Public Law 39–CXLIV

That the following sums of money be, and the same are hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated, to be expended under the direction and superintendence of the Secretary of War, for the repair, preservation, and completion of the following works heretofore commenced under the authority of law, and for the other purposes hereinafter named, that is to say:—

Examinations and surveys.

For examination and survey of works of improvement for which appropriations have been heretofore made, and concerning which no sufficient information is now in possession of the department, and for examination and survey at other points in the fourth and fifth sections of this act specified,

On Atlantic and Pacific coasts;

northwestern lakes;

western, &c. rivers.

Re-examinations, &c. to be made and plans may be changed.

Other harbors to be examined to determine the improvements required and their cost.

that is to say: On the Atlantic coast, thirty thousand dollars; on the Pacific coast, twenty-five thousand dollars; on the northwestern lakes, seventy-five thousand dollars; on the western and northwestern rivers, one hundred and twenty-five thousand dollars. And the Secretary of War, when the public interests require it, shall cause examinations or re-examinations to be made, with suitable surveys, of the works aforesaid and all other works provided for by this act, and shall make such changes or modifications of the plans heretofore adopted for their improvement as shall be necessary and proper. And he shall cause such needful examination of other harbors and places in the fourth and fifth sections of this act specified, upon the sea and lake coasts and on western rivers, to be made as will enable him to determine what improvements thereof are required to render them safe and convenient for the navigation of the naval and commercial vessels of the United States, and the costs of such improvements;

Report to Congress.

and he shall make full report thereof, and of the plans deemed advisable therefor, to Congress on the first Monday of December next, for such action as may be judged expedient and right. And if, upon such examination and survey of works first herein named, being works now existing or in process of completion, and concerning which no information is now in the possession of the department, there shall remain an unexpended balance of appropriation, properly applicable there- THIRTY-NINTH CONGRESS. Sess. II. Ch. 144. 1867. to, from the sums herein appropriated, which may, in the judgment of the

Balance of existing appropriations may be applied to continue. &c. such works, when, &c.

Secretary of War, be judiciously applied towards the economical and needful continuation or completion of such works, the Secretary of War shall direct such balance to be applied and used accordingly; but no moneys shall be used for such purposes, excepting from the balances remaining from appropriations herein made for the specific examination and survey of such works.

For extending the pier at Erie harbor, Pennsylvania, and dredging

Erie harbor.

channel through to outer bar, twenty-five thousand dollars.

For improvement at mouth of Conneaut river, Ohio, ten thousand dollars.

Conneaut river.

For improvement at Ashtabula harbor, Ohio, fifty-four thousand dollars.

Ashtabula

For improvement of works at Grand River harbor, Ohio, sixty thousand

Grand River.

dollars.

For improvement of Sandusky river, from Fremont to Lake Erie, in

Sandusky river.

Ohio, twenty thousand dollars.

For improvement of Maumee bay, Ohio, twenty thousand dollars.

Maumee bay.

For improvement of St. Clair flats, in Michigan, one hundred and fifty

St. Clair flats.

thousand dollars, to be expended in accordance with the plans and specifications of Colonel T. J. Cram, in his report of December tenth, eighteen hundred and sixty-six.

For improvement at mouth of Saginaw river, Michigan, twenty-eight

Saginaw river.

thousand dollars.

For improvement of St. Mary’s river, Michigan, fifty thousand dollars.

St. Mary’s river.

For improving mouth of Au Sable river, Lake Huron, fifty thousand

Au Sable river.

dollars.

For improving Marquette harbor, Lake Superior, eighty-five thousand

Marquette harbor.

dollars.

For improving Eagle harbor, Lake Superior, sixty-five thousand dollars.

Eagle harbor.

For improving harbor at Superior City, Wisconsin, sixty-three thousand

Superior City.

dollars.

For improving harbor of Aux Bees Scies, Michigan, ten thousand dollars.

Aux Becs Scies.

For improvement of Grand River harbor, Michigan, forty thousand

Grand River.

dollars.

For improvement of Black Lake harbor, Michigan, fifty-one thousand

Black Lake.

dollars.

For improving harbor of St. Joseph, Michigan, twenty-three thousand

St. Joseph.

dollars.

For improving harbor at Racine, Wisconsin, forty-five thousand dollars.

Racine.

For improving harbor of Sheboygan, Wisconsin, eight thousand dollars.

Sheboygan.

For improving harbor of Manitowoc, Wisconsin, forty-five thousand

Manitowoc.

dollars.

For improving harbor of Green Bay, Wisconsin, forty-five thousand

Green Bay.

dollars.

For improving harbor of Manistee, Michigan, sixty thousand dollars.

Manistee.

For improvement of White River harbor, Michigan, fifty-seven thousand

White River.

dollars.

For improvement of Muskegon harbor, Lake Michigan, fifty-nine thousand

Muskegon.

dollars.

