BAWSROFT UB8AB BANCROFT LIBRARY 1 9 1343 - #** * w\\ ***^&%^ ^\H^V> \ % ^VV*T- . L.AWS OF THE UNITED STATES, i IN RELATION TO THE . * ' - " ' ' ' ' ' ' ' ' ' - NAVY AND MARINE CORPS; TO THE CLOSE OF THE SECOND SESSION OF THE TWENTY-SIXTH CpNGRESS. TOGETHER WITH THE ACTS AND RESOLUTIONS OF CONGRESS, GRANTING MEDALS, SWORDS, AND VOTES OF THANKS, OR HAVING REFERENCE TO SPECIAL OBJECTS; ALSO, PRIVATE ACTS, FOR THE RELIEF OF INDIVIDUALS, ALPHA- BETICALLY ARRANGED : AND A TABLE OF APPROPRIATIONS AND EXPENDITURES, FOR THE NAVAL SERVICE, FROM * * 1791 TO 1840, BOTH YE^RS INCLUSIVE. ' / TO WHICH ARE PREFIXED THE CONSTITUTION OF THE UNITED STATES, AND A SYNOPSIS OF THE LEGIS- LATION OF CONGRESS, RESPECTING NAVAL AFFAIRS, DURING THE REVOLUTIONARY WAR. AN APPENDIX, CONTAINING THE LAWS PASSED AT THE TWENTY-SEVENTH CONGRESS. PUBLISHED BY AUTHORITY OF THE NAVY DEPARTMENT. COMPILED AND ARRANGED BY BENJAMIN ROMANS, OF THE NAVY DEPARTMENT. WASHINGTON: PRINTED BY J. AND G. S. G1DEOH . 1843. A* PREFACE. A compilation of naval laws was printed in 1826. but it by no means embraced all that had been passed anterior to that date ; and as numerous other laws, having an important bearing upon the interests and operations of the service, have since been enacted, a new compilation was rendered very desirable, if not indispensable. In the attempt now made, it has been thought advisable to embrace all the acts that have been passed, so that the reader might have a view of the whole legislation of Con- gress, concerning the naval establishment, from the forma- tion of the Government. Although many of these laws are obsolete, they will serve to show the gradations through which the navy has risen to its present size. All the acts of a special or private nature may be con* sidered as obsolete, their provisions having been complied with soon after their approval. Their insertion here, how* ever, has been thought appropriate, either to serve as prece- dents for future action, or to show what has heretofore been done in analagous cases. The laws relating to the slave trade, having more or less connection with the operations of our naval forces, and de- fining the duties of commanders in their efforts to suppress it, have been inserted at length, although some of them make no allusion to public vessels ; yet the frequent refer- ence to previous acts seemed to call for the insertion of all. The table of appropriations and expenditures has been compiled with great care from official documents, and ex- hibits the separate and aggregate amounts under each head. The statistical information it conveys will be valuable to the politician and the historian. ' ^ : - TITLES OF ACTS, ARRANGED IN CHRONOLOGICAL ORDER. Approved. Page* 1789, June 1, To regulate the time and manner of administering certain oaths, - 29 " Aug. 7, To establish an executive department, to be denominated the department of war, - - - 29 1794, Jan. 13, Making an alteration in the flag of the United States, - - 30 " Mar. 22, To prohibit the carrying on the slave trade from the U. S. to any foreign place or country, - - - - . - - 30 " Mar. 27, To provide a naval armament, - - - 31 " June 5, To authorize the President of the U. S. during the recess of the present Congress, to cause to be purchased or built a number of vessels, to be equipped as galleys, or otherwise, in the service of the U. S. - 33 1796, Apr. 20, Supplementary to an act, entitled " An act to provide a naval armament," 3E 1797, July 1, Providing a naval armament, - - - - 34 1798, Apr. 27, To provide an additional armament for the further protection of the trade of the United States, and for other purposes, - - . S .- " ^ " Apr. 30, To establish an executive department to be denominated the department of the navy, - ...... 37 " May 4, To authorize the President of the United States to cause to be purchased, or built, a number of small vessels, to be equipped as galleys, or other- wise, - - - - - - - - 38 " June 22, To amend the act, intituled " An act providing a naval armament" and the act intituled, " An act to authorize the President of the United States to cause to be purchased, or built, a number of small vessels, to be equipped as galleys or otherwise," - - 39 " June 22, To extend the privilege of franking letters and packets to the Secretary of the Navy, - - - 39 " June 28, In addition to the act more effectually to protect the commerce and coasts of the United States, - - - 40 " June 30, Supplementary to an act, intituled " An act to provide an additional arma- ment for the further protection of the trade of the United States, and for other purposes," - - 41 " July 11, For the establishing and organizing a marine corps, - 42 " July 16, To make a further appropriation for the additional naval armament, 44 " July 