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He shall cause to be sold at such time and in such manner as he shall judge best for the public interest, the whole or a part of the vessels which were purchased under the authority of the “ Act authorizing an additional naval force for the suppression of piracy, and the whole of the public vessels on Lake Erie, Ontario, and Champlain, except the ships of the line New Orleans and Chippewa, now on the stocks, under cover at Sackett's Harbour.” The proceeds of such sales shall be applied, under the direction of the president, to the repairs and building of sloops of war, which have been or may be authorized to be built.(1)
2433. The president shall select and purchase a site for a navy yard and depot, on the coast of Florida, in the Gulf of Mexico, and erect such build. ings and make such improvements thereon as he may judge necessary for the accommodation and supply of the United States' vessels of war, in that quarter; and the sum of one hundred thousand dollars is appropriated for effecting that object.(2)
Of the organization of the Navy.
President to employ necessary offi- Pursers how appointed, to give 2434 bond
2439 Vessels, how commanded-titles of Seamen and boys may be enlisted, certain officers changed 2435
2440 Crews of 74 gun ships
2436 Assistant surgeon, examination of, Vessels in service, what 2437 before appointment
2441 How officered and manned 2438 Surgeon of fleet, how designated 2442
ART. 2434. The president is authorized to appoint such officers, and to employ the number of seamen which may be necessary for such vessels as are authorized by law to be put in commission, any law to the contrary notwithstanding (3)
2435. All the vessels in the service of the United States, mounting twenty guns and upwards, shall be commanded by captains; those not exceeding eighteen guns, by masters or lieutenants, according to the size of the vessel, to be regulated by the president of the United States.(4)
All “masters commandant” in the navy shall be taken to be and shall be called “commanders,” and all “sailingmasters" 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 sailingmaster 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)
2436. There shall be employed on board of each of the ships of seventyfour guns, one captain, six lieutenants, one captain, one first lieutenant, and one second lieutenant of marines ; one surgeon ; one chaplain; one purser ; and three surgeon's mates (6)
There shall be employed in each of the ships carrying seventy-four guns, the following warrant officers, who shall be appointed by the president of the United States : Que master, one second master, three master's mates, one boatswain, one gunner, one carpenter, one sailmaker, and twenty midship
(1) Act 3d March, 1825.
(4) Act 25th Feb. 1799, sec. 1.
men ; and the following petty officers, who shall be appointed by the captains of the ships, respectively, in which they are to be employed, viz: one armorer, six boatswain's mates, three gunner's mates, two carpenter's mates, one sailmaker's mate, one cooper, one steward, one master at arms, one cook, one coxswain, one boatswain's yeoman, one gunner's yeoman, one carpenter's yeoman, ten quarter gunners, eight quartermasters, and one clerk; and one schoolmaster, also to be appointed by the captain.(1)
The crews of each of the said ships of seventy-four guns, shall consist of two hundred able seamen, three hundred ordinary seamen and boys, three sergeants, three corporals, one drummer, one fifer, and sixty marines (2)
The pay of the schoolmaster shall be twenty-five dollars per month, and two rations per day.(3)
2437. The president is authorized to keep in actual service in time of peace, so many of the frigates and other armed vessels of the United States, as in his judgment the nature of the service may require, and to cause the residue to be laid up in ordinary and convenient ports.(4)
2438. The public armed vessels of the United States, in actual service, in time of peace, shall be officered and manned as the president shall direct. He may appoint, for the vessels in actual service, so many surgeons, surgeon's mates, sailingmasters, chaplains, pursers, boatswains, gunners, sailmakers, and carpenters, as may, in his opinion, be necessary and proper.(5)
2439. Pursers in the navy of the United States shall be appointed by the president, by and with the advice and consent of the senate; and no person shall act in ihe character of purser, who shall not have been thus first nomi. nated and appointed. And every purser, before entering upon the duties of his office, shall give bond, with two or more sufficient sureties, in the penalty of twenty-five thousand dollars, conditioned faithfully to perform all the duties of purser in the navy of the United States ; which sureties shall be approved by the judge or attorney of the United States for the district in which such purser shall reside.(6)
From and after the first day of May, 1817, no person shall act in the character of purser, who shall not enter into bond as aforesaid, excepting pursers on distant service, who shall not remain in service longer than two months after their return to the United States, unless they shall comply with the provisions of the first section of this act.(7)
2440. The enlistment of able seamen, ordinary seamen, and boys, may be, during the continuance of the service or cruise for which they may be enlisted, but not to exceed the period of three years; but the president may discharge them sooner, if, in his judgment, their services may be dispensed with.(8)
It shall be lawful to enlist boys for the navy, with the consent of their parents 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 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, 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, one thousand eight hundred
(1) Act 2d Jan. 1813, sec. 3.
