To a captain, or master, fifty dollars per month and the subsistence of a captain in the army of the United States; to a first lieutenant or mate, thirty-five dollars per month: to a second lieutenant or mate, thirty dollars per month; to a third lieutenant or mate, twenty-five dollars per month, and to every lieutenant or mate, the subsistence of a lieutenant in the army of the United States; and the pay of the non-commissioned officers, gunners and mariners employed in the said cutters, shall from time to time be established and varied by the President of the United States, not exceeding twenty dollars per month, with such rations as are or shall be allowed in the naval service of the United States. SEC. 4. And be it further enacted, That whenever a collector shall die or resign, the commissions to which he would have been entitled, on the receipt of all duties bonded by him, shall be equally divided between the collector resigning, or the legal representative of such deceased collector, and his successor in office, whose duty it shall be to collect the same, and for this purpose all the public or official books, papers and accounts of the collector resigning or deceased, shall be delivered over to such successor. APPROVED, March 2, 1799. CHAP. XXIV.—An Act for the Government of the Navy of the United States. (a) March 2, 1799. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following rules and regulations be adopted and put in force, for the government of the navy of the United States. ARTICLE 1. The commanders of all ships and vessels, belonging to the United States, are strictly required to show in themselves a good example of honour and virtue to their officers and men, and to be very vigilant in inspecting the behaviour of all such as are under them, and to discountenance and suppress all dissolute, immoral, and disorderly practices, and also such as are contrary to the rules of discipline and obedience, and to correct those who are guilty of the same, according to the usage of the sea service. 2. The commanders of the ships of the United States, having on board chaplains, are to take care, that divine service be performed twice a day, and a sermon preached on Sundays, unless bad weather, or other extraordinary accidents prevent. Repealed 1800, ch. 33, sec. 11. Duty of commanders. Divine service. 3. Any person who shall be guilty of profane swearing, or of drunk- Swearing and enness, if a seaman or marine, shall be put in irons until sober, and drunkenness. then flogged if the captain shall think proper-but if an officer, he shall forfeit two days pay, or incur such punishment as a court martial shall impose, and as the nature and degree of the offence shall deserve. 4. No commander, for any one offence, shall inflict any punishment upon a seaman or marine beyond twelve lashes upon his bare back with a cat of nine tails, and no other cat shall be made use of on board any ship of war, or other vessel belonging to the United States-if the fault shall deserve a greater punishment, he is to apply to the Secretary of the Navy, the commander in chief of the navy, or the commander of a squadron, in order to the trying of him by a court martial; and in the mean time he may put him under confinement. 5. The commander is never by his own authority to discharge a commission or warrant officer, nor to punish or strike him, but he may suspend or confine him, and shall report the case to the Secretary of the Commanders not to inflict a ment than greater punishtwelve lashes : Nor to discharge commission or warrant officers, &c. (a) The acts of Congress establishing rules and regulations for the government of the navy of the United States, have been: An act for the government of the navy of the United States, March 2, 1799, chap. 24 (obsolete); an act for the better government of the navy of the United States, April 23, 1800, chap. 33; an act authorizing a revision and extension of the rules and regulations of the naval service, May 19, 1832, chap. 80. Officer occasionally commanding not to order punish. ment. Articles of war to be hung up and read. Seamen to be entered on the ship's books. Return of offi cers and men to be made, &c. Men to be Navy, or commandant of a squadron, as soon as he arrives in port, if at sea, or if in port in ten days, in order that a court martial may decide on the offence. 6. The officer who commands by accident in the captain or commander's absence (unless he be absent for a time by leave) shall not order any correction but confinement, and upon the captain's return on board, he shall then give an account of his reasons for so doing. 7. The captain is to oause the articles of war to be hung up in some public place of the ship, and read to the ship's company once a month. 