16, To alter and amend the several acts for the establishment and regulation of the treasury, war, and navy departments, - - - 44 1799, Feb. 25, Fixing the pay of the captains and commanders of ships and vessels of war of the United States, - - 45 " Feb. 25, For the augmentation of the navy, - - - 46 " Feb. 25, Authorizing the establishment of docks, - - 47 " Feb. 25, Authorizing the purchase of timber for naval purposes, - ^ -^ - 47 " Mar. 2, Authorizing an augmentation of the marine corps, - 47 11 Mar. 2, For the government of the navy of the United States, - - 47 " Mar. 2, In addition to " An act for the relief of sick arid disabled seamen," - 58 " Mar. 3, Authorizing the President of the U. S. to fill certain vacancies in the army and navy, - - - 58 1800, Apr. 22, Fixing the rank and pay of the commanding officer of the corps of marines, 58 " Apr. 23, For the better government of the navy of the United States, * - - 5* VI. Approved. Page. 1800, May 10, In addition to the act, intituled "An act to prohibit the carrying on the slave trade from the United States to any foreign place or country," - 69 1801, Mar. 3, Providing for a naval peace establishment, and for other purposes, - 71 1803, Feb. 10, Authorizing the sale of a piece of land, parcel of the navy yard belonging to the United States, in Charlestown, in the State of Massachusetts, to the proprietors of the Salem turnpike road and Chelsea bridge corpo- ration, - 72 " Feb. 28, To provide an additional armament for the protection of the seamen and commerce of the United States, - 72 " Feb. 28, To prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited, - 73 1804, Mar. 25, Further to protect the commerce and seamen of the United States against the Barbary powers, - - 74 " Mar. 26, In relation to the navy pension fund, - - - - - 74 * l Mar. 27, Supplementary to the act, intituled " An act providing for a naval peace establishment, and for other purposes," - 75 1805, Mar. 2, To authorize the erection of a bridge across a mill pond and marsh, in the navy yard, belonging to the United States, in the town of Brooklyn, in the State of New York, - - - - - " - 76 *' Mar. 2, To appropriate a sum of money for the purpose of building gun-boats, - 76 1806, Apr. 21, In addition to an act, intituled " An act supplementary to the act providing for a naval peace establishment, and for other purposes," - - 77 " Apr. 21, For fortifying the ports and harbors of the United States, and for building gun-boats, - _ - _ ...77 1807, Feb. 10, To provide for surveying the coasts of the United States, - - 78 *' Mar. 2, To prohibit the importation of slaves into any port or place within the ju- risdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight, - 78 " Mar. 3, In addition to an act, intituled " An act in addition to an act, intituled ' an act supplementary to the act providing for a naval peace establishment, and for other purposes, ' ' - 84 " Mar. 3, Authorizing the employment of the land and naval forces of the United States, in cases of insurrections, ... . 84 " Dec. 18, To appropriate money for the providing 1 of an additional number of gun- boats, - - - - - - -84 1808, Apr. 21, Concerning public contracts, - - - - - -171 1809, Jan. 31, Authorizing the employment of an additional naval force, - - 84 Mar. 3, Further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments, - 85 *' Mar. 3, Authorizing an augmentation of the marine corps, - - 87 " June 28, Concerning the naval establishment, - - 88 1810, Mar. 30, Making an appropriation for the purpose of trying the practical use of the torpedo or sub-marine explosion, - - 88 1811, Feb. 26, Establishing naval hospitals, - - 88 1812, Mar. 30, Concerning the naval establishment, - - 89 " June 26, Concerning letters of marque, prizes, and prize goods, - - - 90 1813, Jan. 2, To increase the navy of the United States, - 91 " Jan. 20, Providing for navy pensions in certain cases, - - - - 9 1 " Feb. 13, Regulating pensions to persons on board private armed ships, - - 92 " Mar. 3, Supplementary to the act for increasing the navy, - - 93 " Mar. 3, For the regulation of seamen on board the public and private vessels of the United States, - - 93 " July 5, Authorizing the President of the United States to cause to be built barges for the defence of the ports and harbors of the United States, - - 96 " July 16, Providing for the further defence of the ports and harbors of the United States, - - 96 *' Aug. 2, To amend and explain the act regulating pensions to persons on board pri- vate armed ships, -. - - 97 1814, Mar. 4, Giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States, - - 97 " Mar. 9, Authorizing the President of the United States to cause to be built, equip- ped and employed, one or more floating batteries, for