UC-NRLF $B 30fi Iflfi m '*» University of Californ FR< DR, FRANCIS L1EBER, Profe^gpr of History and Law in Columbia College, New ' -. MICHAEL REESE, LAWS THE UNITED STATES IN RELATION TO THE NAVAL ESTABLISHMENT, THE MARINE CORPS; COLLECTED AND ARRANGED BY ORDER OP THE SECRETARY OF THE NAVY, FROM THE LAWS OF THE UNITED STATES, TO THE END OF THE FIRST SESSION OF THE NINETEENTH CONGRESS. JBasptgtcm : PRINTED BY DAVIS & FORCE, (FRANKLIN'S HEAD,) PENNSYLVANIA AVENUE. 1 826. EXPLANATORY. The Laics in the following collection, are thus arranged : Under the head of Navy Department, are included all those Acts of Congress which relate to the institution of the Depart- ment, the general duties of the Secretary, and the pecuniary ac- countability of officers and agents. The head of Naval Armament, comprehends all the Laws in force, up to the 4th of March, 1825, relatire to the construction, purchase, equipment, and disposal, from time to time, of puDlic ressels of war; the employment of seamen, and legal provisions of an incidental nature. Under the head of Marine Corps, will be found all the enact- ments of Congress, concerning that Corps, to the 3d of March, 1817, inclusive, when it was fixed at a peace establishment. The head of Government of the Navy, comprises the rules and regulations by which it is governed, with respect to the obligations, duties, and punishment, of officers and men, and the organization and powers of Courts Martial and Courts of Inquiry. The laws relating to Pensions, are arranged under two heads : 1. Navy Perisions, which embraces all the provisions on that sub - ject for claims, in virtue of services, sufferings, and death, in pub- lic armed vessels: And 2. Privateer Pensions, which includes the like provisions with regard tp claims, in reference to private armed vessels. The head of Navy Hospitals, includes all the laws in force, re- specting institutions of that kind, to the 26th of February, 1811. Under the head of Crime of Piracy, are arranged the Acts passed from the 3d of March, 1819, to the 30th of January, 1823, both inclusive, for the protection of commerce, punishment of piratical offences, and declaring certain offences to be piracy. Under the head of Slave Trade, the Act of the 3d of March, 1819, prohibiting that trade, and prescribiug the conduct to be observed IV EXPLANATORY. by the officers of the Navy, in relation to vessels and persons that may be engaged in that trai'Iic. The head of Resolutions, comprises all the Acts of Congress, in that form, from the 29th of March, 1S0O, to the 22nd of February, I8l6, expressive of the exalted sentiments entertained by the na- tion with respect to the gallant and heroic behaviour and achieve- ments of the officers, seamen, and marines, of the Navy, and the thanks, medals, swords, and extra pay, voted to them respectively. In several instances, t!>e provisions respecting the Naval Estab- lishment are so commingled, and interwoven with those relative to other Departments, that, to separate them entirely, it would have been necessary to disjoint them, and vary, in a considerable degree, the phraseology. However allowable this may be in a Digest, it is scarcely admissible in a Collection, of Laws ; and hence most of the sections of this description have been given at large, without curtailment, so as to avoid the possibility -6f mistake, and to prevent error. ibhjsx. Accountability in the Navy Department, Art Page, 10. Warrants drawn by the Secretary of the Navy, to specify the particular appropriation, 17 Moneys paid upon warrants, to be charged to the particu- lar appropriation. 17 Officers, agents, Szc. to render distinct accounts of the ap- plication of moneys, 17 11. Secretary of the Navy to report to Congress annually a distinct account of the expenditure and application of money drawn lrom the Treasury, 18 Moneys appropriated for a particular object, to be applied to no other. [See below, Art. 33.] 18 12. Comptroller may direct any particular account to be forth- with audited, settled, and reported for his revision and decision, , 18 Comptroller to lay an annual statement of outstanding " balances unsettled, 9 [See below. Art. 46. J ... 30 33. Blanches of expenditure in the Navy Department, a por- tion of the appropriations for one of which may, by the President, he applied to another, 30 35. Secretary of the Treasury to annex to annual estimates a statement of appropriations for the service of the year by former acts, and of sums in the Treasury, &c 31 36. An officer to be designated, by the President, as agent of the Treasury, to superintend suits, &c. for the recovery of morey, &c. for the use of the U. States,.. 32 37. Officers receiving public money before it is paid into the Treasury, and failing to account, the First Comptroller is to state and certify the amount due, and the agent is to issue a warrant of distress against delinquent and sureties to the Marshal, - 32 Marshal or deputy is to proceed to levy and collect by distress and sale of goods and chattels of delinquent, .. 33 V11I INDEX. Jjrcountability, be Art. P»g», Ten days' notice of sale to be given at two or more public places, &c 33 Goods, etc. being insufficient, the person of the officer is liable, &c 33 Warrant remaining unsatisfied by proceedings against de- linquent, the marshal may proceed against the sureties' goods, of the sale of which ten days 7 notice must be given at two or more public places, &c. 34 Amount due by delinquent officer, a lien upon lands, &c. of himself and sureties, from the date of a levy, &c. and for want of goods, &c. lauds, &c. may be sold — three weeks' notice of sale of lands, &c. at three pub- lic places, • 34 Conveyance of th«* marshal to give a valid title to lands sold, &c 35 Remainder of proceeds of sale, after satisfying warrant and costs, to be returned to delinquent officers or sure- ties; but the Summary process is not to affect sureties before the act of 1 6th May, 1820, & c 35 38. Officers employed to disburse public moneys, being delin- quent in rendering accounts or paying over, Set, the Second Comptroller is to state and certify the account?, and the agent of the Treasury is to proceed against them by warrant of distress, &c , 35 The agent, with the approbation of the Secretary of the Treasury, may postpone proceedings for a reasonable time, &c 3C 39. Persons aggrieved may prefer a bill of complaint to a dis- trict judge, Sec 35 The judge may grant an injunction, upon bond and secur- ity ; but the injunction is not to impair the lien of the warrant 37 Damages, if application for the injunction was men j delay, 37 40. Injunctions may be granted or dissolved, by the judge, either in or out of court, 37 41. Persons aggrieved by the district judge, may applv to a judge of thp supreme court, who may grant relief,.... 38 42. Attorneys of the United States are tocoi/orm to instructions from the agent of the Treasury, 33 Attorneys, at the end of every term, are to foiward n state- ment of cases decided, &c. and information to the I Agentj&c ....,.,,,♦ 38 INDEX. IX Accountability, be. Art Pa £ e - 43, Clerks of circuit and district courts, within 30 days after term, to forward a list of judgments and decrees en- tered, to the agent, showing the amount, &c... 39 Marshals, within thir:y days before term, to make returns to the agent, of proceedings on writs ol execution, &c. 39 44. Nothing in this act to impair any right or remedy under preceding laws, for the recovery of debts, &c 39 46. On the 30th June, lb22, all moneys remaining i» the hands of the Treasurer, as agent of the Navy Department, to be repaid into the Treasury, &c 4% 47. All moneys for the use of the Navy Department, to be drawn by warrant of the Secretary of the Treasury, upon the requisition of the Secretary of the Navy, &c. 40 48. Repugnant provisions of the act of 3d March, 1&17, re- pealed, 41 No money to be paid to persons in arrears, 4L 49. Persons swearing or affirming falsely, touching the expendi- ture of public money, or in support of any claim, <&c. to suffer as for wilful and corrupt perjury......... 41 50. No advance of public money to be made,, and payments not to exceed the value of the service rendered, &c... 42 The President may authorize advances to disbursing offi- cers necessary to the fulfilment of the public engage- ments, 42 The President may direct advances to persons in the na- val service employed on distant stations, 42 51. Officers or agents of the U. States to account quarter yearly, or within six months, 42 The Secretary of the Navy may require returns from offi- cers and agents, as the public interest may require,.... 43 52. Officers or agents offending against the provisions of the act of 31st of January, i 823, to be promptly reported to the President, and dismissed from the public service,. 43 Where an officer satisfactorily accounts for the default to the President, he may be continued in office, 43 •63. No security given to, or obligation entered into with, the government, to be impaired by dismissal or non-dis- missal, •• 43 Contracts, 9. Contracts to be deposited in the Comptroller's office within ninety days, ..«,.,,.. 16 X INDEX. Contracts. Art P.ge. 15. An annual statement of all contracts and purchases for supplies or services, to be laid before Congress, ...... 21 34. No contracts to be made by the Secretary of the Navy, except under authority of a law, or an adequate appro- priation , ai«d except contracts for subsistence and cloth- ing of the Navy, 31 Courts Martial. 192. Appointment of naval general courts martial, 103 193. Oath of members, 104 194. Giving of testimony, lo4 195. Exhibition of charges,.... •••••• 105 Treatment of an arrested officer, 105 196. Continuance of general courts martial, 106 197. In case of order of suspension, 106 198. How sentences are to be given and confirmed, 106 Not more than one hundred lashes, 107 199. Pardon and mitigation of punishments.. 107 Courts of Inquiry. 200. Courts of inquiry may be ordered, 107 201. Proceedings how authenticated,.. • 107 202 Oaths of the members and Judge Advocate, 10& Docks. 65. Two docks to be erected, and 50,000 dollars appropriated towards the object, 48 Dock-Yard. 103. One hundred thousand dollars appropriated for a dock- yard, 64 Flag of the United States. 125. After the 4th July, IS18, the flag to be 13 stripes and 20stars. CA 126. A star to be added for every new state, , 64 Flags, fyc. of Enemies. 54. Secretary of the Navy to cause flags, standards, and colours, taken by the Navy of the United States from their 1 inies, to be collected anil transmitted to the seat of govern ment, • •« • 41 INDEX. XI Flags, o/c. of Enemies. Art. Pa S 55. The flags, &c. to be displayed in some public place, as the President shall deem proper 44 56. Five hundred dollars appropriated for collecting and pre- serving the flags,.. 44 Hospitals, JSiavy. 242. Secretary of the Navy to deduct 20 cents per month from the pay of the navy, 136 243. Officers, seamen, and marines, of the Navy, entitled to the same benefits as sick and disabled seamen under the act of 16th July, 1798, 136 244 Secretaries of .Navy, Treasury, and War, made a board of Commissioners, 136 245. Fines to be paid to the board, 137 246. Commissioners to procure sites for Navy Hospitals, , 137 247. Secretary of the Navy to prepare rules for the government of the institution....... • 13S 48. Allowance of rations, and pensions of invalids tobepaiel to commissioners, • 138 Marine Corps. 139. Marine Corps established, 82 140. Pay and subsistence of the officers and privates, 82 141. Detachments of tlie corps for frigates, fee 83 142. By what rules and articles to be governed,.. 84 143. Non-commisioned officers, musicians, aud marines, ex- empted from arrest for debt 84^ 144. Marine corps liable to duty in forts, garrisons, and on sh ore, 84 14> Marine Corps augmented, 85 146. A lieutenant colonel commandant of the Marine Corps to be appointed: his pay and emoluments, 85 147. Augmentation of the Marine Corps, 86 148. Term of enlistment to be five years, ,, 86 149. Marine Corps augmented, ,., 86 150. Staff officers of the corps may be taken from the captains or subalterns, with additional pay, 87 151. The President may confer brevet rank on officers of the r °rps, 87 152. President may appoint officers of the corps in the recess of the Senate, 88 151. The peace establishment of the Marine Corps fixed, (3d 88 March, 1817), 88 \ll INDEX. Marine Corps. Art. J 55. The peace establishment of the corps to be effected on the 1st of April, 1817, or as soon as may be; and supernumerary officers to be discharged, with three month-' extra pay, 88,89 166. The President may appoint the officers in the recess of the Senate, :/J A'avy. 57. President to provide four ships of 44 guns and two of 36, to protect commerce against Algerine corsairs,. ...... 45 58. No further proceedings if peace take place, 45 59. President to continue the construction, kc. of two frigates of 44 and one of 36 guns, notwithstanding what is mentioned above, (at Art 58.) 45 CO. President to cause to be built, purchased, &c. not exceed- ing 12 vessels of not more than 22 guns 4G 61. Six hundred thousand dollars appropriated for building and equipping three ships of not less than 32 gunseach,.... 46 Building of six 74 gun ships and six sloops of war of 18 guns authorized by act of 25th February, 1799, and one million of dollars appropriated for the object — but not carried into effect, 40 62. By what officers public vessels are to be commanded, 47 63. Pay and allow unci to captains and commanders, 47 64. Allowance to commanders of squadrons and commander of the Navy, . 47 67. The President authorized to sell all the ships and vessels of the Navy, except the frigates United States, Consti- tution, President, Chesapeake, Philadelphia, Constella- tion, Congress, New- York, Boston, Essex, Adams, John Adams, and General Greene; and to lay up those re- tained, except, SlC. , 49 68. Component parts of a ration, 50 69. The President empowered to procure four vessels of 16 gum, 70. Ninety-six thousand dollars nppropiiated, 71. Fifty thousand dollars appropriated for Wilding 15 gun boats, 51 72. A captain of the navy and other officers to be attached to ibe Navy Yard at Washington 52 73. Part oi an act assigning to sailingmastfrs, of ' ordinary, the duties of purser, &c. rep 53 INDEX* XUJ Navy, Art. Pa?e. 74. Sixty thousand dollars appropriated for building 25 gun boats, 53 76. The President to keep as many frigates and other vessels in actual service, in time of peace, as he may deem ne- cessary, and the remainder to be laid up in ordinary,.. 54 77. Public armed vessels to be officered and manned as the President may direct, but not to exceed the numbers and grades stated, and limitation of the number of seamen, &c • 54 78. Two hundred and fifty thousand dollars appropriated for building 50 gun-boats , and 20,000 dollars for manning and equipping them, • • 55 79. The President may direct any of the armed vessels to be sold when not worth repairing,.. • 55 80. The President authorized to employ 500 seamen and boys additional, • 56 81. The President empowered' to build or purchase, arm and equip, 188 gun-boats — and 852,500 dollars appropriated, 56 32. The United States, Essex, John Adorns, and President, frigates, to be put into actual service, with gun-boats, &c 57 S3. President authorized to employ 300 midshipmen, 3,600 sea- men, &c. and 400,000 dolls, appropriated, 57 84. in case of a favourable change in foreign relations, the President may cause frigates, &c. to be laid up, 58 86. The frigates Chesapeake, Constellation, and Adams, to be put into actual service; and 300,000 dollars appro- priated...... 59 87. The officers ana* seamen may be increased, for the three frigates, 59 90. Gunboats to be laid up, and distributed in different ports,.. 60 91. Pursers to be appointed by the President and Senate. [See below, Art. 92. | 6& 92. Pursers to enter into bond in the penalty of 25,000 dolls. with two or more sureties — the sureties to he approved by the judge or attorney of the district, gradual increase of the Navy, &,c. below, Art. 131.] i22. Nine 74's and twelve 44's to be built, ic The Psendent may cause the ships to be framed and kept on the stocks, 73 INDEX. XV Navy. Art. Pape. 123. Steam engines to be procured for three steam batteries; the materials to be secured, «fcc 73f Block ship near New Orleans to be completed, 74 124. Moneys appropriated by act of 2$th April, 1810, not to be transferred, &c ........ 74 127. Ships of the navy to be named by the Secretary, under direction of the President, after states, rivers, and prin- cipal cities and towns, and no two to be of the same name, 75 128. Not exceeding five vessels of 12 guns each to be built ; and 60,000 dollars appropriated......... • 75 129. Enlistments of seamen authorized for the service or cruise, but not to exceed three years, 75 131. Five hundred thousand dollars per annum, for six years, for the gradual increase of the navy, instead of the appropriation by the act of 29th April, 1816. [See above, Art. 121.] 76 132. Arrangement, in 1817, as to the American and British naval force to be maintained on the lakes, 77 133. The purchase or construction of an additional naval force for the suppression of piracy in the Gulf of Mexico, &c. 79 134. One hundred and sixty thousand dollars appropriated,.... 79 135. Not exceeding ten sloops of war of 20 guns to be built ; and 500,000 dollars appropriated, 79, 80 136. Vessels under the act for suppressing piracy, and the ves- sels on the lakes, except the New Orleans and Chippe- wa, to be sold, &0 137. Proceeds to be applied to the repairs and building of sloops ofwar, 80 143. Seamen enlisted exempted from arrest for debt,.... 84 153. President may appoint officers of the navy in the recess of the Senate, • 88 Navy Board. 5. President to appoint three officers of the Navy, as a board of Commissioneis, •• 14 Powers and duties of the Board, •• 15 Board to appoint its Secretary, ib. Salary of the Secretary of the Board, ib. 6. Board to prepare rules and regulations for securing unifor- mity in the several classes of vessels and their equip- ments,.....,.,.,..,... ib. XVI INDEX. Navy Board. Art. fUg*. Board to furnish estimates of expenditure and other infor- mation...... 16 7. Officer holding the oldest commission to preside at the Board, ib. Salary of each commissioner, ib. Letters &nd packets to and from the board free from pos- tage, ib. 3. Nothing in the Act constituting the Board to take from the Secretary of the Navy his control and direction ol the Naval Force?, ...... ...<>•. #•.•••«••...... ib. Navy, Department of the. 1. A Navy Department established, 1$ Secretary of the Navy, chief officer of it, ib. Duty of the Secretary, • ib 2. He may appoint clerks, ib. His salary, • ib. 5. Secretary to tak« possession of naval records, &c. in the War Department, 14 4. Superintendence of naval affarrs withdrawn from the War Department, ib. Navy f Government of the. 158. Exemplary conduct incumbent on commanders, 90 159. Divine service and preaching, ib. 360. Punishment for scandalous conduct, 91 161. Penalties on breach of duty with respect to attack and battle, ib. 162. Non-observance of orders, &c .. ib. 163. Punishment of cowardice, &c... 9tl 164. Papers respecting captures to be transmitted, ib. llio. Penalty lor pillaging a prize,.. 93 166 Penalty for pillaging captured persons, ib. 167. Punishment lor intercourse with enemies and rebels, ib. 163. Letters or message? from an enemy or rebel to be disclos- ed, &c . 91 169. Punishment of spies, &c ib. 170. Punishment of Mutiny and Sedition, ib, 171. Disobedience of orders, and assault of a super ior officer, 9J» 172. Quarrelling, ib. }73 Desertion to an ^nemy, ib. 174. Desertion generally, , • ib. Offences committed on shore, , 96 INDEX. XVII Navy, Government of the, A. i " Fagc 1/5. False musters and frauds against the United States...... 96 176. Improper navigation of vessels,. ib. 177. Negligence in the performance of duty, • 97 178. Murder, ib. 179. Duties in relation to convoy ib. ISO. Penalty on receiving merchandise on board, ib. 181. VVaste, embezzlement, &c. of public property, 98 182. Burning public property, &c ib. 183. Theft, ib. 184. Offences against people on shore, 99 185. Detection find apprehension of offenders, ib. 186. Muster rolls and ship's books, ib. Inspection jf provisions, 100 Officers and men detached from the ships to be furnished with certain statements, . ib. Rules to be hung up and read, ib. Treatment of the sick, ib. Paying off, ib. 187. Treatment of inferior officers and men, 101 Petty officers or men turned over, &c. to produce an ac- count • ib. Petty officers and men turned over, not to be rated lower, ib. 1S3. Master at Arms, 10$ 189. Crimes not specified,.. ib. 190. Who are petty officers, ib. 191. Assignment of wages and prize money,. ib 20\ } j. In case of the loss of .the vessel the command of the offi- cersto remain in force........ 108 20k Pay of captives to continue, 109 Navy Yard and Depot* 13$. A site for a Navy Yard and Depot, on the coast of Flori- da, in the Gulf of Mexico, to be selected and purchas- ed, &c. and 100,000 dolls, appropriated, 81 Pensions Navy. 208. Pensions to persons disabled in the service,.*.. 113 209. Navy pension fund, how constituted, ib. 210. Fund to be under the management of the Secretaries of the Navy, Treasury, and War, 114 % 11. Money arising from captures to be paid to the Treasurer cf the U. S... ..♦,„ ib, 14* XV1U JNDEX. Pensions, Navy. Art. 21-2. How to be disbursed,.. 115 '213. Accountant of the Navy [4th Auditor] to settle all navy pension accounts, &c, ....... ib. 214. Comptroller authorized to institute suits for prize money, ib. 215. Commissioners of the Navy Pension fund may appoint a Secretary........... 116 216. Commissioners to make rules, .Jcc. for ihe admission of pensioners, * • ib. 217. Widows, &c. of officers of the navy or marines, entitled to half pay, ib. l 2i8. Widow*, k.c. of officers, seamen, and marines, entitled to half pay, 1 17 219. Officers and seamen of the revenue cutters, disabled, &c. to be placed on the pension list, » J 13 320. Proceeds of the sales of prizes to be deposited in bank, . ib. The share of the U. Slates to be earned to the credit of the Treasurer, 119 The share of the captors to be paid over upon the order of the court or judge, ib. .221 Accounts in prize ca^es to be settled within 6(J days alter adjudication; unless, &e 120 The courts in term, or judges in vacation, may summari- ly examine and allow the accounts; and a copy to be filed, and one seat to the Secretary of the Navy....... ib, lit. District Attorney to transmit to the Secretary ol the Na- vy a statement of prizes captuied, condemned, or re- stored, &c ib. 223 Monitions to compel marshals and clerks to obey, kc..., 121 224. Accountant of the Navy Department [4th Auditor j allow- ed oUO dolls', per aun. for e.xtra services in settling ac- counts of piize money of the navy pension fund, ib. 225. Marshals to account for prior tales within six mouths, or sooner if, Sic 1-2 Accounts of lues and charges w itiin six mouths, or soon- er, &c ib. Accounis allowed are to be filed, and copies sent to the Secretary of the INavy, ib. 226. Where the hall monthly pay to ollicers, seamen, and ma- rine?, is not sufficient, it may be increased, but not to exceed full pay, 1*3 257. Widow?, and children under 16 years of age, of offici It, seamen, and marines, deceased, or flying, alter the 18th June, 1812, while in the line of duly, entitled to half pay lor live years,. »• \b. INDEX. XIX Tensions, Navy, Art. Page. 128 Persons put on the pension list in virtue of the 1st section of the Act of 4-th March, 1&14, to he allowed full month- ly pension for the further term of five years, • 124? 229. Five years additional half pay to the widows and children of officers, seamen, and marines, killed in battle, vVc. or who died in service, 135 230. The term of half pay pensions, to the widows, &c. of offi- cers, Sic. who died in the public service, further extend- ed 12G 231. The pension Act of 3d March, 1317, repealed, 1*7 Pensions, Privateer. 232. Privateer pension fund constituted from two per cent, ou the nett amount of prize money, Sic. arising from cap- tures by privateers, for the benefit of widows and chil- dren of persons slain, and for the maintenance of per- sons wounded, 127, 128 233. The two per cent to be paid to the Treasury. ib. 234. Persons disabled in private armed vessels to be placed on the pension list, at stated rates, 120 235. Commanding officers to enter the names, Sic. of wounded persons, in a journal, , 130 236. Collectors to transmit a transcript of the journals to the Secretary of the Navy, ib. 237. The act regulating pensions to persons on board private armed vessels amended and explained,.... ib e 233. Widows and children, of officers, seamen, and marines, dying from wounds, 6ic. allowed half monthly pensions for five years, 131 239. Widows and children of officers, seamen, Sic. who have died from accidents in the service, to be placed on the pension list, 132 2lQ. Pensions under the acts of 4th March, 1S14. and 16th April, 1818, continued for the additional term of five years, 133 241. Pensions paid out of the privateer pension fund, the terms of which had expired, revived and extended, Sic 134 Piracy, crime of. 2*9. Public armed vessels to protect merchantmen, &e. from piratical aggression, 139 250. Piratical vessels to be captured and sent in; and vessels oi tbe U# S. captured to be retaken,. .*,.»»,♦•,•,. .,,..• rb XX INDEX. Piracy , Crime of. An. Pflse 251. Merchant vessels may defend against aggression, capture offenders, and retake vessels ot the U. S ...... J 40 252. Piratical vessels may be condemned, sold, and distribut- ed ib. 253. Persons committing piracy to suffer death, ib. 257. Persons committing robbery on a ship or vessel, kc. to suffer death, M2 Persons engaged in piratical enterprizes, arid committing robbery on shore, to suffer death aspirates,.. ib. 258. Persons engaged in the slave trade, considered as pirates, and to suffer death, 143 2j9. Persons forcibly confining, detaining, or aiding to confine or detain, negroes, &c. on board vessel;, Sic. or offer- ing to sell on board, &c. or, : on the high seas or tide wa- ter, transferring or delivering over to any other ship, on landing, &c. negroes, &c. with intent, &c. declared pi- rates, and to buffer death, , # , Jb. Prizes and Prize Money, fyc. 20.5. To whom the proceeds of prizes shall accrue,.. 109 206. Distribution of prize money, ,\ Jjo 207. Bounty of 20 dolls, for each person in a captured enemy vessel of equal or superior force, 112 Pursers. 91. Pursers to be appointed by the President and Senate....... CO V2. Pursers to enter into bond in the penalty of 25^000 dolls. with one or more sureties — the sureties to be approved by the judge or Attorney of the District, &c ib. Ratioiis. Go. Component parts of a ration,...., 50 Resolutions, 268. A gold medal to Capt. Truxton, 1 569* Praise of James. Jarvis, a midshipman, &c ib. 270. Gallant conduct of lieut. Sterret...... ib. 271. A sword to lieut. Sterret, and extra pay to other officers and men, 158 272. A sword to capt. Decatur ; and two months' pay to other officers and men, ib. 273. Thanks to- commodore Preble, oilicers, and men, INDEX. XXI Resolutions. Art. Page* 274-. A gold medal to commodore Preble, and a sword to other officers, • ...... 154 275. A month's pay to petty officers and men...... ib. 276. Deep regret of Congress for the loss of capt. Somers and othe rs, ..... . 1 55 277. A gold medal to captains Hull, Pecatur, and Jones, and asilver medal toother officers, •• ib. A silver medal to the nearest male relative of lieutenants Bush and Funk,.... • 156 278. An elegant sword to lient. Elliot, ib. 279. A gold medal to capt. Bainbridge; and a silver medal to .wther officers, 156, 157 280. Thanks to commodore Perry, officers, and men, ib. Gold medals to captains Perry and Elliot ; a silver medal to other officers, and a sword to midshipmen, ...... 157 158 281. A silver medal to the nearest male relative of lieut. Brooks ; and a sword to the nearest male relative of midshipmen Laub and Claxton...... 158 282. Three months' extra pay to petty officers and men, ib. 283. A gold medal to the nearest male relative of lieuts. Bur- rows and M'Call ; a silver medal to other officers , and deep regret for the loss of lieut. Burrows,,... • 150 284. A gold medal to the nearest male relative of capt. Law- rence ; a silver medal to other officers ; and sense enter- tained by Congress of the loss of capt. Lawrence, 159, 1 60 285. A sword to the nearest male relative of midshipman Clark, and regretfor his loss, 160 286. The thanks of Congress presented to capt. MacHonough, officers, seamen, &c...... 161 287. Gold medals to capt. Macdonough and Henly, and lieut. Cassin ; a silver medal to each commissioned officer, and a sword to the midshipmen, &c ib. 288. A silver medal to the nearest male relative of lieuts. Gamble and Stansbury, &c 162 289. Three mouths 1 pay additional to the petty officers, sea- men, «.Vc , ib. 290. A gold medal to capt. Warrington; a silver medal to each commissioned officer ; and a sword to the midshipmen, Sic. in testimony of their good conduct, &e ib. 291. A gold medal to capt. Blakely, a silver medal to each commissioned officer, and a sword to each midshipman, fcc. in testimony of their gallantry, &c...... ,. 163 XXII * INDEX. Resolutions. Art. Pbj«. 