8. Whenever a captain shall enter or enlist a seaman, he shall take care to enter on his books, the time and terms of his entering, in order to his being justly paid. 9. The captain shall, before he sails, make return to the Secretary of the Navy a complete list of all his officers and men, with the time and terms of their entering, and during his cruise or station, shall keep a true account of the desertion or death of any of them, and of the entering of others, and after the expiration of the time for which they were entered, and before any of them are paid off, he shall make return of a complete list of the same, including those who shall remain on board his ship. 10. The men shall, at their request, be furnished with slops that are furnished with necessary, by order of the captain, and the amount delivered to each slops. man, shall be regularly returned by the purser, so that the same be stopped out of his pay. Who are petty officers. Petty officers and seamen turned over into another ship, not to be rated lower, &c. Wages and prize money may be paid to assignees. In case of ii. All officers not having commissions or warrants, (or appointed commission or warrant officers for the time being) are termed petty, or inferior officers. 12. Whenever any inferior officer, seaman, or other person, be turned over into the ship of a commander other than the one with whom he entered, he is not to be rated on the ship's books, in a worse quality, or lower degree or station, than he served in the ship he was removed from; and for the guide of the captain, he is to demand from the commander of the ship from which such person or persons were turned over, a list, under his hand, of his or their names, and the quality in which he or they served. 13. Any officer, seaman or other person, entitled to wages or prize money, may have the same paid to his assignee, provided the assignment be attested by the captain and the purser; but the captain or commander of every vessel in the service of the United States, is to discourage his crew from selling any part of their wages or prize money, and never to attest the letter of attorney until he is satisfied that the same is not granted in consideration of money given for the purchase of wages, or shares of prize money. 14. When any officer or other person dies, the captain is forthwith to death, the name have his name entered on the books of the ship, in order to the wages being forthwith paid to his executors or administrators. to be entered on the books. Treatment of men. 15. A convenient place shall be set apart for the sick or hurt men, to sick and hurt which they are to be removed with their hammocks and bedding, when the surgeon shall advise the same to be necessary, and some of the crew shall be appointed to attend them, and keep the place clean;-cradles and buckets with covers, shall be made for their use, if necessary. Fishing. In case of ex 16. All ships furnished with fishing tackle, being in such places where fish is to be had, the captain is to employ some of the company in fishing: The fish to be daily distributed to such persons as are sick, or upon recovery, provided the surgeon recommend it, and the surplus, by turns, amongst the messes of the officers and seamen, gratis, without any deduction of their allowance of provisions on that account. 17. It is left to the discretion of commanders of squadrons, to shorten igence, allow the allowance of provisions according to the exigence of the service, ance of provi. sions may be shortened. taking care that the men be punctually paid for the same-the like power is given to captains of ships acting singly, where it is deemed necessary, and if there should be a want of pork, the captain is to order three pounds of beef to be issued in lieu of two pounds of pork. 18. If any ships of the United States shall happen to come into port in want of provisions, the warrant of the commander of the squadron, supply of provior of a captain where there is no commander of a squadron present, shall be sufficient to procure the supply of the quantity wanted, from the agent, or navy agent at such port. Warrant for sions. Provisions to 19. The captains are frequently to cause to be inspected the condition of the provision, and if the bread proves damp, to have it aired be inspected. upon the quarter deck, and other convenient places, and in case of the pickle being leaked out of the flesh casks, he is to have new pickle made and put therein, after such casks are repaired. 20. The captain shall cause the purser to secure the clothes, bedding and other things, of such persons as shall die or be killed, to be delivered to their executors or administrators. 21. All papers, charter-parties, bills of lading, passports, and other writings whatsoever, found on board any ship or ships which shall be taken, shall be carefully preserved and the originals sent to the court of justice for maritime affairs, appointed or to be appointed for judging concerning such prize or prizes, and if any person or persons shall wilfully or negligently destroy or suffer to be destroyed any such paper or papers, he or they so offending shall forfeit his or their share of such prize or prizes, and suffer such other punishment as they shall be judged by a court martial to deserve; and if any person or persons shall embezzle or steal, or take away any cables, anchors, sails or any of the ship's furniture, or any of the powder, arms, ammunition, or provisions of any ship belonging to the United States, or of any prize taken by a ship or ships, aforesaid, or maltreat or steal the effects of any prisoner, he or they so offending shall suffer such punishment as a court martial shall order. 