the defence of the waters of the United States, ... - - 98 Approved. Page. 1814, Apr. 16, Authorizing the appointment of certain officers for the flotilla service, - 98 " Apr. 16, Authorizing an augmentation of the marine corps, and for other purposes, 99 " Apr. 18, Granting pensions to the officers and seamen serving on board the revenue cutters, in certain cases, - - - 100 " Apr. 18, To provide for the collection and preservation of such flags, standards, and colors, as shall have been, or may hereafter be, taken by the land and naval forces of the United States from their enemies, - - - 100 " Apr. 18, Concerning the pay of officers, seamen, and marines, in the navy of the United States, " ... -100 " Nov. 15, Authorizing the President of the United States to cause to be built or purchased, the vessels therein described, - - - 101 " Dec. 15, Directing the staff officers of the army to comply with the requisitions of naval and marine officers, in certain cases, - - - 101 1815, Feb. 7, To alter and amend the several acts for establishing a navy department, by adding thereto a board of commissioners, - - - - 102 " Feb. 27, To repeal certain acts concerning the flotilla service, and for other pur- poses, - .*'-. '' - 103 " Mar. 3, Concerning the naval establishment, - - >- - 104 1816, Apr. 16, In addition to an act, entitled "An act in relation to the navy pension fund," - ... 104 " Apr. 29, For the gradual increase of the navy of the United States, - 106 1817, Feb. 22, To repeal the 2d section of an act, entitled " An act concerning the pay of officers, seamen, and marines, in the navy of the United States," - 107 *' Mar. 1 , Making reservation of certain public lands to supply timber for naval pur- poses, - 108 " Mar. 1 , Supplementary to an act, entitled " An act concerning the naval establish- ment," ..... - 109 " Mar. 3, To amend and explain an " Act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," - - - - 109 " Mar. 3, To provide for the prompt settlement of public accounts, - - 110 " Mar. 3, To fix the peace establishment of the mrrine corps, - - 113 " Mar. 3, Supplementary to an act, entitled " An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments," - - . , . - -113 1818, Apr. 4, To establish the flag of the United States, - 114 " Apr. 14, To repeal part of the act, entitled " An act to provide for surveying the coasts of the United States," - - - - -114 " Apr. 16, In addition to " An act giving pensions to the orphans and widows of per- sons slain in the public or private armed vessels of the United States," - 114 " Apr. 20, Directing the completion of the survey of the waters of the Chesapeake bay, and for other purposes, - - - - -115 *' Apr. 20, In addition to " An act to prohibit the introduction [importation] of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight," and to repeal certain parts of the same, - 115 1819, Mar. 3, Extending the term of half pay pensions to the widows and children of certain officers, seamen, and marines, who died in the public service, - 118 ** Mar. 3, Regulating the payments to invalid pensioners, - - -119 " Mar. 3, To protect the commerce of the United States, and punish the crime of pi- racy, - - - - - - - - 119 *' Mar. 3, Declaring the manner in which the vessels composing the navy of the United States shall be named, - ... 1^0 " Mar. 3, In addition to the acts prohibiting the slave trade, - 121 1820, May 1, In addition to the several acts for the establishment and regulation of the treasury, war, and navy departments, - - - 123 " May 15, To limit the term of office of certain officers therein named, and for other purposes, ........ 125 - ' May 15, Providing for the better organization of the treasury department, - - 126 " May 15, Authorizing the building of a certain number of small vessels of war, - 128 *' May 15, To amend "An act making reservation of certain public lands for naval purposes," passed March 1, 1817, - - - 128 Vlll. Approved. Page. 1820, May 15, 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 provi- sion for punishing the crime of piracy, ' *- 129 " May 15, To amend the act, entitled "An act to amend the act authorizing the em- ployment of an additional naval force," - 130 1821, Mar. 3, To amend the act, entitled " An act for the gradual increase of the navy of the United States," - - - 131 1822, Feb. 23, For the preservation of the timber of tke United States in Florida, - 131 " May 7, Further to amend the several acts relative to the treasury, war, and navy departments, - - - 131 " Dec. 20, Authorizing an additional naval force for the suppression of piracy, - 132 1823, Jan. 30, In addition to "An act to continue in force ' An act to protect the com- merce of the United States and punish the crime of piracy,' and, also, to