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ounces of bread, one and a quarter pound of beef, half a pound of four, one quarter of a pound of suet, one half pint of distilled spirits; Monday, fourteen ounces of bread, one pound of pork, half pint peas, one half pint of distilled spirits ; Tuesday, fourteen ounces of bread, one pound of beef, two ounces of cheese, one half pint of distilled spirits; Wednesday, fourteen ounces of bread, one pound of pork, half pint of rice, one half pint of distilled spirits ; Thursday, fourteen ounces of bread, one and a quarter pound of beef, half pound of flour, quarter pound of suet, one half pint distilled spirits ; Friday, fourteen ounces of bread, four ounces of cheese, two ounces of butter, half pint of rice, half pint of molasses, one half pint of distilled spirits; Saturday, fourteen ounces of bread, one pound of pork, half pint of peas, half pint of vinegar, one half pint of distilled spirits (1)
Of the Marines.
2472 Subject to navy regulations 2465 Brevet rank
2473 Oath-term of enlistment-privi- Provision when marine corps is on lege from arrest 2466 shore duty
2474 Rank of officers 2467 Employment of marines
2475 Pay and emoluments of officers, &c. 2468 Oath of allowance for wounds 2476 Staff, whence taken
2469 Marine corps liable at any time to Existing commissions not vacated 2470 do duty on shore, &c.
2477 President to prescribe regulations 2471
ART. 2464. From and after the passage of this act, the marine corps shall consist of the following officers, non-commissioned officers, musicians, and privates, viz. one colonel commandant, one lieutenant colonel, four majors, thirteen captains, twenty first lieutenants, twenty second lieutenants, one ad. jutant and inspector, one paymaster, one quartermaster, one assistant quartermaster, one sergeant-major, one quartermaster-sergeant, one drum-major, one fise-major, eighty sergeants, eighty corporals, thirty drummers, thirty fifers, and one thousand privates.(2)
2465. The said corps shall at all times be subject to, and under the laws and regulations which are, or may hereafter be, established for the better government of the navy, except when detached for service with the army by order of the president of the United States.(3)
2466. The officers, non-commissioned officers, musicians, and privates, shall take the oath prescribed by law, and all enlistments shall be for the term of four years, during which period marines, so enlisted, shall be, and are hereby, exempt from all personal arrest for debt or contract.(4)
2467. The officers of the marine corps shall be, in relation to rank, on the same footing as officers of similar grades in the army: Provided, That no officer of the marine corps shall exercise command over any navy yard or vessel of the United States.(5)
2468. 'The officers of the marine corps, shall be entitled to, and receive the same pay, emoluments, and allowances, as are now, or may hereafter be, allowed to officers of similar grades in the infantry of the army, except the adjutant and inspector, who shall be entitled to the same pay, emoluments, and allowances, as are received by the paymaster of said corps; and the noncommissioned officers, musicians, and privates, shall be entitled to the same pay, rations, clothing, and allowances, as they now receive.(6) See article 2278. (1) Act 3d March, 1801, sec. 3.
(4) Ibid. sec. 3. (2) Act 30th June, 1834, sec. 1.
(5) Ibid. sec. 4. (3) Ibid. sec. 2.
(6) Ibid. sec. 5.