292. Congress entertain a hi«h sense of the valour, &c. of Com- modore Patterson, officers, and men, fcc 164 293. Congress entertain a high sense of the valour, &c. of Ma- jor Carmick, officers, and marines, &c 164 294. The President requested to present a gold medal to capt. Stewart, and a silver one to each commissioned officer of the frigate Constitution, for their gallantry and good conduct, &c... 164 295. The President requested to present a gold medal to capt. Biddle, and a silver one to each commissioned officer of the sloop of war Hornet, for their gallantry, good conduct, &c ••• .v.. 16* Slave Trade. 261. Armed vessels may be employed for the suppression of the slave trade ; vessel* may be seized, brought in, &c. and the proceeds to be distributed as prize money, if the ne- groes, &c. have been safe kept and delivered to the marshal, 146,147 A descriptive list to be transmitted to the President ; and officers and crews of offending vessels to be taken into custody, anO delivered to the civil authority, 148 262. Safe keeping, support, and removal out of the U. S. of the negroes, &c. and agents on the coast of Africa, 148 263 Bounty of 25 dollars for every negro, &c. delivered to the marshal, &c. to be paid by the Secretary of the Trea- sury 148,149 264<. District attorney to prosecute by information, in the case of persons holding negroes, &c. unlawfully imported,... H9 Upon the verdict of a jury, the court to direct the mar- shal to take the negroes into custody, subject to the orders of the President, •••• ib. Informer entitled to 50 d' lis. bounty, for every negro, &c. to be paid by the Secretary of the Treasury, l« r >^ 265. Vessels captured under the provisions of the act of 31 March, 1819, are to be brought into a port of the state or territory where they belong, if, &c ib. 267. One hundred thousand dolls, appropriated, 151 [See the head Piracy ] Timber for Naval purposes, 66. Not exceeding 200,000 dolls, to be laid out in timber for the Navy, I -18 INDEX. XX11I Timber, 4*c. Art P»gc» 88. Two hundred thousand dolls, annually, for three years, ap- propriated towards the purchase and supply of a stork of timber for ship-building, &c 59 120. Two hundred thousand dolls, appropriated annually, for three years, towards the purchase and supply of timber, 72 3NTAV1T DEPARTMENT. Art. 1. An ACT to establish an Executive Department, to be denominated the Department of the Navy. [Vol. 3, page 44.] Sect. 1. Be it enacted, #-c. That there shall be an executive department, under the denomination of the Department of Secretary of the Navy, the chief officer of which shall be the Nav y : his called the Secretary of the Navy,* whose duty# duty it shall be to execute such orders as he shall receive from the President of the United States, relative to the procure- ment of naval stores and materials, and the construction, armament, equipment, and employment, of vessels of war, as well as all other matters connected with the naval establishment of the United States. Sect. 2. A principal clerk, and such Art. % t other clerks as he shall think necessary, shall be appointed bv the Secretarv of the He ma y a P" Navy, who shall be employed in Such man po,nt clerks ' ner as he shall deem most expedient. In case of vacancy in the office of the Secre- tary, by removal or otherwise, it shall be, the duty of the principal clerk to take the charge and custody of all the books, re- cords, and documents, of the said office. * Annual compensation, g 6,000. See act of 20tb February, 1819, page 372, vol. 6. 2 14 NAVY DEPARTMENT. Art. 3. Sect. 3. The Secretary of the Navy shall be, and lie is hereby, authorized and possession 0/ empowered, immediately after he shall be the books, kc appointed and shall enter upon the duties in the Warof- f his office, to take possession of all the f a 7 e '^j s h d r ^" records, books, and documents, and all partment. other matters and things appertaining to this department, which are now deposited in the office of the Secretary of War. Sect. 4, is repealed. Art. 4. Sect. 5. So much of an act, entitled " An act to establish an executive depart* Repealing merit, to be denominated the Department clause. _ ,-„_ >,--« r r of War," as vests any of the powers con- templated by the provisions of this act in the Secretary for the Department of War, shall be repealed from and after the pe- riod when the Secretary of the Navy shall enter on the duties of his office. [Approved, April 30, 1 ~. Art. 5. An ACT to alter and amend the se\ tal/lishing a Navy Department, by adding thereto a Board of Commissioners. [Vol. 4, page 791.] Sfxt. 1. Be. it enacted, fyr. That the The President, President of the United States be, and he &c. to appoint . is | u . re b v authorized, by and with the thiee Navy ol- . . J , c . . ' . . . fleers &c.who a M v,ce an( * consent °» * nc Senate, to ap- are to consti- point three officers of the Nrfvy, whose tuteaBoardof r;n) [ c s j m jj no t be below a posl captain, C^mrnissmners h ^j institute a Board of C. lor the Navy, . . • -, c •.. • . &c\ missioners for the Navy of the Uniled SAVf DEPARTMENT. 15 States; and shall have power to adopt Powers and duties " board such rules and regulations for the govern d merit of their meetings as they may judge expedient: and the board so constituted, shall be attached to the office of the Se- cretary of the Navy, and, under his su- perintendence, shall discharge all the mi- nisterial duties of said office, relative to the procurement of naval stores and ma- terials and the construction, armament, equipment, and employment, of vessels of war, as well as all other matters connect- ed with the naval establishment of the a p po ;n t t^,/ United States, And the said board shall secretary : his appoint their own secretary, who shall re- salar y not to r • ,• r u - exceed 2,000 ceive, in compensation tor his services, a dolls ' an _ sum not exceeding two thousand dollars num. &c. per annum, who shall keep a fair record [The Board ai- of their proceedings, subject at all times 50 a PP oi " ts its . . ' . =5.;. xi ' . , r . ovvncleiks,un- to the inspection ot the President of the der the act of United States, and the Secretary of the 20th April, N aV y. 1818, Vol. 6, Sect. 2. That the said Board of Com- pa :' missioners, by and with the consent of the Art. "• Secretary of the Navy, be, and are here- The Board fee by, authorized to prepare such rules and toprepare rules regulations as shall be necessary for se- and ie & lil a- curing an uniformity in the several classes S.« n l«lf 8 ? tf ?. r " ' •-■..© .J ing uniformity ot vessels and their equipments, and lor \ n the several repairing and refitting them, and for so- classes of veSr curing responsibility in the subordinate sels > & c * officers and agents; which regulations, when approved by the President of the United States, shall be respected and 16* BTAVY DEPARTMENT. obeyed, until altered and revoked by the same authority; and the said rules and re- gulations, thus prepared and approved, shall be laid before Congress at their next The Board to session. It shall also be the duty of said fumish esti- board, upon the requisition of the Secre- mates, &c. tary of -^ Nfty ^ tQ ^^ M {he ^ mates of expenditure which the several branches of the service may require, and such other information and statements as he may deem necessary. Art. 7. Sect. 3, That the officer of the said The officer board holding the oldest commission shall holding the preside, and each Commissioner shall be oldest commis- entitled to receive, in compensation for wdiaSwm! his services > three thousand five hundred missioner to dollars per annum, in lieu of wages, ra- receive 3,500 tions, and other emoluments, as naval of- doiii. per arm. ficers . and all i etters anf j packets to and Letters &c ^ rom ^ le sa *d Commissioners, which re- free, late to their official duties, shall be free from postage. Art. 8. Sect. 4. That nothing in this act shall Nothing in this oe construed to take from the Secretary of act to^take the Navy his control and direction of the liomtheSecre- nava j forces of the United States, as now !?o r i!&c!ofth>y law possessed. naval forces. [Approved, February 7, IS 1 5. An ACT to alter and amend the several acts for the establishment and regulation of the Treasury. R and Navy, Departments. [Vol. 3, page 114.] Art, 9. Sect. G. All contracts to be made by virtue of this act, or of any law of the NAVY DEPARTMENT. IT United States, and requiring the advance Contracts, &c, of money, or to be in any manner con - J° b t e h d e ep c ° 8 ^ nected with the settlement of public ac- Poller's office, counts, shall be deposited in the office of the Comptroller of the Treasury of the United States, within ninety days after their dates respectively. [Approved, July 16, 1798. [The preceding sections of this act have been super- seded.] An ACT further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy, Departments. [Vol. 4, page 220.] Art. 10. Sect. 1. Be it enacted, NAVY DEPARTMENT. 19 sion, of the accounts in the Treasury,War, ™ent of out- or Navy, Departments, which may have standil, s bal * remained more than three years unsettled, or on which balances appear to have been due more than three years prior to the 30lh of September, then last past, togeth- er with a statement of the causes which have prevented the settlement of the ac- counts or the recovery of the balances due to the United States. Sect. 3. Exclusively of the ******* ^ r ^ ^ paymasters of the Army, pursers of the Navy, ******* an d other officers already What perma- authorized by law, no other permaneiU " h e ^ e g ^ ntsau " agents shall be appointed, either for the purpose of making contracts, or for the purchase of supplies, or for the disburse- ment, in any other manner, of moneys for the use of the military establishment, or of the Navy of the United States, but such as snail be appointed by the Presi- dent of the United States, with the advice and consent of the Senate: Provided, That p rov iso. the President may, and he is hereby au- thorized, in the recessofthe Senate, to ap- point all, or any of, such agents ; which appointments shall be submitted to the Senate at their next session, for their ad- vice and consent ; and the President of the United States is hereby authorized, u til otherwise provided by law, to fix the number and compensation of such agents : Provided^ That the compensation PiovUo, 20 NAVY DEPARTMENT. allowed to either shall not exceed one per centum on the public moneys dis- bursed by him, nor, in any instance, the compensation allowed, by law, to the pur- veyor of public supplies.* Art. 14. Sect. 4. Every such agent as may be appointed by virtue of the next preceding Agents and section, and every purser of the Navy, rursers to give u 11 • ' u j -±u ax • bond. shall give bond.with one or more sufficient sureties, in such sums as the President of the United States may direct,! for the faithful discharge of the trust reposed in him ; and the paymaster of the Army, ******* tne p Ursers of the Navy, and the agents appointed by virtue of the preced- ing 'section, shall, whenever practicable, To keep the keep the public moneys in their hands, in public moneys some incorporated bank, to be designated in banks, &c. for the pilrpose by the President of the United States ; and shall make monthly returns in such form as may be prescribed by the Treasury Department, of the mo- neys received and expended during the preceding month, and of the unexpended balance in their hands. a «. it Sect. 5. All purchases and contracts for supplies orservices, which are, or may, Purchases and acC0 rding to law, be made by or under tobemade.° W ^ ne direction of either the Secretary of the Treasury, the Secretary of War, or the Secretary of the Navy, shall be made • Two thousand dollars. See act of Feb. 23, 1795. t By the act of the 1st of March, 1817, the penalty cf pursers' bonds is fixed at 825,000. See post. NAVY DEPARTMENT. l 2X either by open purchase, or by previously advertising for proposals respecting the same : and an annual statement of all statement of such contracts and purchases, and also of them to belaid the expenditure of the moneys appropri before Con- ated for the contingent expenses of the fecretar* of mihfary establishment, for the contingent the proper de- expenses of the navy of the United States, partment. and for the discharge of miscellaneous claims not otherwise provided for, and paid at the Treasury, shall be laid before Congress at the beginning of each year, by the Secretary of the proper depart* ment. {Approved, March 3, 1809. An ACT to provide for the prompt Settlement of Pub- lic Accounts. [Vol.6, page 199.] ^ ^ Sect. 1. Beit enacted, fyc. That, from Accountants' and after the third day of March next, the Offices of the oftices of accountant and additional ac- War and Navy countant of the Department of War, the anT^OfficT'of office of accountant of the Navy, and the Superintend. office of superintendent general of Mili-JJ 1 General of tary Supplies, be, and they are her%,{£j"£ gE abolished. ed. Sect. 2. That, from and after the said j^ r ^ j-jr third day of March next, all claims and demands whatever, by the United States t0 be sealed"^ or against them, and all accounts whatev- the Treasury er, in which the United States are con- Department,- 22 NAVY DEPARTMENT* after 3 March, cerned, cither a? debtors or as creditors, shall be settled and adjusted in the Trea- sury Department. Art. 18. Sect. 3. That, from and after the third v \ v. day of March next, in addition to the ofii- Four Auditors J . „, > .^ and oueComp- cers in the I reasury Department already troller addi established by law, there shall be the fol- tional in the | ow j n g officers, namely ; four Auditors and 1 reasury De- /^ n partment. one Comptroller. Art. 19. Sect. 4. That it shall be the duty of ~ , , the first Auditor to receive all accounts Duty of the ,. r « ^ first Auditor, accruing in the 1 reasury Department, and, after examination, to certify the ba- lance and transmit the accounts, with the vouchers and certificate, to the first Comp- troller, for his decision thereon; that it cond Audhor!" shall he ^ e ^ u ty °^ *^e second -Auditor to receive all accounts relative to the pay and clothing of the army, the subsistence of officers, bounties, and premiums, mili- tary and hospital stores, and the contin- gent expenses of the War Depaitment; Duty of the that 't shall be the duty of the third Audi- third Auditor, tor to receive all accounts relative to the subsistence of the army, the quartermas- ter's department ; and, generally, all ac- counts of the War Department other than Duty of the * nose provided for ; audit shall be the ourth Auditor, duty of the fourth Auditor to receive all accounts accruing in the Navy Depart- ment, or relative thereto ; and the second, third, and fourth, Auditors aforesaid, shall examine the accounts respectively, and certify the balance, and transmit the a NAVY DEPARTMENT 23 counts, with the vouchers and certificate, to the second Comptroller, for his deci- sion thereon ; and it shall be the duty of Duty of the the fifth Auditor to receive all accounts flfth Auditor, accruing in, or relative to, the Depart- ment of State, the General Post Office, and those arising out of Indian Affairs, and examine the same, and thereafter cer- tify the balance, and transmit the accounts, with the vouchers and certificate, io the fir-t Comptroller, for his decision thereon: Provided, That the President of the Uni- proviso; as to ted States may assign to the second or the accounts of third Auditor the settlement of the ac- ^ * 26 NAVY DEPARTMENT. deem it necessary for the due examina- tion of the accounts with which they shall be charged. Art 26 Sect. 13. That it shall be the duty of the Secretary of the Treasury to cause the'TrVasury all accounts of the expenditure of public to cause aiiac- money to be settled within the year, ex- counts of the ce pt where the distance of the places where expenditure of ^ expen diture occurs may be such as public money ". . . J , . to be settled to make further time necessary ; and in within the respect to expenditures at such places, year, except, ^ie Secretary of the Treasury, with the assent of the President, shall establish fixed periods at which a settlement shall •First Comp- be required. And it shall be the duty of troiier to lay tn e f*j r8 | Comptroller to lay before Con- gr'ess? annual- gr ess > annually, during the first week of fy, a List of Of their session, a list of such officers as ficers failing to sna n have failed in that year to make the mem fee" 16 " settlement required by law. ' ' ' Sect. 14. That, in theannual statement Art. 27. f a || accounts on which balances appear The Comp- to have been due more than three years, trolle . rtod,s " which the Comptroller is now required tween S Baianc-by law to make, he shall hereafter distin- "es, &c. guish those accounts, the balances appear- ing on which shall, in his opinion, be ow- ing to difficulties of form, which he may think it equitable shall be removed by an Comptroller Act of Congress ; and where the debtors, not required toby whom such balances shall have been include Bal- c i ue more than three years, shall be insol- d«bt6rs W haTe vent ' and ,iave been reported to Congress been reported for three successive years as insolvent, NAVY DEPARTMENT. 27 the Comptroller shall not be required in insolvent thre*. such case to continue to include such bal- successi ve ances in the statement abovementioned. ^h- $8 Sect. 15. That the salary of the Comp- Salary of the troller, appointed by virtue of this Act, Second Comp- shall be three thousand dollars per an- tro,lerandAu - num, and that of the Auditors, each, three ^J™ ^fln- thousand dollars per annum. num. Sect. 16. That all letters and pack- ^ rt< 09, ages, to and from the Comptroller and Letters', fec.\o Auditors hereinbefore mentioned, be con- ami from the veyed free of postage, under the same Second Comp- regulations that are provided by law for^^ a f ^ c Au ' other officers of government ; and the s " f Secretary of the Treasury is hereby au- ^ e e cr Treasury thorized to assign the several sums appro- to assign clerk priated for clerk hire in the offices of the nire > &c * Accountant, additional Accountant, Su- perintendent General of Military Sup- plies, and Accountant of the Navy, to the officers hereby created, to which their re- spective duties shall be assigned. [Approved, 3 March, 1817. An ACT in addition to the several Acts for the Es- tablishment and Regulation of the Treasuiy, War, and Navy, Departments. [Vol. 6, page 488.] Art * 30 * Sect. 1. Beit enacted, fyc. That it shall UoexpeiMJed be the duty of the Secretary of the Trea- Se^oWect of sury to cause to be carried to the account appropriation of the surplus fund, any moneys, appropri^ has been effect* ated for the Department of War, or of the £ £ ^^ Navy, which may remain unexpended in plus fund, the Treasury, or in the hands of the Trea- 28 NAVY DEPARTMENT. surer, as agent for those Departments, whenever he shall be informed, by the Secretaries of those Departments, that the object for which the appropriation Balance of mo- was made has been effected. And it shall neys drawn, be the dutv of the Secretaries of War alter the object j vr j t\ hasbeei>erTect- and Nav y Departments, to cause any ed, to be repaid balance of moneys drawn out of the Trea- to the Treasu- sury, which shall remain unexpended, af- ry ' c * ter the object for which the appropriation was made shall be effected, to be repaid to the Treasury of the United States ; and such moneys, when so repaid, shall be carried to the surplus fund. Art. 31. Sect. 2. That it shall be the duty of km**Jm*&* ftf the Secretaries of the War and Navy De- War and Na- partments, to lay before Congress, on the vy to lay be- first day of February, of each year, a fore Congrew, t t t of the appropriations of the annually, on r rr . '. ^ the lstFebru- preceding year, tor their Departments ary, a state respectively, showing the amount appro- ment of appro- p,j a ted under each specific head ofappro- mecedhig 01 Uie P r » at * on > the amount expended under each, year, showing and the balance remaining unexpended, the amount, either in the Treasury, or in the Treasui - balance, &c. ep , s hm ^ ag agent of the Wa r or Navy Departments, on the thirty-first December preceding: And it shall be further the duty s.rmtaries to of the Secretaries aforesaid, to est in estimate the the probable demands which may remain probable de- on eaCQ appropriation, and the bah. i balance to be shall be deducted from the estimates of deducted, &c. their Departments, respectively, for the Accounts to be service of the current year; and NAVY DEPARTMENT. 29 counts shall also be annually rendered, in annually reu- manner and form as aforesaid, exhibiting dered '°{ su l ms ^ expended ba- the sums expended out of the estimates i ance & Vii at i m hands of the ment ot War, or ot the JNavy, shall re- Treasurer, as main unexpended in the hands of the Agent of War Treasurer, as agent of either of those and Navy De " D, . r ,i c partments, for apartments, tor more than two years af- more than two ter the expiration of the calendar year in years, Sec. to which the act of appropriation shall have be carried t0 been passed, or to which it refers, it shall p u e u ^ ,rplus be the duty of the Secretary of such De- partment to inform the Secretary of the Treasury of the fact, and the Secretary of the Treasury shall thereupon cause such moneys to be carried to the account of the surplus fund : Provided, That when Proviso ; no an act making an appropriation shall assign tra!,sfer t0 a longer duration for the completion of ^ lu e 8 x *^ n _ d its object, no transfer of any unexpended tion of the balance, to the account of the surplus time limited for fund, shall be made until the expiration ^f^ of of the time fixed in such act. [Altered. See post.] Sect. 3. [This section relates entirely to the War Department.] Art. 32. Sect. 4. That nothing contained in the Appropria- Act of March third, one thousand eight tions for lhe hundred and nine, entitled -'An act service ° f t °" e r ii i.i /» year not to be iurther to amend the several acts for the transferred to 3* 30 VAVY DEPARTMENT. anotherbranch establishment and regulation of the Trea- £ TmllZ™^ War > and Navy, Departments," year, under shall be so construed, as to allow any ap- Act of 3d propriations whatever for the service of March, 1809. one vear to De transferred to another No appropna- , J , c ,. . ~ tions in the branch ot expenditure in a different year; hands of the nor shall any appropriations be deemed Treasurer, as subject to be transferred, under the pro- be^subject" to v ' 8 i° ns °f the abovementioned act, after transfer under they shall have been placed in the hands the Act of 3d f the Treasurer as agent of the War or March, 1809. Nayy Departments. A Sect. 5. That the abovementioned act Act of 3d" °^ the third of March, one thousand eight March, 1809, hundred and nine, shall be, and the same amended. is hereby, so amended, that the President Branches of shall be authorized to direct a portion of expenditure in the moneys appropriated for any one of payment a e " tne following branches of expenditure in portion of the the Military Department, viz: For the appropriations su b s i s tence of the a "my, for forage, for vvhich n may[ by the medica l and hospital department, for the President, the quartermaster's department ; to be be applied to applied to any other of the abovemention- another. eo > branches of expenditure in the same Branches of department : And that the President shall "eNavy'pe" be also fo rther authorized to direct a por- partment, a tion of the moneys, appropriated for any portion of the f the following branches of expenditure fo^ne^of 008 in the NaVal De P a rtment, v > z '• For P r0 " which may, visions, for medicine and hospital stores, by the Presi- for repairs of vessels, for clothing, to be dent, be ap- applied to any other of the abovemen- iMe toanot - t ioned branches of expenditure in the NAVY DEPARTMENT. 31 same department ; and that no transfers of appropriation, from or to other branch- es of expenditure, shall behereafter made. 4* o 4 Sect. 6. That no contract shall here- No contrac ' tg after be made by the Secretary of State, to be made by or of the Treasury, or of the Department the Secretaries of War, or of the Navy, except under a of De P artm * nts j ' i except under law authorizing the same, or under an ap- authority of a proprip.tion adequate to its fulfilment; and law, or an ad- excepting, also, contracts for the subsist- ec i uate appro- j i *u* c *u priation ; and ence and clothing of the army or navy, £ xcept con _ and contracts by the quartermaster's de- tracts for sub- partment. which may be made by the Se- sistence, cioth- cretaries of those Departments. lefmasur'sX Sect. 7. [Prohibits the purchase ofp ar tment. land, except i/i pursuance of law.] Sect. 8. That it shall be the duty of the ^ r ^ ^5 Secretary of the Treasury to annex to the annual estimates of the appropriations Secr ^ ar y of j\c 4U Li- • f 4. A the Treasury required torthe public service, a statement t o annex to of the appropriations for the service of annual esti- the year which may have been made by mates » a state " r J . j l xi •'-mentor appro- former acts; and, also, a statement of pr i a tionsfor the sums remaining in the Treasury, or in the service of the hands of the Treasurer, as agent of the y ear b y the War and Navy Departments, from the ^ f r jjgjj in appropriations of former years, estimat- the Treasury, ing the amount of those sums which will&c. not be required to defray expenses incur- red in a previous year, and showing the whole amount which will be subject to the disposition of the executive government in the year to which the estimates apply. 8ect. 9. A repealing section. [Approved, 1 May, 1820. 32 \\\Y DEPARTMJ An ACT providing for the better Organization of the Treasury Department. [Vol. 6, page 520.] Art. 36. Sect. 1. Be it enacted, #c That it An officer to shall be the duty of such officer of the be designated Treasury Department as the President of by the Presi- the United Slates shall, from time to time, of < theTre"a8u-'^ cl ?'8 ,5l - at ' e f° r tnat purpose, as the agent ry, to superin- of the Treasury, to direct and superin- tend suits, &c tend all orders, suits, or proceedings, in for the reco- j aw or P( , u jfy for the recovery of money, very of money, l . » J t feci for the use chattels, lands, tenements, or horedita- of theU. States, ments, in the name, a.id for the use, of the United States. Art. 37. Sect. 2. That, from and after the thir- tieth dav of September next, if any col- SeptlSSto f-^ ector °^ tne I(JVenU(J > receiver of public ficere receiving money, or other officer, who shall have public money received the public money before it is bef ° re it 4 ? 8 paid into the Treasury of the United paid into the » , . \ ' ■> Treasury, and States, shall tail to render his account, or failing to pic- pay oyer the same in the manner, or with- count— m tne time, required by law, it shall be the duty of the First Comptroller of the troller to state Treasury to cause to be stated the account and certify the of such collector, receiver of public mo- amount due— - n ey, or other officer, exhibiting truly the amount due to the United States, and cei- And the A^ent ^fy tne 6ame to tne agent of the Treasu- to issue a war- ry, who is hereby authorized and required rant of distress to issue a warrant of distress against such »g ail,st delin - delinquent officer and his sureties, direct- quent oc sure- * , . -\\ . .' ... ties, to the ed to the marshal of the district in which Marshal. such delinquent officer and his surety or NAVY DEPARTMENT. 