or in part, any contract or agreement hereafter to be made or entered into with any officer of the United States, in their behalf, or with any person authorized to make contracts on the part of the United States; and if any member of Congress shall, directly or indirectly, himself, or by any other person whatsoever in trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake or execute, any such contract or agreement, in the whole or in part, every member so offending shall, for every such offence, upon conviction thereof before any court of the United States, or of the territories thereof, having cognizance of such offence, be adjudged guilty of a high misdemeanor, and shall be fined three thousand dollars; and every such contract or agreement as aforesaid shall, moreover, be absolutely void and of no effect: Provided, nevertheless, That in all cases where any sum or sums of money shall have been advanced on the part of the United States, in consideration of any such contract or agreement, the same shall be forthwith repaid; and in case of refusal or delay to repay the same, when demanded, by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or delaying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum or sums of money advanced as aforesaid.

SEC. 2. That nothing herein contained shall extend, or be construed to extend, to any contract or agreement made, or entered into, or accepted, by any incorporated company, where such contract or agreement shall be made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange, or other property, by any member of Congress, where the same shall be ready for delivery, and for which payment shall be made at the time of making or entering into the contract or agreement.

SEC. 3. That in every such contract or agreement, to be made, or entered into, or accepted, as aforesaid, there shall be inserted an express condition that no member of Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.

SEC. 4. If any officer of the United States, on behalf of the United States, shall, directly or indirectly, make or enter into

any contract, bargain, or agreement, in writing or otherwise, other than such as are herein excepted, with any member of Congress, such officer so offending, on conviction thereof before any court having jurisdiction thereof, shall be deemed and taken to be guilty of a high misdemeanor, and be fined in a sum of three thousand dollars.

SEC. 5. That, from and after the passing of this act, it shall be the duty of the secretary of the treasury, secretary of war, secretary of the navy, and the postmaster-general, annually, to lay before Congress a statement of all the contracts which have been made in their respective departments during the year preceding such report, exhibiting in such statement the name of the contractor, the article or thing contracted for, the place where the article was to be delivered, or the thing performed, the sum to be paid for its performance or delivery, the date and duration of the contract.1

[Approved, April 21, 1808.]

CHAPTER 55.-Approved, April 23, 1808.-Vol. 2, p. 490.

An Act making provision for arming and equipping the whole body of the Militia of the United States.

1. The annual sum of $200,000 appropriated to provide arms, &c., for the whole body of the militia, &c. 3. The arms procured in virtue of this act to be transmitted to the several states and territories, in proportion to the number of effective militia, &c.

That the annual sum of two hundred thousand dollars be, and the same hereby is, appropriated' for the purpose of providing arms and military equipments for the whole body of the militia of the United States, either by purchase or manufacture, by and on account of the United States.

SEC. 2. That the President of the United States be, and he hereby is, authorized to purchase sites for, and erect, such additional arsenals and manufactories of arms as he may deem expedient, under the limitations

1 See res. 53, 12 July, 1862, requiring weekly advertisement of contracts and offers.

2 Out of any money in the treasury not otherwise appropriated, by chap. 135, 29 April, 1816.

3 To District of Columbia, by 3 March, 1825, chap. 18, post.

and restrictions1 now provided by law: Provided, also, That so much of any law as restricts the number of workmen in the armories of the United States to one hundred men, be, and the same hereby is, repealed.2

SEC. 3. That all the arms procured in virtue of this act shall be transmitted to the several states composing this union, and territories thereof, to each state and territory, respectively, in proportion to the number of the effective militia in each state and territory, and by each state and territory to be distributed to the militia in such state and territory, under such rules and regulations as shall be by law prescribed by the legislature of each state and territory.

[Approved, April 23, 1808.]

CHAPTER 58.-Approved, April 25, 1808.-Vol. 2, p. 496.

An Act concerning invalid pensioners.

3. Secretary of war to place on pension list persons disabled in the Revolution. 4. And those disabled in service. 5. To be paid as prescribed.

SEC. 3. That the secretary at war be, and he is hereby, authorized and directed to place on the pension list of the United States, all persons who now remain on the pension list of any of the states, and who were placed on the same in consequence of disability occasioned by known wounds received during the revolutionary war, whether such person or persons served in the land or sea service of the forces of the United States, or of any particular state, in the regular corps, or the militia, or as volunteers: Provided, That in no case the pensions allowed to such person or persons shall exceed the sums specified by the sixth section of an act intituled "An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed the tenth day of April, one thousand eight hundred and six: And Provided, That in every case where application shall be made, to have such person or persons plaeed on the pension list of the United States, under this law, satisfac

The 2 April, 1794, chap. 14, ante, and the 7 May, 1800, chap. 46, ante.
See 2 April, 1794, chap. 14, ante.

