontier posts, two hunI
dred and forty-two thousand dollars.
! No. 13. Fur the contingencies of the army,
J nine thousand dollars.
No. 11. For tire medical and hospital depart'<
mont, twenty-sight thousand dollars.
For extending and rendering more complete
the meteorological observations conducted at the
| military posts of the L'mtcd states. under the dircc.
i tionof the Surgeon General, three tlious .ud dollars,
j No. 13. For the current cxpcnces of the ordj
nonce service, one hundred thousand dollars.
No. 16. For the armament of fortifications, in.
| eluding compensation of a special agent to attend
j at the foundries employed in making cannon, one
hundred and fifty thousand dollars.
r
No. 17. For ordnance and ordnance stores and
supplies, one hundred thousand dollars.
No. 18. For the manufacture of arms at the
national armories, three hundred and sixty thous|
and dollars; of which sum ten thousand dollars
may, at tiie discretion of the Secretary of War,
be npplie 1 to the purchase of arms'.
No. I'd. For repairs and improvements and
new machinery at Springfield armory, twenty
thousand dollars.
No. 2d. For repairs and improvements and
i new machinery at Harper's Ferry armory, thirty
| thousand dollars,
I No. 21. For arsenals, one hundred and twenty
I thousand dollars.
j No. 22. For purchase of saltpetre and brim,
stone, forty thousand dollars.
For cxpcnccs of preparing drawings of a unij
form system of artillery, one thousand three hunJ
drcd and fifty dollars.
j No. 23. For preventing and suppressing liosti!j
hies in Florida, to be expended under the direci
tion of the Secretary of War, viz: for forage for
the horses of the mounted volunteers and militia,
j and for the horses, mules, and oxen in the service
I of the trains ; for freight or transportation of inili
tary supplies ol' every description from the places
of purchase to Florida ; for the purchase of wagons,
harness, boats, and lighters, and other vessels;
of horses, mule:*, and oxen to keep up the trains;
LAWS OF THE UNITED STATES
^ Passed at the 2d Session of the 21th Congress.
[BY AUTHORITY.]
[PenLie?No. 53.]
AN ACT making appropriations for the support
of the army, and of the military academy, for
the year one thousand eight hundred and forty,
two.
Dt it enacted by the Senate and House of Re.
presentatires of the United States of America in
Congress assembled, That the following sums be,
and the same hereby are, appropriated, to be paid
out of any money in the Treasury not otherwise
appropriated, for the support of the army for the
year one thousand eight hundred and forty-two:
No. 1. For the pay of the army, oue million
1 four hundred and seventy-seven thousand seven
i hundred dollars.
No. 2. For commutation of officers' subsistence,
live hundred and twenty.sevcn thousand two hundred
and sixty four dollars.
No. 3. For commutation of forage of officers'
horses, one hundred and sixteen thousand nine
I f
! hundred and seventy-one dollars,
j No. 4. For commutation of clothing of o.liccra'
) servants, thirty thousend two hundred and forty
i dollars.
For commutation of clothing no", drawn in kind
by the troops, tifty thousand two hundred and forty
dollars.
No. 5. For expenses of recruiting, fifteen thou[
sand seven hundred and nine dollars and thirtysix
cents.
No. 6. For clothing of the army, camp and
gurrisrn equipage, cooking utensils, and hos-pital
i furniture, tnreehund.od and seventy-four thousand
j eight hundred and seventy-six dollars and eighty
I"
I too!?, Icath r, and other material? for repair* ;
' transportation within Florida, including the hire
of steamboats and other vowels, lor service in the
| rivers and on the coast, and the expenses of main*
taining the several steamboats and transport
| schooners connected with the operations of the ar.
I my; hire of mechanic?, laborers, mule-dnvers,
teamster?, an-l other assistant?, including their sub.
sisUncc ; and for miscellaneous and contingent
charg- b, including arrearages, five hundred thousand
dollars: Pruvided, That no more than one
hundred and forty.six thousand two hundred and
ninety-six dollars and seventy-three cents shall be
applied to the payment of arrearages; and no
such arrearages shall be paid unless they are for
services rendered orsupplics furnished in pursuance
of law.
For military surveys for the defence of the Irontier,
inland and Atlantic, fifteen thousand dollars.
For arrearages and for the preservation of the
public property at the several places of harbor and
river improvement, fifteen thousand dollars.
Sec. 2. And be it further enacted, That no
officer in any branch of the public service, or any
other person whose salary, pay, or emoluments, is
or arc fixed by law or regulations, shall receive any
additional pay, extra allowance, or compensation,
in any form whatever, for the disbursement of pub.
lie money, or for any other service or duty what,
soever, unless the same shall be authorized by law,
and the appropriation therefor explicitly set forth
that it is for such addit.cnal pay, extra allowance,
or compensation.
