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poses," as allows to persons in the naval service five cents per day in lieu of the spirit ration, is hereby repealed; and from and after that day Commutation thirty cents shall in all cases be deemed the commutation price of the price of navy navy ration. ration.

Pay of officers on the retired

list, not on active duty.

Officers pro

moted on retired

list to have no increase of pay.

Third assistant engineers. Grade on active

SEC. 5. And be it further enacted, That from and after the thirtieth day of June, eighteen hundred and seventy, the pay of all officers of the navy now on or hereafter placed on the retired list shall, when not on active duty, be equal to one half of the highest pay prescribed by this act for officers on the active list whose grade corresponds to the grade held by such retired officers respectively at the time of such retirement, and no officer, heretofore or hereafter promoted upon the retired list, shall, in consequence of such promotion, be entitled to any increase of pay. And retired third assistant engineers shall continue to receive the same rate of pay they have received up to the time of the passage of this act; and the grade of third assistant engineer on the active list is hereby abolished. SEC. 6. And be it further enacted, That no officer of the navy shall, because of misconduct, be placed on the retired list; but he shall be brought to trial by court-martial for such misconduct; nor shall any lieutenant-commander, lieutenant, master, ensign, midslripman, passed assistant surgeon, passed assistant paymaster, first assistant engineer, such list except, assistant surgeon, assistant paymaster, or second assistant engineer be &c. placed on the retired list, except on account of physical or mental disability.

list abolished.

No officer to tired list for misbe placed on reconduct, &c.

Certain officers not to be put on

of the navy

increased pay

mence.

SEC. 7. And be it further enacted, That the pay of an officer of the Pay of officers navy, upon his original entry into the service, except where he is required of th to comto give an official bond, shall commence upon the date of his acceptance mence; of his appointment; but where he is required to give such bond his pay shall commence upon the date of the approval of his bond by the proper authority; that hereafter the increased pay of a promoted officer shall commence from the date he is to take rank as stated in his commis- when to comsion; but if an officer of a class subject to examination before promotion shall be absent on duty, and by reason of such absence, or of other cause not involving fault on his part, shall not be examined at the time required by law or regulation, and shall afterwards be examined and found qualified, the increased rate of pay to which his promotion would entitle him shall commence from the date when he would have been entitled to it had he been examined and found qualified at the time so required by law or regulation; and this rule shall apply to any cases of this description which may have heretofore occurred. And in every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank.

Officers on ac

SEC. 8. And be it further enacted, That any officer of the navy on the active list below the grade of commander, who, upon examination for tive list below, &c. not found, promotion, shall not be found professionally qualified, shall be suspended upon examinafrom promotion for one year, with corresponding loss of date, when he tion, qualified for shall be re-examined, and in case of his failure upon such re-examination, he shall be dropped from the service.

promotion, to be

suspended, &c. for one year, &c. Promotions and numbers in grade of lieutenant-commander. Repeal of act 1866, ch. 281, § 5. Vol. xiv. p. 228.

SEC. 9. And be it further enacted, That no promotion to the grade of lieutenant-commander on the active list shall be made until the number in said grade is reduced below eighty; and thereafter eighty shall be the number allowed by law on said list; and when the number of lieutenantcommanders shall have been so reduced, section five of the " Act to define the number and regulate the appointment of officers in the navy, and for other purposes," approved July twenty-five, eighteen hundred and sixtysix, shall stand repealed. And as the number of lieutenant-commanders is reduced, the number of lieutenants shall be increased, until the number lieutenants to be in the grade of lieutenants on the active list shall be two hundred and until, &c. eighty, which shall thereafter be the number of lieutenants allowed by law on said list.

Number of

increased as,

&c.

Number of

masters and ensigns established.

SEC. 10. And be it further enacted, That the number of masters and ensigns on the active list authorized by law is hereby fixed and established at one hundred in each grade; and ensigns shall hereafter be steerage Ensigns to be officers, unless assigned to duty as watch and division officers; but this steerage officers, unless, &c. shall not be construed as vacating the commission of any master or ensign now in the service.

Number of

paymasters and assistant paymasters estab

SEC. 11. And be it further enacted, That, until the number of passed passed assistant assistant paymasters shall have been reduced below thirty, there shall be no promotion to that grade, nor any appointment to the grade of assistant paymaster; and after such reduction shall have taken place, the number in each of said grades shall not exceed thirty in the former and twenty in the latter.

lished.

Students in Naval Academy to be called

cadet midship

men;

how to be selected and appointed.

1867, ch. 174, § 8.
Vol. xiv.
p. 517.
When to re-
ceive appoint-
ments as mid-
shipmen, how
promoted, &c.

