164. What officers to be dropped from the rolls. Reserved list. Promotions to fill vacancies. Pay. Promotions to grade of master. 165. Regular promotious not to be affected, &c. 166. Number not to be increased.

167. Offcers dropped, &c., may have court of inquiry. Duties of the court. Restoration of officers.

168. Increase of number allowed. Rank of restored officers. 169. Pay of officers not restored.

170. Promotion of officers on reserved list.

171. Restored officers to draw their back pay.

XII. NAVY PENSION FUND.

172. Fund to be paid to commissioners.
173. How disbursed. Quarterly accounts.
174. How accounts to be settled.
175. Comptroller to sue for prize-money.
176. Secretary.

177. Regulations to be prescribed.

Share of United States
Payment to captors.

178. Prize-money to be paid into court. to be credited to the navy pension fund. 179. Accounts of clerks and marshals. 150. District attorney to transmit statement to secretary. 181. Summary jurisdiction over clerks and marshals. Penalty for neglect of duty.

XIII. NAVY CONTRACTS.

182. All supplies to be furnished by contract. Advertisements. Proposals. Security. Abstract to be laid before congress. Forfeiture.

183. Not to apply to ordnance, gunpowder, medicine or supplies on foreign stations.

XV. MISCELLANEOUS PROVISIONS.

194. To be supplied with rations, &c., whilst acting on shore. 195. Horses, accoutrements and forage.

196. Storekeepers in foreign ports.

197. All disbursing agents to be confirmed by the senate. 198. Duties and allowances of naval constructors.

199. When citizens may be appointed storekeepers on foreign stations.

200. Superintendent of naval observatory.
201. Preparation of nautical almanac.
202. New routes, &c., to be tested.

203. Certain vessels to be transferred to the navy department.
201. Commanding officers to be charged with disbursements.

I. ORGANIZATION OF THE NAVY.

2 Stat. 300.

1. That the president of the United States be and he is hereby authorized to keep in 21 April 1806 3 2. actual service, in time of peace, so many of the frigates and other public armed vessels of the United States, as in his judgment the nature of the service may require; and to What ships to be cause the residue thereof to be laid up in ordinary in convenient ports.

kept in service. Ibid. § 3.

2. The public armed vessels of the United States, in actual service, in time of peace, shall be officered and manned as the president of the United States shall direct: (a) How officered Provided, That the officers shall not exceed the following numbers and grades, that is to and manned. say: thirteen captains, (b) nine masters commandant, seventy-two lieutenants, and one hundred and fifty midshipmen; [but the said officers shall receive no more than half their monthly pay, during the time when they shall not be under orders for actual service]:(c) And provided further, That the whole number of able seamen, ordinary sea- Number of seamen and boys shall not exceed nine hundred and twenty-five. (d) But the president may appoint, for the vessels in actual service, so many surgeons, surgeon's mates, sailing Surgeons, chapmasters, chaplains, pursers, boatswains, gunners, sailmakers and carpenters, as may in warrant officers. his opinion be necessary and proper.

men.

lains, &c., and

3 Stat. 125.

3. It shall be lawful for the president of the United States, in the recess of the senate, 16 April 1814 2 5. to appoint all or any of the officers of the navy authorized by existing laws; which appointments shall be submitted to the senate at their next session, for their advice and Appointment of

consent.

oincers.

3 Stat. 538.

be named.

4. All the ships of the navy of the United States, now building, or hereafter to be 8 March 1819. built, shall be named by the secretary of the navy, under the direction of the president of the United States, according to the following rule, to wit: those of the first class shall How vessels to be called after the states of this Union; those of the second class after the rivers; and those of the third class after the principal cities and towns; taking care that no two vessels in the navy shall bear the same name.

5 Stat. 163. Commanders and masters.

5. All "masters commandant" in the navy shall be taken to be and shall be called 3 March 1837 1. "commanders," and all "sailing masters," shall be taken to be and shall be called "masters;" but such change of title shall not impair or in any way affect the rank, pay or privileges of any master commandant or sailing master now in the service; and should they receive new commissions or warrants, they shall respectively take rank from the date of their present commissions.

5 Stat. 158.

6. That under the laws providing for the gradual improvement of the navy, the presi- 3 March 1837 2 5. dent be authorized to cause articles of a durable character to be purchased for the armament and equipment, as well as for the building of vessels.

cers.

