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28 Feb. 1861.

2 June 1862

12 Stat. 413.

Pre-emption rights.

Ibid. 2. Colorado land district.

1.

allowances for clerk hire, office rent, fuel and incidental expenses, shall be the same as those of the surveyor-general of New Mexico, under the direction of the secretary of the interior, and such instructions as he may from time to time deem it advisable to give him.

11. All the lands belonging to the United States to which the Indian title has been or shall be extinguished, shall be subject to the operations of the pre-emption act of the 4th of September 1841, and under the conditions, restrictions and stipulations therein mentioned: Provided, however, That when unsurveyed lands are claimed by pre-emption, notice of the specific tracts claimed, shall be filed, within six months after the survey has been made in the field; and on failure to file such notice, or to pay for the tract claimed within twelve months from the filing of such notice, the parties claiming such lands shall forfeit all right thereto; provided said notices may be filed with the surveyorgeneral, and to be noted by him on the township plats, until other arrangements have been made by law for that purpose.

12. The public lands within the territory of Colorado to which the Indian title is or shall be extinguished, shall constitute a new land district, to be called the Colorado district; and the president is hereby authorized to appoint, by and with the advice and Register and re- consent of the senate, a register and receiver of public moneys for said district, who shall be required to reside at the place at which said office shall be located; and they shall have the same powers, perform the same duties and be entitled to the same compensation, as are or may be prescribed by law in relation to land offices of the United States in the state of Kansas.

ceiver.

1. How annual statistics to be made up.

Commerce.

2. Bureau of statistics. Annual reports. Monthly reports of imports and exports. Report on vessels. System of numbering vessels. Other annual statements. Expenses. Franking privilege.

3. Lading of nitro-glycerine forbidden. Penalty.

2 Mar. 1861 29. 12 Stat. 197.

tistics to be made up.

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1. The annual statistical accounts of the commerce of the United States with foreign countries, required by existing laws, shall hereafter be made up and completed by the How annual sta- register of the treasury, under the direction of the secretary of the treasury, so as to comprehend and include, in tabular form, the quantity by weight or measure, as well as the amount of value, of the several articles of foreign commerce, whether dutiable or otherwise; and also a similar and separate statement of the commerce of the United States with the British provinces, under the late so-called reciprocity treaty with Great Britain.

28 July 1866 13. 14 Stat. 330.

tics.

Annual reports.

2. There shall be established in and attached to the department of the treasury a bureau to be styled "the bureau of statistics," and the secretary of the treasury is Bureau of statis- hereby authorized to appoint a director to superintend and control the business of said bureau, who shall be paid an annual salary of thirty-five hundred dollars. (b) And it shall be the duty of the director of the bureau of statistics to prepare the report on the statistics of commerce and navigation, exports and imports, now required by law to be submitted annually to congress by the secretary of the treasury; and said report, embraoing the returns of the commerce and navigation, the exports and imports of the United States to the close of the fiscal year, shall be submitted to congress in a printed form, on Monthly reports or before the first day of December next succeeding; and the said director, as soon as of imports and exports. practicable after the organization of this office shall, under the direction of the secretary of the treasury, prepare and publish monthly reports of the exports and imports of the United States, including the quantities and values of goods warehoused or withdrawn from warehouse, and such other statistics relative to the trade and industry of the country as the secretary of the treasury may consider expedient. And the director of the bureau of statistics shall also prepare an annual statement of vessels registered, enrolled, and licensed under the laws of the United States, together with the class, name, tonnage and place of registry of each vessel, and such other information as the secretary of the treasury may deem proper to embody therein; and to enable the said director to furnish the information required, the secretary of the treasury shall have power, under such regulations as he shall prescribe, to establish and provide a system of numbering vessels so registered, enrolled and licensed; and each vessel so numbered shall have her num

Report on vessels.

System of numbering.

