23 April 1800. mates, gunner's mates, carpenter's mates, ship's stewards, sailmakers, masters-at-arms, armoters, cockswains and coopers, three-twentieths and a half. When other ships to share. When flag officer to be entitled. Ibid. 27. Bounty for ves V. To gunner's yeomen, boatswain's yeomen, quartermasters, quartergunners, sail maker's mates, sergeants and corporals of marines, drummers, fifers and extra petty officers, two-twentieths and a half. VI. To seamen, ordinary seamen, marines and all other persons doing duty on board, seven-twentieths. VII. Whenever one or more public ships or vessels are in sight at the time any one or more ships are taking a prize or prizes, they shall all share equally in the prize or prizes, according to the number of men and guns on board each ship in sight.(a) No commander of a fleet or squadron shall be entitled to receive any share of prizes. taken by vessels not under his immediate command; nor of such prizes as may have been taken by ships or vessels intended to be placed under his command, before they have acted under his immediate orders; nor shall a commander of a fleet or squadron, leaving the station where he had the command, have any share in the prizes taken by ships left on such station after he has gone out of the limits of his said command.(b) 80. A bounty shall be paid by the United States of twenty dollars for each person on board any ship of an enemy at the commencement of an engagement, which shall be sel destroyed in sunk or destroyed by any ship or vessel belonging to the United States of equal or inferior force; the same to be divided among the officers and crew in the same manner as prize-money. action. Ibid. 28. Naval pensions. Ibid. 29. Naval pension fund. Ibid. 2 10. Commissioners to invest the same. Report to congress. 8 March 1849 2 8. 9 Stat. 378. be paid into the treasury. 81. Every officer, seamen or marine, disabled in the line of his duty, (c) shall be entitled to receive for life, or during his disability, a pension from the United States aecording to the nature and degree of his disability, not exceeding one-half his monthly pay. 82. All money accruing, or which has already accrued to the United States from the sale of prizes, shall be and remain for ever a fund for the payment of pensions and halfpay, should the same be hereafter granted to the officers and seamen who may be entitled to receive the same; and if the said fund shall be insufficient for the purpose, the public faith is hereby pledged to make up the deficiency; but if it should be more than sufficient, the surplus shall be applied to the making of further provision for the comfort of the disabled officers, seamen and marines, and for such as, though not disabled, may merit by their bravery, or long and faithful services, the gratitude of their country. 83. The said fund shall be under the management and direction of the secretary of the navy, the secretary of the treasury and the secretary of war, for the time being,(d) who are hereby authorized to receive any sums to which the United States may be entitled from the sale of prizes, and employ and invest the same, and the interest arising therefrom, in any manner which a majority of them may deem most advantageous. And it shall be the duty of the said commissioners to lay before congress annually, in the first week of their session, a minute statement of their proceedings relative to the management of said fund. 84. All prize-money arising from captures made by the vessels of the navy of the United States, received by the marshal who shall make sale of such prizes, shall, within Prize money to sixty days after such sale, deposit the net proceeds, after paying all charges, as now provided by law, into the treasury of the United States; (e) and all money now in the hands of prize agents shall also be deposited in the treasury, to be distributed as now provided by law; (g) such part thereof as may belong to the officers and crews of the vessels of the navy shall be paid to them under the direction of the secretary of the navy.(h) And the law authorizing the appointment of prize agents is hereby repealed. 28 Sept. 1850 1. 85. That flogging in the navy, and on board vessels of commerce, be and the same is hereby abolished from and after the passage of this act.(i) Distribution. 9 Stat. 515. 2 March 1855 1. 10 Stat. 627. Honorable discharges. 86. It shall be the duty of every commanding officer of any of the vessels of the navy, on returning from a cruise, to forward, immediately on his arrival in port, to the secre tary of the navy, a list of the names of such of the crew, who enlisted for three years, as in his opinion, on being discharged, are entitled to an "honorable discharge," as a tes (a) The same rule applies tc joint captures by privateers. The Despatch. 2 Gall. 1. (b) To deprive a commander of his flag twentieth on account of having left his station, it is indispensable, that some local station should have been assigned to him. Decatur v. Chew, 1 Gall. 506. And see 3 Opin. 451-2. (e) The word "disabled,” means any degree of personal disability which renders the individual less able to provide for his subsistence. 2 Opin. 542, 545. A scamen disabled by punishment inflicted by an enemy for endeavoring to escape from him, after having been taken prisoner, is within the spirit of the act. 1 Ibid. 461. And see Accardi v. United States, Dev. C. C. 134. This act divested prize courts of all power to distribute prizemoneys. 