5 Stat. 500.

7. Till otherwise ordered by congress, the officers of the navy shall not be increased 4 Aug. 1842 2 1. beyond the number in the respective grades that were in the service on the first day of January 1842; nor shall there be any further appointment of midshipmen until the Number of offnumber in the service be reduced to the number that were in service on the first day of January 1841, beyond which they shall not be increased until the further order of congress. (e)

(a) The act 25 February 1799 provides that "all vessels in the service of the United States, mounting twenty guns and upwards, be commanded by captains-those not exceeding eighteen guns (except galleys, which are to be commanded as heretofore provided by law) by masters or lieutenants, according to the size of the vessel, to be regulated by the president of the United States. 1 Stat. 618. See 1 Opin. 606.

3 March 1845 24. 5 Stat. 794.

midshipmen.

8. No more than one hundred and eighty passed midshipmen, and those senior in rank, shall at the same time receive the pay fixed by law for that class of officers. (a) Ibid. 25. 9. Midshipmen shall hereafter be appointed from each state and territory with referAppointment of ence and in proportion, as near as may be, to the number of representatives and delegates to congress; and until such a proportion shall have been established, all future appointments shall be made from such states and territories as have not their relative proportion of midshipmen on the navy list, whenever there are suitable applicants from such states or territories: And provided further, That in all cases of appointment, the individual selected shall be an actual resident of the state from which the appointment purports to be made, and that the District of Columbia be considered as a territory in this behalf.

8 March 1847 81 9 Stat. 169.

Pyrotechnist.

Ibid.

10. That the secretary of the navy be and he is hereby authorized to appoint a pyrotechnist for the service of the navy, at an annual salary of fifteen hundred dollars, which sum is hereby appropriated, out of any money in the treasury not otherwise appropriated, as full compensation for the services of said pyrotechnist.

11. The first section of the act of fourth of August 1842, entitled "An act making Warrant officers, appropriations for the naval service for the year 1842," shall not be construed as applying to the appointment of boatswains, gunners, carpenters and sailmakers.

3 Aug. 1848

9 Stat. 272.

shipmen.

14.

12. That the proviso of the act of August 4th 1842, limiting the number of officers of the navy of the grade of midshipmen to the number that were in service on the first day Number of mid- of January 1841, be and is hereby so modified as to authorize the appointment of officers of that grade, to the number of four hundred and sixty-four: Provided, That the appoint ments shall be made according to the directions of the fifth section of the act approved March 3d 1845, entitled "An act making appropriations for the naval service for the year ending 30th June 1846." And in appointing from each state, hereafter, its proportion of officers of that grade, the appointments shall be apportioned, as nearly as practicable, equally among the several congressional districts therein.

28 Sept. 1850 21.

be apportioned gressional districts.

13. No midshipman in the navy shall be appointed from any congressional district, 9 Stat. 515. having at the time of appointment more than two officers of that grade in the navy from Appointments to such district; and whenever an appointment shall be made from any state, the person amongst the con- so appointed shall be an actual resident of the congressional district from which the appointment purports to be made: And provided further, That such congressional district of any state, as may not have any midshipmen in the navy at the time an appointment may be made from said state, shall be entitled to at least one appointment before any other shall be made from any district of the state having one or more officers of that grade in the navy.

8 March 1813 21. 2 Stat. 809.

14. No appointment of midshipman, acting midshipman, or pupil at any naval school in the navy, shall be made unless recommended by the member of congress representing the district in which the applicant resides, in the same manner that cadets at West Point are now appointed.

15. The two "general orders" of the secretary of the navy, dated August 31, 1816, and May 27, 1847, upon relative rank, shall have the force and effect of law.

II. SHIPMENT OF SEAMEN.

16. It shall not be lawful to employ on board any of the public or private vessels of the United States any person or persons except citizens of the United States, or persons None but citizens of color, natives of the United States.

to be shipped.

Ibid. 2.

Naturalized citi

17. It shall not be lawful to employ as aforesaid, any naturalized citizen of the United States, unless such citizen shall produce to the commander of the public vessel, if to be zens to procure employed on board such vessel, or to a collector of the customs, a certified copy of the act by which he shall have been naturalized, setting forth such naturalization and the time thereof.

certificate.

Ibid. 24.

prescribed.

18. That the president of the United States be and he hereby is authorized, from time Regulations to be to time, to make such further regulations, and to give such directions to the several commanders of public vessels, and to the several collectors, as may be proper and necessary, respecting the proofs of citizenship, to be exhibited to the commanders or collectors aforesaid: Provided, That nothing contained in such regulations or directions shall be repugnant to any of the provisions of this act.

Ibil. 5.

No foreign sea

man to be received as a pas

19. No seaman or other seafaring man, not being a citizen of the United States, shall be admitted or received as a passenger on board of any public or private vessel of the United States, in a foreign port, without permission in writing from the proper officers senger without of the country of which such seaman or seafaring man may be subject or citizen. permission. 20. The consuls or commercial agents of any nation at peace with the United States shall be admitted (under such regulations as may be prescribed by the president of the (a) Suspended by act 3 August 1848 316, until the class of 1841-42 shall have been examined, and the relative rank established among those who shall pass their examination. 9 Stat. 273.