33 sureties shall reside; and where the said officer and his surety or sureties shall re- side in different districts, or where they, or either of them, shall reside in a dis- trict other than that in which the estate of either may be situate, which may be in- tended to be taken and sold, then such warrant shall be directed to the marshals of such districts, and to their deputies, re- spectively ; therein specifying the amount with which such delinquent is chargeable, and the sums, if any, which have been paid. And the marshal authorized to Marshal or execute such warrant shall, by himself or deputy to pro- by his deputy, proceed to levy and col- jj* e d d J>°J c e t V b y lect the sum remaining due, by distress distress and and sale of the goods and chattels of such sale of goods delinquent officer, having given ten days * nf ! chatt ^ ls of previous notice of such intended sale, b y affixing an advertisement of the articles tic e e n of a J a s le n °[ to be sold at two or more public places two or more in the town or county where the said public places, goods or chattels were taken, or in the town or county where the owner of such. Goods > &c - be - j ' i i/ 1 -j j t a me insufficient, goods or chattels may reside ; and if the th ;j on of goods and chattels be not sufficient to the officer is li- eatisfy the said warrant, the same may able > &c * be levied upon the person of such officer, who may be committed to prison, there to remain until discharged by due course of law. Notwithstanding the commit- Warrant re- ment of such officer, or if he abscond, or mainin S un - if goods and chattels cannot be found suf ,al " ,sfie . d . by . P • r- i «i i proceedings a~ hcient to satisfy the said warrant, the ga inst deim- 34 NAVY DEPARTMENT. quent,theMar- mars hal or his deputy may and shall pro- ceed 7gain r s r Ceed t0 leV 7 ai,d C0l,eCt thc SUm Whkh the sureties' remains due by such delinquent officer, goods, &c. by the distress and sale of the goods and chattels of the surety or sureties of such Ten days' no- officer, having given ten days' previous tice of sale, at no tice of such intended sale, by affixing two or more ,_ ,, c ,. . f , ° public places an advertisement of the articles to be &c sold, at two or more public places in the town or county where the said goods or chattels were taken, or in the town or county where the owner of such goods or Amount due by chattels resides. And the amount due delinquent offi- b such officer as a f ores aid shall be, cer a hen upon •* ,£ . , fc •' j 1 j±u lands, &c. of and the same is hereby declared to be, a himself and lien upon the lands, tenements, and here- s " rel ^ s » from ditaments, of such officer and his sureties, levy, &c. from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof made in the office of (he clerk of tbe district court of the proper district, until the same shall For want of be discharged according to law. And for goods, &c. want of goods and chattels of such officer, lands, &c. may or j^ sure ty r sureties, sufficient to sat- be sold. . c J t j. - , isfy any warrant of distress issued pursu- ant to the provisions of this act, thc lands, tenements, and hereditaments, of such officer, and his surety or sureties, or so much thereof as may be necessary for T , that purpose, after being advertised for notice of^ate at * east three weeks, in not less than three of lands, &c public places in the county or district at three public w | iere suc h rea l estate is situate, prior to places. NAVY DEPARTMENT. 35 the time of sale, may and shall be sold by the marshal of such district or his dep- uty ; and for all lands, tenements, or her- Conveyance of editaments, sold in pursuance of the au- the Marshal to thority aforesaid, the conveyance of thef; ve t a v ] alid , ti - 11 iL • , J j • tie to lands marshals or their deputies, executed inpoi^&c, due form of law, shall give a valid title against all persons claiming under such delinquent officer or his surety orsureties. And all moneys which may remain of the Remainder of proceeds of such sales, after satisfying P^ e ce ^ t s er ^ at _ the said warrant of distress, and paying isfying warrant the reasonable costs and charges of the and costs, to sale, shall be returned to such delinquent be returned to m., 4 i delinquent offi- cer or surety, as the case may he : cersorsureties# Provided, That the summary process here- p rov iso ; sum- in directed shall not affect any surety of mary process any officer of the United States who not t0 affect became bound to the United States before for? tlfis* Act. the passing of this act; but each and Officers to give every such officer shall, on or before the new sureties thirtieth day of September next, give new ^ t %J£ th and sufficientsureties for the performance of the duties required of such officer. Art. 38. Sect. 3. That, from and after the thir tieth day of September next, if any offi ffter sotbSep. cex employed, or who has heretofore been employed to employed, in the civil, military, or naval, disburse public departments of the government, to dis- ™™9J*> bei . n § i .. , , ° • . j r delinquent in burse the puolic money appropriated tor renderin? ac _ the service of those departments, re- counts or pay- spectively, shall fail to render his ac in s over > Ac- counts, or to pay over, in (he manner,^^^ and in the times, required by law, or the roller to state 36 .NAVY DEPARTMENT. and certify the regulations of the department to which acounts, and i • . , ? the Agent of " e ls accountable, any sum of money re- the Treasury maining in the hands of such officer, it to proceed a- shall be the duty of the First or Second gainst them by Comptroller of the Treasury, as the case warrant of dis- \ . , J ' , • i ,i tress, &c. naay be, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified, the account of such delinquent officer, to the agent of the Treasury, who is hereby authorized and required immediately to proceed against such delinquent officer, in the manner directed in the preceding section, all the provisions of which are hereby declared to be applicable to every officer of the government charged with the disbursement of the public money, and to their sureties, in the same man- ner, and to the same extent, as if they Proviso ; the had Deen described and enumerated in the Agent, with 'said section : Provided, nevertheless, That approbation of tne SdL \d agent of the Treasury, with the onhe'Treasu. approbation of the Secretary of the Trea- ry, may post- sury, in cases arising under this or the pone proceed- precedmgsection, may postpone, for a rea- mgs, &c. sonable time, the institution of the pro- ceedings required by this act, where; in. his opinion, the public interest will sustain no Art. 39. injury by such postponement. Persons ag- SeCt. 4. That if any person should grieved may consider himself aggrieved bv anj war- prefer a bill of r ant issued under this act, he ma) j Sc a t in -ud°e a a ]M of complain* to any district judge ^istnc ju ge, o f ^ United States, setting forth th< NAVY DEPARTMENT. *M the nature and extent of the injury of which he complains ; and thereupon the The judge may judge aforesaid may, if in his opinion the grant an in- case requires it, grant an injunction toJ unctiom stay proceedings on such warrant alto- gether, or for so much thereof as the na- ture of the case requires ; but no injunc- tion shall issue till the party applying fcr™*"**, the same shall give bond, and sufficient seC urity a security, conditioned for the performance of such judgment as shall be awarded against the complainant, in such amount as the judge granting the injunction shall prescribe; nor shall the issuing of such i . • • • °,i i« Injunction not injunction in any manner impair the lien t0 J impair tne produced by the issuing of such warrant, lien of the war- And the same proceedings shall be had on rant - such injunction as in other cases, except that no answer shall be necessary on the part of the United States: and if, upon Damages, if V , . ,, .. j. i 11 application for dissolving the injunction, it shall appear th ^ injunction to the satisfaction of the judge who shall was merely for decide upon the same, that the applica- dela y* tion for the injunction was merely for de- lay, in addition to the lawful interest which shall be assessed on all sums which may be found due against the complainant, the said judge is hereby authorized to add such damages as that, with the lawful in- terest, it shall not exceed the rate of ten per centum per annum on the principal sum. ., Sect. 5. That such injunctions may . • i be granted or dissolved by such judge, e XTrT<^ either in or out of court. of court, .4 3S NAVY DEPARTMENT. Art. 41. Sect. 6. That if any person shall con- Persons br- sider himself aggrieved by the decision grieved by the of such judge, either in refusing to iss district judge, the injunction, or if granted, on its disso- aludffe o/thc ' u ^ 01 ^ ■* shM De competent for such per- supreme court, son to lay a copy of the proceedings had who may grant before the district judge before a judge of the supreme court, to whom authority is hereby given either to grant the in- junction or permit an appeal, as the case may be, if, in the opinion of such judge of the supreme court, the equity of the case requires it; and thereupon the same proceedings shall be had upon such in- junction in the circuit court, as are pre- scribed in the district court, and subject to the same conditions in all respects whatsoever. Art. 42. Sect. 7. That the attorneys of the Uni- ted States, for the several judicial districts the United of the United States, in the prosecution of States to con- all suits in the same, in the name and for form to in- the benefit of the United States, shall con- structions from r i i- *• i • the Acent of f° rm to such directions and instructions, the Treasury, touching the same, as shall, from tune to Attorneys, at time, be given to them, respectively, by the end of eve- the said agent of the Treasury. And it ty term, to for- sna |i moreo ver, be the duty o! i ach ol the ward a state- . , , . ,- f . . , ment of cases sa!C * attorneys, immediately after the end decided, &c. of every term of the district and circuit and it.forma- CO urts, or of any state court, in which any Agent *&c * 8U ^ or ac t' on ma y De pending On behalf of the United States, under the direction of any district attorney, to forward to the said a^ent of the Treasury a statement of the .NAVY DEPARTMENT. 39 cases which have been decided during the said term, together with such information touching such cases as may not have been decided, as may be required by the said officer. Sect. 8. That it shall be the duty of the Art, 43. clerks of the district and circuit courts. Clerks of Q ltm within thirty days after the adjournment of Cl ,it and Ois- each successive term of the said courts re i"ct Courts, spectively, to forward to the said agent of w ' thi " 30 da >' s F r¥ , J ' ,. r ,. . b , , after term, to the Ireasury a hstof all judgments and de- forward a ] i&t crees which have been entered in the said of judgments courts, respectively, during such term, to and de f iees which the United States are parties, show-^ n g ^ c, ' gh ° vv- e ing the amount which has been so adjudged the amount, or decreed for oragainstthe United States, &** and stating the term to which execution thereon will be returnable. And it shall, in like manner, be the duty of the marshals of Marshals, the several judicial districts of the United within 30 days States, within thirty days before the com- before term, •/ to make re— mencement of the several terms of thesaid turns t0 the courts, tj make returns, to the said agent, Agent, of pro- of the proceedings which have taken place cecdin s s °» upon all writs of execution or other pro- ecution & Ct cess which have been placed in his hands for the collection of the money which has been so adjudged and decreed to the Unit- ed States in the said courts respectively. Art. 44. Sect. 9. That nothing in this act con- ^ft^im ^ tained shall be construed to takeaway or aiiy right or impair any right or remedy which the remedy, under United States now have, by' law, for the P recedi »g c . i i , i i laws, for the recovery oi taxes, debts, or demands. rec overy of [Approved, 15 May, 1820. debt*,- Arc. iO .NAVY DEPARTMENT. An ACT further tj amend the several Acts re la to the Treasury, War, and JVavy, Departments. [Acts of the 1st Session of the 17th Congress, p. 69.] Art. 45. Sect. 1. Be it enacted, &c. That the 2d section of secon ^ section of the Act, entitled " An actof8thxMay, act making alterations in the Treasury 1792 : an( | YVar Departments," passed the eighth day of May, seventeen hundred and nine- ty-two ; the second section of the act, 2d section of entitled "An act to alter and amend the Act of i6th several acts for the establishment and re- uy ' gulation of the Treasury, War, and Na- vy, Departments," passed the sixteenth day of July, seventeen hundred and nine- And 7th see- ty* e 'g nt 5 an d the seventh section of the tion of Act of act, entitled u An act to provide for the ^ March, prompt settlement of public accounts," passed the third day of March, eighteen hundred and seventeen, be, and hereby Repealed, af- are) repealed, from and after the thirtieth ml° th Juue ' i] *y of Junc > ei g htecn hundred and twen- A ty-two. Art - 46 ' Sect. 2. That on the day and year On the 30thofj a5 t aforesaid, all moneys which may re- mo n nVs 8 r^ ,allinain m tllG hands ° f the Trea * arer of maining iu the the United States, as Agent of the War hands of the and Navy Departments, shall, under the Treasurer, as direction of the Secretaries of those De- agent of the l . , . ... War & Navy partmetits, respectively, be repaid into Departments, the Treasury, and carried to the credit to be repaid in- f t [ le j )r0 per Department upon the book* to the Aieasu- /» .1 rr» ,y, Sic. °f the ireasury. Art. 47. Sect. 3. That all moneys appropriat- Aii moneys fo f ed ior the use of the War and Navy De* NAVY DEPARTMENT. 41 partments shall, from and after the day £>• use ° f J*« r , , > • j * t i r War and Na- and year last aforesaid, be drawn from vy Depart . the Treasury, by warrants of the Secre- ments, to be tary of the Treasury, upon the requisi- draw D by war* tions of the Secretaries of those Depart- £™£* ^e- ments, respectively, countersigned by the Treasury, up- Second Comptroller of the Treasury, and on requisition registered by the proper Auditor. °£ Secretaries Sect. 4. That so much of the said ^ avy , & c . act of the third day of March, eighteen . , , fi hundred and seventeen, as is repugnant go much oft *j lc to the foregoing provisions, be, and is act of 3d Mar. hereby, repealed, from and after the thir- ^17, as is re- tic th dav of June, eighteen hundred and pugna . n '' „ &c ' twenty-two. [Approved, 7 May, 1822. repealed > ^ Note. — In all the appropriation acts passed since the First Session of the Seventeenth Congress, in- clusive, [1821-22,] there is a proviso, thatno money shall he paid to any person who is in arrears to the United States, until such person has paid into the Treasury all sums for which he may be liable. The accounting officer, on demand of the party whose pay is withheld, is fo report to the Agent of the Treasury, who is to order suit wiihin 60 days. An ACT in addition to the Act, entitled H An Act for the prompt settlement of Public Accounts/' and for the punishment of the crimp: of Perjury. [Acts of the 2nd session of the 17th Congress, p. 71.] Art. 49. Sect. 3. That if any person shail swear An y person or affirm falsely, touching the cxpendi-f^'n 6 ^ c , ,. r ly shall suffer ture ot public money, or in support of as for wilful any claim against the United States, he and corrupt or she shall, upon conviction thereof, per ^ ury# suffer as for wilful and corrupt perjury. [Approved, 1 March, 1823. 4* 42 NAVY DEPARTMENT. Art. 50. Proviso. An ACT concerning the Disbursement of Public Money. [Acts of the 2nd session of the 17th Congress, p. 7.} r Sect. 1. Beit enacted, &c. That, from No advance oi 1 r . r 7- i public money anc * after the passing of this act, no ad- to be made, vance of public money shall be made in an* 7 case whatever ; but in all cases of contracts for the performance of any ser- vice, or the delivery of articles of any description, for the use of the United States, payments shall not exceed the value of the service rendered, or of the articles delivered, previously to such pay- ment : Provided, That it shall be lawful, under the special direction of the Presi- dent of the United States, to make such advances to the disbursing officers of the government, as may be necessary to the faithful and prompt discharge of their re- spective duties, and to the fulfilment of the public engagements : And provided, also, That the President of the United States may direct such advances, as he may deem necessary and proper, to such persons in the military and naval service as may be employed on distant stations, where the discharge of the pay and emo- luments to which they may be entitled, cannot be regularly effected* Sect. 2. That every officer or agent of Rents' of thYu. the United States, who shall receive pub- s, to ac- lie money which he is not authorized to c ° un , 1 ( i uarler retain, as salary, pay, or emolument, shall render his accounts quarter yearly to the proper accounting officers of the Treasu- Proviso.] Art. 51. Officers or a- NAVY DEPARTMENT. l» ry, with the vouchers necessary to the correct and prompt settlement thereof, within three months, at least, after the expiration of each successive quarter, if resident within the 'United States; and within six months, if resident in a foreign country: Provided, That nothing herein 'Provide. contained shall be construed to restrain the Secretaries of any of the Depart- ments from requiring such returns from any officer or agent, subject to the con- trol of such Secretaries, as the public in- terest may require. Art. 52. Sect. 3. That every officer or agent of Officers or a- the United States, who shall offend against gents offe " din g ., . . c ., . °. against the the provisions of the preceding sections, preceding sec- shall, by the officer charged with the di- tions, to be rection of the department to which such P rom P t V **f offendingofficer is responsible, be prompt- patent 'and ly reported to the President of the United dismissed from States, and dismissed from the public ser- H ie i )Ublic ser ~ vice : Provided, That in all cases, where p^j^ any officer, in default as aforesaid, shall account to the satisfaction of the Presi- dent for such default, he may be continu- ed in office, any thing in the foregoing provision to the contrary notwithstanding. Art. 53. Sect. 4. That no security given to, or Nosecurit y l»- obligation entered into with, the eovern- 1™ J ' ox ob ° , ,, , ? P , . ligation enter ment, shall be in any wise impaired, by ed into with the dismissing any officer, or from failure th e govem- of the President to dismiss any officer ™ ent ? t0 be i ., A. ' impaired by coming under the provisions of this act. dismissal or [.Approved, 31 January, 1823. non dismiss*: U NAVY DEPARTMENT. A.n ACT to provide for the collection and preset tion of such flags, standards and colours, as shall have been, or may hereafter be. taken by tb< and naval forces of the United States from their enemies. [Vol 4, flngeTOO.] Art, 54. Sect. 1 . B? it enacted, 4*c. That the Se- Dutyofthe cretaries of the War and Navy Depart- Secretaries of ments be, and the) are hereby, directed to War and Na„ cause-to be collected and transmitted to sweet" 1S re " tbeflfy at the seat of the government of the United States, all such flags, standards, and colours, as shall have been, or may hereafter be, taken by ihc arm) and navy of the United States, from their enemies. Art. 55. Sect. 2. All the flags, standards, and Flags, &c. to colours, of the description aforesaid, be displayed which are now in the possession of the in some public departments aforesaid, and such as may P^ide a nVsh e all be hereafter transmitted to them, shall he, direct. with all convenient despatch, delivered to the President of the United States, for the purpose of being, under his direction, preserved and displayed in such public place as he shall deem proper. Art. 50. Sect. 3. The sum of five hundred dpi* 600 doiis a J ars w hereby appropriated for the above propriatexl. purposes, out of any moneys in the Trea- sury not otherwise appropriated. [jjoprovtd, I'd April, 1814. 4#s NAVAL AXUttAIttSNT. An ACT to provide a Naval Armament* [Vol. 2, page 384.] Whereas the depredations committed by the Algerine corsairs on the com- merce of the United States, render it ne- cessary that a naval force should be pro- vided for its protection : Sect. 1. Be it therefore enacted, fyc. Art. 51, That the President of the United States resident to be authorized to provide, by purchase or provide certain otherwise, equip, and employ, four ships, sm P s * to carry forty-four guns each, and two ships to carry thirty-six guns each. Sect. 2, 3, 4, 5, 6, 7, 8, superseded* Sect. 9. If a peace shall take place Art. 58* between the United States and the re- If eace k gency of Algiers, no further proceedings p i aC e, &c, shall be had under this act. [Approved, 27 March , 1794. An ACT supplementary to an act, entitled " An act to provide a naval armament." [Vol.2, page5l9.J Be it enacted, ire. That the President Art. 59. of the United States be authorized to President to continue the construction and equipment continue the (with all convenient expedition) of two construction frigates of forty-four and one of thirty of 'three' P ftl- nt six guns, any thing in the act, entitled gates. 4# NAVAL ARMAMENT. "An act to provide a naval armament,^ to the contrary notwithstanding. [Approved, 20 April, 1796. An ACT to provide an additional armament for the further protection of the trade of the United States, and for other purposes. [Vol.3, page 42.] Be it enacted, ire. That the President Art. 60. f the u n ited States shall be, and he is Certain ves- hereby, authorized and empowered to seis not carry- cause f De built, purchased, or hired, a ing more than . r , 7 * ,. , 22 guns each, number of vessels, not exceeding twelve, «o be procured, nor carrying more than twenty-two guns each, to be armed, fitted out, and manned, under his direction. [Approved, 27 April, 1793. An ACT to make a further appropriation for the ad> ditional naval armament. [Vol. 3, page 112.] Be it enacted, i'c. That the sum of six Art. 61. hundred thousand dollars shall be, and Appropria- hereby is, appropriated, to enable the tion for three President of the United States to cause ships of 32 to be built and equipped three ships or ^n* each. vessels, to be of a force not less than thirty-two guns each, and of the dimt vi- sions and model which he shall deem most advantageous for the public service, part of the additional naval armament authorized by law. [Approved, 1 6 July. 1798. [By an act of the 25th of February -hips of not less than 74 guns, and six sloo] i |8 NAVAL ARMAMENT. 47 gun?, wero authorized to be built, for whi^h one mil* lion of dollars was appropriated, in part. See page 1^9, vol. 3 This law, however, was not carried into effect; an act fixing the naval peace establishment, and reducing the number of vessels of war, having passed on th^ third ot March, 1801. The intention of building 74*s was revived and carried into effect in vir- tue of act • f 2nd oi* January, 1813. See post.J An ACT fixing the pay of the captains and com- manders of ships and vessels of war of the Unit- ed States. [Vol. 3, page 125.] Sect. 1. Be it enacted fyc. That all the Art: 62. vessels in the service of the United States, B vvhat offi _ mounting twenty guns and upwards, be cers public ves- commanded by captains ; those not ex- sels are to b e ceedtng eighteen guns, by masters or lieu- commanded - tenants, according to the size of the ves- sel, to be regulated by the President of the United States. Sect. 2. That the pay of captains Art. 63. commanding ships of thirty two guns and pay and al- upwards, be one hundred dollars per lowance to month and eight rations per day : of cap ca P tahls a ™* . . °,. , . r r i commanders. tains commanding ships of twenty and under thirty two guns, seventy live dol- lars per month and six rations per. day ; of a master commandant, sixty dollars per month and rive rations per day ; and of lieutenants, who may command the smaller vessels, titty dollars per month and four rations per day. Sect. 3. Whenever any officer as afore- Art. 64. said, shall be employed in the command Allowance to of a squadron on separate service, the commanders of 48 iJaval armament. squadrons and allowance of rations to such command- the command- j officer shall be doubled during the er of the navy. & .. r . , b. continuance of such command, and no longer, except in the case of the com- manding officer of the navy, whose al- lowance, while in service, shall always be at the rate of sixteen rations per day. (•Approved, c 25 February, 1 799. An ACT authorizing the establishment of Docks. [Vol. 3, page 130.] Art. 65. Be it enacted, fyc. That two docks, for Docks to be ^ e convenience °f repairing the public f?recteJ. ships and vessels, be erected in suitable places, under the direction of the Presi- dent of the United States, and that the sum of fifty thousand dollars be appro- priated towards effecting this object ; to be paid out of any moneys in the Trea- sury of the United States not otherwise appropriated. [Approved, February 25, 1799. An ACT authorizing the purchase of timber for na- val purposes. [Vol. 3, page 130.] Art 66 ^ e ** enacle( ^ &£• That the President of the United States shall be, and he is Ti f^£ r *! hereby, authorized to direct a sum not cured. exceeding two hundred thousand dollars, to be paid out of any moneys in the Trea- sury not otherwise appropriated, to Iv NAVAL ARMAMENT. 4$ laid opt in the purchase of growing or other limber, or of lands on which lim- ber is growing, suitable for the navy, and to cause ihe proper measures to be taken to have the same preserved for the future uses of the navy. [Approved, 25 February, 1799. An ACT providing for a Naval Peace Establishment, and for other purposes. [Vol. 3, page 426.] Sect. 1. Be it enactefl eye. That the a * p~ President of the UnitedfStates be, and he * • * is hereby! authorized, whenever the situ- The Pres,dent pT , ,. L v. . in- • • • . may cause to ation of public affairs shall, in his opinion, be sold certain render it expedient, to cause to be sold public vessels* (they being first divested of their guns and military stores, which are to be carefully preserved.) all or any of the ships and .vessels belonging to tf|e navy, except the frigates United States. Constitution, Pre- sident, Chesapeake, Philadelphia, Con- stellation, Congress, New- York, Boston, Essex, Adams, John Adams, and General G'-ene; and, also, to lay up all the fri- gates, thus to be retained, except such as are directed by this act to be kept iu con- stant service in time of peace. Sec T. 3 . Rrp r a le d by act of Ap ril 2 1 , 1806. See post. 75. Sect. 3. From and after the day when Art. 68* the reduction of the navy shall take place Component 5 50 NAVAL ARMAMENT. parts of a ra- as aforesaid, the navy ration shall consist tion - of as follows : On Sunday, fourteen ounces of bread, one and a quarter pound of beef, half a pound of flour, one quarter of a pound of suet, one half pint of distilled spirits : Monday, fourteen ounces of bread, one pound of pork, half pint of pease, 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 of 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 pease, half pint of vinegar, one half pint of distilled spirits. Sect. 4, Repealed by act of April 21> 1806. See post. 75. Sect, 5, Temporary. [Approved] 3 March, 1801. NAVAL ARMAMEN'l, dl An ACT to provide an additional armament for the protection of the seamen and commerce of the United States. [Vol. 3, page 530.] Sect. 1. Be it enacted, #-c. That the Art. G9. President of the United States be, and he p res ident au- is hereby, authorized and empowered to thonzed to put cause to be built, or to be purchased, (if the iuto serVice r ., i_ 11 - • a. \ four vessels of exigencies of the service shall require it,) l6 s each four vessels of war, to carry not exceed- ing sixteen guns each, to be armed, man- ned, and fitted out, for the protection of the seamen and commerce of the United States in the Mediterranean and adjacent seas, and for other purposes, as the public service may require. Sect. 2. The sum of ninety-six thou- Art. 70. sand dollars is hereby appropriated for the Appropriation. purpose aforesaid, out of any moneys in the Treasury of the United States not otherwise appropriated. Sect. 3. The President of the United Art. 71. States is hereby- authorized and empow- Gunboats. ered to cause to be built a number not ex- ceeding fifteen gunboats, to be armed, manned, and fitted out, and employed for such purposes as, in his opinion, the pub- lic service may require ; and a sum not exceeding fifty thousand dollars, 19 hereby appropriated for this purpose, out of any moneys in the Treasury of the United States not otherwise appropriated. [Approved, 28 February. 1303, n ! 2 NAVAL ARMAMENT, Ata ACT supplementary to the act, entitled "An providing for a naval peace establishment, and for other purp3ses. v [Vol. 3, page 619.] Art. 72* ^ect. 1. Jje it enacted, fyc. That the *. President of the United States be, and he the^avy^o^e * s nercD )? authorized to attach to the na- attached to v* ) ard, at Washington, and to the frigates the Navy Yard anc [ other vessels laid up in ordinary in ^Washing- the £ astern Branch, a captain of the na- vy, who shall have the general care and superintendence of the same, and shall perform the duties of agent to the Navy- Department, and shall be entitled to re- ceive for his services, the pay and ernot uments of a captain commanding a squa- Other officers, dron on separate service. And the Pre- &c, h l ° be at ~ sident of the United States is hereby game, ° 6 further authorized to attach, permanent- ly, to the said navy-yard and vessels, one other commissioned oilicer of the navj who ttiall receive for his services the pay and emoluments of a captain command- ing a twenty gun ship, one surgeon and one surgeon's mate ot the na\\ , who shall be severally allowed for their $er.vic< 3 the stfme pay, rations and emoluments, as are allowed to a surgeon and to a hi:. mate in the army of the United Stat< one sailing master, one head carpeni. one plumber, one head blockmak- head cooper, two boatswains, two gun- ners, one sailmakerjOne etorekeepi purser, one clerk of the yard; and ;. ! NAVAL ARMAMENT. 