3 According to representation in Congress, by sec. 7, chap. 169, 3 March, 1835. 4 Now of the Interior.

5 Chap. 25, ante.

tory documents from the proper officers of the state, shall be adduced to establish the fact of such person or persons having been placed on the state pension list in consequence of disability occasioned by known wounds received during the revolutionary war.

SEC. 4. That any officer, non-commissioned officer, musician, or private, who has been wounded or disabled since the revolutionary war, while in the line of his duty, in the actual service of the United States, whether he belong to the military establishment, or the militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the pension list of the United States, at such rate of compensation, and under such regulations, as are prescribed by the act intituled "An act1 to provide for persons who were disabled by known wounds received in the revolutionary war," passed April the tenth, one thousand eight hundred and six.

SEC. 5. That the pensioners becoming such in virtue of this act, shall be paid in the same manner2 as invalid pensioners are paid, who have heretofore been placed on the pension list of the United States, under such restrictions and regulations in all respects, as are prescribed by the laws of the United States, in such cases provided.

[Approved, April 25, 1808.]

CHAPTER 28.-Approved, March 3, 1809.-Vol. 2, p. 535.

An Act further to amend the several acts3 for the establishment and regulation of the Treasury, War, and Navy Departments.

1. Warrants charged to appropriations. Payments charged to appropriations. Separate accounts reported to Congress. The President, in the recess, may order appropriation for one to be applied to another branch of expenditure, and laid before Congress. 2. Comptroller to settle accounts. Annual statement of delinquencies to Congress by him. 3. No special agents for purchases and contracts. Appointments during the recess of agents; number and compensation of. Not over one per cent. 4. Bonds of. To deposit public money in banks. 5. Purchases for supplies, how made. Annual statement of, made to Congress.

1

Chap. 25, ante; and see chap. 166, 14 July, 1862.

And at the seat of government, if no pension agents have been appointed, by the 7 January, 1809, chap. 4.

3 See the end of this act for list of acts on the subject of this chapter.

That all warrants drawn by the secretary of the treasury, or of war, or of the navy, upon the treasurer of the United States, shall specify the particular appropriation or appropriations to which the same should be charged: the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation or appropriations, in the books kept in the office of the comptroller of the treasury, in the case of warrants drawn by the secretary of the treasury, and in the books of the accountants of the war or navy department respectively, in the case of warrants drawn by the secretary of war, or by the secretary of the navy; and the officers, agents, or other persons, who may be receivers of public moneys, shall render distinct accounts of the application of such moneys according to the appropriation or appropriations under which the same shall have been drawn, and the secretary of war and of the navy shall, on the first day of January, in each and every year, severally report to Congress a distinct account of the expenditure and application of all such sums of money as may, prior to the thirtieth day of September preceding, have been by them respectively drawn from the treasury in virtue of the appropriation law of the preceding year, and the sums appropriated by law for each branch of expenditure in the several departments shall be solely applied to the objects for which they are respectively appropriated, and to no other: Provided, nevertheless, That during the recess of Congress, the President of the United States may,' and he is hereby authorized, on the application of the secretary of the proper department, and not otherwise, to direct, if in his opinion necessary for the public service, that a portion of the moneys appropriated for a particular branch of expenditure in that department, be applied to another branch of expenditure in the same department, in which case a special account of the moneys thus transferred, and of their application, shall be laid before Congress during the first week of their next ensuing session.

1 But appropriations for one year not to be transferred in another year to a different branch of expenditure, by the 1 May, 1820, chap. 52, sec. 4.

The power of transfer of appropriations is repealed, as to the navy department, by the 31 Aug. 1842, chap. 286, sec. 11, and by the 31 Aug. 1852, chap. 109, sec. 2; and, as to the war department, by the 31 Aug. 1852, chap. 110, sec. 2, except as to forage, medical and hospital and quartermaster's departments.

And see, for transfers after two years to the surplus fund, the 31 Aug. 1852, chap. 08. sec. 10.

2 Except as set forth in the 3 March, 1817, chap. 96, or the 1 March, 1820, chap. 52, sec. 4; and see 1 May, 1820, chap. 52, sec. 4, and the 6 April, 1838, chap. 54, sec. 1.