4. That the Marshal of the District of Columbia be empowered and directed to employ a deputy, during the session of Congress, to preserve order in the passages and apartments within the Capitol, and on the public grounds surrounding the same, under such rules and regulations as may be prescribed by the presiding officers of the two Houses of Congress.

The resolution was twice read and ordered to lie on the table.8

On May 8, 1824 the House again considered the Joint Resolution:

POLICE OF THE CAPITOL

The engrossed resolution for the regulation of the police of the Capitol (one provision of which authorizes the extension of the authority of the corporation of Washington to the public grounds about the Capitol) was read a third time.9

A motion was made, and agreed to, to lay the resolution on the table. Subsequently the resolution was again taken up and debate ensued. It was explained that there were no police in the central part or the exterior part of the Capitol. The officers of the House had no police authority, hence they could not attend to their duties within the Hall and at the same time provide against any petty offences liable to be committed. Opponents of the resolution stated that there was no need for an additional offficer or officers, because the House had so many officers, messengers, etc. It was also noted that the resolution purported to put the House under the protection of the Corporation of Washington. This would dilute the power of the Congress, which had exclusive legislation over the District. A motion was made, and agreed to, to lay the resolution on the table.

In 1827 the Commissioner of Public Buildings wrote that, by direction of the President, the number of watchmen at the Capitol had been expanded from one to four, to serve in place of the Marines. The letter said the Commissioner, acting "by direction of the President, dismissed the Marines who had done duty as a guard at the Capitol since 1823, and appointed a watch composed of James Knott, J. A. French, Samuel Goldsmith, and Ignatius Wheatley. Two to be on duty at a time through the day, and one at night."10 In 1828 Members became alarmed at the lack of any remedial means to curtail trespassers on the Capitol grounds. Apparently some people had broken down the public enclosure and turned in cattle to graze. The only existing legal remedy was the slow process of a writ of trespass. Accordingly, the Public Buildings Appropriations Act of May 2, 1828, included:

SEC. 4. And be it further enacted, That the regulations of the city of Washington, for the preservation of the public peace and order, be extended to the Capitol and Capitol square, whenever the application of the same shall be requested by the presiding officer of either house of Congress, or the commissioner of the public buildings; and that it shall be the duty of the commissioner of the public buildings to obey such rules and regulations as may, from time to time, prescribed, jointly, by the presiding officers of the two houses of Congress, for the care, preservation, orderly keeping, and police of all such portions of the Capitol, its appurtenances, and the enclosures about it, and the public buildings and property in its immediate vicinity, as are not in the exclusive use and occupation of either house of Congress; that it shall also be his duty to obey such rules and regulations as may be, from time to time, be prescribed by the presiding officer of either house of Congress; for

Annals of Congress. 18th Cong., 1st Sess., v. 41, p. 1702.

9 Ibid., p. 2575.

10 Letters of the Commissioner of Public Buildings. Records of the National Archives. Letter

the care, preservation, orderly keeping, and police of those portions of the Capitol and its appurtenances, which are in the exclusive use and occupation of either house of Congress respectively; and that it shall also be his duty to obey such rules and regulations as may, from time to time, be prescribed by the President of the United States, for the care, preservation, orderly keeping, and police of the other public buildings and public property, in the city of Washington; and the commissioner and his assistants are hereby authorized and empowered to use all necessary and proper means for the discharge of the aforesaid duties; and the necessary assistants of the commissioner shall receive a reasonable compensation for their services, to be allowed by the presiding officers of the two houses of Congress; one moiety of the said sums to be paid out of the contingent fund of the Senate and the other moiety of the same to be paid out of the contingent fund of the House of Representatives. APPROVED, May 2, 1828.11

According to the report of the Commissioner of Public Buildings, an immediate request was made and regulations were extended to the Capitol grounds. 12

By 1834 the responsibilities of each Capitol guard had expanded to the point of working ten hours out of twenty-four during the recess and 15 hours while Congress was in session, including regular service through the night all year long. Watchmen were required:

to preserve order in and about the buildings; to protect the building and its appurtenances from injury and defacement; preserve order among the hacks and confine them to the stand allotted within the square; remove disorderly persons from the enclosure; (and) conduct strangers visiting the Capitol through all apartments open for inspection.1

13

Concluding that the Capitol guards were too few in number to properly protect the Capitol building and the Capitol grounds, the Appropriations Act of June 30, 1834, (An Act making appropriations for the public buildings and grounds . . .) Provided:

That the regulations of the city of Washington for the preservation of the public peace and order, be extended to all the public buildings and public grounds belonging to the United States within the city of Washington whenever the application of the same shall be requested by the Commissioner of Public Buildings. 14

This Act broadened the 1828 Act to include "all the public buildings and public grounds . . .," rather than limiting the regulations to the Capitol and Capitol Square.