53 such seamen and marines, as in the opin- ion of the President shall be deemed necessary : Provided, That the number of Proviso, seamen or marines, shall not, at any time, be greater than what is at present au- thorized by the act to which this is a supplement. Sect. 2. That part of the act to which Art. 73. this is a supplement, which attaches to Repeal of part each frigate, laid up in ordinary, one sail- of a former ing master, one boatswain, one gunner, act * one carpenter, and one cook, one ser- geant or corporal of marines, and eight marines ; and to the large frigates twelve, and to the small frigates ten, seamen, and which declares that the sailingrqaster shall have the care of the ships, and shall exe- cute such duties of a purser as may be ne- cessary, shall be and hereby is repealed. [Approved, 11 March, 1804. An ACT to appropriate a sum of money for the pur- pose of building Gunboats. [Vol.3, page 658. | Beit enacted, „c-^ n sident of the United States, in the event of President may , » cause frigates, a favourable change in our foreign rela- &c. to be laid tions, shall be, and he is hereby, authori- up,mcase f &c. ze( j ± cause ( De discharged from actual service, and laid up in ordinary, Buch of the frigates and public armed vessels, in his judgment, a due regard to the public security and interest will permit. Sect. 2. So much of the first section Art. 85. of an act, entitled "An act to authorize Part of the fust the employment of an additional naval ActofSUt Ja! r ° rce '" passed at the last session of Con- nuary, 1809, g r ^ss, as requires the public armed \ repealed. sels to be stationed at such ports and pla NAVAL ARMAMENT. 59 ces on the seacoast, or cruise on (he sea- coast of the United States and territo- ries thereof, shall he, and the same is hereby, repealed. (See ante, 82.) [Approved, 28 June, 1 809. An ACT concerning the naval establishment. [Vol. 4, page 399.] Sect. 1 . Be it enacted, $rc. That the Pre- Art. 86. sident of the United States be, and he is hereby, authorized and empowered to Certa ! n [ T l " V i i- , i • » • gates to be re- cause to be immediately repaired, equip- paire d ami put ped, and put into actual service. the frigates into commis- Chesapeake, Constellation, and Adams ; sion ' and a sum not exceeding three hundred thousand dollars is hereby appropriated for that purpose. Sect. 2. The officers and seamen of Art. ^ the navy mav be increased so far as may i ± l\z j • Officers and be necessary to othcer. man, and equip, seanien may * the vessels so to be put into service, any be increased law to the contrary notwithstanding. • accordingly. Sect. 3. The sum of two hundred Art. 88. thousand dollars, annually, for three Aiatlon years, viz : 1812, 1813, and 1814, is ap- f or the pur- propriated towards the purchase and chase of tim- supply of a stock of every description of ber * timber required for ship building and other navy purposes ; and the first appro- priation thereof shall be made in the pur- chase of timber suitable for rebuilding the frigates Philadelphia,General Greene, New York, and Boston. ^ r ^ gg # Sect. 4. The sums herein specifically How to be appropriated, shall be paid out of any paid. 60 NAVAL AU.MAMI. moneys in the Treasury not otherwise appropriated. Art. 90. . Sect. 5. As soon as it shall be deemed Gunboats to compatible with th^ good of the public be laid »-p and service, the gunboats now in commission, distributed in s hall be laid up, and, with those not in com- different ports, m ^ on : be distributed m the several bar- hours of the* maritime frontier which are most exposed to attack, to bocarcfulh kept Art. 91„ an d u$ed as circumstances may require. Pursers to be Sect. 6. The pursers in the Navy of appointed by the United States, shall be appointed by the President th p residcnt f the Urjite5 States, by and benate. *'•■■.■ 1 • i * » J and with the advice and consent of the Senate ; and from 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 ot: distant service, who shall not. remain in service after the first day of July next, unless nominated and appointed as aforesaid. [The remainder of this section relates to the bond to be given by pursers; but it has been superseded (and has been therefore omitted) by the following act of 1st March, 1817.] [Approved, 30 March, 1312. An ACT supplementary to a\i act entitled " An Act concerning the Naval Est ihlishment." 177.] Art. 92. Sect. 1. Be it enacted, d^c. That every pursers to en- purser now in service, or who ma) he ter into bond after be appointed, shall, instead of the JNAVAL ARMAMENT. 61 bond required by the act to which this is *° the penalty a supplement, enter into bond, with two o^.WOdoite. m • i. iU n Wlth two or or more suincient sureties, in the penalty roore sure ties. of twenty-five thousand dollars, condi- tioned for the faithful discharge of all his duties as purser in the navy of the Sureties *° be United States, which said sureties shall ^ Ju^ge or be approved by the judge or attorney of Attorney of the the United States for the district in which District, &c such purser shall reside. Sect. 2. That, from and after the first Art. 93. day of May next, no person shall act in n person to the character of purser, who shall not act as Purser enter into bond as aforesaid, excepting *[ ter th , e *;L tof u i ii ?May, 1817, pursers on distant service, who shall not witn0Llt bond, remain in service longer than two months excepting those after their return to the United States, on distant ser- unless they shall comply with the pro- ™* &£ nor visions of the first section of this act. [Approved, J March, 1817. An ACT to increase the Navy of the United States. [Vol. 4, page 484.] Sect. 1. Be it enacted, ire. That the Art. 94. President of the United States shall be, Ships of war and he hereby is, authorized, as soon as tobe built ' suitable materials can be procured there- for, to cause to be built, equipped, and employed, four ships, to rate not less than seventy-four guns, and six ships, to rate forty four guns each. Sect. 2. There shall be employed on Art. 95. board each of the said ships of seventy Complement of four guns each, one captain, six lieuten- 6 62 NAVAL ARMAMENT, officers on board the se- venty-fours. Art. 96. Warrant offi- cers on board the same. Art. -97. Complement of seamen. ants, one captain, one first lieutenant, and one second lieutenant of marines, one surgeon, one chaplain, one purser, and three surgeons' mates. Sect. 3. There shall be employed in each of the said ships, carrying seventy- four guns, the followiug warrant officers, who shall be appointed by the President of the United States : one master, one second master, three masters' mates, one boatswain, one gunner, one carpenter, one sailmaker, and twenty midshipmen ; and the following petty officers, who shall be appointed by the captains of the ships, respectively, in which they are to be em- ployed, viz: one armorer, six boatswains' mates, three gunners' mates, two carpen- ters' 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, o e car- penter's yeoman, ten quarter gunners, eight quartermasters, and one clerk ; and one schoolmaster, also to be appointed by the captain. Sect. 4. The crews of each of the said ships of seventy-four guns, shall con- sist of two hundred able seamen, three hundred ordinary seamen and boys, three sergeants, three corporals, one drummer, one fifer, and sixty marines.* * There is no law fixing the number of officers, petty-officers, seamen, &c. &c. to be employed on* board of frigates or sloops of war. NAVAL ARMAMENT. 63. Sect. 5. The pay of the schoolmas- Art. 98, ter shall be twenty hve dollars per month, Pay f t h e and two rations per day. schoolmaster. Sect. 6. The sum of tw f o millions five Art. 99. hundred thousand dollars is hereby ap- A . 4 . . , . c . ; .Jf Appropriation,, propnated, out of any moneys in the Treasury not otherwise appropriated, for. the building and equipping of the afore- said ships of war. [Approved, 2 January, 1813. An ACT supplementary to the act for increasing the navy. [Vol. 4, page 525.] Sect. 1. Be it enacted, fyc. That the Pre- Art. 100. sident be, and" he is hereby, authorized to sioops of war have built, six sloops of war, and to have to be built, &c. the same manned, equipped, and commis- sioned, for service; and that the Presi- Vessels also to dent be authorized to have built, or pro- be prepared cured, such a number of sloops of war, forlhe lakes * or other armed vessels, to be manned, equipped, and commissioned, as the pub- lic service may require on the lakes. Sect. 2. The President is hereby au- Art. 101. thorized to appoint such officers, and to „ . . ± . vv . n i-i Officers and employ the number of seamen which seamen forth© may be necessary for such vessels, as are same. authorized by law to be put into commis- sion, any law to the contrary notwith- standing. Sect. 3. For the building or procur- ^ r ^ jq£ # ing said vessels, and for the payment of Specific apprV- two hundred thousand dollars, for vessels priation, 6* NAVAL ARMAMENT. already procured on the lakes, by dir tion of the President, the sum of nine hundred thousand doilars, out of any mo- ney in the Treasury not otherwise appro- priated, shall be, and the same is hereby, appropriated. Art. 103. Sect. 4. The sum of one hundred Appropriation thousand dollars is appropriated for the for a dock- purpose of establishing a dockyard for yard. repairing the vessels of war, in such cen- tral and convenient place on the sea* board as the President of the United States shall designate. Art. 104. Sect. 5. The President is hereby au- President may thorized to contract for the building any contract for of the six forty-four gun ships authorized building any of by law: Provided, That the building be the 44 gun under inspection of an agent appointed Proviso ky the Secretary of the Navy. A ' Sect. 6. The President of the United * States is authorized to sell or dispose of Sale ©f gun- sucn anc t so many of the gunboats be- boats author*- longing to the United States^ as may have become unfit for service, or as, in his judgment, may no longer be necessary to be retained by the government. * Improved, 3 March) 1813. Aa ACT authorizing the President of the 1 States to cause 10 he built barges for tin* d< of the parts and harbours of the United Stai [Vol.4, page 542.1 (Note. This ACT repealed, Uy act of 27th Feb l$l J. J S«€ pott. NAVAL ARMAMENT. 65 An ACT providing for the further defence of the ports and harbours of the United States. [Vol. 4, page 545.] Sect. 1. Be it enacted, ^rc. That the Pre- j^ r ^ |qq^ sident be, and he is hereby, authorized, „ . , , ,, I in. j j President may whenever the same shall be deemed neces- rause hulks ^ J sary for the defence and security of any of& c . to be sunk the ports and harbours of the United for greater se- States, to cause to be hired or purchased, ^j^^ 6 hulks, or othermeans ofimpedimentto the entrance of the ships or vessels of the en- emy, to be sunk with the consent of the proper authority of the state in which such port or harbour may be, and the same to be removed whenever, in his opinion, it may be done with safety to such ports or harbours.* Sect. 2. To defray any expense which ^ r ^« 107. may be incurred under this act, the sum Specific appro- of two hundred and fifty thousand dollars P riation » is hereby appropriated, to be paid out of any moneys in the Treasury not other- wise appropriated. [Approved, 16 July, 1813. * N. B, It is doubted whether the execution of this act comes within the province of the Secretary of the Navy. It is believed that such impediments as chain*, booms, piers, Sec. have been placed in some of the harbours of the United States, under the direction of the Secretary of War. €* priation. 66 NAVAL ARMAMENI An ACT authorizing the President of the United States to cause to be built, equipped, and employ- ed, one or more floating batteries, for the defence of the waters of the United States. [Vol.4, page 653.] Art 108 % Be it enacted, d^c. That the sum of five- hundred thousand dollars be, and the Specific appro- j g jj ere |,y appropriated for the pur- miatioii. c u \ \ ' a K pose of building, equipping, and putting into service, one or more floating batte- ries, of such magnitude and construction as shall appear to the President of the United States, best adapted to attack, re- pel, or destroy, any of the ships of the enemy which may approach the shores or enter the waters of the United States, and that the sum hereby appropriated shall be paid out of any moneys in the Treasury not otherwise appropriated, [Approved, 9 March, 1814. An ACT authorizing the appointment of certain offi- cers for the flotilla service. [Vol, 4, page 686.] [Note. This act repealed by act of 27th Feb. 1815.] (See post.) An ACT authorizing the purchase of the vessels cap- tured on lake Erie. [Vol. 4, page 693.] [Note. This act is obsolete.] An ACT concerning the pay of officers, seamen, and marines, in the navy of the United States [Vol. 4, page 704.] Art. 109. Sect. 1, Ik it enacted, #c. That the pay Pay, &c. of and subsistence of the respective commit NAVAL ARMAMENT. 67 sioned and warrant officers be as follows : commissioned a lieutenant, other than a master com- ^ l * e ^ rrant mandant, or lieutenant commanding a small vessel, forty dollars per month and three rations per day ; a chaplain, forty dollars per month and two rations per day; a sailing master, forty dollars per month and two rations per day ; a sur- geon, fifty dollars per month and two ra- tions per day ; a surgeon's mate, thirty dollars per month and two rations per day ; a purser, forty dollars per month and two rations per day ; a boatswain, twenty dollars per month and two rations per day ; a gunner, twenty dollars per month and two rations per day ; a sail- maker, twenty dollars per month and two rations per day ; #nd that the pay to be allowed to the petty officers and midship- men, and the pay and bounty upon en- listment of the seamen, ordinary seamen, and marines, shall be fixed by the Presi- dent of the United States: Provided, That p . the whole sum to be given for the whole * pay aforesaid, and for the pay of officers, and that the amount of bounties upon en- listment of seamen and marines, shall not exceed for any year the amount which may, in such year, be appropriated for those purposes respectively. [Sect. 3. The President is hereby au- j^ r ^ jjq thorized to make an addition, not exceed- ing twenty five per cent, to the pay of o/pTyT^c™ the officers, petty officers, midshipmen, tain caws, 68 NAVAL ARMAMENT, seamen, and marines, engaged in any ser- vice, the hardships or disadvantages of which shall, in his judgment, render such an addition necessary.] Repealed. [Approved, 18 April, 1814. N. B. This act does not fix the pay of carpenters, nor is there any existing act that does. [Note. The 2nd section of the above act has been repealed by an act of 22d Feb. 18l7, to wit :] An ACT to repeal the 2nd section of an act, en- titled " An act concerning, the pay of officers, sea- men, and marines, in the navy of the United States" [Vol. 6, page 171.] Art. 111. B e it enacted, ^-c. That the second sec- Second section a;ds with horses, accoutrements. T™ 1 ^**** . r J . . . &c. with hor- and (orage, during the time they may be see , fbrage,fcc, employed in cooperating with the land troops as aforesaid. [•Approved, 15 December, 1814, An ACT to repeal certain acts concerning the flotilla service, and for other purposes. [Vol. 4, page 813,] Sect. 1. Be it enacted, &c. That, from Art. 114. and after the ti>'st day of April next, the Anact con ~ act, entitled " An act authorizing the ""^Vn President of the United States to cause act'aytoorte- 70 SfAVAL ARMAMENT, iug the ap- pointment of officers for the flotilla service, .repealed. Art 115. Barges and other vessels of the flotilla to be sold or laid up, &c. Art. 116. Officers and privates dis- charged to re- ceive 4 months pay, over anil above, &c. Art. 117. The President authorized to cause the arm- ed vessels on the lakes to be sold or laid up, except, &£c. to be built, barges for the defence of the ports and harbours of the United Stir. passed the fifth day of July, in the year one thousand eight hundred and thirteen ;- and also an act, entitled u An act au- thorizing the appointment of certain offi- cers for the flotilla service," passed the sixteenth day of April, in the year one thousand eight hundred and fourteen, shall be repealed and cease to be in force. Sect. 2. That the barges and other ves- sels composing the flotilla establishment, (they being first divested of their guns and military stores, which are to be carefully preserved.) shall be sold or laid up under the direction of the President of the Uni- ted States, and the moneys arising there- from paid into the treasury thereof. Sect. 3. That all the commissioned and warrant officers, and all the privates, who shall be discharged in consequence of the repeal of the acts aforesaid, shall be enti- tled to receive four months' pay, over and above what may be due to them, respect- ively, at the time of their discharge. Sect. 4. That the President of the Uni- ted States be, and he hereby is, authoriz- ed to cause all the armed vessels thereof on the lakes, except such as he may deem necessary to enforce the proper execution of the revenue laws, to be sold or laid up, as he may judge most conducive to tlit public interest ; such vessels bring first divested of their armament, tackle, and KAVAL ARMAMENT- 71 furniture, which are to be carefully pre- served. Sect. 6. That the act entitled " An act Art * * ' 8- authorizing the President of the United An act author- States to cause to be built, or purchased, izln S the P u r- the vesseUtherein mentioned," passed the^ 1 ' 1 ^^^" fifteenth day of November, in the year one repealed, &c. thousand eight hundred and fourteen, be, and the same is hereby, repealed ; and the President of the United States is Ve . ssel * BC( \ ul ' . , . red under the hereby authorized to cause to be sold act may be such of the vessels, acquired under the soid, &c. said act as he may deem inexpedient to be retained in the public service ; and to cause the money arising th re from to be paid into the public treasury. Sect. 6. That the President of the Uni- Art. 119. ted States be, and he is hereby, authorized The President to cause to be sold, they being first divest authorized to ed of their guns and military stores, which canse s un " i. i r ii i lj boats to-be are to be carefully preserved, such and so sold &c> many of the gunboats belonging to the United States, as in his judgment may no longer be necessary to be retained for the public service ; and such of the war- Warrant offi- rant officers and privates as may be dis- cersa " d P"- charged in consequence of such sale, c i ulr <, e d , &c. shall be entitled to receive four months' entiHed to 4 pay, over and above what may be due to months' P a y» them at the time of their discharge. above! &c* [Approved, 27 February, 1315. 1% NAVAL ARMAMENTi An ACT concerning the naval establishment. [Vol. 4-, page 829.] Art. 120. Sect. 1. Be it enacted, &c. That, in 200,000 dolls, addition to the sums heretofore appro- appropriated priatcd for that purpose, the sum of two annually, foi hundred thousand dollars be, and the three years, i i • a. i n towards the ?ame ls hereby, appropriated, annually, purchase and for three years, towards the p'lrcha^e and supply of a supply of a stock of every description of stock of every timber req uired for ship building and description of ' * r . « /» timber, &c. other naval purposes, to be paid out of any moneys in the Treasury not otherwise appropriated. [Approved, 3 March, 1815. An ACT for the gradual increase of the Navy of the United States. [Vol 6, page 125.] Art. 121. Sect. 1. Be it enacted, &c* That, for 1,000,000 dols. the gradual increase of the navy of the per ann. ap- United States., tl>e sum of one million of propriated for d jj annum, for eight years, is eight years, for r » • i *?• i the gradual'm- hereby appropriated, including the sum create of the of two hundred thousand dollars per an- Navy, &c. num, for three years, or the unexpended balance thereof, appropriated b> an Act approved on the third day of March, one thousand eight hundred and fifteen, enti- tled '* An art concerning the Da tabtishitfeiit." [This section lias lu en repealed by act of 3d March, 1821. S post. J Art. 122. Sect. 2. That the President of the The President United States be, and he is hereby, au- NAVAL ARMAMENT. 73 thorized to cause to be built nine ships, to cause nine to rate not less than seventy-four g Uns fell, P so ''" olles j i j A i i • \. L i lnan 74 > anc * each, and twelve ships to rate not less twelve ships of than forty-four guns each, including not less than one seventy-four and three forty four 44 ? & u ? s 10 be gun ships, authorized to be built by an U1 l ' Act, bearing date on the second day of January, one thousand eight hundred and thirteen, entitled " An Act to increase the navy of the United States ;" and in carrying this act into effect, the President shall be, and he is hereby, authorized, as soon as the timber and other necessary materials are procured, and the timber properly seasoned, to cause the said ships Ifthe President to be built and equipped; or if, in his judges it pro- judgment, it will more conduce*, to the P er > »e may public interest, he may cause the said cau f e lh r e sh,p f r . . i r i i • . to be framed ships to be tramed and remain on the an d kept on the stocks, and kept in the best state of pre- stocks, &c. servation, to be prepared for service in the shortest time practicable, when the public exigency may require them. Art * * 23- C« o tu f c ±u ac c iL The President Sect. 3. 1 hat, tor the defence of the authorized t0 ports and harbours of the United States, cause to be the President shall be, and he is hereby, procured the authorized to cause to be procured the ^^"^ steam engines andalltheimperishablema- ing'and equip- terials necessary for building and equipping p» n g three three steam batteries, on the most ap- Stea ™ Batte- provcd plan and best calculated for the L ' ' . 1 .» - . , , 1 he materials waters in which they are to act : And lo be secured such materials shall be secured in the « the best best manner, to ensure the completing manner > toen- such batteries in the shortest time practi- rterin^h? 1 ^ 7 74 NAVAL ARMAMENT. Batteries in cable, when they, or either of them, in lfrae/&" e8t the °P imon of tne President, may be re- The' Block quired for the public service ; and the Ship near President is further authorized to cause New Orleans to be comp | ete d aiK ] k cpt j n the best state to be complet- f r y if i . • ed &c. °» preservation, the block ship now on the stocks near New Orleans. Art. 124. Sect. 4. That the moneys appropri- Moneys ap- ated by this act shall not be transferred propriated by to any other object of expenditure, nor beNtansferred shal1 a,) ^ P art thereof be carried to the to any other fund denominated the " surplus fund." object.norcar- [Approved, 29 April, 1816. ried to the sur- ■ill 1 — 1 plus fund. An ACT t0 estab]5sh tne Flag f the United States. [Vol. 6, page 271.] Art. 125. Sect. 1. Be it enacted, &c. That, from After the 4th an( * a ^ ter tne f° urtn day of July next, the July, 1818, the flag of the United States be thirteen hor- Flag to be 13 i ZO ntal stripes, alternate red and white: Sum!" and 2 ° that the union be twenty stars, white in a blue field. Art. 126 Sect. 2. That, on the admission of A Star to be every new state into the Union, one star added for eve- be added to the Union of (he flag; and ry new State. t | lat suc h addition shall take effect on the fourth day of July then next succeeding such admission. [Approvt e?i 4 April, I 8 1 8. RESOLUTION declaring the Manner in which the Vessels composing the Navy of the United States shall be named. [Vol. 6, page 445.] Art. 127. Resolved^ ire. That all the ships of the Ships of the navy of the United States, now building, NAVAL ARMAMENT. iO or hereafter to be built, shall be named Navy to be by the Secretary of the JNavy, under the" amed b ? the r c *i r> t > / »u n U i Secretary un- direction of the President of the United n^r direction of States, according to the following rule, to the {'resident. wit: Those of the first class, shall be J.^ 3 * 8 ' alter called after the States of (his Union; those ft * es ' D . , , . , - . • ' . 2nd after Ri- ot the second class, after the rivers ; and ver?# those of the third class, after the princi- 3d after princi- pal cities and towns ; taking care that no i jal ^ llies ai,d two vessels in the Navy shall bear the N ° w t l ^ s 6f the same name. [Approved^ 3 March, 1819. same name. An ACT authorizing the building of a certain num- ber of small vessels of war. [Vol.6, page 524.] Be it enacted, fyc. That the President Art. 128. of the United States is hereby authorized The President to cause to be built and equipped, any authorized to number of small vessels of war (not ex- J a " se O to be ceeding rive) which, in his judgment, the exceeding five pyhlfC service may require ; the said ves- vessels of war, sels to be of a force not more than twelve of n0t " 10re guns each, according to the discretion of* a *£ gm 8 the President. And, for carrying this act into effect, the sum of sixty thousand dol eo,ooo dolls. Jars is hereby appropriated, to be paid appropriated out of any money in the Treasury not for the ob i ect * otherwise appropriated. [Approved, \b May, 1820. An ACT to amend the Act, entitled "An Act to amend the Act authorizing the employment of an additional Naval Force. M [Vol. 6, page 540.] Be it enacted, <^c. That the second Art- 129. section of the Act, entitled "An Act au- 2d sect, of Act 76 IV AVAL ARMAMEM, °809 1St JaU * tnor ' zm g tne employment of an additional ed—So^s^to nava * force," passed on the thirty-first authorize en- day of January, eighteen hundred and listments for nine, be, and the same is hereby, amend- iruis S e e ;butnot ed ' s0 far as to authorize the enlistment to exceed three of able seamen, ordinary seamen, and ^ears. boys, during the continuance of the ser- vice or cruise for which they shall be en- listed ; not, however, to exceed the pe- riod of three years. [Approved, 15 May, 1820. Aji ACT to amend the Act, entitled "An Act for the gradual increase of the Navy of the United States." [Vol. 6, page 584.] At 130 Sect. 1. Be it enacted, fyc. That the first section of the Act, entitled "An Act >irst section of f tn g ra d ua l increase of the navv of the Act of Si^th ^ " April, 1816, re- *M United States, 77 approved April twen^ yreaied. ty-ninth, eighteen hundred and sixteen, shall be, and the same is hereby, re- pealed. Art. 131. Sect. 2. That, instead of the appro- t n ' ,„ priation therein contained, there shall be, 500,000 dolls. r , i i * a 4\ »' per annum, for and is hereby, appropriated, the sum ot tix years, for five hundred thousand dollars per annum, the gradual in- f or s j x years, from the year eighteen hun- crease of the ^^ and twenty-one, inclusive, to be ftp plied to carry into eflect the purposes of the said act. [Approved, 3 March, 1821. NAVAL ARMAMENT. 77 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, A PROCLAMATION. [Vol. 6, page 597.] Whereas an arrangement was entered Art, 132. into at the City of Washington, in the Arrangeinent , month of April, in the year of our Lord in 1817, as to one thousand eight hundred and seventeen, the American between Richard Rush, Esquire, at that l ni] ? r !! ibh 7 * ' Naval Force time acting as Secretary tor the Depart- 10 be main- ment of State of the United States, for and taiued on the in behalf of the government of the United Lakes - States, and the right honourable Charles Bagot, his Britannic majesty's envoy ex- traordinary and minister plenipotentiary, for and in behalf of his Britannic majesty ; which Arrangement is in the words fol- lowing, to wit : **' The naval force to be maintained upon the American lakes, by his majesty and the government of the United States, shall henceforth be confined to the fol- lowing vessels on each side ; that is — " On lake Ontario, to one vessel not Lake Ontario. exceeding one hundred tons burden, and armed with one eighteen pound cannon. k< On the upper lakes, to two vessels, Upper Lakef not exceeding like burden each, and arm- ed with like force. " On the waters of lake Champlain. to Lake Cham- one vessel not exceeding like burden, and plam# armed with like force. " All other armed vessels on these lakes to l b e Q r ^u^a' „ shall be forthwith dismantled, and no oth- tied. 78 NAVAL ARMAMENT. er vessels of war shall be there built or armed. Stipulation " If either party should hereafter be may cease on desirous of annulling this stipulation, and six months no- ghou j d - ve not j ce to tnat e ff ect t O the tice other party, it shall cease to be binding after the expiration of six months from the date of such notice. Naval" Force " The naval force so to be limited shall t0 b * re&trict, be restricted to such services as will, in no respect, interfere with the proper du- ties of the armed vessels of the other party." Arrangement And whereas the Senate of the United approved by States have approved of the said Arrange- the Senate; , * * j . .• , •■ . , j and sanction- ment ? anc * recommended that it should erf by the be carried into effect ; the same having Prince Regent. a ls received, the sanction of his royal highness the Prince Regent, acting in the name and on behalf of his Britannic ma- jesty : Is of full force Now, therefore, I, James Monroe, Pre- and effect. sident of the United States, do, by this my proclamation, make known and declare that the Arrangement aforesaid, and every stipulation thereof, has been duly enter- ed into, concluded, and confirmed, and i$ of full force and effect. Given under my hand, at the City of Washington, this twenty-eighth day of April, in the year of our Lord one thousand eight hun- dred and eighteen, and of the in- NAVAL AllMAMEM. 