For improving harbor of South Haven, Michigan, forty-three thousand

South Haven.

dollars.

For improving harbor of New Buffalo, Michigan, sixty thousand dollars.

New Buffalo.

Dunkirk.

For improving harbor of Dunkirk, New York, one hundred thousand dollars.

Buffalo.

For improving harbor of Buffalo, New York, one hundred thousand dollars.

Olcott.

For improving harbor at Olcott, New York, at mouth of Eighteen-mile creek, sixty thousand dollars.

Oak Orchard.

For improvement at harbor of Oak Orchard, New York, eighty-seven thousand dollars.

Big Sodus bay.

For improving harbor of Big Sodus bay, New York, eighty thousand dollars.

Little Sodus bay.

For improving harbor of Little Sodus bay, New York, fifty thousand dollars.

Oswego.

For improving harbor at Oswego, New York, sixty thousand dollars.

Plattsburg.

For improving harbor of Plattsburg, New York, twenty-six thousand dollars.

Kennebec river.

For completing the improvement of the navigation of the Kennebec river, Maine, between Shepard’s Point and Augusta, thirty thousand dollars.

Ogdensburg.

For improving harbor of Ogdensburg, New York, forty thousand dollars.

Burlington.

For improving the harbor of Burlington, Vermont, eighty thousand dollars.

Thames river.

For improvement of Thames river, Connecticut, thirty-six thousand dollars.

St. Croix river.

For the purpose of improving the navigation of the St. Croix river, Maine, above the ledge, fifteen thousand dollars: Provided, The province

Province of New Brunswick to pay the like sum, &c.

of New Brunswick shall contribute and pay to the proper disbursing officer a like sum for said purpose, said payment being made on condition that in no event shall the province of New Brunswick be called upon for more than half the sum actually expended for said purpose.

Hudson river.

For improvement of Hudson river, New York, from Troy to Baltimore, three hundred and five thousand one hundred and eighty-eight dollars.

Marcus Hook.

For improving harbor of Marcus Hook, Pennsylvania, ninety-four thousand dollars.

Chester harbor.

For improvement of Chester harbor, Pennsylvania, eleven thousand dollars,

Delaware breakwater.

For improvement of Delaware breakwater, Delaware bay, one hundred and nine thousand four hundred and ninety-three dollars and seventy cents.

Patapsco river.

For improvement of Patapsco river, Maryland, seventy-five thousand dollars.

Mississippi river.

For improvement of mouth of Mississippi river, two hundred thousand dollars.

Ohio river.

For improvement of Ohio river, one hundred thousand dollars.

Saco river.

For improvement of Saco river, Maine, forty thousand dollars.

Boston harbor.

For preservation and improvement of Boston harbor, Massachusetts, three hundred and seventy-five thousand dollars.

Improving the navigation of the Mississippi river at Des Moines;

Canal to be free of tolls.

For improving navigation on the Mississippi river at Des Moines or Lower rapids, according to such plan as the Secretary of War shall on the report of a board of engineers approve, five hundred thousand dollars: Provided, however, That any canal that may be constructed around said Des Moines or Lower rapids of the Mississippi river shall be and forever remain free to the navigation and commerce of said river; and no tolls shall ever be collected thereon.

Rock Island rapids.

For improving navigation of Mississippi river at Rock Island rapids, two hundred thousand dollars.

Ontonagon harbor.

For improving harbor of Ontonagon, Michigan, ninety-seven thousand six hundred dollars.

For building and operating two dredges and snag-boats, to be used on

Dredges and snag-boats on the Mississippi river;

the Mississippi river between Fort Snelling and Rock Island rapids, ninety-six thousand dollars.

For building and operating one dredge or snag-boat on the Wisconsin

the Wisconsin river.

river, forty thousand dollars.

For improving harbor of Pentwater, Lake Michigan, fifty-five thousand

Harbor of Pentwater;

dollars.

For improving harbor of Pere Marquette, Lake Michigan, fifty thousand

Pere Marquette.

dollars.

To improve the navigation of the Willamette river, Oregon, below the

Willamette river.

city of Portland, thirty thousand dollars.

For removing snags and boulders throughout the Minnesota river,

Snags, &c. in the Minnesota river.

thirty-seven thousand five hundred dollars.

For improvement of Providence river, Rhode Island, off Pawtuxet bar,

Providence river.

and at the Crook, twenty-five thousand dollars.

For improvement of the Pawtucket river, Rhode Island, seventeen

Pawtucket river.

thousand dollars.

Sec. 2.

And be it further enacted, That the appropriation of seventy-five

Former appropriation for harbor at Michigan City how to be expended.

1866, ch. 138.

Ante, p. 73.

Double the amount must have been expended by the Michigan City Harbor Company.

Vessels not to be subject to toll.

