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to incorporate the National Soldiers' and Sailors' Orphan Home," approved July 25, 1866. Parents and guardians may withdraw children, and minors over sixteen shall be discharged on their written request. [Feb. 22, 1867.] CHAP. LXXVIII-Smuggling.-Amends the 21st section of an act entitled "An act further to prevent smuggling and for other purposes," approved July 18, 1866, by providing that said section shall not apply to any case where the said towing in whole or in part is within or upon foreign waters, and that any foreign railroad company or corporation, whose road enters the United States by means of a ferry or tug boat, may own such boat, and it shall be subject to no other or different restrictions or regulations in such employment, than if owned by a citizen of the United States." [Feb. 25, 1867.]

CHAP. LXXIX.-Judge Advocates in the Army.-Amends the 12th section of chapter 299 of the laws of the first session of the XXXIXth Congress, so as to place the judge advocates thereby authorized to be retained in service upon the same footing in respect to tenure of office and otherwise as other officers of the army of the United States. [Feb. 25, 1867.]

CHAP. LXXXIII.-Passengers in Steam Vessels.-Amends an act entitled "An act further to provide for the safety of the lives of passengers on board of vessels propelled in whole or in part by steam, to regulate the salaries of steamboat inspectors, and for other purposes," approved July 25, 1866, enacts that all vessels navigating the bays, inlets, rivers, harbors, and other waters of the United States, except vessels subject to the jurisdiction of a foreign power, and engaged in foreign trade, and not owned in whole or in part by a citizen of the United States, shall be subject to the navigation laws of the United States; and all vessels propelled by steam, and navigating as aforesaid, shall also be subject to all rules and regulations consistent therewith, established for the government of steam vessels in passing, as provided in the 29th section of an act relating to steam vessels, approved the 30th August, 1852. Every sea-going steam vessel subject to the navigation laws of the United States, shall, when under way, except upon the high seas, be under the control and direction of pilots licensed by the inspectors of steam vessels; vessels of other countries and public vessels of the United States only excepted. [Feb. 25, 1867.]

CHAP. C.-Military Academy.-Makes appropriations for the support of the Military Academy for the fiscal year ending June 30, 1868, and for other purposes. SEC. 4. Declares that no part of the moneys appropriated by this or any other act shall be applied to the pay or subsistence of any cadet from any State declared to be in rebellion against the Government of the United States, appointed after the first day of January, 1867, until such State shall have been restored to its original relations to the Union. [Feb. 28, 1867.]

CHAP. CII-Drafted Men.-Makes provision for the relief of certain drafted men. The Secretary of War is authorized to refund to each person drafted who paid commutation, and was also required to enter the service or furnish a substitute, the sum of $300. SEC. 2. Authorizes the Secretary of War to refund from the commutation money the amount (not exceeding $300 in |

any one case) paid by any person drafted during the late war who furnished a substitute or paid commutation money wherever it shall appear that under the decisions and rules of the War Department governing at the time, the said person was entitled to discharge from the obligation to render personal service under the draft, for which he paid money or furnished a substitute, and to refund in like manner, in all cases wherein it shall appear that a person so having paid commutation money or furnished a substitute, was not legally liable to draft: Provided, That this section shall apply only to claims received at the War Department prior to its passage. [Feb. 28, 1867.]

CHAP. CIII.-Port of Camden.-Annexes the port of Camden to the collection district of Philadelphia. An assistant collector shall reside at Camden, and receive instructions from the collector at Philadelphia. His salary shall be $1,500. The assistant collector may enroll and license certain vessels engaged in the coasting trade and fisheries. [Feb. 28, 1867.]

CHAP. CXLIV.-Public Works Appropriation.--Makes appropriations for the repair, preservation, and completion of certain public works heretofore commenced under the authority of law. [March 2, 1867.]

CHAP. CXLV.-Pay of Army Officers.-Enacts that the pay of army officers below the rank of major-general be increased one-third for two years, and that the increased pay of non-commissioned officers and soldiers be continued for three years from the close of the rebellion, as declared by the President's proclamation of Aug. 20, 1866. The provision as to commutation of rations shall apply to enlisted men who died as prisoners of war, or after their release. The act of 1861, ch. 42, sec. 1, authorizing an assistant secretary of war is repealed. The word "white" shall be stricken out of the acts relating to the militia. The general officers may receive an additional ration for every five years' service. [March 2, 1867.]

CHAP. CXLVI-Deductions from Sentences of Convicts.-Convicts under any law of the United States, confined in prison, conducting themselves well, shall have a deduction of one month in each year made from the term of their sentence. [March 2, 1867.]