5 Opin. 142. It is proper, however, to institute procvedings in the prize court to compel a compliance with the law. Ibid. 266. (g) This act relates exclusively to the mode of making sales of prize property, the custody of the proceeds, and the authority under which distribution should be made: it has no reference ta the shares or proportions in which the proceeds are to be distributed. The Porpoise, 2 Curt. C. C. 316. (h) See Berryman v. United States, 9 Law. Rep 623. (i) This law does not abolish all corporal punishment. 1 Curt. C. C. 516. It prohibits corporal punishment by stripes, inficted with a cat, and any punishment which in substance and elect amounts thereto. United States v. Cutler, 1 Curt. C. C. 502. Sea United States v. Collins, 2 Ibid. 194. timonial of fidelity and obedience; and he shall grant the same to such, according to the 2 March 1855. form to be prescribed by the secretary of the navy. 87. If any seaman, ordinary seaman, landsman or boy, shall re-enlist for three years, Ibid. 22. within three months after his discharge, he shall, on presenting his honorable discharge, Re-enlistment of or on accounting in a satisfactory manner for its loss, be entitled to pay during the said seamen honorthree months, equal to that to which he would have been entitled if he had been employed in actual service. 88. It shall be the duty of commanders of any vessel in the navy, in granting temporary leave of absence and liberty on shore, to exercise carefully a discrimination in favor of the faithful and obedient. ably discharged Ibid. 23. Leave of absence. Ibid. 4. 89. Summary courts martial may be ordered upon petty officers and persons of inferior ratings, by the commander of any vessel in the navy to which such persons belong, for Summary courts the trial of offences which he may deem deserving of greater punishment than the com- martial. mander of a vessel himself is by law authorized to inflict of his own authority, but not sufficient to require trial by general court martial. 66 Ibid. 25. 90. Summary courts martial shall consist of three officers not below the rank of passed midshipman, and of some competent person to act as recorder. Before proceeding to How constituted. trial, the members shall take the following oath or affirmation, which the recorder is hereby authorized to administer: You, A. B., do solemnly swear (or affirm) that you Oaths. will well and truly try, without prejudice or partiality, the case now depending, according to the evidence which shall be adduced, the laws for the government of the navy and your own conscience: So help you God." After which, the recorder of the court shall take the following oath or affirmation, which the senior member of the court shall administer: "You, A. B., do solemnly swear (or affirm) that you will keep a true record of the evidence which may be given before this court, and of the proceedings thereof: So help you God." 91. The commander of a ship shall have authority to order any officer under his command to act as the recorder of a summary court martial. Ibid. 26. Ibid. 7. 92. All testimony given before such court shall be given orally, on oath or affirmation, which the senior member of the court shall administer. Testimony. Summary courts martial may sentence petty officers and persons of inferior ratings to any one of the following punishments, viz. : I. Discharge from the service with bad conduct discharge, but the sentence not to be Punishments. carried into effect in a foreign country. II. Solitary confinement in irons, single or double, on bread and water, or diminished rations, provided no such confinement shall exceed thirty days. III. Solitary confinement in irons, single or double, not exceeding thirty days. IV. Solitary confinement not exceeding thirty days. V. Confinement not exceeding two months. VI. Reduction to next inferior rating. VII. Deprivation of liberty on shore on foreign station. VIII. Extra police duties, and loss of pay, not to exceed three months, may be added to any of the above-mentioned punishments. 93. No sentence of a summary court martial shall be carried into effect without the approval of the officer ordering the court; who shall have power to remit, in part or Approval and realtogether, but not to commute, any such sentence. And it shall be the duty of any such mission of sencommanding officer to remit any part or the whole of any sentence by a summary court martial, the execution of which would, in the opinion of the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced; or, in case he shall refuse to do so, it shall be his duty, without delay, to submit Rehearing. the case again to the same or to another summary court martial, which shall have power, upon the testimony already taken, to remit the former punishment, and to assign some other of the authorized punishments in the place thereof. Ibid. 28. tence. Ibid. 29. Proceedings, how 94. The proceedings of summary courts martial shall be conducted with as much conciseness and precision as may be consistent with the ends of justice, and under such forms and rules as may be prescribed by the secretary of the navy, with the approval of conducted. the president of the United States; and all such proceedings shall be transmitted, in the usual mode, to the navy department. 