By 1841 another member had been added to the force, making a total of five. The Architect of Public Buildings listed the names of the Police of the Capitol as: David M. Wilson, Principal; James M. Waller, Assistant; Thomas Scrivener, Assistant; I. H. Wailes, Assistant; and John L. Wirt, Assistant, and described their duties:

Three of these officers are constantly on duty by day, to protect the buildings, enclosures, trees and shrubs; to keep order, and to report to the Commissioner every violation of the rules and regulations; to keep away vagrants, disorderly persons, and boys; to conduct visiters [sic] through the buildings, and to sweep and scour the Rotundo, passages, porticos, steps, etc. Full authority is given these officers to enforce the rules established by both Houses of Congress, in relation to preserving order within the limits of the Capitol square, especially in relation to hackney coaches and drivers, vagrants and beggars, drunkards, disorderly persons, and persons of ill fame . . .15

11 4 Stat. 265, 266.

12 U.S. House of Representatives, 58th Cong., 2d Sess., Report No. 646, p. 328.

13 Letters of the Commissioner of Public Buildings. Records of the National Archives. Letter dated 1834.

14 4 Stat. 723.

15 Mills, Robert. Guide to the National Executive Officers and the Capitol of the United

The Appropriations Act of March 3, 1835,16 February 11, 1836, March 3, 1837, April 6, 1838, December 22, 1838, March 3, 1839, January 8, 1840, May 8, 1840, December 18, 1840, March 3, 1841, December 22, 1841, May 18, 1842, August 23, 1842, December 24, 1842, March 3, 1843, June 17, 1844, March 3, 1845, provided for contingent expenses of the Senate and House of Representatives, but no line item expense for the Capitol police was given.17

The Appropriations Act of May 8, 1846, provided for the contingent expenses for both Houses. The Appropriations Act of August 10, 1846, provided for the contingent expenses of both Houses, and "attendance at the western gate of the Capitol," but no number of personnel and no amount was given.18 The Appropriations Acts of March 3, 1847, March 27, 1848, August 12, 1848 (included attendance at the western gate), January 26, 1849, and March 3, 1849, made no mention of expenses for the Capitol Police. 19

On March 3, 1849, an Act creating a new executive department, the Department of the Interior, was signed into law, which placed the Commissioner of Public Buildings under the Secretary of the Interior, with the following proviso:

Provided, That nothing in this section contained shall be construed to take from the presiding officers of the two Houses of Congress of power now possessed by them to make and enforce rules and regulations for the care, preservation, orderly keeping, and police of the Capitol and appurtenances.20

The Appropriations Acts of May 15, 1850 and September 30, 1850 did not appropriate specific amounts for the Capitol Police, but did provide for two watchmen on the Capitol grounds at $365 per annum each, and authorized the hiring of two additional watchmen at $365 per annum each.21

The first mention of the Capitol Police as a specific contingent expense of the House of Representatives appeared in the March 3, 1851 Appropriations Act for fiscal year ending June 30, 1852 to this effect:

For printing, binding, engraving, stationery, furniture, salary of the librarian, four clerks of house, messengers, pages, and laborers, salaries of extra clerks on index of claims, horses, mail carriages, & c., fuel, oil and candles, newspapers, alterations and repairs, and other miscellaneous items, for Capitol Police, and other contingent expenses of the House of Representatives, two hundred and nine thousand nine hundred and seventy-one dollars. (Emphasis added)

The Act also provided for annual compensation of $730 for the western gate keeper, and two additional watchmen at $365 each.22 During discussion of an amendment on August 3, 1852, (offered to the bill making appropriations for the civil and diplomatic expenses of the Government for the year ending June 30, 1853,) to increase the appropriations for the Capitol Police, Mr. Jones of Tennessee made the following statement:

16 4 Stat. 760, 761.

175 Stat. 2, 163, 172, 174, 216, 223, 312, 339, 346, 347, 367, 371, 378, 410, 421, 431, 469, 475, 511, 523, 533, 586, 630, 641, 681, 752, 753.

18 9 Stat. 5, 85, 92, 93.

199 Stat. 155, 215, 217, 284, 292, 293, 342, 343, 354.

20 9 Stat. 395, 396. An Act to Establish the Home Department... The supervisory and appellate powers were previously exercised by the President of the United States over the Commissioner of Public Buildings.

21 9 Stat. 423, 427, 523, 536, 537, 538.

There is one chief police, at a salary of $1,450 per annum. There are also four assistant police officers, two of whom are upon duty during the night and two during the day at a salary of $1,100 per annum each. At the last session of Congress there was in the deficiency bill a provision authorizing the appointment of two others to watch the grounds and see that the shrubbery was not destroyed or the trees injured. They were on duty only during the day. Their pay is $2 per day. These constitute the whole police force of the Capitol grounds.