(a) 1 vol. 610, pl. 40. (b) By act 20 July 1868, the office of director of the bureau of statistics is abolished, and its duties transferred to the special commissioner of the revenue; and the secretary may appoint one

division clerk at the same salary as the head of division, to act as deputy to said special commissioner in respect to said bureau. 15 Stat. 99. See tit. "Internal Revenue," 9.

statements.

ber deeply carved or otherwise permanently marked on her main beam; and if at any 28 July 1866. time she shall cease to be so marked, such vessel shall be no longer recognised as a vessel of the United States. The said director shall also prepare an annual statement of all merchandise passing in transit through the United States to foreign countries, each description of merchandise, so far as practicable, warehoused, withdrawn from warehouse for consumption, for exportation, for transportation to other districts, and remaining in the warehouse at the end of each fiscal year. It shall be the further duty of said Other annual director to collect, digest and arrange for the use of congress, the statistics of the manufactures of the United States, their localities, sources of raw material, markets, exchanges with the producing regions of the country, transportation of products, wages, and such other conditions as are found to affect their prosperity; and to aid him in the discharge of these duties, the several clerks now employed in the preparation of statistics in the treasury department, or any bureau thereof, may be placed under his supervision and direction; and, in addition, the secretary of the treasury shall detail such other clerks as may be necessary to fully carry out the provisions of this act. And the Expenses. expenses of the bureau of statistics for clerical service, publication of reports, stationery, books, and statistical periodicals and papers required by the bureau, shall be defrayed on the order and approval of the secretary of the treasury, out of any moneys

in the treasury not otherwise appropriated. And all letters and documents to and from Franking privilege. the director of the bureau of statistics, relating to the duties and business of his office, shall be transmitted by mail free of postage.

14 Stat. 81.

3. It shall not be lawful to transport, carry or convey, ship, deliver on board, or cause 3 July 1866 § 1. to be delivered on board, the substance or article known or designated as nitro-glycerine or glynoin oil, nitroleum or blasting oil, or nitrated oil, or powder mixed with any such Lading of nitroglycerine forbidoil, or fibre saturated with any such [article] or substance, upon or in any ship, steam- den. ship, steamboat, vessel, car, wagon or other vehicle, used or employed in transporting passengers by land or water, between a place or places in any foreign country and a place or places within the limits of any state, territory or district of the United States, or between a place in one state, territory or district of the United States, and a place in any other state, territory or district thereof; and any person, company or corporation Penalty. who shall knowingly violate the provisions of this section, shall be liable to a fine of not less than one thousand nor more than ten thousand dollars, at the discretion of the court, one-half to the use of the informer.

4. In case the death of any person shall be caused, directly or indirectly, by an explosion of any quantity of said substances or articles, or either of them, while the same is being placed upon or in any such ship, steamship, steamboat, vessel, car, wagon or other vehicle, to be transported, carried or conveyed thereon or therein, in violation of the foregoing section, or while the same is being so transported, carried or conveyed, or while the same is being removed from such ship, steamship, steamboat, vessel, car, wagon or other vehicle, every person who knowingly placed or aided, or permitted the placing of the said substance upon or in such ship, steamship, steamboat, vessel, car, wagon, or other vehicle, to be so transported, carried or conveyed, shall be deemed guilty of manslaughter, and on conviction thereof, shall suffer imprisonment for a period not less than two years.

Ibid. 2.

Criminal liability in case of death

by explosion.

ried.

5. It shall not be lawful to ship, send or forward any quantity of the said substances Ibid. 3. or articles, or to transport, convey or carry the same by a ship, boat, vessel, vehicle or How nitro-glyce conveyance of any description, upon land or water, between a place in a foreign country rine may be carand a place within the United States, or between a place in one state, territory or district of the United States, and a place in any other state, territory or district thereof, unless the same shall be securely enclosed, deposited or packed in a metallic vessel, surrounded by plaster of paris, or other material that will be non-explosive when saturated with such oil or substance, and separated from all other substances; and the outside of the package containing the same, be marked, printed or labelled in a conspicuous manner with the words "Nitro-Glycerine, Dangerous ;" and any person, company or corporation who shall knowingly violate the provisions of this section, shall be liable to a fine of not less than one thousand nor more than five thousand dollars, at the discretion of the court, one-half to the use of the informer.