95. Any punishments authorized by this act to be inflicted by a summary court martial, may likewise be inflicted by any general court martial. Ibid. 10. Ibid. 11. 96. Any person who shall entice any seaman, ordinary seaman, landsman or boy, who may have enlisted into the naval service of the United States, to desert therefrom, or punishment for who shall conceal any person who may have so deserted, and shall refuse to deliver him enticing scamen up upon the order of his commanding officer, shall, upon legal conviction thereof, be cealing deserters. to desert or con 2 March 1855. fined at the discretion of the court, in any sum not exceeding three hundred dollars, or be imprisoned for any term not exceeding one year. 24 May 1828 1. 4 Stat. 313. V. MEDICAL DEPARTMENT. 97. 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 Examination of surgeons, (a) who shall be designated for that purpose, by the secretary of the navy de assistant surgeons, &c. Ibid. 22. Fleet surgeon. 30 March 181226. 2 Stat. 699. partment. 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. 98. The president of the United States 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 surgeon 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 as aforesaid. VI. PURSERS. 99. The pursers in the navy of the United States shall be appointed by the president of the United States, by and with the advice and consent of the senate; and that from Appointment of and after the first day of May next, no person shall act in the character of purser who shall not have been thus first nominated and appointed, excepting pursers on distant service, who shall not remain in service after the first day of July next, unless nominated and appointed as aforesaid.(b) pursers. 1 March 18173 1. 3 Stat. 350. To give bond. Ibid. 22. Not to act before giving bond, ex cept on distant service. 26 Aug. 1842 1. 5 Stat. 535. Purchase of stores. To receive no profit thereon. Ibid. 22. Regulations to be proscribed. Ibid. 23. ments. 100. Every purser now in service, or who may hereafter be appointed, shall, instead of the bond required by the act to which this is a supplement, enter into bond (c) with two or more sufficient sureties, in the penalty of twenty-five thousand dollars, conditioned for the faithful discharge of all his duties as purser in the navy of the United States; which said sureties shall be approved (d) by the judge or attorney of the United States for the district in which such purser shall reside.(e) 101. 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. 102. All purchases of clothing, groceries, stores and supplies of every description for the use of the navy, as well for vessels in commission as for yards and stations, shall be made with and out of the public moneys appropriated for the support of the navy, under such directions and regulations as may be made by the executive for that purpose. And it shall not be lawful for pursers, or other officers or persons holding commission or employment in the naval service, to procure stores or any other articles or supplies for, and dispose thereof to, the officers or to the crew, during the period of their enlistment, on or for their own account or benefit; nor shall any profit or per-centage upon stores or supplies be charged to, or received from, persons in the naval service, other than those which are hereinafter prescribed. 103. It shall be the duty of the executive to provide such rules and regulations for the purchase, preservation and disposition of all articles, stores and supplies, for persons in the navy, as may be necessary for the safe and economical administration of that branch of the public service. 104. In lieu of the pay, rations, allowances and other emoluments authorized by the Pay and emolu- existing laws and regulations, the annual pay of pursers shall be as follows, viz.: when attached to vessels in commission for sea service, they shall receive, for ships of the line, three thousand five hundred dollars; for frigates (g) or razees, three thousand dollars for sloops of war and steamers of first class, two thousand dollars; for brigs and schooners, and steamers, less than first class, fifteen hundred dollars; on duty at navy yards at Boston, New York, Norfolk and Pensacola, two thousand five hundred dollars; at Portsmouth, Philadelphia and Washington, two thousand dollars; at naval stations within (a) This does not prohibit the temporary employment of medical assistants. 3 Opin. 289. (b) The commander of a squadron, on a foreign station, has power to appoint an acting purser, in the absence of any purser of the navy duly appointed by the president. And although such appointment be subsequently disapproved by the secretary of the navy, still the acts which said officer may have performed while so acting, are not thereby invalidated. 6 Opin. 357. (c) See 2 Opin. 93 (d) An approval of the sureties is, to all substantial purposes, an approval of the bond. 2 Opin. 93. (e) To save the necessity of proof on this subject, the residence should be expressed in the body of the instrument. 2 Opin. 93. (g) War steamers, of the tonnage, spars, rigging and armament of frigates, and rated as such by the department, may be regard, d as frigates, for the purpose of determining the compensation to which the pursers thereof are entitled. 