23

The first line item for the services of the Capitol Police appeared in the Appropriations Act of August 31, 1852, for fiscal year ending June 30, 1853 to this extent:

For contingent expenses of the Senate, viz: . . . For messengers, pages, laboreres, police, horses, and carryalls, twenty thousands dollars. . . For contingent expenses of the House of Representatives, viz: . . . For salary of the Capitol police, three thousand five hundred and sixty dollars.

The Act also provided for a keeper of the western gate of the Capitol grounds to be paid $730 per year, and compensation of $500 per year each ($1,000) for two additional day watchmen to preserve the Capitol grounds, as authorized by the Acts of May 15, 1850 to supply deficiencies, and the Appropriations Act of September 30, 1850. Although it is not stated in the Act, the total police force then consisted of eight.24

The Deficiency Appropriations Act of March 3, 1853 for fiscal year ending June 30, 1853 included "police" in the contingent expenses for the Senate, but no specific dollar amount or number of personnel was given.25

The Appropriations Act of March 3, 1853, for fiscal year ending June 30, 1854, provided a lump sum appropriation of $3,560 for the Capitol Police, and included the word "police" in the contingent expenses of the Senate, but no amount was given.26

The Deficiency Appropriations Act of April 22, 1854, amending the Appropriations Act of March 3, 1853, for fiscal year ending June 30, 1854, provided for "two additional watchmen and police at the Capitol," but no amount was given.27 (See Appropriations Act of March 3, 1863, 12 Stat. 748 infra.)

Another Deficiency Appropriations Act of May 31, 1854, for fiscal year ending June 30, 1854, included "police" in the contingent expenses of the Senate. 28

The Appropriations Act of August 4, 1854, for the fiscal year ending June 30, 1855, included "police" in the contingent expenses of the Senate, and a lump sum appropriation for the Capitol Police of $3,560, as part of the contingent expenses of the House.29

The Appropriations Act of March 3, 1855, for the fiscal year ending June 30, 1856, provided for police as a part of the contingent expenses of the Senate and a lump sum of $5,490 for the Capitol Police as part of the contingent expenses of the House. The Act also provided for compensation of the western gate keeper at $876 per annum. In addition, the Act provided for two day watchmen, employed in the Capitol square, at $600 each, per annum.30 These

Appropriations Acts designated lump sum appropriations, but it is not discernible to what extent, if at all, the force was increased or salaries raised.

The Appropriations Act of August 18, 1856, for fiscal year ending June 30, 1857 designated appropriations for the police of the Senate (no amount or number given), and $5490 for the Capitol Police as part of the contingent expenses of the House. The Act also provided an annual salary for the keeper of the western gate at $876, and compensation for two day watchmen at $600 per annum each.31

The Appropriations Act of March 3, 1857, for fiscal year ending June 30, 1858, included police in the contingent expenses of the Senate, and contingent expenses of the House, but no amount or number of personnel was given. The Act also provided for an annual compensation of $876 for the keeper of the western gate in Capitol Square, compensation of two day watchmen, employed in the Capitol Square, at $600 per annum each, and one night watchman, employed for the protection of the buildings lying south of the Capitol, used as public stables and carpenter's shops, at $600 per

annum.

32

The Deficiency Appropriations Act of March 3, 1857, for fiscal year ending June 30, 1857, provided for police in the contingent expenses of the Senate, but no dollar amount or number of personnel was stated, however, in the contingent expenses of the House $200 was designated for Capitol police. 33

The Appropriations Act of June 2, 1858, for fiscal year ending June 30, 1859, again designated the word police as an item in the contingent expenses of the Senate, but for the contingent expenses of the House, $5,890 was included for the Capitol police. 34

The March 3, 1859 Appropriations Act, for fiscal year ending June 30, 1860, provided for the following, as contingent expenses of the Senate:

For clerks to committees, pages, police horses and carryalls, $35,004.50; and for the additional police appointed January 12, 1859, during the present fiscal year, $1558.32; making together $36,504; and the further sum of $1549.14, being for the moiety payable by the Clerk of the House of Representatives, and to form a part of the contingent fund of said House and be disbursed by the Clerk thereof.

The Act also listed, in the contingent expenses of the House, the sum of $8,420 for the Capitol Police. The Act also provided annual compensations for: keeper of the western gate, $876; two day watchmen, $600 each; and one night watchmen, $600, all employed in the Capitol Square. 35

The June 23, 1860 Appropriations Act, for fiscal year ending June 30, 1861, provided for $8200 for the Capitol Police in the contingent expenses of the Senate, and $8400 for the Capitol Police in the contingent expenses of the House. No number of personnel was given either appropriation. The Act also provided annual compensations for the employees in Capitol Square: keeper of the western

31 11 Stat. 102, 103, 104, 117.

32 11 Stat. 206, 207, 219.

33 11 Stat. 240, 241.

34 11 Stat. 295, 296, 297.