Ibid. 26.

United States) to state their objections to the proper commander or collector as aforesaid, 3 March 1813. against the employment of any seaman or seafaring man on board of any public or private Privileges of vessel of the United States, on account of his being a native subject or citizen of such foreign consuls. nation, and not embraced within the description of persons who may be lawfully employed, according to the provisions of this act. And the said consuls or commercial agents shall also be admitted, under the said regulations, to be present at the time when the proofs of citizenship of the persons against whom such objections may have been made, shall be investigated by such commander or collector.

Ibid. 27.

manders.

Ibid. 29.

21. If any commander of a public vessel of the United States shall knowingly employ, or permit to be employed, or shall admit or receive, or permit to be admitted or received, Penalty for visla on board his vessel, any person whose employment or admission is prohibited by the tion by comprovisions of this act, he shall, on conviction thereof, forfeit and pay the sum of one thousand dollars for each person thus unlawfully employed or admitted on board such vessel. 22. Nothing in this act contained shall be construed to prohibit any commander or master of a public or private vessel of the United States, whilst in a foreign port or shipment of seaplace, from receiving any American seaman in conformity to law, or supplying any deficiency of seamen on board such vessel, by employing American seamen, or subjects of such foreign country, the employment of whom shall not be prohibited by the laws thereof.

men in foreigu

ports.

Ibid. 10.

23. The provisions of this act shall have no effect or operation with respect to the employment as seamen of the subjects or citizens of any foreign nation which shall not, What foreign by treaty or special convention with the government of the United States, have prohibited seamen may be shipped. on board of her public and private vessels the employment of native citizens of the United States, who have not become a citizen or subject of such nation.

24. Nothing in this act contained shall be so construed as to prevent any arrangement Ibid. 11. between the United States and any foreign nation, which may take place under any treaty Not to interfere or convention, made and ratified in the manner prescribed by the constitution of the with treaty stipu United States.

lations.

25. No suit shall be brought for any forfeiture or penalty incurred under the provisions Ibid. 14. of this act, unless the suit be commenced within three years from the time of the forfeiture. Limitation of III. ENLISTMENT AND DISCHARGE.

suits.

5 Stat. 153.

minors.
Term of enlist-

26. It shall be lawful to enlist boys for the navy, (a) with the consent of their parents 2 March 1837 ? 1. or guardians, not being under thirteen, nor over eighteen years of age, to serve until they shall arrive at the age of twenty-one years. And it shall be lawful to enlist other Enlistment of persons for the navy, to serve for a period not exceeding five years, unless sooner discharged by direction of the president of the United States; and so much of an act ments. entitled "An act to amend the act entitled 'An act to amend the act authorizing the employment of an additional naval force,'" approved 15th May 1820, as is inconsistent with the provisions of this act, shall be and is hereby repealed.

expire in foreign

27. When the time of service of any person enlisted for the navy, shall expire, while Ibid. 2. he is on board any of the public vessels of the United States, employed on foreign service, Discharge of seait shall be the duty of the commanding officer of the fleet, squadron or vessel, in which men whose terms such person may be, to send him to the United States in some public or other vessel, ports. unless his detention shall be essential to the public interests, in which case the said officer may detain him until the vessel in which he shall be serving shall return to the United States; and it shall be the duty of said officer immediately to make report to the navy department, of such detention and the causes thereof.

Ibid. 23.

government of

28. Such persons as may be detained after the expiration of their enlistment, under the next preceding section of this act, shall be subject, in all respects, to the laws and To be subject to regulations for the government of the navy, until their return to the United States; and the laws for all such persons as shall be so detained, and all such as shall voluntarily re-enlist to the navy whilst serve until the return of the vessel in which they shall be serving, and their regular discharge therefrom in the United States, shall, while so detained and while so serving Bounty on reunder their re-enlistment, receive an addition of one-fourth to their former pay.

detained.

enlistment.

5 Stat. 725.

until discharged

29. The provisions of the second and third sections of the act entitled "An act to 20 Feb. 1845 3 1. provide for the enlistment of boys for the naval service, and to extend the term of the enlistment of seamen," approved March 2d 1837, which authorize and provide for the To be detained detention of any person enlisted for the navy, after the expiration of the enlistment, in a port of the until the return of such person to the United States, shall be understood and construed to authorize and provide for the detention of such person until the arrival of the vessel in which he shall be so detained at a port of the United States, and until he shall have received his regular discharge by order of the secretary of the navy: Provided, That such Time.