4 Opin. 357. the United States, fifteen hundred dollars; and in receiving-ships at Boston, New York 26 August 1842. and Norfolk, two thousand five hundred dollars; and at other places, fifteen hundred dollars; on leave or waiting orders, the same pay as surgeons. (a) And it is hereby No extra comexpressly declared that the yearly pay provided in this act is all the pay, compensation rations and pensation, except and allowance that shall be received, under any circumstances, by pursers, except one travelling exration each per day, when attached to vessels for sea service, and except, also, for travelling expenses, when under orders, for which ten cents per mile shall be allowed. penses. Ibid. 24. 105. Nothing in this act contained shall be construed to affect the bonds which have heretofore been given by pursers in the navy, but the same shall remain in full force and New bonds may effect, as if this law had not been passed. And the secretary of the navy is hereby au- be required. thorized and required to demand and receive from them, or any of them, new bonds, with sufficient sureties, in all cases in which he may consider the same necessary and expedient; and in case any purser shall neglect or refuse to give such new bond, it shall In default, to be be the duty of the executive to dismiss him forthwith from the service. 106. It shall not be lawful for a purser in the navy to advance or loan any sum or sums of money, public or private, or any article or commodity whatever, or any credit, to any officer in the naval service, under any pretence whatever. dismissed. Ibid. 26. Not to loan to officers, &c. Ibid. 28. 107. Pursers attached to, and doing duty in navy yards, at Boston, New York and Norfolk, and sea-going vessels of a larger class than sloops of war, shall be authorized Pursers' clerks. to appoint a clerk or assistant, to be approved by the commanding officer of such yard or vessel. And the yearly compensation of said clerk shall be as follows, viz.: in a frigate, Compensation. or navy yard at Boston, New York and Norfolk, five hundred dollars; in a ship of the line, seven hundred dollars; said assistant or clerk shall have the privileges which are allowed to the clerk of the commanding officer; and each purser and clerk, while attached to vessels in commission, shall receive one ration per day. 108. No more than one purser doing duty at any navy yard shall at the same time be 3 March 1845 2 8. entitled to the pay fixed by law for that service. 5 Stat. 795. 9 Stat. 173. capture, to be 109. In every case of the loss or capture of a vessel belonging to the navy of the United 3 March 1847 8 6. States, the accounting officers of the treasury, under the direction of the secretary of the navy, shall be and they are hereby authorized, in the settlement of the accounts of the In case of loss or purser of such vessel, to credit him with such portion of the amount of the provisions, credited with clothing, small stores and money, with which he stands charged on the books of the stores on board. fourth auditor of the treasury, as they shall be satisfied was inevitably lost by such capture or loss of a public vessel; and such purser shall be fully exonerated by such credit from all liability on account of the provisions, clothing, small stores and money, so proved to have been captured or lost. 9 Stat. 378. 110. In lieu of the pay allowed by law, a purser, when, by order of the secretary of 3 March 1849 3 4 the navy, attached to and doing duty at the naval station of California, shall receive the same pay as if attached to a frigate in commission for sea service: Provided, That not Pay in California. nore than one purser shall, at the same time, be attached to the said station on general or special duty. 111. The pay of a purser, when attached to and doing duty at the naval station of 3 March 1853 8 1. California, shall be four thousand dollars per annum; and he shall be allowed a clerk at a compensation not exceeding two thousand dollars per annum. VII. PROFESSORS OF MATHEMATICS. 10 Stat. 220. At naval stations in California. 5 Stat. 576. 112. Professors of mathematics in the navy of the United States shall be entitled to 31 Aug. 1842 2 1. live and mess with the lieutenants of sea-going and receiving vessels, and shall receive such rations as lieutenants of the same ship or station shall receive. 9 Stat. 272. professors. 113. The number of professors of mathematics in the navy shall not exceed twelve; 3 Aug. 1848 ? 12 they shall be appointed and commissioned by the president of the United States, by and with the advice and consent of the senate; and shall perform such duties as may Appointment of be assigned them by order of the secretary of the navy, at the naval school, the obser- Duties. vatory, and on board ships of war, in instructing the midshipmen of the navy, or otherwise. When on duty, the pay of a professor of mathematics shall be at the rate of fifteen Pay. hundred dollars per annum, with a ration; and when on leave of absence or waiting crders, the pay shall be at the rate of eight hundred dollars per annum. VIII. ENGINEERS. 5 Stat. 677. 