make further provision for punishing the crime of piracy," - 1 32 " Jan. 31, Concerning the disbursement of public money, - - 132 " Mar. 1, In addition to the act, entitled " An act for the prompt settlement of pub- lic accounts," and for the punishment of the crime of perjury, - - 133 ". Mar. 3, Respecting the punishment of piracy, - - 1 34 " Mar. 3, To direct the withholding of the compensation of certain prize agents, - 134 1824, Jan. 22, Further extending the term of half pay pensions to the widows and chil- dren of officers, seamen, and marines, who died in the public service, - 134 " Apr. 9, Extending the term of pensions, granted to persons disabled, and to the widows and orphans of those who have been slain, or who have died in consequence of wounds or casualties, received while in the line of their duty, on board the private armed ships of the United States, during the late war, - ...... 135 " May 26, Authorizing an examination and survey of the harbor of Charleston, in South Carolina, of St. Mary's, in Georgia, and of the coast of Florida, and for other purposes, - - - - 135 " May 26, To revive and extend the term of certain pensions which have expired by limitation, - - - - 136 1825, Mar. 3, To authorize the building of ten sloops of war, and for other purposes, - 136 " Mar. 3, Authorizing the establishment of a navy yard and depot, on the coast of Florida, in the gulf of Mexico, - - - - - 137 " Mar. 3, More effectually to provide for the punishment of certain crimes against the United States, and for other purposes, - - - 137 1826, May 17, Supplementary to " An act for the gradual increase of the navy of the Uni- ted States," - - 143 " May 22, Directing surveys and estimates for dry docks, .... 142 1827, Jan. 24, Directing the Secretary of the Navy to apply to the Government of Penn- sylvania for jurisdiction over certain lands at the navy yard, Philadel- phia, - 143 " Mar. 3, For the gradual improvement of the navy of the United States, - - 143 1828, Jan. 25, To prevent defalcations on the part of the disbursing agents of the Gov- ernment, and for other purposes, - - - - 144 " May 23, To provide for extending the term of certain pensions chargeable on the navy and privateer pension fund, .... - 145 " May 24, To increase the pay of lieutenants in the navy, - - 145 " May 24, For the better organization of the medical department of the navy of the United States, - - - 146 1829, Jan. 21, To amend an act, entitled " An act for the better organization of the medi- cal department of the navy," approved 24th May, 1828, - 147 1830, May 29, In relation to the compensation of officers of the marine corps, - - 147 1831, Feb. 3, To authorize the construction of three schooners for the naval service of the United States, - - - 147 " Mar. 2, To provide for the punishment of offences committed in cutting, destroy- ing, or removing live oak and other timber, or trees reserved for naval purposes, - - - - - - - -147 1832, Feb. 10, Empowering the Secretary of the Navy to settle certain contracts, and to relinquish certain forfeitures, - - - 149 " May 19, Authorizing the revision and extension of the rales and regulations of the naval service, ----- -149 IX. Approved. Page. 1832, May 25, Respecting the pay of marines, - - ; - . - 149 " June 28, Further to extend the pension [s] heretofore granted to the widows of per- sons killed, or who died in the naval service, - 149 " July 3, To authorize the President of the United States to direct transfers of appro- priations in the naval service, under certain circumstances, - - 150 " July 10, To finish the re-building of the frigate Macedonian, - - 150 " July 10, To provide for paying certain arrearages for surveys made by naval officers, , and for other purposes, - r - 150 " July 10, To provide for re-building the frigate Java and the sloop Cyane, - - 151 " July 10, To provide iron tanks for the use of the navy of the United States, - 151 " July 10, Authorizing the construction of naval hospitals at the navy yards at Charlestown, Massachusetts, Brooklyn, New York, and Pensacola, - 151 " July 10, To carry into effect the act to provide for a survey of the coast of the Uni- ted States, - - 151 " July 10, For the regulation of the navy and privateer pension and navy hospital funds, 152 " July 14, For the relief of the invalid pensioners of the United States, - 153 " July 14, Concerning certain officers of the marine corps, - ,..