Pertinent excerpts from the act approved March 3, 1849, establishing
the Department of the Interior:
An Act to establish the Home Department...
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, and 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 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 or Fifth Auditor and First Comptroller of the Treasury.
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 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.
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 the 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.
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 warden 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
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 hereafter
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.