114. The secretary of the navy (b) shall appoint the requisite number of chief engi- 31 Aug. 1842 3 1. neers and assistant engineers, not to exceed one chief engineer, two first assistant, two second assistant and three third assistant engineers for each steam ship of war, for the Engineers to be appointed. naval service of the United States, who shall be paid when in actual service as follows: (c) to the chief engineer, fifteen hundred dollars per annum and one ration per day; to the Pay and rations (a) See infra, 129. The service of pursers must be continuous, under the same commission, to entitle them to the progressive pay and rations prescribed by this act. 4 Opin. 215. (b) Sea infru, 120. (c) See infra, 122. 31 August 1842. first assistant engineer, nine hundred dollars per annum and one ration per day; to the second assistant engineer, seven hundred dollars and one ration per day; to the third assistant engineer, five hundred dollars per annum and one ration per day. The chief engineer shall be entitled to mess in the ward room of ships of war, and in all cases of prize-money he shall share as a lieutenant; the first assistant engineer shall share as a lieutenant of marines; the second assistant engineer shall share as a midshipman; the third assistant engineer shall share as the forward officers; but neither the chief nor the assistant engineers shall hold any other rank than as engineers. Prize-money. Rank. Ibid. 22. Firemen and coal-heavers. Thid. 24. Engineer-inchief. Ibid. 25. Uniform. Regulations. 115. The secretary of the navy shall be authorized to enlist and employ the requisite number of firemen, [who shall receive each thirty dollars per month and one ration per day,] (a) and the requisite number of coal-heavers, [who shall receive each eighteen dollars per month and one ration per day.] And the said firemen and coal-heavers shall, in all cases of prize-money, share as seamen. 116. The secretary of the navy (b) shall appoint a skilful and scientific engineer-in-chief, who shall receive for his services the sum of three thousand dollars per annum, and shall perform such duties as the secretary of the navy shall require of him touching that branch of the service. 117. The secretary of the navy shall be authorized to prescribe a uniform for the said chief engineers and assistant engineers, and to make all necessary rules and regulations for the proper arrangement and government of the corps of engineers, and assistant engineers, not inconsistent with the constitution and laws of the United States. The said engineers and assistant engineers shall be in all respects subject to the laws, rules and regulations of the naval service, in like manner with other officers of the service. 118. The said chief engineers shall be appointed by commission, and the assistant Commissions and engineer shall be appointed by warrant from the secretary of the navy, in such form as he may prescribe. Ibid. 26. warrants. Ibid. 7. 119. That the secretary of the navy be and he is hereby authorized to establish, at Depots for fuel. such places as he may deem necessary, suitable depots of coal, or other fuel for the supply of steam ships of war. 3 March 1845 7. 5 Stat. 794. Appointments. 3 March 18478 4. 9 Stat. 173. Pay of firemen and coal-heavers. 3 March 1849 6. 9 Stat. 378. Pay of engineers. 8 March 1851 23. 9 Stat. 625. Rank of those absent at examination. 18 April 1814 1. 3 Stat. 136. President to fix pay of seamen, &c., and bounty on enlistment. 8 March 1835 21. 4 Stat. 755. Pay of the navy. Captains. 120. In lieu of the mode heretofore provided by law, the engineer-in-chief, and chief engineers of the navy, shall be appointed by the president, by and with the advice and consent of the senate. 121. The pay of firemen and coal heavers employed in the naval service, shall hereafter be fixed by the president of the United States, in the same manner as is now provided by law for the pay of other petty officers, and of seamen, ordinary seamen and marines. And so much of the act of congress approved August 31st 1842, entitled “ An act to regulate the appointment and pay of engineers in the navy of the United States,” as fixes the pay of firemen and coal-heavers, be and the same is hereby repealed. 122. The engineers in the navy shall hereafter receive the following pay, viz.: Chief engineers on duty, first five years, fifteen hundred dollars. Chief engineers on duty, after five years, two thousand dollars. Chief engineers on leave, first five years, twelve hundred dollars. Chief engineers on leave, after five years, fourteen hundred dollars. First assistant engineers, on duty, one thousand dollars. First assistant engineers, on leave, eight hundred and fifty dollars. Second assistant engineers, on leave, six hundred dollars. 123. If any assistant engineer 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 shall retain his original position on the register. IX. PAY AND SUBSISTENCE. 124. The pay, and bounty upon enlistment, of the seamen, ordinary seamen and marines, shall be fixed by the president of the United States: (c) Provided, That the whole sum to be given for the whole pay aforesaid, and for the pay of officers, and that the amount of bounties upon enlistment of seamen and marines, shall not exceed for any year the amount which may, in such year, be appropriated for those purposes respectively. 125. The annual pay of the officers of the navy of the United States shall be as fullows: (d) The Senior Captain.—At all times when in service, four thousand five hundred dollars. (a) See infra, 121. (b) See infra, 120. (c) See 1 Opin. 192. 6 Ibid. 380. (d) See 3 Opin. 124. |