79 dependence of the United States the forty-second. JAMES MONROE. By the President. John Quincy Adams, Sec^y of Stale. An ACT authorizing an Additional Naval Force for the Suppression of Piracy. Art. 133. [Acts of 2nd session 17th Congress, page 3.J President au- Sect. 1. Be it enacted, c?c That the gg£ to Qr President of the United States be, and construct ves- he hereby is, authorized to purchase or sel »5 to fit, e- construct a sufficient number of vessels, in fl , u,p ' a J ,d ™ an .... ., , j c ' them for lm- addition to those now employed, of such mediate ser- burthen and construction as he may deem vice, for re- necessary, and to lit, equip, and man, the P ressin S p»ra- same for immediate service, for the pur ^ting^he^Tt- pose of repressing piracy, and of afTord- izens and com- ing effectual protection to the citizens merceoftheU- and commerce of the United States \^t^wt^t the Gulf of Mexico, and the seas and ter Mexico, and ritories adjacent. [Some of them author- seas and terri» ized to be sold. See post.] ttor}et ari J a - Sect. 2. That the sum of one hundred and sixty thousand dollars be appropriatr / * r *' *^4. ed to meet the expenditure to be incurred 1^^^"'; as aforesaid, and paid out of any money in the Treasury not otherwise appropri- ated. [Approved, 20 December , 1822. An ACT to authorize the building of ten Sloops of War, and for other purposes. [Acts of the 2d session 18th Congress, p. 94.] Sect. 1. Be it enacted, #c. That the Art. 135. 80 NAVAL ARMAMENT. The President President of the United States be, and to cause to be })e | here by authorized to cause to be built a num- &c - armed vessels and galleys, which shall 84 MARINE COUPS. be employed in the service of the United States: and the President of the United President may States may detach and appoint snch of the detarh officers officers of this marine corps to act on to serve on board the frigates and any of the armed board the fn- i r ,* ° TT ., . 0i / , gates, &c. vessels of the United States, respectively, as he shall, from time to time, judge ne- cessary ; any thing in the act "providing a naval armament," to the contrary here- of notwithstanding. Art. 142. Sect. 4. The officers, non commis- I low to be sioned officers, privates, and musicians, governed. 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 na- ture of the service in which they shall be employed. Art. 143. Sect. 5. The noncommissioned ofli- Exemption cers, musicians, seamen, and marines, who f LM° m Ar ieSt ^° r are or s * la ^ ^ e enlisted into the service of the United States, shall be and they are hereby exempted, during their term of service, from all personal arrests for any debt or contract. Art. 144. Sect. 6. The marine corps established Liable to do by this act, shall, at any time, be hal>' duty onshore, do duty in the forts and garrisons of the United States, on the seacoast, or an) oth- er duty on shore, as (he President, at his discretion, shall direct. [Approved 11 /u/y, 1798. MARINE CORPS. O.J An ACT authorizing an augmentation of the marine corps. [Vol.3, page 267. J Be it enacted, fyc. That (he President Art. 1 45 # of the United States shall be, and he is ^ . . . Marine corps - hereby, authorized to cause the marine to be augment- corps in the service of the United States ed. to be augmented, by the appointment and enlistment of not exceeding two tirst lieu- tenants, six second lieutenants, eight ser- geants, one hundred and seventy privates, and eighteen drums and fifes, who shall be respectively allowed the same pay. boun- ty, clothing, and rations, and ^hail be em- ployed under the same rules and regula- tions to winch the said marine corps are or shall be entitled and subject. (See post.) [Approved, 2 March, 1799. An ACT fixing the rank and pay of the commanding olfictr of the corps of marines. [Vol. 3, page 3*4.] Be it enacted, fyc. Tirst a lieutenant Art. 14G. colonel commandant shall be appointed A ,. , , r rr . A lieutenant to command the corps of marines, and colonel com- shall be entitled to the same pay and mandant to be emoluments as a lieutenant colonel in the a PP ointed « army of the United States ; any thing in the act for the establishing and organizing a marine corps t<> the contrary notwith- standing^ [and that the office of major of tie sai(J corps shall (hereafter be abolish- ed.] (Altere> f.) [Approved, 22 April, 1800. 36 MARINE CORP An ACT authorizing an augmentation of tire marina corps. [Vol. 4, page 223.] Art. 147. Sect. 1. Be it enacted, fyc. That the Augmentation President of the United States shall be, of the marine and he is hereby, authorized to cause the corps author- marine corps in the service of the Unit- ed States, to be augmented, by the ap- pointment and enlistment of not exceed- ing one major, two captains, two first lieu- tenants, one hundred and eighty-five cor~ porals, and live hundred and ninety- foui privates, who shall be respectively al- lowed 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 en- titled and subject. Art. 148. Sect. 2. That, from and after the pas- Term of enlist- sage of this act, all enlistments in the said mem. corps shall be for the term of live years, unless sooner discharged, any law to the contrary notwithstanding. [Approved, 3 March, 1809. An ACT authorizing an augmentation of the marine corps, and for other purpoi [Vol. 4, page 6G5] Art. 149. Sect. 1. Be it enacted, fyc. That the Marine corps President of the United States be, and to be augment- he is hereby, authorized to cause the ma- rine corps in the service of the United States, to be augmented, by the appoint- ment and enlistment of not exceeding on< MARINE CORPS. 87 major, fourteen captains, twelve first lieu- tenants, twenty second lieutenants, sixty- one 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. 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? 1 respectively receive thirty dollars per Their pay. month, in addition to their pay in the line, in full of all emoluments. Sec: 3. The President of the United Art. 151. States shall be, and he is hereby, author- p reS jo* e nt may ized to confer brevet rank on such officers confer brevet of the marine corps, as shall distinguish railkincertain themselves by gallant actions or meritori- cases * ous conduct, or who shall have served ten years in any one grade : Provided, That provisd. nothing herein contained, shall be so con- strued as to entitle officers so brevetted to any additional pay or emoluments, ex- cept when commanding separate stations or detachments, when they shall be en- titled to and receive the same pay and emoluments, which officers of the same grades are now or hereafter may be allow- ed by law. MARINE COF I Art. 152. Sect, 4. It shall be lawful for the Pre-' President may ?ident of tne United States, in the n appoint the of- of the Senate, to appoint anv of the offi- •n the cers authorized b\ this aet ; which ap- rece.s of the po j ntments sna |i b € submitted to the S< nate at their next session, for their advice and consent. a * j r ^ v t. 5. It shall be lawful for the Pre- sident of the United States, in th< uavy% of the Senate, to appoint all or any of the officers of the navy authorized bv exist- ing laws; which appointments shall be submitted to the Senate at their next ses- sion, for their advice and consent. [Approved, 16 April, 1811. An ACT to fix the Peace Establishment of the Ma- rine Corps. [Vol. 6, page 219.] Art. 15 1. Sect. 1. Bt it enacU I the Number of of- P* t of the marine corps rices, rausi- shall consist of the follow illg offlCj !>. liOii- ,ud commissioned offi pnvttes. privates, viz : one lieutenant i mandant, nine captains twenty four In one adjutant and inspect &c - fr 90 GOVERNMENT OF THE NA W, An ACT for the better government of the Navy of the United States. ["Vol.3, page 351.] Art. 157. Sect. 1. Be it enacted, fyc. That, from and after the first day of June next, the following rules and regulations he adopt- ed and put in force, for the government of the Navy of the United States. Art, 158. Art. 1. The commanders of all ships Exemplary and vessels of war, belonging to the Navy, conduct in- are strictly enjoined and required to show, cumbent on j n themselves, a good example of virtue, commanders. . . . ' . ° , l . .. honour, patriotism, and subordination ; and be vigilant in inspecting the conduct of all such as are placed under their com- mand, 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. 159. Art. 2. The commanders of all ships Divine service and vessels in the navy, having chaplains and preaching. 0f) board, shall take care that divine ser- vice 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 per- formance of the worship of Almighty God. GOVERNMENT OF THE NAVY* 91 Art. 3. Any officer, o r otbpr person Art. 160. in the navy, who shall be guilty of op- punishment pression, cruelty, fraud, profane swear- foi scandalous ing, drunkenness, or any other scandalous conduct > &c - conduct, tending to the destruction of good morals, shall, if an officer, be cash- iered, or surfer such other punishment as a court martial eharl adjudge; if a pri- vate, shall be put in irons, or flogged, at the discretion of the captain, not exceed- ing twelve lashes : but if the offence re- quire severer punishment, he shall be tri- ed by a court martial, and suffer such punishment as said court shall inflict. 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 witb respect shall not use his utmost exertions to bring ^^ and his ship to battle, or shall fail to encour- age, in his own person, his inferior offi- cers and men to tight courageously, such offender shall suffer death, or such other punishment as a court martial shall ad- judge ; 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 ad- judge ; and if any person in the navy shall treacherously yield, or pusillani- mously cry for quarters, he shall suffer death, on conviction thereof by a gener- al court martial. Art. 5. Every officer or private who Art, 16& 92 GOVERNMENT OF THE NAVY. Non obser- vance of or- ders, &c. Art. 163. Cowardice, &c. Art. 164. Papers to be transmitted re- specting cap- tures. 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, bat- tle ; 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 offend- ing shall, on conviction thereof by a gen- eral court martial, suffer death, or such other punishment as the said court shall adjudge. Art. 6. Every officer or private who shall, through cowardice, negligence, or disaffection, in time of action, withdraw from, or keep out of, battle, or shall not do his utmost to take or destroy every vessel which it is his duty to encounter, or shall not do his utmost endeavour to af- ford relief to ships belonging to the Unit- ed States, every such offender shall, on conviction thereof by a general court martial, suffer death, or such other punish- ment as the said court shall adjudge. Art. 7. The commanding officer of ever) ship or vessel in the navy, who shall capture or seize upon any vessel, as a prize, shall carefully preserve all the pa- pers and writings found on board, and transmit the whole of the originals, un- mutilated, to the judge of the district to which such prize is ordered to proc< and shall transmit to the navy depart GOVERNMENT OF THE NAVY. 93' merit, and to the agent appointed to pay the prize money, complete lisN of the officers and men entitled to a share of the capture, inserting therein the quality of every person rating, on pain of for- feiting his whole share of the prize mo- ne) resulting from such capture, and suf- fering such fun her punishment a^ a court martial shall adjudge. Art. 8. No person in the navy shall \ ^ 1^5 take out of a prize, or vessel seized as prize, any money, plate, goods, or any p?,^}^ part of her rigging, unless it be for the ipriate* " better preservation thereof, or abso- lutely necessary for the use of any of the vessels of the United States before the same shall be adjudged lawful prize by a competent court ; but the whole, with- out fraud, concealment, or embezzle- ment, shall be brought in. and judgment passed thereon, upon pain that every per- son offending herein shall forfeit his share of the capture, and sutler such further punishment as a court martial, 01 the court of admiralty, in which the prize is adjudged, shall impose. Art. 9 No person in the navy shall . , ' „ 4 • r .1 • ! 1 n Art. 166. Btnp ol thgir clothes, or pillage, or in any ma mer taken on board P ena Uy f °r 1 • 1 t pillaging cnn- ui pain 01 such punishment as a | ured 7 rsoi f So court m ill adjudge* . r. 10. No person in the navy shall Art. 67. give, >r entertain, any intercourse ™ tercourse or intelligence to or with an enemy or w,t , h e " pm,es o J and rebels. t)4 GOVERNMENT OF THE NAVY. rebel, without leave from the President of (he United State?, the Secretary of the Navy, the Commander in chief of the fleet, or the Commander of a squadron ; or in case of a vessel acting singly, from his commanding officer, on pain of death, or such other punishment as a court mar- tial shall adjudge. Art. 168. Art. 11. If any letter or message Letters or mes- from an enemy or rebel be conveyed to sages from an an j officer or private of the navy, and he to^d^cios- 1 sna ^ not ' w ^ tmn twelve hours, make the ed, &c. same known, haying opportunity so to do, to his superior or commanding officer; or if any officer commanding a ship or vessel, being acquainted therewith, shall not, with all convenient speed, reveal the same to the commander in chief of the fleet, commander of a squadron, or other proper officer whose duty it may be to take cognizance thereof, every such of- fender shall suffer death, or such other punishment as a court martial shall ad- judge. Art. 169. Art. 12. Spies, and all persons who ,. . , f shall come or be found in the capacity Punishment of . . ' J spies, &c. of spies, or who shall bring or deliver any seducing letter or message from an enemy or rebel, or endeavour to corrupt any person in the navy to betray his trust shall suffer death, or such other punish- * . . ~ orient as a court martial shall adjudge Mutiny and' ArT ' ] *• lf a,i y P erson in t,U ' " l,av >' sedition. shall make, or attempt to make, ayiy mn- GOVERNMENT OF THE NAVV. 95 tinous assembly, he shall, on conviction thereof by a court martial, suffer death ; and if any person as aforesaid, shall utter any seditious or mutinous words, or shall conceal or connive at any mutinous or seditious practices, or shall treat with contempt his superior, being in the exe- cution of his office ; or being witness to any mutiny or sedition, shall not do his utmost to suppress it, he shall be punish- ed at the discretion of a court martial. Art. 14. No officer or private in the Art. 171. navy shall disobey the lawful orders of n - , A . . J . ra -ii- Disobedience his superior omcer, or strike him, or draw, of orders, and or offer to draw, or raise any weapon assault of a against him, while in the execution of su P enor offi - the duties of his office, on pain of death, or such other punishment as a court mar- tial shall inflict. * Art. 15. No person in the navy shall Art. 172. quarrel with any other person in the navy, ~ 1 . -. r , P . / 7 Quarrelling. nor use provoking or reproachful words, gestures, or menaces, on pain of such punishment as a court martial shall ad- judge. Art. 16. If any person in the navy Art. 173. shall desert to an enemy or rebel, he Desertion to Shall Suffer death. an enemy. Art. 17. If any person in the navy Art. 174. shall desert, or shall entice others to de- r) eS erti sert, he shall suffer death, or such other neraliy. » ^' punishment as a court martial shall ad- judge ; and if any officer or other person belonging to the navy, shall receive or 96 GOVERJSMEN I OF T«] entertain any deserter from any other vessel of the navy, knowing him to be such, and shall not, with all coir spe*ed, give notice of suchdesertei commander of the vessel to whi< h he belongs, or to the commander in chi< f, or to the commander of the squadron, he shall, on conviction thereof, be cashier* ed, or be punished at the discretion of a Offences com- court martial. Ail offences committed ir.itted on by persons belonging to the navy while on shore, shall be punished in the same r as if they had been committed at sea. art. IS. If any person in the navy Art. 175. shall knowingly make or sign, or shall False musters, Hid. abet, direct, or procure, the mat and frauds, or signing of any false muster, or shall against the execute, or attempt, or counti . any United States. r . , . , ,r fraud against t\u< United States, w shall, on conviction, be cashiered, and rend< r- ed forever incapabn of an} I em- ployment in tin service of the States, and shall forfeit all the j subsistence due him, and suifi i such other punishment as a court martial shall inflict Art. 176. Art. 19. If any officer or other per- son in the nav> shall, through ii I Impmpei na- vigation of »" - or an ) other fault, si vessel^ vessel of the navy to be s U}>: shall suilei such punishment ourt martial shall adjud GOVERNMENT OF THE NAVY. 97 Art. 20. If any person in the navy Art. 177. shall sleep upon his watch, or negligent- Negligence in ly perform the duty assigned him, or the perfor- 4 - leave his station before regularly reliev- manceof duty " ed, he shall suffer death, or such punish- ment as a court martial shall adjudge ; or if the offender be a private, he may, at the discretion of the captain, be put in irons, or flogged not exceeding twelve lashes. Art. 21. The crime of murder, when Art. 178. committed by any officer, seaman, or ma- Murder rine, belonging to any public ship or ves- sel of the United States, without the ter- ritorial jurisdiction of the same, may be punished with death by the sentence of a court martial. Art. 22. The officers and privates of Art. 179. every ship or vessel, appointed as con- Duties in rela . voy to merchant or other vessels, shall tkm to convoy, diligently and faithfully discharge the du- ties of their appointment, nor shall they demand or exact any compensation for their services, nor maltreat officers or crews of such merchant or other vessels, on pain of making such reparation as a court of admiralty may award, and of suf- fering such further punishment as a court martial shall adjudge. Art. 23. If any commander, or other Art. 180. officer, shall receive, or permit to be re- „ ,. , , li-i i Penalty on re- ceived, on board his vessel, any goods or qciving mer- merchandise other than for the sole use cbandise on of his vessel, except cold, silver, or iety- boaT( *' 9- 9a GOVERNMENT OF THE NAVY, els, and except the goods or merchandise of vessels which may be in distress, or shipwrecked, or in imminent danger of being shipwrecked, in order to preserve them for their owner, without orders from the President of the United States or the Navy Department, he shall, on conviction thereof, be cashiered, and be incapaci- tated forever afterwards for any place or office in the navy. Art. 181. Art. 24. If any person in the navy Waste embez- s ^ a ^ wa ste, embezzle, or fraudulently ziemem, &c. buy, sell, or receive, any ammunition, of public pro- provisions, or other public stores; or if petty. anv officer, or other person, shall know- ingly permit, through design, negligence, or inattention, any such waste, embezzle- ment, sale, or receipt, every such person shall forfeit all the pay and subsistence then due him, and suffer such further punishment as a court martial shall di- Art. 182. reC A t# OK Tr . ,, Art. 25. If any person in the navy B r ° o rn j r n t ? pt ^ ic shall unlawfully set tire to or burn any kind of public property, not then in the possession of an enemy, pirate, or rebel, he shall suffer death: and if any persi shall, in any other manner, <1< j such property, or shall not use his best exer- tions to prevent the destruction there by others, he shall be punished at the dis- cretion of a court martial. Art. 183. Art. 26. Any theft not exceedii tv d may be punished at the GOVERNMENT OF THE NAVY. 99 tion of the captain, and above that sum, as a court martial shall direct. Art. 27. If any person in the navy ^ r ^ jo^j shall, when on shore, plunder, abuse, or _ ,/ . v i» 4 *, • • t • Offences maltreat, any inhabitant, or injure his pro- a „ a inst peo . perty in any way, he shall suffer such pie on shore, punishment as a court martial shall ad- judge. Art. 28. Every person in the navy Art. x$5. shall use his utmost exertions to detect, ^ . . . , . . . ' Detection ami apprehend, and bring to punishment, all apprehension offenders, and shall, at all times, aid and of offenders. assist all persons appointed for this pur- pose, on pain of such punishment as a court martial shall adjudge. Art. 29. Each commanding officer ^ r ^ j^ shall, whenever a seaman enters on board, cause an accurate entry to be made in ^Ihlp's" 8 the ship's books, of his name, time and books. term of his service ; and, before sailing, transmit to the Secretary of the Navy, a complete list or muster roll of the officers and men under his command, with the date of their entering, time and terms of their service, annexed ; and shall cause similar lists to be made out on the first day of every second month, to be trans- mitted to the Secretary of the Navy, as opportunities shall occur; accounting in such lists or muster rolls, for any casual- ties which may have taken place since the last list or muster roll. He shall cause to be accurately minuted on the ship's books, the names of, and times at J 00 GOVEHifMENT OF THE NAVY. which, any death or desertion may occur ;- and in case of death shall take care that the parser secure all the property of the deceased for the benefit of his Wal re- Inspection of presentative or representatives. He shall provisions. cause frequent inspections to be made into the condition of the provisions, and use every precaution for its preservation. Officers and He shall, whenever he orders officers and men detached men to take charge of a prize, and pro- fiTef^Sh!? ceed t0 the United States, and whenever ed with cei- officers or men are sent from his ship, for tain gate- whatever cause, take care that each man meats. ^ e f urn i sne( j ^vith a complete statement of his account, specifying the date of his enlistment, and the period and terms of his service ; which account shall be sign- ed by the commanding officer and purser. Rules to be He shall cause the rules for the govern- mingupand ment of the navy to be hung up in some public part of the ship, and read once a Treatment of month to his ship's company. He shall ;ck * cause a convenient place to be set apart for sick or disabled men, to which he shall have them removed, with their ham- mocks and bedding, when the surgeon shall so advise, and shall direct that some of the crew attend them and keep the place clean ; and if necessary, shall di- rect that cradles and buckets with covers I'uyin- off. be made for their use: And when his crew is finally paid off he shall attend in person, or appoint a proper officer, to b< that justice be done to the men, and GOVERNMENT OF THE NAVY. 101 the United States, in the settlement of the accounts. Any commanding officer offending herein shall be punished at the discretion of a court martial. Art. 30. No commanding officer shall, Art. 187. of his own authority, discharge a commis- ,,.„.. , , •' \. ° . .. Ireatment of sioned or warrant otiicer, nor strike nor inferior offi- punish him otherwise than by suspension, cers and men. or confinement, nor shall he, of his own authority, inflict a punishment on any private beyond twelve lashes with a cat- of-nine-tails, nor shall he suffer any wired or other than a plain cat-of nine-tails to be used on board of his ship ; nor shall any officer who may command by acci- dent, or in the absence of the command- ing officer, (except such commander be absent for a time by leave,) order or in- ilict any other punishment than confine- ment, for which he shall account on the return of such absent commanding offi- cer. Nor shall any commanding officer p e tty officers receive on board any petty officers or men or men turned turned over from any other vessel to him, ove -*' &c * to i i r i n* i produce an ac- unless each of such officers and men pro count, duce to him an account, signed by the captain and purser of the vessel from which they came, specifying the date of such officer's or man's entry, the period and terms of service, the sums paid and the balance due him, and the quality on which he was rated on board such ship. Nor shall any commanding officer, having received any petty officer or man as afore- 9* 102 GOVERNMENT OF THE NAVY. Petty officers and men turn- ed over, not to be rated lower. Art. 188. Master-at- arms. Art. 189. Crimes not specified. Art. 190. Who are petty officers. Art. 191. Assignment of wages and prize money. said, rate him in a lower or worse station than that in which he formerly served : any commanding officer offending herein, shall be punished at the discretion of a court martial. Art. 31. Any master at arms, or other person of whom the duty of master at arms is required, who shall refuse to re- ceive such prisoners as shall be commit- ted to Discharge, orhavingreceived them, shall suffer them to escape, or dismiss them without orders from proper authori- ty, shall suffer in such prisoners stead, to be punished otherwise at the discretion of a court martial. Art. 32. All crimes committed by persons belonging to the navy, which are not specified in the foregoing articles, shall be punished according to the laws and customs in such cases at sea. Art. 33. All officers not holding com- missions or warrants, or who are not en- titled to them, except such as are tempo- rarily appointed to the duties of a com- missioned or warrant officer, are deemed petty officers. Art. 34. Any person entitled to wages or prize money, may have the same paid to his assignee, provided the assignment bo attested by the captain and pur- r and in case of the assignment of yrag< the power shall specify the precise time they commence. But the commander of every vessel is required to discourage his GOVERNMENT OF THE NAVVT. 103 crew from selling any part of their wages or prize money, and never to attest any power of attorney, until he is satisfied that the same is not granted in considera- tion of money given for the purchase of wages or prize money. NAVAL GENERAL COURTS MARTIAL. Art. 35. General courts martial may Art. 192. be convened as often as the President of Appointment the United States, the Secretary of the of narai gene- Navy, or the Commander in-chief of the ral courts mat- fleet, or Commander of ajquadroo, while acting out of the United States, shall deem it necessary : Provided^ That no Proriso. general court martial shall consist of more than thirteen, nor less than five, members ; and as many officers shall be summoned on every such court as can be convened without injury to the service, so as not to exceed thirteen ; and the se- nior officer shall always preside, the others ranking agreeably to the date of their commissions; asd in no case, where it can be avoided without injury to the ser- vice, shall more than one half the mem- bers, exclusive of the president, be ju- nior to the officer to be tried. Art. 36. Each member of the court, A r t, 193. before proceeding to trial, shall take the following oath, or affirmation, which the judge advocate, or person officiating as such, is hereby authorized to administer: " 1, A B, do swear, or affirm, that I will Oath of mem- 104 GOVERNMENT OF THE NAVV. bers of general truly try, without prejudice or partiality, courts martial. the cage now depending, according to the evidence which shall come before the court, the rules for the government of the navy, and my own conscience ; and that I will not by any means divulge or disclose the sentence of the court until it shall have been approved by the proper au- thority ; nor will I at any time divulge or disclose the vote or opinion of any par- ticular member of the court, unless re- quired so to do before a court of justice in due course of law," Art. 194. Art. 37. All testimony given to a ge- Givmg of tes- neral court martial, shall be on oath or timony. affirmation, which the president of the. court is hereby authorized to administer ; and if any person shall refuse to give his evidence as aforesaid, or shall prevari- cate, or shall behave with contempt to the court, it shall and may be lawful for the court to imprison such offender at their discretion ; provided that the imprison- ment in no case shall exceed two months ; and every person who shall com- mit wilful perjury on examination on oath or affirmation before such court, or who shall corruptly procure or suborn any person to commit such wilful perjury, shall and may be prosecuted by indict- ment or information, in any court of jus- tice of the United States, and shall suf- fer such penalties as are authorized hv the laws of the United States in cases of GOVERNMENT OF THE NAVV. 105, perjury or the subornation thereof. And in every prosecution for perjury or the subornation thereof, under this act, it shall be sufficient to set forth the offence charged on the defendant, without setting forth the authority by which the court was held, or the particular matters brought or intended to be brought before the said court. Art. 38. All charges, on which an ap- Art. 195. plication for a general court martial is Exhibition of founded, shall be exhibited in writing to charges. the proper officer, and the person demand- ing the court shall take care that the per- son accused be furnished with a true copy of the charges, with the specifications, at the time he is put under arrest ; nor shall any other charge or charges, than those so exhibited, be urged against the person to be tried before the court, unless it ap- pear to the court that intelligence of such charge had not reached the person de- manding the court, when the person so to be tried was put under arrest, or that some witness material to the support of such charge, who was at that time absent, can be produced ; in which case, reason- able time shall be given to the person to be tried to make his defence against such new charge. Every officer so arrested is Treatment of to deliver up his sword to his command- ^ rrested oR ing officer, and to confine himself to the limits assigned him, under pain of dis- mission from service. 