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The Deficiency Appropriations Act of May 18, 1872, for fiscal year ending June 30, 1872, provided the following sums for: captain of the police, $288; 2 lieutenants, $300 each; and 28 privates at $384 each, for a total of $11,640.63 There was no additional money appropriated for the 8 watchmen for this period. (See supra, 16 Stat. 475, 476, 477, March 3, 1871.)

The Appropriations Act of March 3, 1873, for fiscal year ending June 30, 1874, provided for an increase of $296 per annum for 1 special policeman in the Senate ($1,296 per annum) whose salary was included in funds for Senate employees, and for the Capitol Police: 1 captain $2,088; 3 lieutenants, $1,800 each; 27 privates, $1,584 each; and 8 watchmen at $1,000 each. The total force remained at 40. The Act also included: "... for miscellaneous items, exclusive of labor, including $100 for contingent expenses of the Capitol Police... The Act continued: That the appointment of the Capitol Police shall hereafter be made by the Sergeant at Arms of the two Houses, and the Architect of the Capitol Extension; and the Captain of the Capitol Police force may suspend any member of said force, subject to the action of the officers above referred to; making in all $58,256, one-half to be paid into the contingent fund of the House of Representatives, and the other half to be paid into the contingent fund of the Senate.64

The change in administration of the Capitol Police, by vesting the appointments of the Capitol Police force in the Sergeants at Arms of the two Houses, and the Architect of the Capitol Extension, was later to be known as the Capitol Police Board. The Capitol Police Board is still responsible for the administration of the Capitol Police force today.

A new headquarters was assigned the force in 1873 by resolution of the Committee on Public Buildings and Grounds: that the room in the centre of the Capitol building now occupied by the Territorial Delegates, be, and is hereby assigned to the offices of the Capitol Police force to be used by them as an office and after the adjournment of the present session of Con

gress.65

The Appropriations Act of June 20, 1874 for fiscal year ending June 30, 1875 made another reduction in salaries, but the size of the force remained at 40. Under its provisions the special policeman in the Senate received $1,000 per annum (his salary included in funds for Senate employees), and for the Capitol Police: 1 captain, $2,000; 3 lieutenants, $1,600 each; 27 privates, $1,400 each, and 8 watchmen $1,000 each. A new provision was included: That whenever a member of the Capitol police or watch force is suspended from duty for cause, said policeman or watchman shall receive no compensation for the time of such suspension if he shall not be reinstated.” 66

The deficiency Appropriations Act of June 22, 1874, for fiscal year ending June 1873 and 1874, provided payment for 4 watchmen of the Capitol Police force from January 1, to July 1, 1874, and for no longer period of time, the sum of $1,999.92.67

63 17 Stat. 122, 123.
64 17 Stat. 485, 487, 488, 490.

65 Minutes-Committee on Public Buildings and Grounds, June 15, 1873. (National Archives, Legislative Reference. 43 C 1S, p. 72.)

66 18 Stat. 85, 86, 87.

The Appropriations Act of March 3, 1875, for fiscal year ending June 30, 1876, provided for one special policeman for the Senate, $1,296 (salary included in funds for Senate employees); and for the Capital Police: 1 captain $2,000; 3 lieutenants, $1,600 each; 27 privates, $1,400 each; and 8 watchmen, $1,000 each, for a total of $52,600, one-half to be paid into the contingent fund of the House, and the other half to be paid into the contingent fund of the Senate. The Act also included the same proviso as the June 20, 1874 Appropriations Act: “That hereafter, whenever a member of the Capitol police or watch force is suspended from duty for cause, said policeman or watchman shall receive no compensation for the time of such suspension if he shall not be reinstated.”68

The same day (March 3, 1875) a Deficiency Appropriations Act, for fiscal year ending June 30, 1875, was signed into law, and provided the following sums: 1 Captain $88, 3 lieutenants $200 each, 30 privates (3 at the Botanical Gardens) $184 each, for a total of $6,208.69

The publishing of the Revised Statutes in 1875 was the result of an Act passed by the 43rd Congress (1st Sess.), "An Act to revise and consolidate the statutes of the United States, in force on the first day of December, anno Domini one thousand eight hundred and seventy-three.” It was stated that it was an “Act to correct errors and supply omissions.” Sections 1819 through 1826 all pertained to the Capitol Police. 70

68 18 Stat. 343, 344, 345.
69 18 Stat. 402.
70 They are as follows:

Sec. 1819. All laws and regulations of the District of Columbia for the preservation of the public peace and order shall extend to the Capitol Square, whenever application for the same is requested by the presiding officer of either House of Congress, or by the Chief of Engineers in charge of public buildings and grounds.

Sec. 1820. The Sergeants-at-Arms of the Senate and of the House of Representatives are authorized to make such regulations as they may deem necessary for preserving the peace and securing the Capitol from defacement, and for the protection of the public property therein, and they shall have power to arrest and detain any person violating such regulations, until such person can be brought before the proper authorities for trial.

