Thirtieth
Congress,
thiSecond Session,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.
thiSecond Session,
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.
That from and after the passage of this act, there shall be created a new executive
department of the Government of the United States, to be called the Department of
the Interior; the Head of which Department shall be called the Secretary of the Interior;
who shall be appointed by the President of the United States, by and with the advice
and consent of the Senate; and who shall hold his office by the same tenure, and receive
the same salary as the Secretaries of the other Executive Departments; who shall perform
all the duties assigned to him by this act.
Sec. 2. And be it further Enacted, That the Secretary of the Interior shall exercise
and perform all the acts of supervision and appeal in regard to the office of Commissioner
of Patents, now exercised by the Secretary of State; and the said Secretary of the
Interior shall sign all requisitions for the advance on payment of money out of the
Treasury on estimates or accounts, subject to the same adjustment or—control now exercised
on similar estimates or accounts by the First or Fifth Auditor and First Comptroller
of the Treasury.
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Sec. 3. And be it further enacted, That the Secretary of the Interior shall perform
all the duties in relation to the General Land Office, of Supervision and appeal,
now discharged by the Secretary of the Treasury; and the said Secretary of the Interior
shall sign all requisitions for the advance or payment of money out of the Treasury,
on estimates or accounts approved or certified by the Commissioner of the General
Land Office, subject to the same control now exercised by the First Comptroller of
the Treasury.
Sec. 4. And be it further enacted, That the supervisory power now exercised by the
Secretary of the Treasury over the accounts of the Marshals, Clerks and other officers
of all the Courts of the United States, shall be exercised by the Secretary of the
Interior: who shall sign all requisitions for the advance or payment of money out
of the Treasury on estimates or accounts, subject to the same control now exercised
on like estimates or accounts by the First Auditor and First Comptroller of the Treasury.
Sec. 5. And be it further enacted, That the Secretary of the Interior, shall exercise
the supervisory and appellate powers now exercised by the Secretary of the War Department
in relation to all the acts of the Commissioner of Indian Affairs: and shall sign
all requisitions for the advance or payment of money out of the Treasury on estimates
or accounts, subject to the same adjustment or control now exercised on similar estimates
or accounts by the Second Auditor and Second Comptroller of the Treasury.
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Sec. 6. And be it further enacted, That the Secretary of the Interior shall exercise
the supervisory and appellate powers now exercised by the Secretaries of the War and
Navy Departments in relation to all the Acts of the Commissioner of Pensions; and
shall sign all requisitions for the advance or payment of money out of the Treasury
on estimates or accounts, subject to the same adjustment or control now exercised
on similar estimates or accounts by the Third or Fourth Auditors, and second Comptroller
of the Treasury.
Sec. 7. And be it further enacted, That Secretary of the Interior shall exercise all
the supervisory and appellate powers now exercised by the Secretary of State, in relation
to all acts of Marshals and others in taking and returning the Census of the United
States; and shall sign all requisitions for the advance or payment of money out of
the Treasury on estimates or accounts, subject to the same adjustment or control now
exercised over similar estimates and accounts by the Fifth Auditor and first Comptroller
of the Treasury.
Sec. 8. And be it further enacted, That the supervisory and appellate powers now exercised
by the Secretary of the Treasury over the lead and other mines of the United States,
and over the accounts of the agents thereof, shall be exercised by the Secretary of
the Interior; who shall sign all requisitions for the advance or payment of money
out of the Treasury on estimates or accounts subject to the same adjustment or control
now exercised on similar estimates or accounts by the Second Auditor and second Comptroller
of the Treasury.
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Sec. 9 And be it further enacted, That the supervisory and appellate powers now exercised
by the President of the United States, over the Commissioner of Public Buildings,
shall be exercised by the Secretary of the Interior, who shall sign all requisitions
for the advance or payment of money out of the Treasury on estimates or accounts,
subject to the same adjustment or control now exercised on similar estimates or accounts
by the First Auditor and First Comptroller of the Treasury: Provided, that nothing in this section contained shall be construed to take from the presiding
officers of the two Houses of Congress the power now possessed by them, to make and
enforce rules and regulations for the Care, preservation, orderly keeping and police
of the Capitol and its appurtenances.
Sec 10. And be it further enacted, that the Secretary of the Interior shall have and
exercise a supervisory power and control over the Board of Inspectors and Wardens,
of the Penitentiary of the District of Columbia; and shall sign all requisitions for
the advance or payment of money out of the Treasury on estimates or accounts subject
to the same adjustment or control now exercised on similar estimates or accounts by
the First Auditor and First Comptroller of the Treasury.