106 GOVERNMENT 0F THE NA> Art. 19G. Art. 39. When the proceedings of any Continuance general court martial shall have com- of general menced, they shall not be suspended or courts martial, delayed on account of the absence of any of the members, provided five or more be assembled ; but the court is enjoined to sit from day to day, Sundays excepted, until sentence be given : and no member of said court shall, after the proceedings are begun, absent himself therefrom, un- less in case of sickness, or orders to go on duty from a superior officer, on pain of being cashiered. a * jo 7 Art « 40 - Whenever a court martial r * * shall sentence any officer to be suspend- Order of sus- ec | ? the court shall have power to suspend pension. j^g p av an( j emoluments, for the whole or any part of the time of his suspension. Art 198. Art. 41. All sentences of courts mar- »,.'"'* tial which shall extend to the loss of life, How sentences , ,, ., c . 7 are to be given sna " require the concurrence of two- and confirmed, thirds of the members present; and no such sentence shall be carried into exe- cution, until confirmed by the President of the United States ; or if the trial take place out of the United States, un- til it be confirmed by the commander of the fleet or squadron. All other senten- ces may be determined by a majority of votes, and carried into execution on con- firmation of the commander of the fle< or officer ordering the court, except such as go to the dismission of a commissioned or warrant officer, which are first to be GOVERNMENT OF THE NAV*. 107 approved of by the President of the Uni- ted States. A court martial shall not, for any one Not more than offence not capital, inflict a punishment 100lashes - beyond one hundred lashes. Art. 42. The President of the United Art. 199, States, or, when the trial takes place out of the United States, the commander of Pardon and the fleet or squadron, shall possess full miti §f l0n ° f * /y> -i punishments. power to pardon any oilence committed against these articles, after conviction, or to mitigate the punishment decreed by a court martial. Sect. 2. Art. 1. And belt further en- Art, 200. acted, That courts of inquiry may be or- dered by the President of the United ^" rt8 m ° a f ^ States, the Secretary of the Navy, or the ordered^ Commander of a fleet or squadron, pro- vided such court shall not consist of more than three members, who shall be com- missioned officers, and a judge advocate or person to do duty as such; and such courts shall have power to summon wit- nesses, administer oaths, and punish con- tempt, in the same manner as courts mar- tial. But such court shall merely state facts, and not give their opinion, unless expressly required so to do in the order for convening ; and the party, whose con- duct shall be the subject of inquiry, shall have permission to cross-examine all the witnesses. •Art. 2. The proceedings of courts of ^ r f- # £01 . inquiry shall be authenticated by the sig« Proceedings, 108 GOVERNMENT OF THE NAVY. bow authenti- cated. Art. 202. Oaths of the members and judge advo- cate. Art. 203. In case of the loss of the ves- sel, the com- mand of the officers shall remain in force* nature of the president of the court ami judge advocate, and shall, in all cases not capital, or extending to the dismission of a commissioned or warrant officer, he evi- dence before a court martial, provided oral testimony cannot be obtained. Art. 3. The judge advocate, or per- son officiating as such, shall administer to the members the following oath or affir- mation : " You do swear, or affirm, well and truly to examine and inquire, according to the evidence, into the matter now before you, without partiality or prejudice." After which the president shall admin- ister to the judge advocate, or person officiating as such, the following oath or affirmation : " You do swear, or affirm, truly to re- cord the proceedings of tins court, and the evidence to be given in the case in hearing." Sect. 3. And be it further enacted, That in all cases where the crews of the ships or vessels of the United States shall be separated from their vessels, by the latter being wrecked, lost, or destroyed, all the command, power, and authority, given to the officers of such ships or ves- sels, shall remain and be in full force as effectually as if such ship or vessel wen not so wrecked, lost, or destroyed, until such ship's company be regularly dis- charged from or ordered again into the GOVERNMENT OF THE NAVY. 10$ service, or until a court martial shall be held to inquire into the loss of such ship or vessel ; and if, by the sentence of such court, or other satisfactory evidence, it shall appear that all or any of the offi- cers and men of such ship's company did their utmost to preserve her, and after the loss thereof behaved themselves agreeably to the discipline of the navy, then the pay and emoluments of such officers and men, or such of them as shall have done their duty as aforesaid, shall go on until their discharge or death 5 and every officer or private who shall, after the loss of such vessel, act contrary to t^e discipline of the navy, shall be pun- ished at the discretion of a court martial, in the same manner as if such vessel had not been so lost. Sect. 4. And be it further enacted, Art. 204. That all pay and emoluments of such p f _ officers and men, of any of the ships ortives to cmf- vessels of the United States, taken by an tinue. enemy, who shall appear, by the sentence of a court martial, or otherwise, to have done their utmost to preserve and defend their ship or vessel, and, after the taking thereof, have behaved themselves obedi- ently to their superiors, agreeably to the discipline of the navy, shall go on and be paid them, until their death, exchange, or discharge. Sect. 5. And be it further enacted, Art. 205- That the proceeds of all ships and ves- To whom the 10 110 GOVERNMENT OF THE NAVY. proceeds of prizes shall accrue. Art. 206. Distribution of prize mo- ney. sels, and the goods taken on board of them, which shall be adjudged good prize, shall, when of equal or superior force to the vessel or vessels making the cap- ture, be the sole property of the captors, and when of inferior force shall be divi- ded equally between the United States and the officers and men making the cap- ture. Sect. 6. And be it enacted, That the prize money belonging to the officers and men, shall be distributed in the following manner : 1. To the commanding officers of fleets, squadrons, or single ships, three twenti- eths, of which the commanding officer^of the fleet or squadron shall have one-twen- tieth, if the prize be taken by a ship or vessel acting under his command, and the commander of single ships two-twenti- eths ; but where the prize is taken by a ship acting independently of such superi- or officer, the three-twentieths shall be- long to her commander. 2. To sea lieutenants, captains of ma- rines, and sailing masters, two-twentieths ; but where there is a captain, without a lieutenant of marines, these officers shall be entitled to two-twentieths, and one third of a twentieth, which third, in such case, shall be deducted from the share of the officers mentioned in article No. 3. of this section. I. To chaplains, lieutenants of n GOVERNMENT OF THE NAVY. Ill lines, surgeons, pursers, boatswains, gun- ners, carpenters, and masters' mates, two* twentieths. 4. To midshipmen, surgeons' mates, captains' clerks, school-masters, boat- swains'-mates, gunners' mates, carpenters' mates, ships' stewards, sailmakers, mas- ters at arms, armorers, cockswains, and coopers, three-twentieths and a half. 5. To gunners' yeomen, boatswains' yeomen, quartermasters, quarter gunners, sailmakers' mates, sergeants and corpo- rals of marines, drummers, fifers, and ex- tra petty officers, two-twentieths and a half. 6. To seamen, ordinary seamen, ma- rines, and all other persons doing duty on board, seven-twentieths. 7. 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. No commander of a fleet or squadron shall be entitled to receive any share of prizes taken by vessels not under his im- mediate command ; nor of such prizes as may have been taken by ships or ves- sels intended to be placed under his com- mand, before they have acted under his . immediate orders ; nor shall a comman- der of a fleet or squadron, leaving the 112 GOVERNMENT OF THE NAVY. station where he had the command, hav< any share in the prizes taken by eh left on such station, after he has gone out of the limits of his said command. Art. 207. Sect. 7. And be it farther enacted. Bounty given That a bounty shall be paid by the Uni- ia certain ted States, of twenty dollars, for each c*#s»-. person on board any ship of an enemy, at the commencement of an engagement, which shall be sunk or destroyed by any ship or ressel 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. [Approved, 23 April, 1800. N. B. The remaining sections of this act will b* fairnd imder the head of " navy pensions." 113 PENSIONS, I. NAVf PENSIONS. II. PRIVATEER TENSIONS. I. NAVY PENSIONS. [Vol. 3, page 361.] {The former fart of this act is comprised under the head of il Government of the Navy. ") Sect. 8. And be it enacted, That eve- Art. 208. ry officer, seaman, or marine, disabled in p . the line ol his duty, shall be entitled to persons disa- receive, for life, or during his disability, bled intheser- a pension from the United States, accord- vice * ing to the nature and degree of his disa- bility, not exceeding one half his month- ly pay. Sect. 9. And be it enacted, That all Art. 209. money accruing, or which has already Navalpension accrued, to the United States, from the fund—how sale of prizes, shall be and remain forev- constituted- er a fund for the payment of pensions and half pay, 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 10* 114 NAVY PENSION disabled officers, seamen, and marines, and for such as, though not disabled, may merit, by their bravery, or long and faith- ful services, the gratitude of their coun- try. Art. 2i0. Sect. 10. And be it further enacted, To be under That the said fund shall be under the the manage- management and direction of the Secre- mentoftheSe- tary f tne N avVi the Secretary of the jJaA? le8 Trea- Treasury, and the Secretary of War, for sury,and War, the time being, who are hereby authoriz- Departments. ec | ( receive any sums to which the Uni- ted 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 commission- ers 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. [Approved, iiJlpril, 1800. An ACT in relation to the navy pension fund. [Vol. 3, page 615.] Art 211. Sect. t. Be it enacted, t^c. That all the money accruing, or which has already uZLv™** cc ™ e *> tothe United States > fron > the to be paid to capture of prizes authorized by law, and the Treasurer w hi c h has not already been paid to the |to£. Un ' ll8d Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War NAVY PENSIONS. 1 15 commissioners of the navy pension fund, shall be paid to the Treasurer of the Uni- ted States. Sect. 9. It shall be the duty of" the Art, 212. Treasurer of the United States to receive ~ tn . ,. , How to be dii- all (he money so accruing, and to disburse bursed. the same pursuant to warrants from the Secretary of the Navy, countersigned by the accountant of the navy ; and a dis- tinct quarterly account of the moneys thus received and disbursed shall be ren- dered by the said treasurer to the ac- counting officers of the treasury, in the same manner as is provided for other pub- lic moneys received by him. Sect. 3. It shall be the duty of the Art. 213. accountant of the navy to receive and . ... ,, . . J . . . . Accountant of settle all accounts whatever, in relation the Navy to to the navy pension fund, an.d report, from settle all navy time to time, all such settlements as shall P Pnsion ac - hav'e been made by him, for the inspec- counts ' c * tion and revision of the accounting offi- cers of the treasury, in the same man- ner as in other cases of public accounts. S::ct. i. The Comptroller of the Trea- Art. 214. sury shall be fully authorized and empow- Co tr ]ler cred to direct suits for the recovery of authorized to any sums now due, or which may hereaf- institute suits ter be due, to the United States, for pri- for P rize m0 " zes as aforesaid, and to prosecute the same ney * in the name of the United States, in the same manner as in other cases for the re- covery of moneys* due to the United States, 116 NAVY PENSIONS. Art. 215. Sect. 5. The commissioners of the Commissioners navy pension fund shall be, and they are of the navy hereby, authorized to appoint a secretary, pennon fund w ^ gna jj p er f orr n all such duties in rela- »cre?ary. in * l' on *° * ne fund, as they shall require of him ; and shall receive for his services, a salary not exceeding two hundred and fifty dollars per annum, to be paid quarter yearly at the Treasury of the United States, and charged to the same fund. Art. 216. Sect. 6. The commissioners of the Commission- navy pension fund shall be, and they are ers to make hereby, authorized and directed to make rules, &c. for sucn regulations, as may to them appear the artnussjon t , r ,1 i • • r of pensioners, expedient, for the admission o.r persons on the roll of nav} r pensioners, and for the payment of the pensions. [Approved, 26 March, 1804. [An additional act, of 16th April, 1816.] See post. An ACT providing navy pensions in certain cases. [Vol. 4, page 486.] Art. 217. ^ e *' enacte ^ & c ' That if any officer of the navy or marines shall be killed, or Widows, &c d j e R reason f a wound received in (he ef omcers ot * r , , , . the navy or hue ot his duty, leaving a widow, or, it marines, enti- no widow, a child or children, under six- tied to half teen y ears of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for and during the term of five NAVY PENSIONS. 11? years : but in case of the death or inter* marriage of such widow, before the ex- piration of the said term of five years, the half pay for the remainder shall go to the child or children of the said deceas- ed officer : Provided, That such half pay Proviso? shall cease on the death of such child or children : and the money required for this purpose shall be paid out of the navy- pension fund, under the direction of the commissioners of that fund. [Approved, 20 January, 1 8 1 3« An ACT giving pensions to the orphans and widows of persons slain in the public or private armed ves- sels of the United States. [Vol. 4, page 652.] Sect. 2. If any seaman or marine , , ^.^ belonging to the navy of the United States shall die, or if any officer, sea- Widows &c. , , . J . ., ' of officers, sea- man, or marine, belonging to the navy men and ma- of the United States, shall have died rines, entitled r^ince the 18th day of June, in the year t0 half P a X- of our Lord 1812, by reason of a wound received in the line of his duty, leaving a widow, or, if no widow, a child or chil- dren under sixteen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for the term of five years ; but in the case of the death or intermarriage of such widow 118 NAVY PENSIONS. before the expiration of the said term of five years, the half pay for the remainder of the term shall go to the child or chil- dren of the deceased : Provided. That such half pay shall cease on the death of such child or children. And the money required for this purpose shall be paid out of the navy pension fund under the direc- tion of the commissioners of that fund. [Approved, 4 March, 1814. Purcvisc. An ACT granting pensions to the officers and seamen serving on board the revenue cutters, in certain cases. [Vol. 4, page 690.] Art. 219. Be it enacted, &c. That the officers Officers and a na * seamen of the revenue cutters of the seamen of the United States, who have been or may be revenue cut- WO unded or disabled in the discharge of &c?to 8 be bled,their duty whilst co-operating with the placed on the navy, by order of the President of the pension list. United States, shall be entitled to be placed on the navy pension list, at the same rate of pension, and under the same regulations and restrictions, as are now provided by law for the officers and sea- men of the navy. [Approved, 18 April, 1814. An ACT in addition to an act, entitled u An act in relation to the Navy Pension Fund." [Vol. 6, page 64.] Art. 220. Sect. 1. Be it enacted, th ne * to perform and obey any of the requisi- fj^Vlbey tions of this act, the party so refusing or the requisi- neglecting shall further forfeit and pay to tions of this the United States the sum of five riun- ^'/^[f 8 dred dollars for every such refusal or ne g | ct . Art. 224. Sect. 5. That there shall be allowed The *TT' 14 * \i~ tct tv ant of the Na- to the Accountant ot the JNavy Depart- vy Depart- ment, for his extra services in collecting, ment allowed stating, and settling, the accounts of prize 30 ° do118 - P er njoney belonging to the navy pension ™v\£s\?£* fund, the annual sum of three hundred tiing account* 11 122 NAVY PENSIONS. of prize money dollars, to be paid quarterly yearly, out of the Navy of the pension fund. Pension Fund. c J r \ oect. 6. 1 hat wherever sales of pn- Tvi r h f zes ca P ture( ^ as aforesaid, have been account for made before the passing of this act, and sales of prizes the proceeds thereof have not been paid prior to this into the registry of the proper court, or monger'" fina,, - v distributed under its order, it shall sooner if di- be the duty of the marshal who made rected by the the sale, within six calendar months from court, &c. tne p ass i n g of this act, or such shorter reasonable time as may be assigned by the court, or the judge or judges thereof, to pay into the registry of the court the proceeds of such sale, with a written ac- count of the costs and charges attending the same, and to submit the same account for examination and allowance to the court, or the judge or judges thereof; and Clerks to pre- m \fa e ma nner it shall be the duty of the counts 6 of a fees res pective clerks of the district courts, and charges within six calendar months from the pas- withinsix g j n g f this act, or such shorter reasona- months, or b j ^ m be ass jg nec | \>y tne pro . sooner if re- ' . . G . . J " quired by the per court, or the judge or judges thereof, court, &q. to present to such court, or the judge or judges thereof, tor examination and allow- ance, a particular account of their fees and charges, in all cases of prizes captur- ed as aforesaid, where such account has not been already presented and allowed ; Aft a ounts and a ^ er sucn accoun * shall be examin- havebeenai- ed and allowed, it shall be filed among tfowed they are the records of the court, and a copy there- NAVY PENSIONS. 126 ©f, duly attested, shall be transmitted by t0 be fiIpd * and the clerk of the court to the Secretary ^SecTtlry of the Navy ; and if any marshal or clerk of the Navy. shall neglect or refuse to perform the du If the marshal ties herein required, he may be proceed- °f cle,k n *' elect oi refuse ed against in the proper court, in the f hey ma be ' manner provided in the fourth section of proceeded this act. against. Sect. 7. That in cases where the al- ^ 2 96 lowance of the half monthly pay, which may now be granted by law, to officers, in cases where seamen, and marines, disabled in the ser thehalf month- vice of the United States, shall, in the Zf^m^] opinion of the Co rnrmssi oners of the and marines,' Navy Pension Fund, from the nature and is not sufficient extent of the disability, and the situa %£*££ tion of the party disabled, be inadequate be increased, y to bis necessary subsistence, the said Dut not to ex- Commissioners shall be, and hereby are, ceedfull P a r* authorized, in their discretion, to increase such allowance, to any sum not exceed- ing the full amount of the monthly pay to which the party so disabled was by law entitled in the said service. [Approved, 16 April , 1816. An ACT to amend and explain an " act giving Pen- sions to the Orphans and Widows of Persons slain in the public or private armed Vessels of the Uni- ted States." [Vol. 6, page 212.] Be it enacted, earS ' ha,f W t0 t,le Wi " widows, &c. dows and children of officers, seamen, of officers, &c. and marines, who were killed in battle, or who died m wno ( jj e( j j n t ^ e nava j S€rv ice of the Uni- vice extended. tec * States, during the late war ; and, also, in all cases where provision has been made for extending the term for five years, in addition to the first term of five years, the said provision shall be further extended for an additional term of i\ve years, to commence at the end of the second term of five years, in each < respectively, making the provision equal to fifteen "years' half pay ; which shall be paid but of the fuud heretofore provided PRIVATEER PENSIONS. 127 by law : and the said pensions shall cease, for the causes mentioned in the laws pro- viding the same, respectively. Sect. 2. That, from and after the pas- Art. 231. sing of this act, the act, entitled u An act Act of 3d to amend and explain an act giving pen- March, 1817, sions to the orphans and widows of per* repealed, sons slain in the public or private armed vessels of the United States," passed March the third, one thousand eight hun- dred and seventeen, be, and the same is hereby, repealed: Provided, however, Proviso,. That nothing in this act contained shall be construed to prevent the payment of any pension already granted, until the full expiration of the period thereof; nor to affect or impair the rights of any per- son or persons which may have accrued during the existence of the act hereby repealed, as aforesaid. [Approved, 22 January, 1824. II. PRIVATEER PENSIONS. An ACT concerning letters of marque, prizes, and* prize goods. [Vol. 4, page 453.] Sect. 17. That two per centum on Art. 232. the nett amount (after deducting all ^ i j r, x r it b • Two per cent. charges and expenditures) of the prize n the nett a- money arising from captured vessels and mount of prize cargoes, and on the nett amount of the monev > & o» t0 i c c i j be secured and salvage ot vessels and cargoes recaptur- paid over t0 ed by the private armed vessels of the the collector, 128 PRIVATEER PENSION § or to the con- United States, shall be secured and paid su ' c * over to the collector, or other chief offi- cer of the customs, at the port or place in the United States at which such cap- tured or recaptured vessels may arrive ; or to the consul, or other public agent of the United States, residing at the port or place, not within the United States, at which such captured or recaptured ves- sels may arrive. And the moneys arising pie moneys ther efrom, shal j be held, and hereby is arising from ' _ J . the 2 per cent, pledged by the government of the Unit- paid over, to ed States, as a fund for the support and be held as a maintenance of the widows and orphans fund for the r . , , . r , . supportofwid- * such persons as may be slain, and tor ows & orphans the support and maintenance of such per- of persons gons as ma y be wounded and disabled on th^mahue-* Doar d of the private armed vessels of the nance of per- United States, in any engagement with sons who may t ne enemy, to be assigned and distributed be^ wounded, - n suc ^ manuer as s | ia |i hereafter by law be provided. [Approved, 26 June, 1812. An ACT regulating pensions to persons on board pri- vate armed ships. [Vol. 4, page 498.] Thc" t- two 33 er SECT# * ' B * ** m(tCted ^ ^ C ' That the tw0 cem. oT°pnze r P er centum reserved in the hands of the money, &c. to collectors and consuls, by the act of June, be paid to the 13J2, entitled u An act concerning letters eo'ns^Uute a° °^ mar( l lie > prizes, and prize goods,* 5 shall fund, &c ' be paid to the Treasury, under the like PRIVATEER PENSIONS. 129 regulations provided for other public mo- ney, and shall constitute a fund for the purposes provided for by the seventeenth section of the beforementioned act. Sect. 2 The Secretary of the Navy Art. 234; shall be authorized and required to place on the pension list, under the like regu Certain p * r ' , . • , / . . & sons to be Jations and restrictions as are used in re placed on the lation to the navy of the United States, pension list, an* officer, seaman, or marine, who, and at whatl en board of any private armed ship or ■!, bearing a commission of letter of •marque, shall have been wounded or oth- erwise disabled in any engagement with the enemy ; allowing to the captain a sum not exceeding twenty dollars per month ; to lieutenants and sailing master, a sum not exceeding twelve dollars each per month ; to marine officer, boatswain, gunner, carpenter, masters mate,, and prizemasters* a sum not exceeding tea dollars each per month ; to all other qffi- cers, a sum not exceeding eight dollars each per month, for the highest rate of disability, and so in proportion ; and to a seaman or acting as a marine, the sum of six dollars per month, for the highest rate of disability, and so in proportion ; which several pensions shall be paid, by direc- tion of the Secretary of the Navy, out of the fund above provided, and from no other. (See post.) Sect. 3. The commanding officer of Art. 235. every vessel having a commission, or Commanding, ISO PRIVATEER PENSIONS. officers to en- letters of marque and reprisal, shall ea- ter the names, t . ^ journal the name and rank of &c. of wound- J P ed persons, in any officer, and the name ot any seaman, a journal. who, during his cruise, shall have been wounded or disabled as aforesaid, de- scribing the manner and extent, as far as practicable, of such wound or disability. Art. 236. Sect. 4. Every collector shall trans- mit quarterly to the Secretary of the Na- transTt" 10 v y> a transcript of such journals as may •ranscriptof have been reported to him, so far as it such journals gives a list of the officers and crew, and I ot of e toeNa" the Ascription of wounds and disabili- ty, ^. 6 a "ties, the better to enable the Secretary to decide on claims for pensions, [Approved, 13 February, 1813. An ACT to amend and explain the act regulating pensions to persons on board private armed ships. [Vol. 4, page 631.] Art. 237. Be it enacted, ire. That the act regu- Constru f ' atin g pensions to persons on board pri- of° a S fonne" vate armed ships, shall be construed to act regulating authorize the Secretary of the Navy to pensions, &c. p] aCe on the pension list, under the re- . strictions and regulations of the said act, any officer, seaman, or marine, belonging to any private armed ship or vessel of the United States, bearing a commission of letter of marque, who shall have been wounded or otherwise disabled in the line of their duty as officers, seamen marines, of such private armed ship or vessel. (See ante.) I [Approved, 2 August, 1813. PRIVATEER PENSIONS. 131 An ACT giving pensions to the orphans and widows of persons slain in the public or private armed ves- sels of the United States. [Vol. 4, page 652.] Be it enacted, #c. That if any officer, Art. 238. seaman, or marine, serving on board of Re - uIationg any private armed ship or vessel bearing concerning a commission of letter of marque, shall pensions to the die, or shall have died since the 18th day ^ r id h °^ s a f nd er . of June, in the year of our Lord 1812, by soL^eiong^ng reason of a wound received in the line of to private arm- his duty, leaving a widow, or, if no widow, ed vessels * a child or children under sixteen years of age, such widow, or, if no widow, such child or children, shall be placed on the pension list by the Secretary of the Na- vy, who shall allow to such widow, child, or children, half the monthly pension to which the rank of the deceased would have entitled him for the highest rate of disability, under " An act regulating pen- sions to persons on board private armed ships ;" which allowance shall continue for the term of rite years ; but in case of the death or intermarriage of such widow before the expiration of the term of five years, the half pay for the remainder of the term shall go to the child or children of the deceased : ProvWed, That the half Proviso pay shall cease on the death of such child or children. And the several pensions hereby directed shall be paid, by direc- tion of the Secretary of the Navy, out of the fund provided by the 17th section of Vl>2 privateer pensions. an act, entitled " An act concerning let- ters of marque, prizes, and prize goods ;" and from no other. [Approved, 4 March, 1814. An ACT in addition to "An act giving Pensions to the Orphans and Widows of persons slain in the public or private armed vessels of the United States." [Vol.6, page 291.] Art. 239. Sect. 2. That if any officer, seaman, or marine, shall have dit d since the eigh- ctilton oToffi. teenth day of June, in the year eighteen cers, seamen, hundred and twelve, in consequence of &c who have an accident or casualty, which occurred died from ac- while • the ] jne of hjg rfut QI| boafd cidents in the ? service since private armed vessel leaving a widow, 18th June, or, if no widow, a child or children un- 1812,10 be der sixteen years of age, the Secretary pensLrTlist. 