Ibid. 4.

6. The district court of the United States within the district in which any offence against this act shall be committed, or if committed in or upon any ship, boat, vessel or Jurisdiction of vehicle beyond the territorial limits of any district, then within the district from which the district the same departed, or that in which it shall first arrive, shall have jurisdiction to try and punish the offender under the provisions of this act.

7. This act shall not be so construed as to prevent any state, territory, district, city or town within the United States, from regulating or from prohibiting the traffic in or trans

courts.

Ibid. 5.

3 July 1866.

portation of the said substances between persons and places lying or being within their States' rights not respective territorial limits, or from prohibiting its introduction into such limits for sale, use or consumption therein.

to be affected.

20 June 1866 1. 15 Stat. 96.

8. That the third section of the act of August 18, 1856, (a) entitled "An act to amend an act entitled 'An act requiring foreign regulations of commerce to be laid annually Office of superin- before congress,' approved August 16, 1842, and for other purposes," be and the same is hereby repealed.

tendent of statistics abolished.

(a) 1 vol. 159, pl. 24.

28 July 1866 2 1. 14 Stat. 343.

Commissioners.

1. To have jurisdiction of cases of desertion.

1. The commissioners who now are, or hereafter may be, appointed by the circuit courts of the United States to take acknowledgments of bail and affidavits, and also to To have jurisdic- take depositions in civil causes, shall and may exercise all the powers that any justice of the peace may exercise, under and in virtue of the seventh section of the act passed the 20th of July, Anno Domini 1790,(a) entitled "An act for the government and regulation of seamen in the merchant service."

tion of cases of desertion.

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25 July 18662 1. 14 Stat. 243.

senators.

Congress.

10. By whom duties of clerk to be performed, in case of vacancy.

IV. COMPENSATION OF MEMBERS.

11. How compensation of members to be paid.

12. Payment to widow and heirs, in case of death of a member.

13. When compensation of member elect to commence.

14. Compensation of members elected to fill vacancies.

15. Penalty for abgence.

16. Salary and mileage. Salary of speaker.

17. Additional compensation of officers.

18. Salaries to be payable monthly.

V. CONTINGENT FUND.

19. Payments from contingent fund, how made.

I. ELECTION OF SENATORS.

1. The legislature of each state which shall be chosen next preceding the expiration of the time for which any senator was elected to represent said state in congress, shall, Mode of electing on the second Tuesday after the meeting and organization thereof, proceed to elect a senator in congress, in the place of such senator so going out of office, in the following manner: each house shall openly, by a vivâ voce of each member present, name one person for senator in congress from said state, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house shall be entered on the journal of each house, by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall convene in joint assembly and the journal of each house shall then be read, and if the same person shall have received a majority of all the votes in each house, such person shall be duly declared elected senator to represent said state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint assembly shall then proceed to choose, by a vivâ voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day, during the session of the legislature, and take at least one vote until a senator shall be elected.

Ibid. ? 2.

Elections to fill vacancies.

2. Whenever, on the meeting of the legislature of any state, a vacancy shall exist in the representation of such state in the senate of the United States, said legislature shall proceed on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner herein before provided for the elec

tion of a senator for a full term; and if a vacancy shall happen during the session of the legislature, then, on the second Tuesday after the legislature shall have been organized and shall have notice of such vacancy.

25 July 1866.

3. It shall be the duty of the governor of the state from which any senator shall have Ibid. § 3. been chosen as aforesaid, to certify his election, under the seal of the state, to the presi- Certificates of dent of the senate of the United States; which certificate shall be countersigned by the election. secretary of state of the state.