CHAP. CXLIX.-Lighthouses.-Authorizes the Secretary of the Treasury to contract for the building, at not over a certain cost, of lighthouses at Trowbridge Point, in Thunder Bay,, Mich.; Mendota, on Lake Superior, Mich.; Santa Cruz, Cal.; Pigeon River, Minn.; Braddock's Point, Ga.; Tybee Island Knoll, Ga.; Morris Island, S. C.; Deepwater Shoals, Va.; Saint Simon's, Ga. [March 2, 1867.]

CHAP. CL.-Montana Territory.-The legislative assemblies of Territories shall not grant special charters, but may pass general incorporation acts for mining, manufacturing, and other industrial purposes. The legislative functions of the Territory of Montana are revived. All acts passed at the two sessions of the so-called legislative assembly of the Territory of Montana, held in 1866, are disapproved and declared null and void, except such acts as the legislative assembly authorized in the present act to be elected shall by special act in each case re-enact. [March 2, 1867.]

SEC. 2. That it shall be the duty of the President to assign to the command of each of said districts an officer of the army not below the rank of Brigadier-General, and to detail a sufficient military force to enable such officer to perform his duties and enforce his authority within the district to which he is assigned.

EC. 3. That it shall be the duty of each officer assigned as aforesaid to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish or cause to be punished all disturbers of the public peace and criminals; and to this end he may allow local civil tribunals to take jurisdiction of and try offenders, or, when in his judgment it may be necessary for the trial of offenders, he shall have power to organize military committees or tribunals for that purpose; and all interference under color of State authority with the exercise of military authority under this act shall be null and void.

SEC. 4. That all persons put under military arrest by virtue of this act shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted, and no sentence of any military commission or tribunal hereby authorized affecting the life or liberty of any person shall be executed until it is approved by the officer in command of the district; and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they may conflict with its provisions. Prorided, That no sentence of death under this act shall be carried into execution without the approval of the President.

SEC. 5. When the people of any one of said Rebel States shall have formed a constitution and government in conformity with the Constitution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State 21 years old and upward, of whatever race, color, or previous condition, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for participation in the Rebellion or for felony at common law, and when such constitution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates, and when such

constitution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors for delegates, and when such constitution shall have been submitted to Congress for examination and approval, and Congress shall have approved the same, and when said State by a vote of its Legislature elected under said constitution shall have adopted the amendment to the Constitution of the United States proposed by the XXXIXth Congress, and known as Article 14, and when said article shall have become part of the Constitution of the United States, said State shall be declared entitled to representation in Congress, and Senators and Representatives shall be admitted therefrom on their taking the oath prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State. Provided, That no person excluded from the privilege of holding office by said proposed amendment to the Constitution of the United States shall be eligible to election as a member of the convention to frame a constitution for any of said Rebel States, nor shall any such person vote for members of such convention.

SEC. 6. Until the people of the said Rebel States shall by law be admitted to representation to the Congress of the United States, all civil governments that may exist therein shall be deemed provisional only, and shall be in all respects subject to the paramount authority of the United States, at any time to abolish, modify, control, and supersede the same, and in all elections to any office under such provisional governments all persons shall be entitled to vote under the provisions of the fifth section of this act. And no person shall be eligible to any office under such provisional governments who would be disqualified from holding office under the provisions of the third article of said Constitutional Amendment. [This bill was passed over the President's veto, on March 2, 1867.]

CHAP. CLIV.-Tenure of Civil Offices.Regulates the tenure of certain civil offices. Sec. 1. Persons holding or appointed to any civil office by and with the advice and consent of the Senate, shall be entitled to hold such office until a successor shall have been in like manner appointed and duly qualified. The Secretaries of State, of the Treasury, of War, of the Navy, and of the Interior, the Postmaster-General, and the Attorney-General, shall hold their offices respectively for and during the term of the President by whom they may have been appointed and for one month thereafter, subject to removal by and with the advice and consent of the Senate. Sec. 2. When civil officers, excepting judges of the United States courts, shall, during a recess of the Senate, be shown, by evidence satisfactory to the President, to be guilty of misconduct in office, or crime, or for any reason shall become incapable or legally disqualified to perform its duties, in such case, the President may suspend such officer and designate some suitable person to perform temporarily the duties of such office until the next meeting of the Senate, and until the case shall be acted upon by the Senate. Such persons shall take the oaths and give the bonds required by law. In such case it shall be the duty of the President, within 20 days after the meeting of the Senate, to report to the Senate such suspension,