Appropriations to be so applied as to complete the works;

for other purposes than for examinations, &c. by contract;

how to be expended when the work cannot be the subject of contract.

Contracts not to be made until, &c.

Secretary of War to report results of surveys to Congress with plans, &c.

Report to state what;

thousand dollars for constructing works, and improving the entrance into the harbor of Michigan City, Indiana, made in and by the act approved June twenty-third, eighteen hundred and sixty-six, shall be expended for the purposes aforesaid, upon the terms, and in the manner hereinafter provided for other appropriations under this act: Provided, That it shall be first shown to the satisfaction of the Secretary of War that the sum of one hundred thousand dollars has been expended by the Michigan City Harbor Company in the construction of a safe and convenient harbor at that place: And provided, That the passage of vessels to and from said harbor shall be free, and not subject to toll or charge, and the money appropriated by this act shall be so applied as to complete or make the nearest approximation to completing the work for which each specific appropriation is made; and it shall be the duty of the Secretary of War to apply the sums herein appropriated for other purposes than for examinations and surveys by contract: Provided, however, That when, from the nature of the work to be done, the same cannot, in the judgment of the Secretary, be made the subject of contract, the necessary expenditure may be otherwise ordered: Provided, That no contract shall be made except after public advertisement for proposals, in such form and manner as to secure general notice thereof, and the same shall only be made with the lowest responsible bidder therefor, upon security deemed sufficient in the judgment of the Secretary. And it shall be the duty of the said Secretary, at the earliest practicable time, to report to Congress the result of any survey or resurvey, with the plan adopted and the items of expenditure under said plan; and he shall make report of all action taken under the provisions of this act, and he shall accompany said report with a statement of the amount and date of all former appropriations for each work, and a full estimate for its entire and permanent completion, with the amount that can be profitably expended in the next fiscal year; and he shall also state in what collection district each work is located, and at or near what port of entry, lighthouse, or port, what amount of revenue was collected at the nearest port of entry for the last fiscal year, and, as far as practicable, what amount of commerce and navigation would be benefited by the completion of each particular work: Provided, That he

to be continued until works are completed.

shall continue to make such a report the first Monday of December, annually, until the works herein provided for shall be completed.

Sec. 3.

And be it further enacted, That whenever the Secretary of

Separate proposals and contracts for each work and each class of works, &c.

War shall invite proposals for any works, or for any material or labor for any works, there shall be separate proposals and separate contracts for each work, and also for each class of material or labor for each work, and he shall report to Congress, on the first Monday of December next, THIRTY-NINTH CONGRESS. Sess. II. Ch. 144, 145. 1867.

Disbursing officers except, &c. to give bonds.

all the bids with the names of the bidders. All persons not holding commissions in the regular army of the United States, who shall be intrusted with the disbursement of the funds appropriated for the works named in this act. shall be required to give bond and ample security for the faithful

United States officers not to receive commissions for disbursements.

Appropriations to be at the disposal of the Secretary of War.

application of the same, and no such disbursing officer in the army of the United States shall receive any commission or compensation for making such disbursements. And the moneys hereinbefore appropriated shall remain and be at the disposal of die Secretary of War, and subject to his control for the purposes named in this act, until the several works and improvements herein provided for are completed, any law or regulation to the contrary notwithstanding.

Sec. 4.

And be it further enacted, That the Secretary of War is hereby directed to cause examinations or surveys, or both, as aforesaid, to be made at the following points, namely: At the harbor of San Francisco, California, with a view to the removal of “Blossom Rock,” if the same should be found necessary and essential to commerce; at Crescent city harbor, California; at Duxbury beach, Massachusetts; at mouth of Menomonee river, Green bay; at Saugatuck harbor, mouth of Kal[a]mazoo river, in Michigan; at Port Clinton, in Ohio; at Pultneyville, Lake Ontario, New York; and of the Tennessee river, from Chattanooga to its mouth; at Reedy island and Liston (tree) point, in the Delaware river and bay; at Richmond’s island, Cape Elizabeth, the Union river and the Gut opposite the city of Bath, Maine; the Connecticut river, between Hartford and its mouth; at Block Island, in the State of Rhode Island, the reefs in Lake Michigan, near the harbor of Racine, in Wisconsin, with a view to a lighthouse and breakwater thereon; and the Potomac river, in the District of Columbia.

Sec. 5.

And be it further enacted, That the Secretary of War is hereby directed to cause a continuance of examinations or surveys, or both, at the following points, namely: Of the Mississippi river, above the Falls of Saint Anthony and between the Falls of Saint Anthony and Rock Island rapids; of the Wisconsin river, and to continue the survey of the Illinois river, in accordance with the recommendation of General J. H. Wilson, in his report of January twelve, eighteen hundred and sixty-seven. And he is also directed to cause plans and estimates to be made of the most practicable and effective mode of improving the harbor at Galveston, Texas, and of erecting suitable breakwater at that point.