II. ELECTION OF REPRESENTATIVES.

12 Stat. 353.

4. From and after the third day of March 1863, the number of members of the house 4 March 1862 ? 1. of representatives of the congress of the United States shall be two hundred and fortyone; and the eight additional members shall be assigned one each to Pennsylvania, Number of memOhio, Kentucky, Illinois, Iowa, Minnesota, Vermont and Rhode Island.(a)

bers.

12 Stat. 411.

of California.

5. As the census has never been reliably taken in the state of California until the 2 June 1862 2 1. year 1860, and as it appears that the said state had sufficient population to entitle her to three representatives in the thirty-seventh congress, and as three representatives Representation have been duly elected to the thirty-seventh congress, under the supposition that the said state was entitled to the same, as appears by the certificate of the governor thereof, and as direct taxes have been apportioned to and paid by said state under the census of 1860, therefore the said state shall be allowed three representatives in the thirtyseventh congress, and for that purpose the whole number of representatives is hereby increased one, until the beginning of the thirty-eighth congress.

12 Stat. 572.

6. In each state entitled in the next and any succeeding congress to more than one 14 July 1862 2 1. representative, the number to which such state is or may be hereafter entitled shall be elected by districts composed of contiguous territory, equal in number to the number Members to be elected by single of representatives to which said state may be entitled in the congress for which said districts. election is held, no one district electing more than one representative: Provided, That the provisions of this act shall not apply to the state of California so far as it may affect the election of representatives to the thirty-eighth congress: And provided further, That in the election of representatives to the thirty-eighth congress from the state of Illinois, the additional representative allowed to said state by an act entitled "An act fixing the number of the house of representatives from and after the 3d day of March 1863," approved March 4th 1862, may be elected by the state at large, and the other thirteen representatives to which the state is entitled, by the districts as now prescribed by law in said state, unless the legislature of said state should otherwise provide before the time fixed by law for the election of representatives therein.

III. MEETING OF CONGRESS.

7. In addition to the present regular times of meeting of congress, there shall be a 22 Jan. 1867 § 1. meeting of the fortieth congress of the United States, and of each succeeding congress 14 Stat. 378. thereafter, at twelve o'clock, meridian, on the fourth day of March, the day on which Additional sesthe term begins for which the congress is elected, except that when the fourth of sion of congress. March occurs on Sunday, then the meeting shall take place at the same hour on the next succeeding day.

8. No person who was a member of the previous congress shall receive any compensation as mileage, for going to or returning from the additional session provided for by the foregoing section.

Ibid. § 2.

Mileage not to be allowed.

14 Stat. 397.

9. Before the first meeting of the next congress, and of every subsequent congress, 21 Feb. 1867 21. the clerk of the next preceding house of representatives shall make a roll of the representative elect, and place thereon the names of all persons claiming seats as repre- Organization of sentatives elect from states which were represented in the next preceding congress, congress. and of such persons only, and whose credentials show that they were regularly elected in accordance with the laws of their states respectively, or the laws of the United States.

Ibid. 2.

10. In case of a vacancy in the office of clerk of the house of representatives, or of absence or inability of said clerk to discharge the duties imposed on him by law or (a) Under this and subsequent acts, and the apportionment under the 8th census, the states are entitled to the following representation in congress:

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21 Feb. 1867.

By whom duties

of clerks to be performed, in

case of vacancy.

23 Dec. 1857 1. 11 Stat. 367.

How compensa

tion of members to be paid.

3 March 1859 ? 1. 11 Stat. 442.

Payment to widow and heirs,

custom, relative to the preparation of the roll of representatives or the organization of the house, the said duties shall devolve on the sergeant-at-arms of the next preceding house of representatives; and in case of vacancies in both of the before-mentioned Offices, or of the absence or inability of both the clerk and sergeant-at-arms to act, then the said duties shall be performed by the door-keeper of the next preceding house of representatives.