Sec. 1821. There shall be a Capitol police, the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Architect of the Capitol Extension. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year.

Sec. 1822. The Capitol police shall consist of the following members, to be paid at the following rates, respectively, per annum, on the order of the Sergeant-at-Arms of the Senate and the Sergeant-at-Arms of the House, or of either of them namely:

One captain, at two thousand four hundred and one dollars and twenty cents; three lieutenats, at two thousand and seventy dollars each; twenty-seven privates, at one thousand eight hundred and twenty-one dollars and sixty cents each; and eight watchmen, at one thousand one hundred and fifty dollars each.

Sec. 1823. The captain of the Capitol police may suspend any member of the force, subject to the approval of the two Sergeants-at-Arms and of the Architect of the Capitol Extension.

Sec. 1824. The Sergeant-at-Arms of the Senate and the Sergeant-at-Arms of the House of Representatives are directed to select and regulate the pattern for a uniform for the Capitol police and watchmen, and to furnish each member of the force with the necessary belts and arms, at a cost not to exceed twenty dollars per man, payable out of the contingent fund of the Senate and House or Representatives upon the certificate of the officers above named. (See infra 86 Stat. 1508, and 91 Stat. 87.)

Sec. 1825. The members of the Capitol police shall furnish, at their own expense, each his own uniform, which shall be in exact conformity to that required by regulation of the Sergeants-atArms.

Sec. 1826. The supervision of the Capitol police shall be extended over the Botanical Garden, and, until otherwise ordered, and especially during the period employed for rebuilding the fence surrounding the grounds, additional police force may be employed, if deemed necessary, the expense for which shall be defrayed from the contingent fund of the Senate and House of Representatives; but the additional number of police for this purpose shall not exceed three at any

Although a new edition of the first volume of the Revised Statutes (including sections 1819-1826) was printed in September 1878, there were no changes in the wording of Sections 1819-1826.

The Statutes fixed the total number and salaries of the Capitol Police as: 1 Captain...

$2,401.20 3 Lieutenants

2,070.00 27 Privates

1,821.60 8 Watchmen..

1,150.00 The Statutes also reaffirmed how the members of the force were appointed, the suspension of a member, and the added supervision of the Botanical Gardens.

Another provision, incorporated in the Statutes, was that the Sergeants at Arms of the Senate and House would select and regulate the pattern for a uniform. They would also furnish each member with the necessary belts and arms, at a cost not to exceed $20 per man, payable out of the contingent fund of either House upon the certification of the two Sergeants at Arms. The next section (1825) of the Statutes stated: “The members of the Capitol police shall furnish, at their own expense, each his own uniform, which shall be in exact conformity to that required by regulation of the Sergeants at Arms." The Capitol Police were to furnish their own uniforms to conform with the regulations of the Sergeants at Arms. The Sergeants at Arms would furnish the belts and arms for the police force.

The Statutes also stated that the Sergeants at Arms of the two Houses of Congress were to make regulations for preserving the peace and protecting the Capitol, with the power to arrest and detain a violator until the person could be brought before the proper authorities. (This is the same procedure heretofore used. (See supra 15 Stat. 11, 12). (

The laws and regulations the District of Columbia continued to be extended to Capitol Square upon request of the Presiding officer of either House, or the Chief Engineer in charge of public buildings and grounds.

"An Act to protect the public property, turf and grass of the Capitol Grounds from injury” was made public law on April 29, 1876:

That it shall be the duty of the Capitol police hereafter to prevent any portion of the Capitol grounds and terraces from being used as playgrounds or otherwise, so far as may be necessary to protect the public property, turf and grass from destruction or injury.?

In 1876 there was a reduction of salaries and the number of men of the Capitol Police force, from those set forth in the Revised Statutes, perhaps because of the economic depression that existed then. Thus, on August 15, 1876 the Appropriations Act, for the fiscal year ending June 30, 1877, provided for: one special policeman in the Senate, $1,296 (no reduction), whose salary was included in the funds for Senate employees, and for the Capitol Police: 1 captain, $1,600; 3 lieutenants, $1,200 each; 21 privates, $1,100 each, and 6 watchmen, $900 each. The force was reduced from 40 men to 32 men. The Act also provided:

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That so much of the Joint Resolution approved July fifteenth, eighteen hundred and seventy, as authorizes the employment of additional police force is hereby repealed to take effect from and after the thirtieth day of June eighteen hundred and seventy-six. .” 72 This was the Joint Resolution which provided for 3 additional policemen at the Botanical Gardens (see supra 16 Stat. 391, 392).

The Deficiency Appropriations Act of January 26, 1877 provided money to pay the Capitol Police of the House who were discharged due to the reduction in force by the Act of August 15, 1876 73 (above) to the 1st of September, 1876.74

The Appropriations Act of March 3, 1877, for fiscal year ending June 30, 1878, kept the total force at 32, and provided the following sums: one special policeman in the Senate, $1,296 (salary included in funds for Senate employees) and for the Capitol Police: one captain, $1,600; 3 lieutenants, $1,200 each; 21 privates, $1,100 each; and 6 watchmen, $900 each. One-half to be paid into the contingent fund of the Senate and the other half to be paid into the contingent fund of the House.