with the evidence and reasons for his action in the case, and the name of the person so designated to perform the duties of such office. If the Senate concurs, the President may remove the officer and appoint a successor. If the Senate does not concur, the suspended officer resumes his office, and receives again the official salary and emoluments. The President, in case he shall become satisfied that the suspension by him of a civil officer was made on insufficient grounds, shall be authorized, at any time before reporting the suspension to the Senate, to revoke the suspension and reinstate the officer in the performance of the duties of his office. Sec. 3. The President shall have power to fill all vacancies which may happen during the recess of the Senate, by reason of death or resignation, by granting commissions which shall expire at the end of their next session. And if no appointment, by and with the advice and consent of the Senate, shall be made to such office so vacant or temporarily filled during the next session of the Senate, the office shall remain in abeyance, without any salary, fees, or emoluments attached thereto, until it shall be filled by appointment thereto, by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to the office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. Sec. 4. No term of office, the duration of which is limited by law, shall be extended by this act. Sec. 5. Persons accepting or exercising office contrary to this act, are declared to be guilty of a high misdemeanor, and, upon trial and conviction thereof, shall be punished by a fine not exceeding $10,000, or by imprisonment not exceeding 5 years, or both. Sec. 6. Every removal, appointment, or employment, made, had, or exercised, contrary to the provisions of this act, and the making, signing, sealing, countersigning, or issuing of any commission or letter of authority for or in respect to any such appointment or employment, are declared to be high misdemeanors, and, upon trial and conviction thereof, persons guilty thereof shall be punished by a fine not exceeding $10,000, or by imprisonment not exceeding 5 years, or both: Provided, That the President shall have power to make out and deliver, after the adjournment of the Senate, commissions for all officers whose appointment shall have been advised and consented to by the Senate. Sec. 7. It shall be the duty of the Secretary of the Senate, at the close of each session, to deliver to the Secretary of the Treasury, and to each of his assistants, and to each of the auditors, and to each of the comptrollers in the treasury, and to the treasurer, and to the register of the treasury, a full and complete list, duly certified, of all the persons who shall have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations shall have been made and not confirmed and filled at such session. Sec. 8. The President shall notify the Secretary of the Treasury when he has made an appointment to office without the consent of the Senate; and it shall be the duty of the Secretary of the Treasury thereupon to communicate such notice to all the proper accounting and disbursing officers of his department. Sec. 9. No money shall be paid or received from the treas

ury, or paid or received from or retained out of any public moneys or funds of the United States, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the duties or functions of any office contrary to the provisions of this act; nor shall any claim, account, or other instrument providing for or relating to such payment, receipt, or retention, be presented, passed, allowed, approved, certified, or paid by any officer of the United States, or by any person exercising the functions or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof; and persons who shall violate any of the provisions of this section shall be deemed guilty of a high misdemeanor, and, upon trial and conviction thereof, shall be punished therefor by a fine not exceeding $10,000, or by imprisonment not exceeding 10 years, or both. [The bill was passed over the President's veto on March 2, 1867.]

CHAP. CLV.-Proclamations of the President Declared Valid.-Declares valid and conclusive all acts, proclamations, and orders of the President of the United States, or acts done by his authority or approval after the 4th March, 1861, and before the 1st July, 1866, respecting martial law, military trials by courts-martial or military commissions, or the arrest, imprisonment and trial of persons charged with participation in the late rebellion against the United States, or as aiders or abettors thereof, or as guilty of any disloyal practice in aid thereof, or of any violation of the laws or usages of war, or of affording aid and comfort to rebels against the authority of the United States, and all proceedings and acts done or had by courts-martial or military commissions, or arrests and imprisonments made in the premises by any person by the authority of the orders or proclamations of the President. [March 2, 1867.]

CHAP. CLVI.-Allotment of Judges of the Supreme Court.-The chief justice and associate justices of the Supreme Court of the United States shall be allotted among the circuits by order of the court. New allotments, if necessary, shall be made by the court; or, if they become necessary at any other time than during the term, by the chief justice. A marshal of the Supreme Court of the United States may be appointed by the court with a salary of $3,000 per annum. The marshal, with the approval of the chief justice, may appoint assistant marshals and messengers. [March 2, 1867.]

CHAP. CLVIII.- Department of Education. Establishes at the city of Washington a department of education, for the purpose of collecting such statistics and facts as shall show the condition and progress of education in the several States and Territories, and of diffusing such information respecting the organization and management of schools and school systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country. At the head of the department shall be a commissioner of education, appointed by the President, with the consent of the Senate. He shall receive a salary of $4,000, and shall have authority to appoint a