(6) Act 1st March, 1817, sec 1.Act 30th March, 1812, sec. 6.
(7) Act 1st March, 1817, sec. 2,
(8) Act 31st Jan. 1809.-Act 15th May, 1820.
and twenty, as is inconsistent with the provisions of this act, is hereby repealed.(1)
When ihe time of service of any person enlisted for the navy, shall expire, while he is on board any of the public vessels of the United States employed on foreign service, it shall be the duty of the commanding officer of the fleet, squadron, or vessel in which such person may be, to send him to the United States in some public or other vessel, 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 cause thereof.(2)
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 regulations for the government of the navy, until their return to the United States ; and all such persons as shall be so detained, and all such as shall voluntarily re-enlist to 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 under their reenlistment, receive an addition of one-fourth to their former pay.(3)
2441. No person shall receive the appointment of assistant surgeon in the navy of the United States, unless he shall have been examined and approved by a board of naval surgeons, who shall be designated for that purpose, by the secretary of the navy department; and no person shall receive the appointment of surgeon in the navy of the United States until he shall have served as an assistant surgeon at least two years, on board a public vessel of the United States, at sea, and unless, also, he shall have been examined and approved by a board of surgeons constituted as aforesaid.(4)
2442. The president may designate and appoint to every fleet or squadron an experienced and intelligent surgeon, then in the naval service of the United States, to be denominated “surgeon of the fleet,” who shall be sur. geon of the flag ship, and who, in addition to his duties as such, shall examine and approve all requisitions for medical and hospital stores for the fleet, and inspect their quality ; and who shall, in difficult cases, consult with the surgeons of the several ships, and make records of the character and treatment of diseases, to be transmitted to the navy department; and who, in addition to the compensation allowed to surgeons at sea, shall be allowed double rations while acting as surgeon of the fleet.(5)
For navy agents, see articles 269, 270.
Of pay and subsistence in the Navy.
Pay of captain
of master commandant of lieutenants of assistant surgeons -of surgeons -of chaplains of professor of mathematics of secretaries -of sailingmasters of second masters (1) Act 2d March, 1837, sec. 1. (2) Ibid. sec. 2. (3) Ibid. sec. 3.
2443 Pay of passed midshipmen 2453 2444 -of warranted master's mates 2454 2445 -of midshipmen
2455 2446 -of clerks
2456 2447 -of boatswains, gunners, sail2448 makers, carpenters,
2457 2449 Officers performing duty of higher 2450 grades
2458 2451 Officers on furlough
2459 2452 Rations at sea
(4) Act 24th May, 1828, sec. 1.
Certain allowances not to be made to officers-pay fixed
Pay of officers and men of vessels taken by an enemy.
2462 Ration how composed
2443. From and after the passage of this act, the annual pay of the officers of the navy of the United States shall be as follows:
The senior captain, at all times when in service, four thousand five hundred dollars: when on leave of absence, or waiting orders, three thousand five hundred dollars : all other captains, when in command of squadrons on foreign stations, four thousand dollars : when on other duty, three thousand five hundred dollars : when off duty, two thousand five hundred dollars.
2444. Commanders, or masters commandants, when attached to vessels for sea service, two thousand five hundred dollars : when attached to navy yards, or on other duty, two thousand one hundred dollars : when on leave of absence, or waiting orders, one thousand eight hundred dollars.
2445. Lieutenants, commanding, one thousand eight hundred dollars : on other duty, one thousand five hundred dollars : waiting orders, one thousand two hundred dollars.
2446. Assistant surgeons, waiting orders, six hundred and fifty dollars : at sea, nine hundred and fifty dollars: after passing and found qualified for promotion to surgeon, eight hundred and fifty dollars: at sea, one thousand two hundred dollars: when stationed at navy yards, hospitals, rendezvous, and receiving ships, nine hundred and fifty dollars : after being passed and stationed as above, one thousand one hundred and fifty dollars.
