for the use of the assistant treasurers now to be appointed at those places, respecively; and the said assistant treasurers are to have custody of said rooms, vaults, and safes, and of public moneys therein deposited, and to perform all duties required in relation to such moneys. By subsequent acts the mints at San Francisco, Carson City, and Denver, and the assay office at Boise City are declared to be places of deposit, and the superintendents thereof are made assistant treasurers. See Revised Statutes, sections 3592, 3594.)

ant treasurers

ed, who shall

fices for four

assistant treas

SEC. 5. And be it further enacted, That the President Four assistshall nominate, and by and with the advice and consent to be appoint. of the Senate appoint, four officers to be denominated hold their of "assistant treasurers of the United States," which said years. officers shall hold their respective offices for the term of four years, unless sooner removed therefrom; one Location of of which shall be located at the city of New York, in urers. the State of New York; one other of which shall be located at the city of Boston, in the State of Massachusetts; one other of which shall be located at the city of Charleston, in the State of South Carolina; and one other at St. Louis, in the State of Missouri. And all of which said officers shall give bonds to the United States, with sureties, according to the provisions hereinafter contained, for the faithful discharge of the duties of their respective offices.

NOTE.-The assistant treasurers mentioned in sections 3 and 5 of this act were, with others, provided for by section 3595 of the Revised Statutes. The act of August 15, 1876 (19 Stat. L., 155), abolished the position at Charleston, S. C.

Additional assistant treasurers of the United States were provided for by the following acts:

At Denver, April 21, 1862 (12 Stat. L., 382), the duties to be performed by the superintendent of the mint, but the act of July 12, 1870 (16 Stat. L., 241), abolished the office of such superintendent.

At Baltimore, June 15, 1870 (16 Stat. L., 151), section 3595, Revised Statutes.

At Cincinnati, March 3, 1873 (17 Stat. L., 543), section 3595, Revised Statutes.

At San Francisco, February 12, 1873 (17 Stat. L., 435), section 3595, Revised Statutes.

At Chicago, March 3, 1873 (17 Stat. L., 543), section 3595, Revised Statutes.

At Carson City, March 3, 1863 (12 Stat. L., 770). The duties to be performed by the superintendent of the mint.

At Boise City, February 19, 1869 (15 Stat. L., 270). duties to be performed by the superintendent of the mint.

The

Shall give

bonds.

The Treas. urer, assistant

other officers

The act of June 8, 1878 (20 Stat. L., 102), empowered the Secretary of the Treasury to constitute any superintendent of a mint or assayer of an assay office an assistant treasurer of the United States to receive gold coin and bullion for the purposes provided for in section 254, Revised Statutes.

SEC. 6. And be it further enacted, That the treasurer treasurers, and of the United States, the treasurer of the mint of the having the cus- United States, the treasurers, and those acting as such, of moneys, re the various branch mints, all collectors of the customs, all

tody of public

quired to keep

the same safe

promptly

to

ments and

required to be made, etc.

ly, etc., and Surveyors of the customs acting also as collectors, all faithfully and assistant treasurers, all receivers of public moneys at the make such pay several land offices, all postmasters, and all public officers transfers as are of whatsoever character, be, and they are hereby, required to keep safely, without loaning, using, depositing in banks, or exchanging for other funds than as allowed by this act, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper department or officer, of the government, to be transferred or paid out; and when such orders for transfer or payment are received, faithfully and promptly to make the same as directed, and to do and perform all other duties as fiscal agents of the government which may be imposed by this or any other acts of Congress, or by any regulation of the To act as pen- treasury department made in conformity to law; and also to do and perform all acts and duties required by law, or by direction of any of the Executive departments of the government, as agents for paying pensions, or for making any other disbursements which either of the heads of those departments may be required by law to make, and which are of a character to be made by the depositaries hereby constituted, consistently with the other official duties imposed upon them.

sion agents.

(Sections 7 and 8 provide for the official bonds to be given by the Treasurer of the United States, the treasurer of the mint, the treasurer of the branch mint at New Orleans, the assistant treasurers and other depositaries, and for the renewal and increase of their bonds as occasion may require.

(Sections 9 to 12 repeat without material change the provisions of sections 9 to 13 of the act of July 4, 1840, substituting, however, the assistant treasurers for the receivers-general provided for by that act.

(Section 13 authorizes the necessary expenses for clerks, vaults, etc.

(By section 14 the Secretary of the Treasury is authorized to transfer, at his discretion, balances remaining with any of the present depositaries to any other of them, and also to draw upon such balances in making payments as he may find advisable, but is not to transfer such balances to the depositaries constituted by this act before January 1. 1847.)

the United

patents, to

made.

SEC. 15. And be it further enacted, That all marshals, Payments to district attorneys, and others having public money to States and for pay to the United States, and all patentees wishing to whom to be make payment for patents to be issued, may pay all such moneys to the treasurer of the United States, to the treasurer of either of the mints in Philadelphia or New Orleans, to either of the other assistant treasurers, or to such other depositary constituted by this act as shall be designated by the Secretary of the Treasury in other parts of the United States to receive such payments, and give receipts or certificates of deposit therefor.