6 °f tne Navy he, and he is hereby, au- thorized to place such widow, child, or children, on the pension list, and allow to such widow, child, or children, the same monthly pension as if the: deci had died by reason of wounds rec< Proviso; the * n tne nne °f ms duty: Provided, That money to be all moneys paid by virtue of this act shall paid out of the De pgj^ ou ( f the privateer pension Fund! 661 f un ^' an( * no otner ' [Approved, I 6 April, 1818. PRIVATEER PENSIONS. IfJS \n ACT extending the term of pensions, granted to persons disabled, and to the widows and orphans of those who hate been slain, or who have died, in consequence of wounds or casualties, received while in the line of their duty, on board the pri- vate armed ships of the United States during the late war. [Acts 1st session 18th Congress, page 28. J Be it enacted, #*c. That the pensions Art. 240. of all persons, who now are in the receipt thereof, under the provisions of the fol- yilldi 1814 lowing laws of the United States, or a ndi6thApni, either of them, to wit: an act passed 1 8 18) extend- Ma re h fourth, one thousand eight hundred ed * and fourteen, entitled " An Act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States ;" and an act passed April sixteenth, one thousand eight hundred and eighteen, en- titled u An act in addition to an act giv- ing peusions to the orphans and widows of persons slain in the public or private armed vessels of the United States ;" so far as regards persons receiving pensions from the fund arising from captures and salvage, made by the private armed ves* sels of the United States, be, and the same are hereby, continued, under the restrictions and regulations in the said acts contained, for and during the addi- tional term of five years, from and after the period of the expiration of the said pensions respectively: Provided, however, p rov i S o That the said pensions shall alone be 12 134 PRIVATEER PENSION paid from the proceeds of the privateer pension fund, so called, and without re- course to the United States for any defi- ciency, (should such occur.) which may hereafter arise thereon : And provided, Twviso. further, That no pension shall be paid to any such widow after her intermarriage, nor to any orphan children of such offi- cer, seamen, or marines, after they shall have attained the age of sixteen jears. [Approved, 9 April, 1824. An ACT to revive and extend the term of certain pensions which have expired by limitation. [Acts 1st session 18th Congress, page 122.] Art. 241. Be it enacted, #*c. That the pensions heretofore granted, and paid out of the ou^onhePH- Privateer Pension Fund, to the widows vateer pension and orphans of such officers, seamen, and fund, the terms marines, as were slain, or died in conse- wn »ch nad q Uence f wounds or casualties receiv- expired, reviv- ^ , , > .. c , . - ed and extend- e dj while in the line ot their duty, on ed. board the private armed ships of the United States, and the terms for the pay- ment of which had expired by limitation, before the ninth day of April, in the year of our Lord one thousand eight hundred and twenty-four, be, and the same are hereby, revived, and extended to such widows and orphans, with all the advantages, and in the same manner, as if their respective terms had not expir- ed ; subject to the provisions, restrictions, and limitations, of an act, passed the ninth PRIVATEER PENSIONS. 136 day of April, in the year of our Lord one thousand eight hundred and twenty- four, entitled "An act extending the term of pensions granted to persons disa- bled, and to the widows and orphans of those who have been slain, or who have died in consequence of wounds or casual- ties received, while in the line of their du- ty, on board the private armed ships of the United States, during the late war," [Approved, 26 May, 1 824. 13t> NAV1T HOSPITALS. An ACT in addition to "An act for the relief of sic* and disabled seamen.'' (Vol. 3, page 266.] Sect. 1. Irrelevant, Art. 242. Sect. 2. The Secretary of the Navy Secretary f shall be, and he hereby is, authorized and the Navy to directed to deduct, after the first day of centsTper September next, from the pay thereafter month from to become due, of the officers, seamen, the pay of the and marines, of the navy of the United nav y* States, at the rate of twenty cents per month, for every such officer, seaman, and marine, andto pay the samequarter annu- ally to the Secretary of the Treasury, to be applied to the same purposes as the money collected by virtue of the above- mentioned act is appropriated.* Art. 243. Sect. 3. The officers, seamen, and rw« , «o marines, of the navy of the United States, V/mcerSf sea- » n i j*ii i i men, and ma- shall be entitled to receive the same ben- rines, of the efits and advantages, as ? by the act above navy entitled men tioned, are provided for the relief of to the benefits , . . ', ,. r . . , r , of the act cf * ne SIC ** an( * disabled seamen of the mer- 16th July, chant vessels of the United States. I7ys - [Approved, 2 March, 1799. An ACT establishing Navy Hospitals. [Vol. 4, page 338.] Art. $44« Sect. 1. Be it enacted, ti/c. That the * "An act for the relief of sick and disabled sea- men ;" passed July 16, W8. (Vol. 3, pa-e 109.) NAVY HOSPITALS. 137 money hereafter collected by virtue of Secretaries of the act, entitled "An act in addition to ^ y> a J d rea " 'An act for the relief of sick and disa- war, made a bled seamen," ' shall be paid to the Se- board of com- cretary of the Navy, the Secretary of the miss i™«s. Treasury, and the Secretary of War, for the time being, who are hereby appoint- ed a board of commissioners, by the name and style of Commissioners of Navy Hos- pitals, which, together with the sum of fifty thousand dollars hereby appropriat- ed, out of the unexpended balance of the marine hospital fund, to be paid to the commissioners aforesaid, shall constitute a fund for navy hospitals. Sect. 2. All fines imposed on navy of- Art. 245. ficers, seamen, and marines, shall be paid Fines to be to the commissioners of navy hospitals. paid t0 them * Sect. 3. The commissioners of navy Art. 246. hospitals are hereby authorized and re- Commissioners quired to procure, at a suitable place or to procure places, proper sites for navy hospitals ; j» tes » at sul * a - and if the necessary buildings are not nav/hos- 8 ' procured with the site, to cause such to pitais. be erected, having due regard to econo- my, 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 re- quire ; and the commissioners are requir- ed, at one of the establishments, to provide a permanent asylum for disabled and decrepid navy officers, seamen, and marines* 12* 138 NAVY HOSPITALS. c Art. 247. Sect. 4. The Secretary of the Navy Secretary of is authorized and required to prepare the the Navy to necessarv ru ] es an( j regulations for the Ibr 'the govern- government of the institution, and report ment of the the same to the next session of Congress, institution. Sect. 5. When any navy officer, sea- Art. 248, man9 or marine, shall be admitted into a Allowance navy hospital, the institution shall be al- of rations, lowed one ration per day during his con- ofinvaiitTo tinuance therein, to be deducted from he paid to the account of the United States with commissioners. 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 hospital, such pen- sion, during his continuance therein, shall be paid to the commissioners of the navy hospitals, and deducted from the account qf such pensioner* [Approved, 26 February, 1811.. 139 CRIME OP PIRACY. An ACT to protect the commerce of the United States and punish the crime of piracy. [Vol. 6, page 412.] Art. 249. Sect. 1. Be it enacted, #*c. That the The President President of the United States be, and authorized to hereby is, authorized and requested to employ the . i< •' P , . 11- j public armed employ so many of the public armed ves- Vessels to pro- sels, as, in his judgment, the service may tect merchant require, with suitable instructions to the vessels and commanders thereof, in protecting the^^?^ merchant vessels of the United States aggressions. and their crews from piratical aggressions and depredations. Art. 250. Sect. 2. That the President of the The Preg . d United States be, and hereby is, autho- authorized to rized to instruct the commanders of the instruct corn- public armed vessels of the United States man ? ers of to subdue, seize, take, and send into vessels uptake any port of the United States, any and send into armed vessel or boat, or any vessel P ort armed or boat the crew whereof shall be arm whkh^aveat. ed, and which shall have attempted tempted or or committed any piratical aggression, committed pi- search, restraint, depredation, or seizure, ratlcal a gg re *- i r ,u tt -i. j ci ' sion, fee. upon upon any vessel of the United States, any vessei,and or of the citizens thereof, or upon any to retake res- other vessel ; and also to retake any ves- * els oi th / u * sel of the United States, or its citizens, C a p "ure7. ° ^ which may have been unlawfully cap- tured upon the high seas. 140 CRIME OF PIRACY. Art. 251. Sect. 3. That the commander and Merchant ves- crew of any merchant vessel of the £owl£h£ k U " ited StateS ' ° Wn 5 d Wh °%< 0F in P«t. ly or in part by Dv a citizen thereof, may oppose and de- a citizen, may fend against any aggressions, search, re- defend against s traint, depredation, or seizure, which shall by^nyTrmed be attempted upon such vessel, or upon vessel other an v other vessel owned as aforesaid, by the than a public commander or crew of any armed vessel ofTnltlon 61 whatsoever, not being a public armed in amity ; vessel of some nation in amity with the may capture United States ; and may subdue and cap- the offending ture tne same ; and may also retake any vessel, and re- , , 7 t J . , ... J take vessels of vessel, owned as aforesaid, which may the United have been captured by the commander States, &c. or crew of any such armed vessel, and send the same into any port of the Unit- ed States. Art. 252. Sect. 4. That whenever any vessel Vessels or °r boat, from which any piratical aggres- boats, from sion, search, restraint, depredation, or which pirau- g e j zurej shall have been first attempted &c ^a^bee "* or made, shall be captured and brought first attempted into any port of the United States, the or made, when same shall an d may be aafjudged and broughYtato condemned to their use and that of the port, may be captors, after due process and trial, in condemned to anv court having admiralty jurisdiction, u's^anl the and which shal1 be h ° ldcn f ° r the district captors, &c. into which such captured vessel shall be Sale and dis- brought ; and the same court shall there- tribution. upon order a sale and distribution thereof accordingly, and at their discretion. Art. 253. Sect. 5. That if any person or persons force until the- end of the next CRIME OF PIRACY. 141 whatsoever, shall, on the high seas, com- Persons com- mit the crime of piracy, as defined hy ^ e °g acy the law of nations, and such otleuder or on the high offenders shall afterwards be brought into, seas,if brought or found in, the United States, every ^ rf ™ n ^ ^ the such offender or offenders shall, upon pu ' n i s " he ° d ^ ith «onviction thereof, before the circuit death, court of the United States for the dis- trict into which he orthey may bebrought, or in which he or they shall be found, be punished with death. Sect. 6. That this act shall be in force Art. 254. until the end of the next session of Con This act in eress. fContinued. See post.] [Approved, 3 March, 1819. ££% — — Congress* An ACT to continue in force "An act to protect the Commerce of the United States and punish the «rime of Piracy,'' and also to make further pro- vision for punishing the crime of Piracy. [Vol. 6, page 529.] Sect. 1. Be it enacted, fyc. That the * r f 95 r first, second, third, and fourth, sections of lst 2 " d 3d * an Act, entitled u An act to protect the and 4th sec- commerce of the United States and pun- tions of Act *# ish the crime of piracy," passed on the ^^"ontin- third day of March, one thousand eight U ed for. 2 hundred and nineteen, be, and the same years, &.c. are hereby, continued in force, from the passing of this act, for the term of two years, and from thence to the end of the next session of Congress, and no longer.* Sect. 2. That the fifth section of the A r f # 35^ said act be, and the same is hereby, con- 5th sec tj on «f * Made perpetual. See post. 142 CRIME OF PIRACY. the Act of 3d tinued in force, as to all crimes made March, 1819, punishable by the same, and heretofore continued, as •,. j • n c i> • r to crimes here- committed, in all respects, as fully as if tofore commit- the duration ot the said section bad been ted - without limitation. Art 257 Sect. 3. That if any person shall, upon the high seas, or in any open road- Persons com- stead, or in any haven, basin, or bay, or in mining robbe- any river where the sea ebbs and flows, ry on any ship cornm jt t ne crime of robbery, in or upon or vessel, or . . . J r \. ship's compa- an y ship or vessel, or upon any of the ny, &c on the ship's company of any ship or vessel,or the ill ? h seas » in a | ac |i n g thereof, such person shall be ad- trsuffer a deathlJ ud ^ ed to be a P irate 5 a "d, being thereof Conviction in convicted, before the circuit court of the Circuit Court United States for the district into which where bought he shall be brought or in which he shall or found. be found ^ shal , suffer death> And if any Persons en- p erson engaged in any piratical cruize or gaged in any r , b & J r piratical en- enterprise, or being of the crew or ship's terprise, &c. company of any piratical ship or vessel, and com SDa j| j an( j f rom sucn s hip or vessel, and, bery on 'shore on snore > shall commit robbery, such per- deciared pi- ' son shall be adjudged a pirate; and on rates, and to conviction thereof, before the circuit ?*;":, court of the United States for the dis- Conviction in , Circuit Court tnct into which he shall be brought, or where brought in which he shall be found, shall suffer or found. death 7 Provided, That nothing in this Proviso; section contained shall be construed to States not to deprive any particular state of itsjuris- be deprived of diction over such offences when commit- and offenders ted within lhe bod y of a county, or au- not to be tried thorize the courts of the United States CRIME OF PIRACY. 143 to try any such offenders, after conviction " f e r a cquit- or acquittance, for the same ortence, in a state court. Sect. 4. That if any citizen of the Art. 258. United States, being of the crew or ship's Persong land _ eomnany of any foreign ship or vessel j ng on a fo- : in the slave trade, or any per- reign shore, son whatever, being of the crew or ship's anH seiz,n S r y- i i • negroes or mu- company of any ship or vessel, owned in i aUoe * not the whole or part, or navigated ior, or in held to service, behalf of, any citizen or citizens of the &c - witbinlent United States, shall land from an) such ^^ s e or ie d ™_ ship or vessel, and. on any foreign shore, coying, forci- seize any negro or mulatto, not held to b, y bringing o r service or labour by the laws of either of the ^ ryi o ng > &c - states or territories of the United States, & c , declared ' with intent to make such negro or mulat- pirates, and to to a slave, or shall decoy, or forcibly suffer death * bring or carry, or shall receive, such ne- gro or mulatto on board any such ship or vessel, with intent as aforesaid, such citi- zen or person shall be adjudged a pirate ; and, on conviction thereof, before the ^"^^ circuit court of the United States for the wne re brought district wherein he may be brought or or found, found, shall suffer death. Sect. 5 That if any citizen of the Art. 259. United States, beiug of the crew or ship's company of any foreign ship or fi ersons I orC1 "* r i i • am. t i b v confining, vessel engaged in the slave trade, or detaining, or any person whatever, being of the crew aiding to Con- or ship's company of any ship or vessel, fine or d * tain » l ii r • 4 • j/- negroes, &c. owned wholly or in part, ornavigated for, n board ves- or in behalf of, any citizen or citizens ofseis, &c. or of- 144 CRIME OF PIRACY. fering; to sell the United States, shall forcibly confine °" boa /h d 'h^ ordetain 5 or aid and abet in forcibly Con- or, on the high ' J seas or tide lining or detaining, on board such snip or water, trans- vessel, any negro or mulatto not held to Uverin °ov d er" Service b J the ,aWS of either ° f the to any other states or territories of the United States, ship, or land- with intent to make such negro or mu- ing, &c. ne- j a ^ a slave, or shall, on board any such whhlntent sm P or vessel, offer or attempt to sell, as &c. declared a slave, any negro, or mulatto, not held to pirates, and to service as aforesaid, or shall, on the high suffer death. geag ^ or an ^ w h ere on tide water, transfer or deliver over, to any other ship or vessel, any negro or mulatto, not held to service as aforesaid, with intent to make such ne- gro or mulatto a slave, or shall land, or deliver on shore, from on board any such ship or vessel, any such negro or mulat- to, with intent to make sale of, or having previously sold, such negro or mulatto as a slave, such citizen or person shall be ad- Conviction in judged a pirate ; and, on conviction there- Circuit Court of? before the circuit court of the United o r found™" 2 ^ States for the district wherein he shall be brought or found, shall sutler death. [Approved, 15 May, 1820. An ACT In addition to "An act to continue in force 'An act to protect the commerce of the United States, and punish the crime of Piracy,' and, also, to make further provision for punishing the crime of piracy." [Acts of the 2d session 17th Congress, p«^ Art. 2G0. ^ e ** enac t e di fyc. That the first, se- The 1st, 2nd, cond, third, and fourth, sections of an act, CRIME OF PIRACY. 14a entitled "An act to protect the commerce 3 ^ and 4th of the United States, and punish the S6 , c ^° ns ™ A ? r „ , r ., .. . , of od March, crime of piracy." passed on the third 1819, made day of March, in the year of our Lord perpetual. one thousand eight hundred and nineteen, be, and the same are hereby, continued in force, in all respects, as fully as if the said sections had been enacted without limitation, in the said act, or in the act to which this is an addition, and which was passed on the fifteenth day of May, in the year of our Lord one thousand eight hundred and twenty. [Approved, 30 January) 1823. 13 146 SLAVE TRADE. An ACT in addition to the acts prohibiting tru* Slave Trade. [Vol. 6, page 435.] Art. 261. Sect. 1. Be it enacted, &c. That the The President President of the United States be, and may employ ne j s hereby, authorized, whenever he the armed ves- 1 n j •"'. j- r seisoftheUni- sna " deem it expedient, to cause any of ted States on the armed vessels of the United States the coasts of to be employed to cruise on any of the Stated of COastS ° f the United StateS < 0F Territ °- Africa, &c. ries thereof, or of the coast of Africa, or to enforce the elsewhere, where he ma) judge attempts Acts of Con- ma ^ D e ma de to carry on the slave trade fng SS the r °Slave D y citizens or residents of the United Trade. States, in contravention of the Acts of Congress prohibiting the same, and to Vessels unlaw- instruct and direct the commanders of fn U fhe e t«w e - dan armed vesseIs of the United States, portaUonTf 8 " to seize, take, and bring into any port of Negroes, &c. the United States, all ships or vessels of may be seized t ne United States, wheresoever found, "» portf&c. Which ma ? haVe taken 0D b ° ard ' 0r Which may be intendedfor the purpose of taking on board, or of transporting, or may have transported, any negro, mulatto, or person of colour, in violation of any of the provisions of the Act, entitled ik An act in addition to an act to prohibit the importation of slaves into any port or place within the jurisdiction of the Uni- ted States, from and after the first day of SLAVE TRADE* 147 January, in the year of our Lord one thousand eight hundred and eight, and to repeal certain parts of the same," or of any other act or acts prohibiting the traffic in slaves, to be proceeded against according to law : And the proceeds of The proceeds all ships and ivessels, their tackle, ap- of offending parel, and furniture, and the goods a^^atwedfe . effects on board of them, which shall be tween theu.s. so seized, prosecuted, and condemned, and the cap- shall be divided equally between the* or ^^ United States and the officers and rnen orrevenuecur . who shall seize, take, or bring, the sameters. into port for condemnation, whether such seizure be made by an armed vessel of the United States or revenue cutter thereof: And the same shall be distribu- Tobedistr j bu . ted in like manner as is provided by law ted as prizes. for the distribution of prizes taken from an enemy : Provided, That the officers proviso ; offi- and men, to be entitled to one-half of the cers and men proceeds aforesaid, shall safe keep eV ery ^ safekee P the negro, mulatto, or person of colour, found an C t r i • i keeping, sup- ' or the safe-keeping, support, and remo- port, and re-val beyond the limits of the United movai out of g^tes, of all such negroes, rnulattoes, or the U. Spates, r 1 I j r j of the Negroes, P ersons °' c °l° ur ? as ma y be so delivered &c. and may and brought within their jurisdiction; appoint agents an( j to appoint a proper person or per- un the coast -J- .1 r a r • of Africa to re- sons ' res,c "i)g upon the coast of Africa, *eiYe them,&c. as agent or agents, for receiving the ne- groes, rnulattoes, or persons of colour, delivered from on board vessels, seized in the prosecution of the slave trade, by commanders of the United States' armed vessels. Art. 263. Sect. 3. That a bounty of twenty-five bounty of 25 dollars be paid to the oflicers and crews SLAVE TRADE. 149 of the commissioned vessels of the Uni- doiiaisforeve- ted States, or revenue cutters, for each ^ Jf^' to c ' and every negro, mulatto, or person of the Marshal, colour, who shall have been, as herein- *«• before provided, delivered to the mar- shal or agent duly appointed to receive them : And the Secretary of the Trea- Secretary of sury is hereby authorized and required J hea f" ry 4. • 1 i. U CCL t0 CaUSe tbe to pay, or cause to be paid, to such orh- bounty to be cers and crews, or their agent, the afore- paid. said bounty, for each person delivered as aforesaid. Sect. 4. That when any citizen or Art, 264. other person, shall lodge information, District Attor- with the attorney for the district of any ney to prose- state or territory, as the case may be, cute by . infor " A v . \' a. /.mation, in tht that any negro, mulatto, or person of caseof ' persons colour, has been imported therein, con- holding ne- trary to the provisions of the acts in e roes > &c - un * such case made and provided, it shall be la j/ e u d Hy im * the duty of the said attorney forthwith to commence a prosecution, by information; and process shall issue against the per- son charged with holding such negro, ne- groes, mulatto, mulattoes, person or persons of colour, so alleged to be im- ported contrary to the provisions of the Upon the ver» acts aforesaid : And if, upon the return dic * of a jury, of the process executed, it shall be as-^J^y^ • certained, by the verdict of a jury, that sn ai to take 1 " such negro, negroes, mulatto, mulattoes, the negroes in- person or persons of colour, have been* f ustod y> brought in, contrary to the true intent o^s* of the and meaning of the acts in such cases President. 13* 150 SLAVE TRADE. made and provided, then the court shall direct the marshal of the said district to take the said negroes, mulattoes, or per- sons of colour, into his custody, for safe keeping, subject to the orders of the informer enti- President of the United States ; and the tied to a boun- informer or informers, who shall have for 0f ev 5 e°ry d0 ne^ lod 3 ed the information, sha11 be entitled gro, &c. be- to receive, over and above the portion of sides the por- the penalties accruing to him or them iion of penal- ^ y fo e provisions of the acts in such case ftThim."" 1 b m ade and provided, a bounty of fifty dol- lars, for each and every negro, mulatto, or person of colour, who shall have been delivered into the custody of the mar- „ shal : and the Secretary of the Treasury The Secretary J J of the Trea- i*> hereby authorized and required to pay, sury to cause or cause to be paid, the aforesaid bounty, the bounty to upon tne certificate of the clerk of the certificate 1 ^ * court f° r tne district where the prosecu- te Clerk. tion may have been had, with the seal of office thereto annexed, stating the number of negroes, mulattoes, or persons of colour, so delivered. Art. 265. Sect. 5. That it shall be the duty of v c . the commander of any armed vessel of tured under the United States, whenever he shall ihe provisions make any capture under the provisions ©f this Act to f tms act to Dr j n p- the vessel and her oe brought in- c i* j- c *l to a port of the c ar go, * or adjudication, into some of the state or terri- ports of the state or territory to which tory where gucn vessel, so captured, shall belong, if £ e ^ e,ong ' he can ascertain the same; if not, then to be sent into any convenient port of the United States. SLAVE TRADE. 151 Sect. 6. That all such acts, or parts of Art. 266. acts, as may be repugnant to the provi- Repugnant sions of this act, shall be, and the same Acts and parts are hereby, repealed. of Acts repeal- Sect. 7. That a sum not exceeding e ^ . 2fi ^ one hundred thousand dollars, be, and ' /# the same is hereby, appropriated to car- rl * rt c * cee , di "S ,,. , . , & . rr r 100,000 doJls. ry this law into effect. appropriated [Approved, 3 March, 1819. to carry this law into effect; 152 RESOLUTIONS. [Vol. 3, page 402.] Art. 263. Resolved by the Senate and House of t c g a 0l t. Trux- Re P resentatives °f ^e United States of ton. ' America in Congress assembled, That the President of the United States be re- quested to present to captain Thomas Truxton, a golden medal, emblematical of the late action between the United States' frigate Constellation, of thirty- eight guns, and the French ship of war La Vengeance, of fifty-four; in testimo- ny of the high sense entertained by Con- gress of his gallantry and good conduct in the above engagement, wherein an ex- ample was exhibited by the captain, offi- cers, sailors, and marines, honourable to the American name, and instructive to its rising navy. Art. 269. And it is further resolved, That the p . f conduct of James Jarvis, a midshipman James °Jarvis, in said frigate, who gloriously preferred a midshipman, certain death to an abandonment of his &c » post, is deserving of the highest praise, and that the loss of so promising an offi- cer is a subject of national regret. [Approved, 29 March, 1 800. Resolutions expressing the sense of Congress on the gallant conduct of lieutenant Sterret, the officers, and crew, of the United States' schooner Enter- prise. [Vol. 3, page 520.] Artt 270* Resolved by the Senate and House of Re* RESOLUTIONS. 153 presentatives of the United Stales of Ameri- Gallant con- ca in Congress assembled, That they en-*^g£ tertain a high sense of the gallant con- duct of lieutenant Sterret, and the other officers, seamen, and marines, on board the schooner Enterprise, in the capture of a Tripolitan corsair of fourteen guns and eighty men Resolved, That the President of the Art. 271. United States be requested to present to A sword t0 lieutenant Sterret, a sword, commemora- lieut. Sterret. tive of the aforesaid heroic action ; and Extra pay to that one month's pay be allowed to all ° th d er f certl the other officers, seamen, and marines, an who were on board the Enterprise when the aforesaid action took place. [Approved, 3 February, 1802. Resolution expressive of the sense of Congress of the gallant conduc-t of captain Stephen Decatur, the officers and crew, of the United States' ketch Intrepid, in attacking, in the harbour of Tripoli, and destroying a Tripolitan frigate of forty-four gUiiS. [Vol. 3, pa&c G74.] Resolved, fyc. That the President of^ r ^ 27*2. the United States be requested to pre- . ., cm j. f A sword to sent, in the name of Congress, to cap- capt .Decatur;- tain Stephen Decatur, a sword, and to and two each of the officers and crew of the months' pay United States' ketch Intrepid, two ^"- r 7 cers and men, months' pay, as a testimony of the high sense entertained by Congress of the gal- lantry, good conduct, and services, of captain Decatur, the officers, and crew. 154 RESOLUTIONS. of the said ketch, in attacking, in the harbour of Tripoli, and destroying a Tripolitan frigate of forty-four guns. [Approved, 27 November, 1804. Resolutions expressive of the sense of Congress of the gallant conduct of commodore Edward Preble, the officers, seamen, and marines, of his squadron. [Vol. 3, page 674.] Art. 273 Resolved, #-c. That the thanks of Con- gress be, and the same are hereby, pre- commodore sented to commodore Edward Preble, Preble, officers and through him to the officers, seamen, and men. an( j marines, attached to the squadron under his command, for their gallantry and good conduct, displayed in the sever- al attacks on the town, batteries, and na- val force, of Tripoli, in the year 1804. Art. 274. Resolved, That the President of the United States be requested to cause a to g c°om™odore g°ld medal to be struck, emblematical of Preble. the attacks on the town, batteries, and naval force, of Tripoli, by the squadron under commodore Preble's command, and to present it to commodore Preble, iu such manner, as, in his opinion, will be A sword to most honourable to him: and that the other officers. President be further requested to cause a sword to be presented to each of the commissioned officers and midshipmen who have distinguished themselves in the several attacks. Art. 275. Resolved, That one month's pay be al- A month's pay l°wed, exclusively of the common all RESOLUTIONS. 