22. When in sight of any ship, ships, or other vessels of the enemy, or at such other times as may appear necessary to prepare for an engage ment, the captain shall order all things in his ship in a proper posture for fight, and shall, in his own person, and according to his duty, heart on, and encourage the inferior officers and men to fight courageously, and not to behave themselves faintly or cry for quarters, on pain of such punishment as the offence shall appear to deserve for his neglect. 23. Any captain, officer or other person who shall not exert himself, or who shall basely desert his duty or station in the ship, and run away while the enemy is in sight, or in time of action, or shall entice others to do so, shall suffer death, or such other punishment as a court martial shall inflict. 24. Any officer, seaman, mariner or other person who shall disobey the orders of his superior, or begin, excite, cause or join in any mutiny or sedition in the ship to which he belongs, or in any other ship or vessel in the service of the United States, on any pretence whatsoever, shall suffer death, or such other punishment as a court martial shall direct; and further, any person in any ship or vessel belonging to the service aforesaid, who shall utter any words of sedition and mutiny, or endeavour to make any mutinous assembly on any pretence whatsoever, shall suffer such punishment as a court martial shall inflict. 25. None shall presume to quarrel with or strike his superior officer, on pain of such punishment as a court martial shall order to be inflicted. Clothes, &c. of deceased to be secured. Papers found on board of captured vessels to be preserved. Penalty on stealing certain things. Preparation for fight. Cowardice. Mutiny and sedition. Quarreling with or striking a superior offi cer. To whom 26. If any person shall apprehend he has just cause of complaint, he shall quietly and decently make the same known to his superior officer, complaints shall or to the captain, as the case may require, who shall take care that justice be done him. be made known. Quarreling and fighting, &c. Neglect of duty. Murder. Robbery and theft. Master of arms misbehaving. Duty of detecting and apprehending of fenders. Correspond ence with enemies or rebels. Letters or mes mies or rebels to be made known. 27. There shall be no quarreling or fighting between ship mates on board any ship belonging to the United States, nor shall there be used any reproachful or provoking speeches, tending to make quarrels and disturbances, on pain of imprisonment, or of such punishment as the captain, or a court martial shall judge proper to inflict. 28. If any person shall sleep upon his watch, or negligently perform the duty which shall be enjoined him to do, he shall suffer such punishment as the captain, or a court martial shall inflict. 29. All murder shall be punished with death. 30. All robbery and theft, not exceeding twenty dollars, shall be punished at the discretion of the captain, and above that sum as a court martial shall inflict. 31. Any master of arms, or other person of whom the like duty may be required, refusing to receive such prisoner or prisoners, as shall be committed to his charge, or having received them shall suffer him or them to escape, or dismiss them without orders from his captain, the commander in chief of the navy or the commander of a squadron, for so doing, shall suffer in his or their stead as a court martial shall order and direct. 32. The captains, officers and others shall use their utmost endeavours to detect, apprehend, and bring to punishment all offenders, and shall at all times readily assist all officers and others appointed for that purpose, in the discharge of such duty, when it is required, on pain of being proceeded against and punished by a court martial at discretion. 33. If any officer whatsoever, mariner, marine soldier, or other person, belonging to any ship or vessel of war in the service of the United States, shall give, hold or entertain intelligence, to or with any enemy or rebel, without leave from the government, commander in chief, or in case of a single ship, from his captain, every such person so offending, and being thereof convicted by the sentence of a court martial, shall be punished with death. 34. If any letter or message from an enemy or a rebel be conveyed to sages from ene- any officer, mariner, marine or other person, belonging to any ship or vessel in the service of the United States, and the person as aforesaid shall not within twelve hours, having opportunity so to do, acquaint his superior or commander in chief with it; or if any superior officer being acquainted therewith, shall not in convenient time reveal the same to the commander in chief, commander of a squadron or other proper officer, appointed to take cognizance of such offence, every such person so offending, and being convicted thereof, by the sentence of a court martial, shall be punished with death, or such other punishment as the nature and degree of the offence shall deserve, and according to the sentence of a court martial. Spies. Supplying enemies or rebels. 