(Section 16 requires all officers intrusted with public moneys, except those connected with the Post-Office Department, to keep an accurate account of all receipts and payments; and if any such officer or any officer of the Post-Office Department shall convert to his own use, or use by investment, or loan, or deposit in any bank, or exchange, except as herein allowed, any portion of the public moneys intrusted to him, the act is to be deemed an embezzlement, and is declared to be felony; and any failure to pay over or produce such moneys is to be taken as prima facie evidence of such embezzlement.)

Until the rooms, etc., di

prepared by the

tions of this

structed, oth

cured.

SEC. 17. And be it further enacted, That, until the rooms, offices, vaults, and safes, directed by the first four rected to be sections of this act to be constructed and prepared for the first four secuse of the treasurer of the United States, the treasurers act can be conof the mints at Philadelphia and New Orleans, and the ers to be proassistant treasurers at New York, Boston, Charleston, and St. Louis, can be constructed and prepared for use, it shall be the duty of the Secretary of the Treasury to procure suitable rooms for offices for those officers at their respective locations, and to contract for such use of vaults and safes as may be required for the safe-keeping of the public moneys in the charge and custody of those officers respectively, the expense to be paid by the United

States.

And whereas, by the thirtieth section of the act entitled "An act to regulate the collection of duties imposed

15712-10-10

1789, ch. 5.

by law on the tonnage of ships or vessels, and on goods, wares, and merchandises, imported into the United States," approved July thirty-one, seventeen hundred and eighty-nine, it was provided that all fees and dues collected by virtue of that act should be received in gold and 1800, ch. 55. silver coin only; and whereas, also, by the fifth section of the act approved May ten, eighteen hundred, entitled "An act to amend the act entitled 'An act providing for the sale of the lands of the United States in the Territory North-west of the Ohio, and above the mouth of Kentucky River,'" it was provided that payment for the said lands shall be made by all purchasers in specie, or in evidences of the public debt; and whereas, experience has proved that said provisions ought to be revived and enforced, according to the true and wise intent of the constitution of the United States.

On and after Jan. 1, 1847,

es, etc., accru

shall be paid

silver coin, or

notes.

SEC. 18. Be it further enacted, That on the first day the duties, tax of January, in the year one thousand eight hundred and. ing to the U. S. forty-seven, and thereafter, all duties, taxes, sales of pubin gold and lic lands, debts, and sums of money accruing or becomin treasury ing due to the United States, and also all sums due for postages or otherwise, to the general post-office department, shall be paid in gold and silver coin only, or in treasury notes issued under the authority of the United Monthly pub- States: Provided, That the Secretary of the Treasury shall publish, monthly, in two newspapers at the city of Washington, the amount of specie at the several places of deposit, the amount of treasury notes or drafts issued, and the amount outstanding on the last day of each month.

lication.

On and after April 1, 1847,

to be made in

coin, or in

if the creditor

ceive them.

this and the

SEC. 19. And be it further enacted, That on the first all payments day of April, one thousand eight hundred and fortygold and silver seven, and thereafter, every officer or agent engaged in Treasury notes, making disbursements on account of the United States. agrees to re- or of the general post-office, shall make all payments in gold and silver coin, or in treasury notes, if the creditor Violations of agree to receive said notes in payment; and any receiving preceding sec- or disbursing officer or agent who shall neglect, evade, ported to the or violate, the provisions of this and the last preceding to Congress. section of this act, shall, by the Secretary of the Treasury, be immediately reported to the President of the United States, with the facts of such neglect, evasion, or violation; and also to Congress, if in session; and if not in session, at the commencement of its session next after the violation takes place.

tion to be re

President and

(Section 20 forbids any disbursing officer to make any exchange of funds other than an exchange for gold and silver, and requires every such officer, when the means of disbursement are furnished to him in gold and silver, to make his payments in the same; and when the means are furnished in drafts to make his payments in the money received therefor, unless he can exchange the means in his hands for gold and silver at par. But disbursing officers having credits in the banks may be allowed until January 1, 1847, to check on the same, allowing the public creditors to receive their pay from the banks either in specie or in bank notes.

(Section 21 makes it the duty of the Secretary of the Treasury to make regulations prescribing the time within which drafts on the depositaries shall be presented for payment, but requires him "to guard, as far as may be, against those drafts being used or thrown into circulation as a paper currency or medium of exchange." And no officer shall sell, for a premium, any Treasury note, draft, warrant, or other public security, not his private property, or sell the proceeds of any such note or security in his hands for disbursement, without charging such premium in his accounts to the credit of the United States, under penalty of dismissal.

(Section 22 provides for salaries of assistant treasurers; additional compensation for treasurers of the mint and branch mints, and that no officer shall charge or receive any commission, etc., for official services under pain of fine or imprisonment.

(Section 23 makes an appropriation to carry this act into effect.)

SEC. 24. And be it further enacted, That all acts, or parts of acts, which come in conflict with the provisions of this act be, and the same are hereby, repealed. Approved, August 6, 1846.

ACT OF AUGUST 10, 1846.

Conflicting acts repealed.

106.

CHAP. CLXXX.-An act to provide for the Payment of Stat. the Evidences of public Debt in certain Cases.

Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled, That whenever it shall appear, to the satisfaction of the Secretary of the Treasury, upon due proof

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