165 ance, to all the petty officers, seamen, topefty officers and marines, of the squadron, who so and men * gloriously supported the honour of the American, flag, under the orders of their gallant commander, in the several at- tacks. Resolved, That the President of the Art. 276, United States be also requested to com- rjeep regret of municate to the parents, or other near Congress for relatives, of captain Richard Somers, the loss of lieutenants Henry Wadsworth, WsXttr Decatur, James K. Caldwell, Joseph Is- rael, and midshipman John Sword Dor- sey, the deep regret which Congress feel for the loss of those gallant men, whose names ought to live in the recollection and affections of a grateful country, and whose conduct ought to be regarded as an example to future generations, [Approved, 3 March, 1 805. Resolutions relative to the brilliant achievements of captains Hull, Decatur, Jones, and lieutenant El- liott. [Vol. 4, page 537.] Resolved, fyc. That the President of Art. 277. the United States be, and he is hereby, A gold medal requested to present to captain Hull, of to captains the frigate Constitution, captain Decatur, ^ 1 J D n e e ^ s atu^, of the frigate United Statea, and captain Jones, of the sloop of war Wasp, each a gold medal, with suitable emblems and devices; and a silver medal, with ^ke A silver me dai emblems and devices to each commis- to other offi- gioned officer of the aforesaid vessels, in cers. 156 RESOLUTIONS. testimony of the high sense entertained by Congress of the gallantry, good con- duct, and services, of the captains, offi- cers, and crews, of the aforesaid vessels, in their respective conflicts with the Bri- tish frigates the Guerriere and the Mace- A silver medal donian a nd sloop of war Frolic : and the to the nearest ^ . , ', . . . r . , . male relative "resident is also requested to present a of lieutenants silver medal, with like emblems and de- Bush and vices, to the nearest male relative of lieutenant Bush, and one to the nearest male relative of lieutenant Funk, in tes- timony of the gallantry and merit of those deceased officers, in whom their country has sustained a loss much to be regretted. Art. 278. . Sect. 2. And be it further resolved, An Elegant That the President of the United States sword to lieut. be, and he hereby is, requested to present Elliot - to lieutenant Elliot, of the navy of the United States, an elegant sword, with suitable emblems and devices, in testimo- ny of the just sense entertained by Con- gress of his gallantry and good conduct in boarding and capturing the British brigs Detroit and Caledonia, while an- chored under the protection of fort Erie. [Approved, 29 January, 1813. Resolution requesting the President of the United States to present medals to captain William Bain- bridge, and the officers of the frigate Constitution. [Vol.4, page 538.] A t 279 Resolved, fyc. That the President of the United States be, and he is hereby, RESOLUTIONS. 157 requested to present to captain William a gold medal Bainbridge, of the frigate Constitution, to capt. Bain- a gold medal, with suitable emblems and br,d s e - devices, and a silver medal, with suita- A silver me- ble emblems and devices, to each com- d *J t0 other missioned officer, of the said frigate, in ° testimony of the high sense entertained by Congress of the gallantry, good con- duct, and services, of captain Bainbridge, his officers, and crew, in the capture of the British frigate Java, after a brave and skilful combat. [Approved, 3 March, 1813. Resolutions expressive of the sens« of Congress of the gallant conduct of captain Oliver H. Perry, the officers, seamen, marines, and infantry acting as such, on board of his squadron. [Vol. 4, page 712.] Resolved, <$*c. That the thanks of Con- a i. ggg gress be, and the same are hereby, pre- sented to captain Oliver Hazard Perry, Thank !; tD ... . F. t rt% /'commodore and through him to the officers, petty offi- p e rry, officers cers, seamen, marines, and infantry serv- and men. ing as such, attached to the squadron un- der his command, for the decisive and glorious victory gained on lake Erie, on the tenth of September, in the year 1813, over a British squadron of superior force. Resolved, That the President of the Gold medlls United States be requested to cause gold to captains medals to be struck, emblematical of the ? err y and El- action between the two squadrons, and to ll0t ' present them to captain Perry and cap- 14 J 58 RESOLUTIONS. A sword to midshipmen, Art. 281. tain Jesse D. Elliot, in such manner as A silver medal will be most honourable to them; and toother offi. that the President be further requested to present a silver medal, with suitable emblems and devices, to each of the com- missioned officers, either of the navj or army, serving on board, and a sword to each of the midshipmen and sailingmas- ters who so nobly distinguished them- selves on that memorable day. Resolved, That the President of the A silver medal United States be requested to present a to the nearest silver medal, with like emblems and de- male relative vices, to the nearest male relative of Brooks^ a lieutenant John Brooks, of the marines, sword to the an d a sword to the nearest male relatives of midshipmen Henry Laub and Thomas Claxton, jun. and to communicate to them the deep regret which Congress feel for the loss of those gallant men, whose names ought to live in the recol- lection and affection of a grateful coun- try, and whose conduct ought to be re- garded as an example to future genera- tions. Resolved, That three months' pay be m. 4 , , allowed, exclusively of the common al- lnree months' . n aL .*■ ~> extra pay to lowance, to all the petty omcers, seamen, marines, and infantry serving as such, who so gloriously supported the honour of the American flag, under the orders of their gallant commander, on that signal occasion. [Approved, 6 January, 1814. nearest male relatives of midshipmen Laub and Claxton. Art. 282. petty officers and men. RESOLUTIONS. 159 Resolution relative to the brilliant achievement of lieutenants Burrows and M'Call. [Vol. 4, page 713.] Resolved, fa. That the President of An * ^ J * the United States be requested to pre- A s old medai sent to the nearest male relative of lieu- ^^eia„ve« tenant William Burrows, and to lieute- f lieuts. Bur- nant Edward R. M 4 Call, of the brig En- rows and terprise, a gold medal, with suitable em- wc ^ u * and .,* ii- i -i ii a silver medal biems and devices ; and a silver medal, t0 ot h er Q ^. with like emblems and devices, to each of cers. the commissioned officers of the afore- said vessel, in testimony of the high sense entertained by Congress of the g&llantry and good conduct of the officers and crew in the conflict with the British sloop Box- er, on the fourth of September, in the year 1813. And the President is also re- Deep regret quested to communicate to the nearest for * he loss male relative of lieutenant Burrows, the °oJg eut * Bur " deep regret which Congress feel for the loss of that valuable officer, who died in the arms of victory, nobly contending for his country's rights and fame. [Approved, 6 January, 1814. Resolution relative to the brilliant achievement of captain James Lawrence* in the capture of the British vessel of war the Peacock. [Vol. 4, page 713.] Resolved, fyc. That the President of Art. 284. the United States be requested to pre- A gold medal sent to the nearest male relative of cap- t0 t 1 he n f are * 1 . . T T 1111*1 male relative tain Jajies Lawrence, a gold medal, and f capt . Law- a silver medal to each of the commission- rence ; and & 16© RESOLUTIONS. silver medal to ed officers who served under him in the ether officers. s | 00 p f war Hornet, in her conflict with the British vessel of war the Peacock, in testimony of the high sense entertain- ed by Congress of the gallantry and good conduct of the officers and crew in the capture of that vessel ; and the Presi- dent is also requested to communicate to the nearest male relative of captain Law- rence the sense which Congress enter- tains of the loss which the naval service of the United States has since sustained in the death of that distinguished officer. [Approved, 11 January, 1814. Seme enter- tained by Congress of the loss of eapt. Law- rence, Ait. 285. A sword to the nearest Resoluti&n directing * sward to be presented to the nearest male relation of midshipman John Clark. [Vol. 4, page 713.] Resolved, <$/•<:. That the President of the United States be requested to pre- sent a sword to the nearest male relation Clark, and re grot for his loss. male relative f midshipman John Clark, who was slain ian gallantly combating the enemy in the glorious battle gained on lake Erie, un- der the command of captain Perry, and to communicate to him the deep regret which Congress feds for the loss of that brave officer. [Approved, Id February, 1814. RESOLUTIONS. 161 Resolutions, expressive of the sense of Congress of the gallant conduct of captain Thomas Macdo- nough, the officers, seamen, marines, and infantry- serving as marines, on board the United States' squadron on lake Champlain. [Vol. 4, page 856.] Resolved, &c. That the thanks of Con- Art. 286, gress he, and the same are hereby, pre- The thanksof sented to captain Thomas Macdonough, Congress pre* and, through him, to the officers, pett) sented tocapt. officers, seamen, marii.es, and infantry M^onough, . ' j i i officers, sea- serving as marines, attached to the squad- meri) & c . f or ron under his command, for the decisive the splendid and splendid victory gained on lake Cham- victory on lake «• ^u » .u r o i. Champlain, plain, on the eleventh oi September, in & Ct J the year one thousand eight hundred and fourteen, over a British squadron of su- perior force. Resolved, That the President of the Art. 287." United States be requested to cause gold Gold medals medals to be struck, emblematical of the to capts. Mac- action between the two squadrons, and Jf nc J«"gh exclusively of the common al- pay additional lowance, to all the petty officers, seamen, to the petty of- marines, and infantry serving as marines, ficers, seamen, wno so gloriously supported the honour of the American flag on that memorable day. [Approved, 20 October, 1814. Resolution, expressive of the sense of Congress re- lative to the victory of the Peacock over the Eper- vier. Vol. 4, page 856.] Art. 290. Resolved, c^c. That the President of A gold medal the United States be requested to pre- to caut. War- sent to captain Lewis Warrington, of the rington ; a sil- s loop of war Peacock, a gold medal, with >er medal to su i taD | e emblems and devices, and a sil- each commis- . sioned officer, ver medal, with like emblems and devi- aud a sword ces, to each of the commissioned officers, tothemid,hi P - and gword t0 each r t i ie midshipmen, men, \:c in . . ,. ... r ., *, testimony of an d to the sailing master, ot the said ves- their good con- scl, in testimony of the high sense en- RESOLUTIONS. 163 tertained by Congress of the gallantry ductinthe ac- and good conduct of the officers and crew, p ? Tl^ ^ in the action with the British brig Eper- Epervier, «c. vier, on the twenty-ninth day of April, in the year one thousand eight hundred and fourteen, in which action the decisive effect and great superiority of the Ameri- can gunnery were so signally displayed. [Approved, 21 Ocfo6er, 1814. Resolution, expressive of the sense of Congress re- lative to the capture of the British sloop Reindeer, by the American sloop Wasp. [Vol. 4, page 857.] Resolved, fyc. That the President of Art. 291. the United States be requested to pre- A old d j sent to captain Johnston Blakely, of the tocapt.BUke- sloop Wasp, a gold medal, with suitable !y» a Mlf" me- devices, and a silver medal, with like de- daI t0 . each a i /• .» . i /y» commissioned vices, to each ot the commissioned orh- officer, and a cers, and also a sword to each of the sword to each midshipmen, and the sailing master, of midshipman, the aforesaid vessel, in testimony of the ^JllSJ^ high sense entertained by Congress of lantry, &c. in the gallantry and good conduct of the the action with officers and crew, in the action with the*^ jJ'l British sloop of war Reindeer, on the Reindeer, &c. twenty-eighth of June, in the year one thousand eight hundred and fourteen ; in which action determined bravery and cool intrepidity, in nineteen minutes, ob- tained a decisive victory, by boarding. [Approved, 3 November, 1814. ]64 KESOLUTIONS. Resolutions, expressive of the high sense entertain- ed by Congress of the gallantry and good conduct of Commodore D. T. Patterson, and Major I). Carmick, and of the officers, seamen, and marine^ under their command, in the defence of .New Or- leans. [Vol. 4, page 860.] Art. 292. Resolved, &c. That Congress enter- Congress en- tain a high sense of the valour and good tertain a high conduct of eommodore D. T. Patterson, sense of the , ([ fa cers petty officers, and sea- valour, &c. of * , i\ ,• i r ,i • commodore men, attached to his command, lor their Patterson, of- prompt and efficient co-operation with ficers,and general Jackson, in the late cgallant and successful defence of the city of New Orleans, when assailed by a powerful British force. Art 293. Resolved, That Congress entertain a Congress en- high sense of the valour and good conduct tertain a high of major Daniel Carmick, of (he ofi'u sense of the non commissioned officers, and marines, major Car- ° under his command, in the defence of the mick, officers, said city, on the late memorable occasion. and marines, '[Approved, 22 February, 1815. Resolution requesting the President to present Me- dals to Captain Stewart and the oincers of the Frigate Constitution. [Vol. 6, page 102.] Art. 294. Resolved, 4>c. That the President of The President the United States be, and he is hen requested to requested lo present to captain Charles present a gold Stewar( Q f . he fri te Constitution, a medal to Cap- ' . . . °. . , tain Stc wart & g°ld medal) with suitable emblems and * silver one to devices, and a silver medal, with suitable RESOLUTIONS. 165 emblems and devices, to each commis- €ach commis- sioned officer of the said frigate, in testi- ™™* °{j££ mony of the high sense entertained b> Constitution, Congress of the gallantry, good conduct, for their gal- and services, of captain Stewart, his offi- lant / y a " d cers and crew, in the capture of the Bri- & Ct tish vessels of war the Cyane and the Le- vant, after a brave and skilful combat. [Approved^ 22 February, 1816. Resolution requesting the President to present Medals to Captain James Biddle and the officers of the Sloop of War Hornet. [Vol. 6, page 163] Resolved, 8/c. That the President of Art. 295, the United States be, and he is hereby, _, D . , ( L , . ' , . T J1 The President requested to present to captain James requested to Biddle, of the sloop of war Hornet, a present a gold gold medal, with suitable emblems and medal to Cap- devices, and a silver medal, with suitable an ' d a l Si \ ve ' T emblems and devices, to each commis- one to each sioned officer of the said sloop of war, commissioned in testimony of the high sense entertain- gjooTo^war ed by Congress of the gallantry, good Hornet, for conduct, and services, of Captain Biddle, their gaiian- his officers and crew, in capturing the J^'^&f C0D ' British sloop of war Penguin, after a brave and skilful combat. [Approved, 22 February, 1816. 169 APPENDIX. SLAVE TRADE. An ACT to prohibit the carrying on the Slave-Trade from the United States, to any foreign place or country. [Vol.2, page 388.] [Sect. 1 .] Be it enacted, #*c. That no ci- tizen or citizens of the United States, or i , qqn foreigner, or any other person coming into, or residing within the same, shall, for himself or any other person whatsoever, either as master, factor, or owner, build, fit, equip, load, or otherwise to prepare any ship or vessel within any port or place of the said United States, nor shall cause any ship or vessel to sail from any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country ; or for the pur- pose of procuring, from any foreign king- dom, place, or country, the inhabitants of such kingdom, place or country, to be transported to any foreign country, port, or place, whatever, to be sold or disposed of as slaves : and if any ship or vessel shall be so fitted out, as aforesaid, for the said purposes, or shall be caused to sail, so as aforesaid, every such ship or vessel, her tackle, furniture, apparel. & other appur- tenances, shall be forfeited to the United States ; and shall be liable to be seized, 170 SLAVE TRADE. prosecuted, and condemned, in any of the circuit courts or district court for the district, where the said ship or vessel may be found and seized. Art. 297. Sect. 2. That all and every person, so building, fitting out, equipping, load- ing, or otherwise preparing, or sending away, any ship or vessel, knowing, or in- tending, that the same shall be employed in such trade or business, contrary to the true intent and meaning of this act, or any ways aiding or abetting therein, shall se- verally forfeit and pay the sum of two thousand dollars ; one moiety thereof to the use of the United States, and the other moiety thereof to the use of him or her who shall sue for and prosecute the same. Art. 298. Sect. 3. That the owner, master, or factor, of each and every foreign ship or vessel, clearing out for any of the coasts or kingdoms of Africa, or suspect* ed to be intended for the slave trade, and the suspicion being declared to the offi- cer of the customs, by any citizen, on oath or affirmation, and such information being to the satisfaction of the said offi- cer, shall first give bond with sufficient sureties, to the Treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said ship or vessel, to be transported or sold as slaves. SLAVE TRADfi. \1\ in any other foreign port or place what- ever, within nine months thereafter. Sect. 4. That if any citizen or citizens Art. 299. of the United States shall, contrary to the true intent and meaning of this act, take on board, receive or transport any such persons, as above described in this act, for the purpose of selling them as slaves, a8 aforesaid, he or they shall forfeit and pay, for each and every person so receiv- ed on board, transported, or sold as afore* said, the sum of two hundred dollars, to be recovered in any court of the Uni- ted States proper to try the same ; the one moiety thereof to the use of the Uni- ted States, and the other moiety to the use of such person or persons who shall sue for and prosecute the same. [Approved, 22 March, 1794.] An ACT in addition to the act, intituled "An Act to prohibit the carrying on the Mave Trade from the United States to any foreign place or country." [Vol. 3, p. 382. | [Sect. 1.] Be it enacted, fyc. That it Art. 300. shall be unlawful for any citizen of the United States, or other person residing within the United States, directly or in- directly to hold or have any right or pro- perty in any vessel employed or made use of in the transportation or carrying of slaves from one foreign country or place 172 SLAVE TRADE. to another, and any right or property, belonging as aforesaid, shall be forfeited, and may be libelled and condemned for the use of the person who shall sue for the same ; and such person, transgressing the prohibition aforesaid, shall also for- feit and pay a sum of money equal to dou- ble the value of the right or property in such vessel, which he held as aforesaid ; and shall also forfeit a sum of money equal todouble the value of the interest which he may have had in the slaves, which at any time may have been transported or car- ried in such vessel, after the passing of this act, and against the form thereof. Art. 301. Sect. 2. That it shall be unlawful for any citizen of the United States, or oth- er person residing therein, to serve on board any vessel of the United States employed or made use of in the transpor- tation or carrying of slaves from one foreign country or place to another ; and any such citizen or other person, volun- tarily serving as aforesaid, shall be liable to be indicted therefor, and on convic- tion thereof, shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceeding two years. Art. 302. Sect. 3. That ifany citizen of the Uni- ted States shall voluntarily serve on board of any foreign ship or vessel, which shall hereafter b< employed in the slave trade, he shall, on conviction thereof, be liable SLAVE TRADE. 173 to and suffer the like forfeitures, pains, disabilities and penalties as he would have incurred, had such ship or vessel been owned or employed, in whole or in part, by any person or persons residing within the United States. Sect 4 That it shall be lawful for any Art. 303* of the commissioned vessels of the Uni- ted States, to seize and take any vessel employed in carrying on trade, business, or traffic, contrary to the true intent and meaning of this or the said act to which this is an addition ; and such vessel, to- gether with her tackle, apparel and guns, and the goods or effects, other ihan slaves, which shall be found on board, shall be forfeited, and may be proceeded against in any of the district or circuit courts, and shall be condemned for the use of the offi- cers and crew of the vessels making the seizure, and be divided in the proportion directed in the case of prize : And all per- sons interested in such vessel or in the en- terprize or voyage in which such vessel shall be employed at the time of such cap- ture, shall be precluded from all right or claim to the slaves found on board such vessel as aforesaid, and from all damages or retribution on account thereof: And it shall moreoverbe the duty of the comman- ders of such commissioned vessels, to ap- prehend and take into custody every per- son found on board of such vessel so seized 15* 174 SLAVE TRADE* and taken, being of the officers or crew thereof, and him or them convey as soon as conveniently may be, to the civil authority of the United States in some one of the districts thereof, to be pro- ceeded against in due course of law. Artt 304. Sect. 5. That the district and circuit courts of the United States shall have cognizance of all acts and offences against the prohibitions herein contained. At ^05 Sect. 6. Provided, nevertheless, That nothing in this act contained shall be con- strued to authorize the bringing into ei- ther of the United States, any person or persons, the importation of whom is, by the existing laws of such state, prohibited. Art. 306. Sect. 7. That the forfeitures which shall hereafter be incurred under this, or the said act to which this is in addition, not otherwise disposed of, shall accrue and be one moiety thereof to the use of the informer, and the other moiety to the use of the United States, except where the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. [Approved, 10 May, 1800.] An ACT to prevent the importation of certain persons into certain states, where, by the laws thereof, their admission is prohibited. [Vol. 2, p. 529.] Ajt. 307. [Sect. 1 .] Be it enacted^ S/c. That, from SLAVE TRADE. 175 and after the first day of April next, no master or captain of any ship or vessel, or any other person, shall import or bring, or cause to be imported or brought, any negro, mulatto, or other person of colour, not being a native, a citizen, or registered seaman of the United States, or seamen, natives of countries beyond the Cape of Good-Hope, into any port or place of the United States, which port or place shall be situated in any state which by law has prohibited or shall prohibit the admission or importation of such negro, mulatto, or other person of colour, and if any cap- tain or master aforesaid, or any other person, shall import or bring, or cause to be imported or brought into any of the ports or places aforesaid, any of the per- sons whose admission or importation is prohibited, as aforesaid, he shall forfeit and pay the sum of one thousand dollars for each and every negro, mulatto, or other person of colour aforesaid brought or imported as aforesaid, to be sued for and recovered by action of debt, in any court of the United States; one half there- of to the use of the United States, the other half to any person or persons prose- cuting for the penalty ; and in any action instituted for the recovery of the penalty aforesaid, the person or persons sued may be held to special bail : Provided al- zoays, That nothing contained in this act 176 SLAVE TRADE. shall be construed to prohibit the admis- sion of Indians. Art. 308. Sect. 2. That no ship or vessel arriv- ing in any of the said ports or places of the United States, and having on board any negro, mulatto, or other person of colour, not being a native, a citizen, or registered seaman of the United States, or seamen natives of countries beyond the Cape of Good- Hope as aforesaid, shall be admitted to an entry. And it any such negro, mulatto, or other person of colour, shall be landed from on board any ship or vessel, in any of the ports or places afore- said, or on the coast of any state pro- hibiting the admission or importation, as aforesaid, the said ship or vessel, togeth- er with her tackle, apparel, and furniture, shall be forfeited to the United States, and one half of the nett proceeds of the sales on such forfeiture shall inure and be paid over to such person or persons on whose information the seizure on such forfeiture shall be made. Art. 309. Sect. 3. That it shall be the duty of the collectors and other officers of the customs, and all other officers of the revenue of the United States, in the several ports or places situated as aforesaid, to notice and be governed by the provisions of the laws now existing, of the several states prohibiting the admission or importation of any negro, mulatto, or other person 5LAVE TRADE. 177 •f colour, as aforesaid. And they are hereby enjoined vigilantly to carry into effect the said laws of said states, con- formably to the provisions of this act; any law of the United States to the con- trary notwithstanding. [Approved, 28 February, 1303.J An A.CT to prohibit the importation of Slaves into any port or place within the jurisdiction of the U. States, from and after the first day of Januar/, in the year of our Lord one thousand eight hun- dred and eight. [Vol. 4, page 94.] [Sect. 1.") Be it enacted, fyc. That, from ^ r j. 3 10 and after the first da) of January, one thou- sand eight hundred and eight, it shall not be lawful to import or bring into the Uni- ted States, or the territories thereof, from any foreign kingdom, place, or country, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose of such negro, mulatto, or person of colour, as a slave, or to be held to service or labour. Sect. 2. That no citizen or citizens of Art. 311. the United States, or any other person, shall, from and after the first day of Jan- uary, in the year of our Lord one thou- sand eight hundred and eight, for himself, or themselves, or any other person what- soever,eitheras master, factor, or owner, build, fit, equip, load, or otherwise pre- 178 SLAVE TRADE. pare any ship or vessel, in any pui place within the jurisdiction of the Uni- ted States, nor shall cause any ship or vessel to sail from any port or place with- in the same, for the purpose of procuring any negro, mulatto, or person of colour, from any foreign kingdom, place, or coun- try, to be transported to any port or place whatsoever, within the jurisdiction of the United States, to be held, sold, or dis- posed of as slaves, or to be held to ser- vice or labour : and if any ship or vessel shall be so fitted out for the purpose afore- said, or shall be caused to sail so as afore- said, every such ship or vessel, her tac- kle, apparel, and furniture, shall be for- feited to the United States, and shall be lia- ble to be seized, prosecuted, and con- demned in any of the circuit courts or dis- trict courts, for the district where the said ship or vessel may be found or seized. Art. 312. Sect. 3. That all and every person so building, fitting out, equipping, loading, or otherwise preparing, or sending away, any ship or vessel, knowing or intending that the same shall be employed in Hbn.lt/ T.n 9!i_iftn™.« »«/i ,IU T I V^«^ I UNIVERSITY OF CALIFORNIA LIBRARY ,K.;***v €