Sec. 3. And be it further enacted, That the
following nums lie, and the same arc hereby, ap.
propria ted, to be paid out of any money in the
j Treasury not otherwise appropriated, for the sup.
poit of the Military Academy for the year one
thousand fight hundred and torty-two, viz :
No. 1. For pay of officers, instructor*, cadet*,
and musicians, sixty thousand five hundred and
twenty-four dollars.
No. 12. For commutation of sulaistenco of officers,
and cadets, forty thousand and stvtnty.se ten ^
cicll.?rs.
No. 3. For commutation of forage of officers'
horeoH, five thousand one hundred and cighty.fcur
dollars.
No. 4. For commutation of clothing of officer*'
servants, four hundred and twenty dollars.
No. 5. For defraying expenses of the Board of
Vi&.ters, an i for the other various cumnt and or
dinary expenses of the Academy, other than pay
and subsistence, twenty-six thousand four hundred
1 and tliirty-six dollars.
1 No. 6. For increase and expense of library, one
, thousand dollars.
For building and repairing the necessary boats,
and for carrying on the improvements on the Mis.
I souri, Mississippi, Ohio, and Arkansas rivers, on?
hundred thousand dollars, under the direction ef
1 the Secretary of War; and for the preservation
and repairs o public works heretofore constructed
i for the improvement of harbors, thirty thousand
j dollars.
JOIIN WHITE,
Speaker of the House of Representative*.
WILLIE P. MANGUM,
President of the Senate pro tempore.
Approved, August 23, 1812.
JOIIN TYLER.
[Pi'BLic?No. 54.]
AN ACT to establish an au.xil.ary watch for the
I protection of public and private property in the
city of Washington.
Be it enacted by the Senate end House of Re.
preventatives of the United Suites of America m
Congress assembled, That there shall be establish,
eci an auxiliary guard or watch fcr the protection
of public and pr.vatc p.opcrty against incendiaries,
and for the enforcement of the police regulations
| of the city of Washington, consisting of a captain,
to be appointed by the mayor of the saiii-frTffTlC
an annual salary of one thousand dollars; and fifteen
other persons, to be employed by the captain,
five of whom shall receive a compensation o:'thirt/ffc
five dollars per month, and the remaining ten a
jcorjjnrnsation of thirty dollars per month.
2. And be it further enacted, That the said
guard shall occupy as a rendezvous such building
or part of a building belonging to the United States
or furnished by the corporation of Washington, as
shall be directed by the President of the United
States, and sStull be subject to such rules and re.
gulat.ons as may be prescribed by a board, to consist
of the mayor of the city of Washington, the
attorney cf the United States for the District of
| Columbia, and the attorney of the corporation of
the said city of Washington, with the approbation
of the President of the United States.
Sec. 3. And be it further enacted, That for the
compensation of said auxiliary guard, and for the
purchase of the necessary and proper implements
to distinguish them in the discharge of their duties,
the sum of seven thousand dollars is hereby appro,
p/iattd, to Ire paid out of any money in the Trea.
sury not otherwise appropriated,
ADnroved. August 23, 1842.
"J* ' V
[Public?No. 55.]
AN ACT to amend an act entitled " An act to
I provide for the payment of horse*, or other pro.
perty, Io*t or destroyed in the military service
of the United States," approved the eighteenth
day of January, eightan hundred and thirty.
j seven.
Be it enacted by the Senate and House of Re.
prcsentatirei of the United States cf America in
Congress assembled, That the above recited act
be so amended as to to embrace the claims of any
field, or staff", or other officer, mounted mihtia-man,
volunteer, ranger, or cavalry, who has or shall su*.
1 tain damage, without any fault or negligence on
hie part, while in the military service of the United
StaUe, by the loss of a horec destroyed or aban.
doncd by order of the conmiandiug general or oth.
cr commanding officer, or by the loss of a homo
by being shot, or otherwise lost or destroyed by
unavoidable accident, without any fault or ncgli.
gcncc of the owner, and when he was in the line
of his duty, and for the lose of necessary equipage
' in consequence of the lot* of his lwree, as aforesaid
! shall be allowed and paid the value thereof at tho
time of entering the service.
See. 2. Be it further enacted, That in auditing
1 ? .1 1-1 :a?a in tUim ?,)
ana sciuuig me eianiio jhuviw ??? ... uu-?
in the act which this b intended to amend, an
appeal may he taken and prosecuted from the
decision of the Auditor rejecting the claim, to the
Second Comptroller of the Treasury, under the
direction of the Secretary, whose decision shall be
conclusive.
See. 3. Ar.d be it further enacted, That it
shall and may be lawful to make compenaition
for horses, bridles, saddles, and equipments, turn
cd over to the rcrvirc of the United Ftqtc?, under