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major, fourteen captains, tweive first lieutenants, twenty second lieutenants, sixtyone sergeants, forty two drums and fifes, and six hundred and ninety-six privates, who shall be respectively allowed the same pay, bounty, clothing, and rations, and shall be employed under the same. rules and regulations, to which the said marine corps are or shall be entitled and subject.

captairs or

SECT. 2. The adjutant, paymaster, and Art. 150. quartermaster, of the marine corps, may The staff to be be taken either from the line of captains taken from the or subalterns, and the said officers shall subalterns. respectively receive thirty dollars per Their pay. month, in addition to their pay in the line, in full of all emoluments.

cases.

SECT 3. The President of the United Art. 151. States shall be, and he is hereby, author- President may ized to confer brevet rank on such officers confer brevet of the marine corps, as shall distinguish rank incertain themselves by gallant actions or meritorious conduct, or who shall have served ten years in any one grade: Provided, That Proviso, 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, when 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.

Art. 152.

President may

SECT. 4. It shall be lawful for the President of the United States, in the recess appoint the of of the Senate, to appoint any of the officers authorized by this act; which appointments shall be submitted to the Senate at their next session, for their advice and consent.

ficers in the

recess of the Senate.

Art. 153. And of the navy.

Art. 154.

ficers, musicians, and privates.

SECT. 5. It shall be lawful for the President of the United States, in the recess of the Senate, 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 consent.

[Approved, 16 April, 1814.

An ACT to fix the Peace Establishment of the Ma

rine Corps.

[Vol. 6, page 219.]

SECT. 1. Be it enacted, &c. That the

Number of of Peace establishment of the marine corps shall consist of the following officers, noncommissioned officers, musicians, and privates, viz: one lieutenant colonel cominandant, nine captains, twenty four first lieutenants, sixteen second lieutenants, one adjutant and inspector, one paymaster, and one quartermaster, to be taken from the said captains and lieutenants, seventy three corporals, forty two drums and fifes, and seven hundred and fifty privates.

Art. 155.

SECT. 2. That the President of the The President United States cause the provisions of this

ried into effect

act to be carried into effect on the first to cause this day of April next, or as soon thereafter Act to be caras circumstances will admit, and cause on the 1st of any supernumerary officers to be discharg- April, 1817: ed from the service of the United States; Supernumeraand to all persons so discharged, there be discharged, shall be paid three months' additional with three pay.

ry officers to

months' additional pay.

SECT. 3. That the President of the United States may, in the recess of the Art. 156. Senate, appoint any of the officers au- The President thorized by this act, which appointments may appoint shall be submitted to the Senate, at their any of the ofnext session, for their advice and consent. cess of the Se[Approved, 3 March, 1817.

ficers in the re

nate, &c.

8*

90

Art. 157.

Art. 158. Exemplary

conduct incumbent on commanders.

Art. 159.

GOVERNMENT OF THE NAVY.

An ACT for the better government of the Navy of the
United States.

[Vol. 3, page 351.]

SECT. 1. Be it enacted, &c. 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. 1. 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, 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.

ART. 2. The commanders of all ships Divine service and vessels in the navy, having chaplains and preaching. 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 accident 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.

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ART. 3. Any officer, or other person Art. 160. in the navy, who shall be guilty of op- Punishment pression, cruelty, fraud, profane swear- for scandalous. ing, drunkenness, or any other scandalous conduct, &c.' 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.

to attack and

ART. 4. Every commander, or other Art. 161. officer, who shall, upon signal for battle, Penalties on or on the probability of an engagement, breach of duty neglect to clear his ship for action, or with respect shall not use his utmost exertions to bring battle. 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.

ART. 5. Every officer or private who Art. 162.

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