Acts author

SEC. 12. And be it further enacted, That the students in the Naval Academy shall hereafter be styled cadet midshipmen; and they shall be selected and appointed as prescribed in the eighth section of the "Act to amend certain acts in relation to the navy," passed March two, eighteen hundred and sixty-seven, and shall be subject to the laws applicable to the students at said academy, and receive the pay therein prescribed; but this shall not be construed to authorize the appointment of cadet midshipmen from among boys enlisted in the navy. When cadet midshipmen shall have passed successfully the graduating examination at said academy they shall receive appointments as midshipmen, ranking according to merit, and may be promoted to the grade of ensign as vacancies in the number allowed by law in that grade may occur.

SEC. 13. And be it further enacted, That all acts or parts of acts auizing temporary thorizing the appointment of temporary acting officers in the navy be, and the same are hereby, repealed, except as to assistant surgeons.

acting officers except, &c. repealed. Summary courts-martial

upon petty offi

cers, &c.

1855, ch. 136.

Vol. x. p. 627.

Accounts of disbursing offi

cers of the navy,
how to be reu-
dered.

Pub. Res.
No. 48, 1867.
Vol. xiv. p. 571.

Pay of chiefs of bureaus in Navy Depart

ment.

Expenses of naval officer for medical attend

medicines and

ance not to be allowed unless, &c.

Funeral ex

penses.

vatory may con

SEC. 14. And be it further enacted, That summary courts-martial may be ordered upon petty officers and persons of inferior ratings by the commandants of navy yards, naval stations, and marine barracks, in the cases, under the regulations, and with the effect provided for and specified in the "Act to provide a more efficient discipline for the navy," approved March two, eighteen hundred and fifty-five.

SEC. 15. And be it further enacted, That the " Joint resolution to facilitate the settlement of accounts of disbursing officers," approved March two, eighteen hundred and sixty-seven, shall not be construed to apply to disbursing officers of the navy; but such officers shall render their accounts as the same were rendered before the passage of said joint resolution.

SEC. 16. And be it further enacted, That the chiefs of bureaus in the Navy Department shall be entitled to the pay of commodores on shore duty, and, if retired from said office by reason of age or length of service, to the retired pay of that grade.

SEC. 17. And be it further enacted, That expenses incurred by any officer of the navy for medicines and medical attendance shall not be allowed unless they were incurred when he was on duty, and the medicines could not have been obtained from naval supplies, or the attendance of a naval medical officer could not have been had; nor shall any funeral expenses of a naval officer who died in the United States, or expenses for travel to attend the funeral of an officer who died there be allowed; but when an officer on duty dies in a foreign country the expenses of his funeral, not exceeding his sea-pay for one month, shall be defrayed by the government, and paid by the paymaster upon whose books the name of such officer was borne for pay.

Superintendent SEC. 18. And be it further enacted, That the superintendent of the of Naval Obser- Naval Observatory be, and he is hereby, authorized to contract for the tract for refract construction of a refracting telescope of the largest size, of American ing telescope, manufacture, at a cost not exceeding fifty thousand dollars; and the sum of ten thousand dollars is hereby appropriated in part payment therefor.

&c.

Appropriation

in Part.

clause.

SEC. 19. And be it further enacted, That all acts or parts of acts incon- Repealing sistent with this act are hereby repealed. APPROVED, July 15, 1870.

CHAP. CCXCVI.

An Act making Appropriations for the current and contingent July 15, 1870.
Expenses of the Indian Department and for fulfilling Treaty Stipulations with various
Indian Tribes for the Year ending June thirty, eighteen hundred and seventy-one, and for
other Purposes.

Be it enacted by the Senate and House of Representatives of the United
for expenses of
States of America in Congress assembled, That the following sums be, and Appropriations
they are hereby, appropriated, out of any money in the treasury not other- the Indian de
wise appropriated, for the purpose of paying the current and contingent partment and
expenses of the Indian department and fulfilling treaty stipulations with treaty stipula-
the various Indian tribes.

For pay of clerk to superintendent for California, one thousand eight hundred dollars.

For temporary clerks to superintendents, six thousand six hundred dollars.

tions.

Clerks.

For pay of sixty-four interpreters, as follows: Twenty-one for the Interpreters. tribes in Oregon and the Territories of Washington, Utah, and New Mexico, at five hundred dollars each; thirty-six for the tribes elsewhere, at four hundred dollars each; three for the Indian service in Utah, at five hundred dollars each; one for the Shoshones and one for the Utahs, at one thousand dollars each; one for the Sisseton and Wahpeton bands of Sioux, four hundred dollars; and one for the Sacs and Foxes of the Mississippi, now in Tama county, Iowa, four hundred dollars; in all, twenty-nine thousand two hundred dollars.