(a) This does not include the enlistment of marines. 4 Opin. 89.

United States

20 Feb. 1845.

3 March 1845 29. 5 Stat. 795.

To include marines.

23 April 1800 21.

2 Stat. 45.

Conduct of commanders.

Divine service.

Scandalous offen

Neglect of duty in battle.

Disobedience in battle.

Desertion.

Cowardice.

Papers of prize vessels.

Pillaging prizes.

detention shall not exceed the term of thirty days from the time of the arrival of the said vessel in a port of the United States.

39. The term "persons," mentioned in the second and third sections of an act passed March 2d 1837, entitled "An act to provide for the enlistment of boys for the naval service, and to extend the term of enlistment of seamen," shall be construed to include marines.

IV. RULES FOR THE GOVERNMENT OF THE NAVY.(a)

31. That from and after the first day of June next, the following rules and regulations be adopted and put in force, for the government of the navy of the United States:

ART. I. The commanders of all ships and vessels of war belonging to the navy, are strictly enjoined and required to show in themselves a good example of virtue, honor, patriotism and subordination; and be vigilant in inspecting the conduct of all such as are placed under their command; and to guard against and suppress all dissolute and immoral practices, and to correct all such as are guilty of them, according to the usage of the sea service.

32. ART. II. The commanders of all ships and vessels in the navy, having chaplains on board, shall take care that divine service be performed in a solemn, orderly and reverent manner twice a day, and a sermon preached, on Sunday, unless bad weather or other extraordinary accidents prevent it; and that they cause all, or as many of the ship's company as can be spared from duty, to attend at every performance of the worship of Almighty God.

33. ART. III. Any officer or other person in the navy, who shall be guilty of oppression, cruelty, fraud, profane swearing, drunkenness or any other scandalous conduct, tending to the destruction of good morals, shall, if an officer, be cashiered, or suffer such other punishment as a court martial shall adjudge; if a private, shall be put in irons or flogged, at the discretion of the captain, not exceeding twelve lashes; but if the offence require severer punishment, he shall be tried by a court martial, and suffer such punishment as said court shall inflict.

34. ART. IV. Every commander or other officer who shall, upon signal for battle, or on the probability of an engagement, neglect to clear his ship for action; or shall not use his utmost exertions to bring his ship to battle; or shall fail to encourage, in his own person, his inferior officers and men to fight courageously; such offender shall suffer death, or such other punishment as a court martial shall adjudge: or any officer neglecting, on sight of any vessel or vessels of an enemy, to clear his ship for action, shall suffer such punishment as a court martial shall adjudge. And if any person in the navy shall treacherously yield or pusillanimously cry for quarters, he shall suffer death, on conviction thereof by a general court martial.

35. ART. V. Every officer or private who shall not properly observe the orders of his commanding officer, or shall not use his utmost exertions to carry them into execution, when ordered to prepare for, join in, or when actually engaged in battle; or shall at such time basely desert his duty or station, either then or while in sight of an enemy, or shall induce others to do so; every person so offending shall, on conviction thereof by a general court martial, suffer death or such other punishment as the said court shall adjudge.

36. ART. VI. Every officer or private who shall through cowardice, negligence or disaffection in time of action, withdraw from or keep out of battle, or shall not do his utmost to take or destroy every vessel which it is his duty to encounter, or shall not do his utmost endeavor to afford relief to ships belonging to the United States; every such offender shall, on conviction thereof by a general court martial, suffer death or such other punishment as the said court shall adjudge.

37. ART. VII. The commanding officer of every ship or vessel in the navy, who shall capture or seize upon any vessel as a prize, shall carefully preserve all the papers and writings found on board, and transmit the whole of the originals unmutilated to the judge of the district to which such prize is ordered to proceed; and shall transmit to the navy department, and to the agent appointed to pay the prize-money, complete lists of the officers and men entitled to a share of the capture, inserting therein the quality of every person rating; on pain of forfeiting his whole share of the prize-money resulting from such capture, and suffering such further punishment as a court martial shall adjudge.

38. ART. VIII. No person in the navy shall take out of a prize or vessel seized as prize, any money, plate, goods or any part of her rigging, unless it be for the better pre(a) By act 3 March 1857 27, the secretary of the navy is directed to have prepared, and to report to congress at its next session for its approval, a code of regulations for the government of the navy, which shall embrace such general orders and forms for the performance of all the necessary duties incumbent on the officers thereof, both ashore and afloat, including rules for the government

of courts martial and courts of inquiry, as well as to establish the rank and precedence of each grade of officers in the line of promotion, and the relative rank and precedence ashore and affost between them and non-combatants, and between officers and petty officers of all grades not in the line of promotion. 11 Stat. 247.