35. All spies, and all persons whatsoever who shall come or be found in the nature of spies, to bring or deliver any seducing letter or message, from an enemy or rebel, or endeavour to corrupt any captain, officer, mariner, marine, or other person in the fleet, to betray his trust, being convicted of any such offence by the sentence of a court martial, shall be punished with death, or such other punishment as the nature and degree of the offence shall deserve, and the court martial shall impose. 36. No person in a fleet, or in a single ship or vessel, shall supply an enemy or rebel with stores, money, victuals, arms, ammunition, or any kind of stores, directly or indirectly, upon pain of death, or such other punishment as a court martial shall think fit to impose, and as the nature and degree of the crime shall deserve. Running away 37. Every person in or belonging to any ship or vessel in the service to the enemy, of the United States, who shall desert or run away with any vessel or &c. or yielding cowardly, &c. boat, to the enemy or otherwise, or with any effects of the United States, whatsoever, or yield up the same cowardly or treacherously, shall suffer death, or such other punishment as a court martial shall inflict. Duty as to 38. The officers and seamen, &c., of all ships appointed for convoy and guard of merchantmen, shall diligently attend upon that charge convoy. without delay, according to their instructions, and whosoever shall be faulty therein, shall be punished as a court martial shall direct. 39. If any captain, commander or other officer of any ship or vessel in the service of the United States, shall receive or permit on board his vessel any goods or merchandise, other than for the sole use of his vessel, except gold, silver, or jewels, and except the goods and merchandise of vessels which may be in distress or shipwrecked, or in imminent danger of being shipwrecked, in order to preserve them for the proper owner, without legal orders from the naval department, every person so offending being convicted thereof, by the sentence of a court martial, shall be cashiered, and be for ever afterwards rendered incapable to serve in any place or office in the navy service of the United States. 40. There shall be no wasteful expense of any powder, shot, ammunition, or other stores in the vessels belonging to the United States, nor any embezzlement thereof, but the stores and provisions shall be carefully preserved, upon pain of such punishment, to be inflicted upon the offenders, abettors, buyers and receivers, as shall be by a court martial found just in that behalf. 41. Every person in the navy who shall unlawfully burn or set fire to any kind of public property, not then appertaining to an enemy, pirate or rebel, being convicted of any such offence by the sentence of a court martial, shall suffer death. Penalty on receiving mer. board. chandise on Waste and embezzlement of stores. Unlawfully setting fire to public property. ing. Care to be 42. Care shall be taken in steering and conducting every ship belonging to the United States, so that through wilfulness, negligence, or other used in navigat defaults, no ship be stranded or hazarded, upon pain that such as shall be found guilty therein, be punished as the offence, by a court martial, shall be judged to deserve. Making a false 43. Every officer or other person in the navy, who shall knowingly make or sign a false muster, or procure the making or signing thereof, muster. or shall aid or abet in the same, shall be cashiered and rendered incapable of further employment in the navy service of the United States, and shall forfeit all the pay and subsistence money due to him. 44. Every person guilty of mutiny, desertion or disobedience to his superior officer on shore, acting in the proper line of his duty, shall be tried by a court martial, and suffer the like punishment for every such offence, as if the same had been committed at sea, on board any ship or vessel of war in the service of the United States. Mutiny, desertion and disobe dience on shore. Offences on the inhabitants. 45. If any person belonging to any ship or vessel of war in the service of the United States, shall, when on shore, on duty, or otherwise, shore against plunder, abuse, or maltreat any inhabitant, or injure his property in any way, such person shall be punished as a court martial shall direct. 46. All faults, disorders and misdemeanors which shall be committed on board any ship belonging to the United States, and which are not herein mentioned, shall be punished according to the laws and customs in such cases at sea. 47. No court martial, to be held or appointed by virtue of this act, shall consist of more than thirteen, nor less than five persons, to be composed of such commanders of squadrons, captains and sea lieutenants, as are then and there present, and as are next in seniority to the officer who presides; but no lieutenant shall sit on a court martial, held on a captain, or a junior lieutenant on that of a senior. Punishment of misdemeanors not specified. How a court martial shall be composed. Oaths of the 48. Every member of a court martial shall take the following oath : "I, A. B. do swear, that I will well and truly try and impartially deter- court martial. mine the cause of the prisoner now to be tried, according to the rules of the navy of the United States. So help me God." Which oath shall VOL. I.-90 302 |