Agency build-
Vaccination.

For buildings at agencies, and repairs of same, ten thousand dollars. For vaccine matter and vaccination of Indians, two thousand five hun- ings. dred dollars.

Presents and

Rescue and re

For presents to and provisions for Indians, ten thousand dollars. For actual necessary expenses incurred, and that may hereafter be in- provisions. curred, by officers of the Indian department in the rescue of prisoners turn of prisoners from Indian tribes and returning them to their homes, and for expenses from Indians. incident to the arrest and confinement within the territory of the United States, by order of such officers, of persons charged with crimes against with crimes the Indians, five thousand dollars.

Arrest, &c. of persons charged

against Indians. Contingent ex

For contingencies, including travelling, incidental, current, and contingent expenses of superintendents and agents, and of their offices, thirty- penses. eight thousand five hundred dollars.

Apaches, Kiowas, and Co

schools, &c. Subsistence of

For improvement of farms on which Apaches, Kiowas, and Comanches are located in the Indian country, and for the support of schools among manches, farms, them, and other beneficent purposes, to be expended under the direction of the Secretary of the Interior, twenty thousand dollars. For this amount, or so much thereof as may be necessary for the subsistence of the Arapahoe, Cheyenne, Apache, Kiowa, and Comanche In- the Arapahoes, dians, who have been collected and located upon the reservations set apart Apaches, for their use and occupation by the treaties made with them in eighteen Kiowas, and hundred and sixty-seven, two hundred and twenty thousand dollars.

Cheyennes,

Comanches upon reservations.

For this sum, as provided to be expended under the tenth article of the Vol. xv. pp. 584,
treaty of October twenty-one, eighteen hundred and sixty-seven, and under 590.
the third article of the treaty of same date with the Apaches, thirty thousand
dollars.

1 For purchase of clothing, as provide[d] in the same treaties, twenty-six
thousand dollars.

For pay of carpenter, farmer, blacksmith, miller, and engineer, five
thousand two hundred dollars.

For pay of physician and teacher, two thousand five hundred dollars.
For second payment, as provided in the same treaties, to be expended

Arickarees, Gros Ventres, and Mandans.

Assinaboines.

Blackfeet, Bloods, and Piegans.

Calapooias, Molallas, and Clackamas of Willamette valley.

Cheyennes and Arapahoes.

Vol. xv. p. 596.

Chickasaws.

in presents to the ten persons of the said tribes who in the judgment of the agent may grow the most valuable crops for the period named, five hundred dollars.

For pay of carpenter, farmer, blacksmith, miller, and engineer, for the fiscal year ending June thirty, eighteen hundred and sixty-nine, five thousand two hundred dollars.

For transportation of goods, seven thousand dollars.

Arickarees, Gros Ventres, and Mandans. — For this amount, to be expended in such goods, provisions, and other articles as the President may from time to time determine, including insurance and transportation thereof, in instructing in agricultural and mechanical pursuits, in providing employe[e]s, educating children, procuring medicine and medical attendance, care for and support of the aged, sick, and infirm, for the helpless orphans of said Indians, and in any other respect to promote their civilization, comfort, and improvement, forty thousand dollars.

Assinaboines. For this amount, to be expended in such goods, provisions, and other articles as the President may from time to time determine, including insurance and transportation thereof, in instructing in agricultural and mechanical pursuits, in providing employe[e]s, educating children, procuring medicine and medical attendance, care for and support of the aged, sick, and infirm, for the helpless orphans of said Indians, and in any other respect to promote their comfort, civilization, and improvement, thirty thousand dollars.

Blackfeet, Bloods, and Piegans. For this amount, to be expended in such goods, provisions, and other articles as the President may from time to time determine, including insurance and transportation thereof, in instructing in agricultural and mechanical pursuits, in providing employe[e]s, educating children, procuring medicine and medical attendance, care for and support of the aged, sick, and infirm, for the helpless orphans of said Indians, and in every other respect to promote their civilization, comfort, and improvement, fifty thousand dollars.

Calapooias, Molallas, and Clackamas of Willamette Valley. For first of five instalments of the fourth series of annuity for beneficial objects, five thousand five hundred dollars.

Cheyennes and Arapahoes. For third of thirty instalments provided to be expended under tenth article, treaty October twenty-eighth, eighteen hundred and sixty-seven, twenty thousand [dollars.]