IV. COMPENSATION OF MEMBERS.

11. That the compensation allowed to members of congress by an act entitled "An act to regulate the compensation of members of congress," approved August 16th 1856, be paid in the following manner, to wit: on the first day of the first session of each congress, or as soon thereafter as he may be in attendance and apply, each senator, representative and delegate shall receive his mileage, as now provided by law, and all his compensation from the beginning of his term, to be computed at the rate of two hundred and fifty dollars per month, and during the session compensation at the same rate. And on the first day of the second or any subsequent session he shall receive his mileage as now allowed by law, and all compensation which has accrued during the adjournment, at the rate aforesaid, and during said session compensation at the same rate.

12. Whenever, hereafter, any person elected a member of the senate or house of representatives shall die after the commencement of the congress to which he shall have been so elected, compensation shall be computed and paid to his widow, or if no in case of death' widow survive him, to his heirs at law, for the period that shall have elapsed from the commencement of such congress as aforesaid, to the time of his death, at the rate of three thousand dollars per annum: (a) Provided, however, That compensation shall be computed and paid in all cases for a period of not less than three months: And provided further, That in no case shall constructive mileage be computed or paid.

of a member.

Ibid. 2.

13. The compensation of each person elected or appointed afterwards to supply the When compensa- vacancy so occasioned, shall hereafter be computed and paid from the time the comtion of member pensation of his predecessor is hereby directed to be computed and paid for, and not otherwise.

elect to com

nience.

12 July 1862217. 12 Stat. 624.

Compensation of

members elected

to fill vacancies.

17 July 1862 2. 12 Stat. 628.

Penalty for ab

sence.

28 July 186617. 14 Stat. 323.

age.

14. In all cases of a vacancy in either house of congress, by death or otherwise, of any member elected or appointed thereto, after the commencement of the congress to which he shall have been elected, each person afterwards elected or appointed to fill such vacancy shall be compensated and paid from the time that the compensation of his predecessor ceased.

15. When any senator or representative shall hereafter withdraw from his seat, in anticipation of the adjournment of congress, and before the adjournment, and does not return, he shall, in addition to the sum now deducted for each day, forfeit a further sum equal to the mileage now allowed by law for his return home; and it shall be deducted from his compensation, unless where said withdrawal is with the leave of the senate or house of representatives respectively.

16. The compensation of each senator, representative and delegate in congress shall be five thousand dollars per annum, to be computed from the first day of the present Salary and mile- congress, and in addition thereto mileage at the rate of twenty cents per mile, to be estimated by the nearest route usually travelled in going to and returning from each regular session; but nothing herein contained shall affect mileage accounts already accrued under existing laws: Provided, That hereafter mileage accounts of senators shall be certified by the president of the senate, and those of representatives and delegates by the speaker of the house of representatives: And provided further, That the pay of the speaker shall be eight thousand dollars per annum.

Salary of speaker.

Ibid. 18.

Additional compensation of officers.

29 March 1867. 15 Stat. 24.

Salaries to be payable monthly.

17. There be allowed and paid to the officers, clerks, committee clerks, messengers, and all other employés of the senate and house of representatives, and to the Globe and official reporters of each house, and the stenographer of the house, and to the capitol police, and the three superintendents of the public gardens, their clerks and assistants, and to the librarian, assistant librarians, messengers, and other employés of the congressional library, an addition of twenty per cent. on their present pay.

18. Each senator, member of the house of representatives and delegate in congress, after having taken and subscribed the required oath, shall be entitled to receive his compensation at the end of each month, at the rate now established by law. V. CONTINGENT FUND.

14 Mar. 1864 @ 1. 19. No payment shall be made from the contingent fund of either house of congress, 13 Stat. 26. unless sanctioned by the committee to audit and control the contingent expenses of

(a) The senate has no power, by resolution, to direct the payment of the salary of a deceased member, to his assignee. Opin. 446.

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