The Deficiency Appropriations Act, signed into law on March 3, 1877, supplied deficiencies in the Appropriations Act for fiscal year ending June 30, 1877, enabling the Secretary of the Senate and the Clerk of the House to pay the special police authorized by the Concurrent Resolution of January 31, 1877, $9,900; one-half to be paid into the contingent fund of the Senate and the other half to be paid into the contingent fund of the House.76 This Concurrent Resolution was a result of the controversy over the popular and electoral vote in the Presidential election of 1876 between Samuel J. Tilden of New York and Rutherford B. Hayes of Ohio. The Resolution passed the Senate on January 30, 1877 77 and the House on January 31, 1877,78 regarding additional temporary police, as follows:

The Sergeants at Arms of the Senate and House of Representatives respectively be, and they are hereby authorized each to appoint fifty men to serve as a special police at the Capitol during the canvassing (counting) of the votes for President and Vice-President, or for such portion of said time as they shall deem necessary, said special police to be paid equally from the contingent fund of the Senate and House of Representatives. The floor discussion between Representative Holman (Indiana) and Representative Wilson (Iowa) brought out some salient points:

Mr. HOLMAN. The gentleman . . . perhaps can tell us whether it has been customary to place the Capitol to this extent under surveillance or not. I do not wish to see a new rule established at this time increasing a quasi-military force about the Capitol unless there is some necessity for it.

Mr. Wilson. The Committee on Rules have considered this question and have instructed me to report a resolution similar to that received from the Senate. We know very well that the American people generally on occasions like this behave themselves. They had excellent order during the centennial exhibition-but with eight hundred police. We do not anticipate any difficulty, but we thought it wise that the officers of the two Houses should have power to keep a way clear between the Senate and the House, so that the Senate on retiring to consult may have the opportunity of passing to their Chamber without difficulty. It is possible also that there may be a class of men known as pickpockets here, and we desire to protect those who come to witness the proceedings. .

72 19 Stat. 143, 144. 7319 Stat. 225. 74 Congressional Record, August 14, 1876, 44th Cong. 1st Sess., p. 5642. 75 19 Stat. 294, 295. 76 19 Stat. 363, 371. 77 Congressional Record. January 30, 1877. 44th Cong., 2d Sess., p. 1109.

Mr. HOLMAN. If this is in conformity with what has been found prudent and necessary heretofore I shall not object.

Mr. WILSON. The gentleman will remember that the police force about the Capitol has been very largely reduced and that the police of the city are, in a state of demoralization.79

It was not until the Deficiency Appropriations Act of December 15, 1877 that money ($533.20) was provided to pay one-half month's salary (from September 1 to September 15, 1876) to the Capitol Police of the Senate who were discharged due to the reduction in force by the Act of August 15, 1876.80 (See supra 19 Stat. 225).

In the Appropriations Act of June 19, 1878, for fiscal year ending June 30, 1879, money was appropriated for: one special policeman in the Senate, $1,296 (salary included in the funds for Senate employees); and for the Capitol Police: 1 captain, $1,600; 3 lieutenants $1,200 each; 21 privates, $1,100 each; and 6 watchmen, $900 zach, for a total of $33,700, one-half to be paid into the contingent fund of the Senate and the other half to be paid into the contingent fund of the House. There was also $100 appropriated for the contingent fund of the Capitol Police.81 The force remained at 32.

The Appropriations Act of June 20, 1878, for fiscal year ending June 30, 1879, provided for pay for 6 watchmen, at $660 each per year ($3,960) to be employed day and night on the Capitol Grounds under the direction of the Architect of the Capitol.82 (These watchmen were not included as part of the Capitol Police force).

The Appropriations Act of June 21, 1879, for the fiscal year ending June 30, 1880, added two watchmen to the Capitol Police force, (at $900 each),83 bringing the total force to 34. The amount of money ($33,700) appropriated for the personnel of 32 in fiscal year 1879 remained the same. The two additional watchmen brought the total to $45,500 for this fiscal year.

A Joint Resolution of June 24, 1879 provided extra pay to discharged employees of the Senate, including the Capitol Police, who were employed prior to March 14, 1879, and who continued in their employment to and including the 4th day of April, who have ceased to be employed, or will cease to be employed prior to December 1, 1879. The employees were to receive one month's pay at the rate per annum when their employment ceased.84

79 Ibid.
80 20 Stat. 7, 10.

81 20 Stat. 178, 180. This is the first mention of the "Contingent fund” of the Capitol Police. No mention was made of its use and purpose. On July 20, 1868 (see supra 15 Stat. 92, 94) $500 was appropriated for "contingent expenses and $4,600 for uniforms." There was no explanation of what the $500 was to be used for.

82 20 Stat 206, 237. 83 21 Stat. 23, 26.

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