For purchase of clothing, as per same article, fourteen thousand five hundred dollars.

For pay of physician and teacher, as per thirteenth article same treaty, two thousand five hundred dollars.

For pay of carpenter, farmer, blacksmith, miller, and engineer, as per same article, five thousand two hundred dollars.

For second of three instalments to be expended in presents to the ten persons of said tribe who in the judgment of the agent may grow the most valuable crops for the respective year, as per fourteenth article same treaty, five hundred dollars.

For transportation of goods, ten thousand dollars.

For pay of carpenter, farmer, blacksmith, miller, and engineer, for the fiscal year ending June thirty, eighteen hundred and sixty-nine, five thousand two hundred dollars.

Chickasaws.

For permanent annuity in goods, three thousand dollars. Bois Fort Band of Chippewas.

For fifth of twenty installments, for Bois Fort Band the support of one blacksmith and assistant, and for tools, iron and steel, of Chippewas. Vol. xiv. p. 765. and other articles necessary for the blacksmith shop, as per third article treaty of April seventh, eighteen hundred and sixty-six, one thousand five hundred dollars.

For fifth of twenty installments for the support of one school-teacher, and for necessary books and stationery, as per third article treaty of April seventh, eighteen hundred and sixty-six, eight hundred dollars.

For fifth of twenty installments for the instruction of Indians in farm- Chippewas. ing, and purchase of seeds, tools, and so forth, as per third article of treaty of April seventh, eighteen hundred and sixty-six, eight hundred dollars.

For fifth of twenty installments of annuity in money, to be paid per capita, as per third article treaty of April seventh, eighteen hundred and sixty-six, three thousand five hundred dollars.

For fifth of twenty installments of annuity in provisions, ammunition, and tobacco, as per third article treaty of April seventh, eighteen hundred and sixty-six, one thousand dollars.

For fifth of twenty installments of annuity in goods and other articles, as per third article treaty of April seventh, eighteen hundred and sixtysix, six thousand five hundred dollars.

For transportation and necessary cost of delivery of annuity goods and provisions, per sixth article treaty of April seventh, eighteen hundred and sixty-six, one thousand five hundred dollars. Chippewas of Lake Superior. For sixteenth of twenty installments in coin, per fourth article treaty thirtieth September, eighteen hundred and fifty-four, five thousand dollars.

For sixteenth of twenty installments in goods, household furniture, and cooking utensils, per fourth article treaty thirtieth September, eighteen hundred and fifty-four, eight thousand dollars.

For sixteenth of twenty installments for agricultural implements and cattle, carpenters' and other tools, and building materials, per fourth article treaty thirtieth September, eighteen hundred and fifty-four, three thousand dollars.

For sixteenth of twenty installments for moral and educational purposes, three hundred dollars of which to be paid to the Grand Portage band yearly, to enable them to maintain a school at their village, per fourth article treaty thirtieth September, eighteen hundred and fifty-four, three thousand dollars.

For sixteenth of twenty installments for six smiths, and assistants, per second and fifth articles treaty thirtieth September, eighteen hundred and fifty-four, five thousand and forty dollars.

For sixteenth of twenty installments for the support of six smiths' shops, per second and fifth articles treaty thirtieth September, eighteen hundred and fifty-four, one thousand three hundred and twenty dollars.

For fourteenth of twenty installments for the seventh smith and assistant, and support of shops, per second and fifth articles treaty thirtieth September, eighteen hundred and fifty-four, one thousand and sixty dollars.

Chippewas of Lake Superior.

Vol. x. p. 1109.

For support of smith and shop, during the pleasure of the President, Vol. xiv. p. 765. as per seventh and twelfth articles of treaty of April seventh, eighteen hundred and sixty-six, six hundred dollars.

For support of two farmers, during the pleasure of the President, as per twelfth article treaty of September thirtieth, eighteen hundred and fifty-four, and seventh article of treaty of April seventh, eighteen hundred and sixty-six, twelve hundred dollars.

For insurance, transportation, and necessary cost of delivery of annuities and provisions for Chippewas of Lake Superior, five thousand dol

lars.

For this amount, to be paid in coin, to enable the Secretary of the Interior to fulfil treaty stipulations relative to the payment of annuities with the Chippewas of Lake Superior, the Chippewas of Saginaw, Swan Creek, and Black river, the Ottawas and Chippewas of Michigan, Indians of the Mackinaw agency, in the State of Michigan, thirty-six thousand seven hundred and fifty-three dollars and forty-seven cents; being the aggregate difference between the coin value of payments made in currency during the years eighteen hundred and sixty-three and eighteen PUB. - 22

VOL. XVI.

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