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Sec 11. And be it further enacted That the Secretary of the Interior is hereby authorized
to appoint a chief clerk of his department, who shall receive a salary of two thousand
dollars per annum; and that the President of the United States on the recommendation
of the said Secretary of the Interior, may transfer from the Treasury Department proper,
to the Department of the Interior, such clerks in the office of the Secretary of the
Treasury as perform the duties over which the supervision and control are given by
this act to the Secretary of the Interior, which said clerks shall be here after subject
to the appointing and removing power of the Secretary of the Interior, as also the
clerks in the several bureaus heretofore appointed, or removable by the Heads of Departments,
which bureaus are transferred by this act to the Department of the Interior.
Sec 12 And be it further enacted That an officer shall be appointed by the President
of the United States, by and with the advice and consent of the Senate, in the Department
of the Treasury, as one of its bureaus, to be called the Commissioner of Customs who
shall perform all the acts and exercise all the powers now devolved by law on the
First Comptroller of the Treasury, relating to the receipts from customs and the accounts
of Collectors and other officers of the
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customs or connected therewith, who shall hold his office by the same tenure, and
receive the same amount of salary as the First Auditor of the Treasury, and payable
in the same manner; And the Secretary of the Treasury shall transfer from the office
of the First Comptroller, such clerks, as may be necessary to the bureau of the Commissioner
of Customs for whom the said Secretary of the Treasury shall also appoint one chief
clerk at a salary of seventeen hundred dollars per annum.
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Sec 13 And be it further enacted, that an officer shall be appointed in the Treasury
Department by the Secretary of the Treasury, to be called the Assistant Secretary
of the Treasury, whose salary shall be three thousand dollars per annum, payable in
the same manner as that of the Secretary of the Treasury, who shall examine all letters,
contracts and warrants prepared for the signature of the Secretary of the Treasury,
and who shall perform all such other duties in the office of the Secretary of the
Treasury now performed by some of his clerks, as may be devolved on him by the Secretary
of the Treasury, who shall also appoint a clerk at a salary of seventeen hundred
dollars per annum, who shall perform such duties as a clerk in the Treasury Department
in aid of said Assistant Secretary, as may be assigned to him by the Secretary of
the Treasury.
Sec 14. And be it further enacted, That the Secretary of the Treasury shall transfer
from the office of the First Comptroller one of his messengers to perform the same
duties in the office of the Commissioner of Customs, as also such portion of the contingent
fund of the office of the First Comptroller, as may be required in that of the
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Commissioner of Customs, in consequence of the transfer of clerks from one office
to another, or the transfer of a messenger from that office to another: And the Secretary
of the Treasury shall transfer one of his messengers to the office of the Secretary
of the Interior, as also such portion of the contingent fund of the office of the
Secretary of the Treasury as may be required in the office of the Secretary of the
Interior, in consequence of the transfer of clerks from one Department to the other.
Sec. 15. And be it further enacted, that nothing in this act contained shall be so
construed as to affect or impair any of the powers conferred or duties devolved, on
the Secretary of the Treasury, in relation to the transfer, safe keeping or disbursement
of public monies by the act of the Sixth of August, one thousand eight hundred and
forty six entitled “an act to provide for the better organization of the Treasury,
and for the collection, safe keeping, transfer and disbursement of the public revenue.”
[ certification
]
02/15/1849
Clerk.
02/15/1849
Passed the House of Representatives,
February 15th AD. 1849.
Attest
Tho. J CampbellFebruary 15th AD. 1849.
Attest
Clerk.
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[ docketing
]
H. R. 764.
[ docketing
]
An Act
To establish the Home Department and to provide for the Treasury Department an assistant Secretary of the Treasury, and a Commissioner of the Customs.
To establish the Home Department and to provide for the Treasury Department an assistant Secretary of the Treasury, and a Commissioner of the Customs.
[ certification
]
03/03/1849
Secretary
03/03/1849
In Senate of the United States
March 3d, 1849.
Resolved, That this Bill pass.
Attest
Asbury DickinsMarch 3d, 1849.
Resolved, That this Bill pass.
Attest
Secretary
[ docketing
]
Finance
Partially Printed Document, 16 page(s), Volume Volume 2, RG 233, Entry 362: Records of the United States House of Representatives, Thirtieth Congress, 1847-1849, Records of Legislative Proceedings, Bills and Resolutions Originating in the House, 1847-1849, NAB