2469. The staff of said corps shall be taken from the captains or subalterns of the corps (1)
2470. The commissions of the officers now in the marine corps shall not be vacated by this act, and the president of the United States may, during the recess of the senate, first by promotions according to rank, and then by selections, appoint the officers hereby authorized, which appointments shall be submitted to the senate, at their next session, for their advice and consent.(2)
2471. The president is hereby authorized to prescribe such military regulations for the discipline of the marine corps, as he may, in his judgment, deem expedient.(3)
2472. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.(4)
2473. The president may confer brevet rank on such officers of the marine corps as shall distinguish themselves by gallant actions or meritorious conduct, or who shall have served ten years in any one grade :* Prooided, That nothing herein contained shall be so construed as to entitle officers so brevetted to any additional pay or emoluments, except when commanding separate stations or detachments, whenever they shall be entitled to and receive the same pay and emoluments which officers of the same grades are now, or hereafter may be, allowed by law.(5)
2474. If the marine corps, or any part of it, shall be ordered by the president to do duty on shore, and it shall become necessary to appoint an adjutant, paymaster, quartermaster, sergeant-major, quartermaster-sergeant, and drum and fife-major, or any of them, the major or commandant of the corps is hereby authorized to appoint such staff officer or officers from the line of subalterns, sergeants, and music, respectively, who shall be entitled, during the time they shall do such duty, to the same extra pay and emoluments which are allowed by law to officers acting in the same capacities in the infantry (6)
2475. Detachments of the corps of marines hereby authorized, shall be made in lieu of the respective quotas of marines which have been established or authorized for the frigates, and other armed vessels and galleys, which shall be employed in the service of the United States : and the president of the United States may detach and appoint such of the officers of the marine corps to act on board the frigates, and any of the armed vessels of the United States, respectively, as he shall, from time to time, judge necessary, any thing in the act" providing a naval armament” to the contrary hereof notwithstanding (7)
2476. The officers, non-commissioned officers, privates, and musicians, aforesaid, shall take the same oath, and shall be governed by the same rules and articles of war as are prescribed for the military establishment of the United States, and by the rules for the regulation of the navy, heretofore, or which shall be established by law, according to the nature of the service in which they shall be employed, and shall be entitled to the same allowance, in case of wounds or disabilities, according to their respective ranks, as are granted by the act “ to ascertain and fix the military establishment of the United States."(8)
(1) Act 30th June, 1814, sec. 6.
Act April 16th, 1814, sec. 3.
* See supra, article 2300.
2477. The marine corps shall, at any time, be liable to do duty in the forts and garrisons of the United States, on the sea-coast, or any other duty on shore, as the president, at his discretion, shall direct.(1)
OF THE NAVAL HOSPITAL.
Deduction from pay of officers, &c. Commissioners to procure hospitals 2480
for hospital fund-officers, &c. Secretary of navy to prepare rules 2481
to have benefit of hospital 2478 Allowance to hospital on admittance Hospital commissioners and fund 2479 of officer, &c. and of pensioner 2482
2478. The secretary of the navy is authorized and directed to deduct, after the first day of September, 1799, from the pay thereafter to become due, of the officers, seamen, and marines, of the navy of the United States, at the rate of twenty cents per month, for every such officer, seaman, and marine, and to pay the same, quarter annually, to the secretary of the treasury, to be ap. plied to the same purposes as the money collected by virtue of the “ Act for the relief of sick and disabled seamen."(2)
The officer, seamen, and marines, of the navy of the United States, shall be entitled to the same benefits and advantages, as, by the act of 16th July, 1798, (see page 432,) are provided for the relief of the sick and disabled seamen of the merchant vessels of the United States. (3)
2479. The money hereafter collected by virtue of article 2478, shall be paid to the secretary of the navy, the secretary of the treasury, and the secretary of war, for the time being, who are hereby appointed a board of com. missioners, by the name and style of commissioners of navy hospitals, which, together with the sum of fifty thousand dollars, hereby appropriated out of the unexpended balance of the marine hospital fund, to be paid to the commissioners aforesaid, shall constitute a fund for navy hospitals.(4)
All fines imposed on navy officers, seamen, and marines, shall be paid to the commissioners of navy hospitals.(5)
2480. The commissioners of navy hospitals are hereby authorized and required to procuré, at a suitable place or places, proper sites for navy hospitals, and if the necessary buildings are not procured with the site, to cause such to be erected, having due regard to economy, and giving preference to such plans as, with most convenience and least cost, will admit of subsequent additions as the funds will permit, and circumstances require; and the commissioners are required, at one of the establishments to provide a permanent asylum for disabled and decrepid navy officers, seamen and marines.(6)*
(1) Act 11th July, 1798, sec. 6. (2) Act 2d March, 1799, sec. 2. (3) Ibid. sec. 3.
(4) Act 26th Feb. 1811, sec. 1.
• By act 10th July, 1832, the secretary of the navy, under direction of the president, was authorized to construct, for the use of the navy of the United States, proper hospitals, at or near the navy yard at Charlestown, Massachusetts, the navy yard, Brooklin, New York, and the navy yard, Pensacola. Hospitals have also been erected at Philadelphia and elsewhere.