If any assistant surgeon shall have been absent from the United States on duty, at the time others of his date were examined, he shall if not rejected at a subsequent examination be entitled to the same rank with them; and if from any cause, his relative rank cannot be assigned to him, he will retain his original position on the register.
2447. Surgeon, for the first five years after the date of his commission, one thousand dollars : for the second five years, one thousand two hundred dollars : for the third five years, one thousand four hundred dol. lars: for the fourth five years, one thousand six hundred dollars : after he shall have been commissioned as a surgeon twenty years and upwards, one thousand eight hundred dollars.
All surgeons of the navy under orders for duty, at navy yards, receiving vessels, rendezvous, or naval hospitals, shall have an increase of one-fourth of the foregoing amount of their respective annual pay, from the date of their acceptance of such orders.
All surgeons of the navy ordered to any of the ships or vessels of the United States, commissioned for sea service, shall have an increase of onethird of the foregoing amount of their respective annual pay, from the date of their acceptance of such orders.
All surgeons of the navy, ordered as fleet surgeons, shall have an increase of one-half of their respective annual pay, from the date of their acceptance of such orders.
2448. Chaplains, when attached to vessels for sea-service, or at navy yards, one thousand two hundred dollars : when on leave of absence, or waiting orders, eight hundred dollars.
2449. Professor of mathematics, when attached to vessels for sea service, or in a yard, one thousand two hundred dollars.
2450. Secretaries to commanders of squadrons, when commanding in chief, one thousand dollars : to commanders of squadrons, when not commanding in chief, nine hundred dollars.
2451. Sailingmasters, of a ship of the line, for sea service, one thousand one hundred dollars : when on other duty, one thousand dollars : when on leave of absence, or waiting orders, seven hundred and fifty dollars.
2452. Second masters, when attached to vessels for sea service, seven hundred and fifty dollars : when on other duty, five hundred dollars: when on leave of absence, or waiting orders, four hundred dollars.
2453. Passed midshipmen, on duty, seven hundred and fifty dollars : waiting orders, six hundred dollars.
2454. Warranted masters' mates, when attached to vessels for sea ser. vice, or at navy yards, four hundred and fifty dollars : when on leave of absence, or waiting orders, three hundred dollars.
2455. Midshipmen, when attached to vessels for sea service, four hundred dollars: when on other duty, three hundred and fifty dollars : when on leave of absence, or waiting orders, three hundred dollars.
2456. Clerks, of a yard, nine hundred dollars : first clerk to a commandant of a navy yard, nine hundred dollars : second clerk to a command. ant of a navy yard, seven hundred and fifty dollars : to commanders of squadrons, captains of fleets, and commanders of vessels, five hundred dollars.
2457. Boatswains, gunners, sailmakers, carpenters, of a ship of the line, for sea service, seven hundred and fifty dollars : of a frigate for sea service, six hundred dollars : when on other duty, five hundred dollars: when on leave of absence, or waiting orders, three hundred and sixty dollars.
2458. Officers temporarily performing the duties belonging to those of a higher grade, shall receive the compensation allowed to such higher grade, while actually so employed.
2459. No officer shall be put on furlough but at his own request, and all officers so furloughed shall receive one-half only of the pay to which they would have been entitled if on leave of absence.
2460. One ration per day, only shall be allowed to all officers when attached to vessels for sea service.(1)
2461. No allowance shall hereafter be made to any officer, in the naval service of the United States, for drawing bills, for receiving or disbursing money, or transacting any business for the government of the United States, nor shall be be allowed servants, or pay for servants, or clothing or rations for them, or pay for the same, nor shall any allowance be made to him for rent of quarters, or to pay rent for furniture, or for lights or fuel, or transporting baggage. It is hereby expressly declared that the yearly allowance provided in this act is all the pay, compensation, and allowance that shall be received under any circumstances whatever, by any such officer or person, except for travelling expenses when under orders, for which ten cents per mile shall be allowed.(2)
2462. All the pay and emoluments of such officers and men, of any of the vessels of the United States taken by an enemy, who shall appear, by the sentence of a court martial, or otherwise, to have done their utmost to preserve and defend their vessel, and, after the taking thereof, have behaved themselves obediently to their superiors, agreeably to the discipline of the navy, shall go on and be paid them until their death, exchange or dis. charge.(3)
2463 The navy ration shall consist of as follows: on Sunday, fourteen
(1) Act 3d March, 1835, sec. 1. (2) Ibid. sec. 2.
(3) Act 23d April, 1800, sec. 4.