2481. The secretary of the navy is authorized and required to prepare the necessary rules and regulations for the government of the institution, and report the same to the next session of congress (1)
2482. When any navy officer, seaman, or marine, shall be admitted into a navy hospital, the institution shall be allowed one ration per day during his continuance therein, to be deducted from the account of the United States, with such officer, seaman, or marine ; and in like manner, when any officer, seaman, or marine, entitled to a pension, shall be admitted into a navy hos. pital, such pension, during his continuance therein, shall be paid to the com. missioners of the navy hospital, and deducted from the account of such pensioner.(2)
Of the Regulations and Government of the Navy.
Board to be constituted for the re- Sleeping on watch, omission of duty,
vision of navy rules and regula- or leaving station, how punished 2502 tions 2483 Murder, how punished
2503 Commanders of vessels to show ex- Convoy's officers, &c.-duties, breach amples of virtue, &c. to correct of, how punished
2504 immoral conduct
2484 Officers not to receive goods, &c. Divine service on board of vessels 2485 on board, without leave disobe. Officers, &c. guilty of immoral con- dience, how punished, exceptions 2505 duct, how punished
2486 Public stores, wasting, embezzling, Officer failing in duty, on approach &c. of, how punished
2506 of any enemy-persons treacher- Public property, destruction of, how ously yielding-how punished 2487 punished
2507 Officer, &c. not observing orders, Theft, punishment of
2508 or quitting station in battle, how Abusing inhabitant on shore, punpunished 2488 ishment of
2509 Cowardice, negligence, &c. in ac- Persons in navy to aid in bringing tion, how punished
2489 offenders to punishment 2510 Officer taking prize to preserve
Duties of commanders relative to . papers, &c.-to transmit list of
2511 persons entitled to share 2490 Master at arms refusing prisoners, Provision relative to removal of or suffering them to escape, how goods, &c. from prize before con- punished
2491 Crimes not specified, how punished 2513 Penalty for maltreating persons on Petty officers, who deemed 2514 board of a prize
2492 Wages and prize-money, assignable, Penalty on holding intercourse with how
2515 enemy, &c. without authority 2493 General courts martial, when conPenalty for not communicating mes- vened-how constituted-oath of sage from enemy to commander 2494 members
2516 Spies, &c., how punished 2495 Testimony before courts martialPenalty for attempting mutiny 2496 charges how exhibited-arrestsPenalty for disobedience or assault proceedingssentences 2517 to superior officer
2497 Pardons, by whom granted 2518 Penalty for quarreling, &c. 2498 Courts of inquiry, by whom ordered Penalty for desertion, &c. 2499 -how constituted-powers-proFalse musters and frauds, how pun- ceeding-oath of members 2519 ished
2500 Power of officers continued when Punishment for negligently suffer. crew is separated from vessel ing vessel to be stranded 2501 by wreck-pay in case of loss of
Art. 2483. The president of the United States is hereby authorized to con. stitule a board of naval officers, to be composed of the naval commissioners
(1) Act 26th February, 1811, sec. 4.
(2) Ibid. sec. 5.
and two post captains, to meet at the seat of government, whose duty it shall be, with the aid and assistance of the attorney general, carefully to revise and enlarge the rules and regulations governing the naval service, with the view to adapt them to the present and future exigencies of this important arm of national desence, which rules and regulations, when approved by him, and sanctioned by congress, shall have the force of law, and stand in lieu of all others heretofore enacted.(1)*
From and after the first day of June, one thousand eight hundred, the fol. lowing rules and regulations shall be adopted and put in force, for the government of the navy of the United States (2)
2484. Article 1. The commanders of all vessels of war belonging to the navy, are strictly enjoined and required to show, in themselves, a good ex. ample of virtue, honour, 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.
2485. Article 2. The commanders of all 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 Sun. day, 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.
2486. Article 3. 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, ir 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.
2487. Article 4. Every commander or other officer, who shall, upon signal for battle, or on 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 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.
2488. Article 5. 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.
2489. Article 6. Every officer or private who shall, through cowardice,
(1) Act 19th May, 1832.
(2) Act 23d April, 1800, sec. 1.
* No report had been made in March, 1837, by the commissioners created by this act.