> v - 153 1833, Mar. 2, In addition to the act for the gradual improvement of the navy of the Uni- ted States, - - - - - - - - 154 " Mar. 2, To improve the condition of the non-commissioned officers and privates of the army and marine corps of the U. States, and to prevent desertion, - 154 " Mar. 2, To authorize the President of the United States to exchange certain lands belonging to the navy yard at Brooklyn, for other lands contiguous thereto, - - - 155 1834, June 19, Further to extend the term of certain pensions chargeable on the privateer pension fund, - - - _'-., - 156 " June 30, For the better organization of the United States " marine corps," - 156 " June 30, Concerning naval pensions and the navy pension fund, - - - 158 " June 30, Making certain allowances, and granting certain arrearages, to the captains and subalterns of the United States corps of marines, - - 1 59 " June 30, To authorize the President of the United States to direct transfers of appro- priations in the naval service, under certain circumstances, - 159 4t June 30, Authorizing the purchase of live oak frames for a frigate and sloop of war, and for other naval purposes, - - - - - -159 " June 30, To provide for re-building the frigate Congress, - - - 160 " June 30, Authorizing the Secretary of the Navy to make experiments for the safety of the steam engine, - - - -- - - -160 1835, Mar. 3, To regulate the pay of the navy of the United States, - - 161 " Mar. 3, Authorizing the construction of a dry dock for the naval service, - - 163 1 836, May 9, Making appropriations for the civil and diplomatic expenses of Govern- ment, for the year 1836, - - J Y-v: , - 164: " May 20, Explanatory of the act entitled " An act to prevent defalcations on the part of disbursing agents of the Government, and for other purposes," - 164. 1 837, Mar, 2, To provide for the enlistment of boys for the naval service, and to extend the term for the enlistment of seamen, - ,v; \ - 164 " Mar. 3, Making appropriations for the naval service for the year 1 837, - - 165 " Mar. 3, To change the titles of certain officers of the navy, > - 165 " Mar. 3, For the more equitable administration of the navy pension fund, - 1 65 " Dec. 22, To authorize the President of the United States to cause the public vessels to cruise upon the coast in the winter season, and relieve distressed na- vigators, - - - - -'- 166 1839, Mar. 3, To authorize the Secretary of the Navy to purchase a tract of land belong- ing to the heirs of John Harris, deceased, being within the limits of the navy yard in Charlestown, Massachusetts, - - - 166 " Mar. 3, Making appropriations for the naval service for the year 1839, - - 167 " Mar. 3, Giving to the President of the U. S. additional powers for the defence of the U. S. in certain cases, against invasion, and for other purposes, - 167 1840, Mar. 4, To continue the office of commissioner of pensions, and to transfer the pen- sion business, heretofore transacted in the navy department, to that office, 168 , " June 19, Making provision for the payment of pensions to the executors or admin- trators of deceased pensioners in certain cases, - - - 1 68 " July 20, Making appropriations for the naval service for the year 1840, - - 169 TITLES RESOLUTIONS AND SPECIAL ACTS. Approved. Page. 1800, Mar. 29, Requesting the President to present a gold medal to Captain Thomas Trux- tun, and respecting the conduct of Midshipman James Jarvis, - - 172 1802, Feb. 3, Expressing the sense of Congress on the gallant conduct of Lieutenant Sterett, the officers and crew, of the United States schooner Enterprise, 172 " Apr. 29, For the relief of the widows and orphans of certain persons who have died in the naval service of the United States. [Lost in ship Insurgent and brigantine Pickering,] - - - 172 1804, Mar. 19, For the relief of the captors of the Moorish armed ships Meshouda and Mirboha, - - 5- - - - - - 173 " Nov. 27, Expressive of the sense of Congress of the gallant conduct of Captain Stephen Decatur, and officers and crew, of the U. S. ketch Intrepid, in attacking, in the harbor of Tripoli, and destroying a Tripolitan frigate of forty -four guns, - - - 1 73 1805, Mar. 3, Expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen, and marines, of his squadron, - 173 1806, Apr. 10, Respecting N. C. Nissen, Danish consul at Tripoli, - - -174 1808, Mar. 13, Remitting the duties payable on the importation of a monument to be erected in memory of the officers of the U. S. navy, who fell during the attack made on the city of Tripoli, in the year 1804, - - 174 1813, Jan. 29, Relative to the brilliant achievements of Captains Hull, Decatur, Jones, and Lieutenant Elliott, - - - - - 175 " Mar. 3, Requesting the President of the U. S. to present medals to Captain Wil- liam Bainbridge, and the officers of the frigate Constitution, - - 175 " Mar. 3, Rewarding the officers and crew of the frigate Constitution, and the offi- cers and crew of the Wasp, - -175 " July 13, To reward the officers and crew of the sloop of war Hornet ; and Lieu- tenant Elliott, and his officers and companions, - ,tt- v.. - 176 " Aug. 2, For the relief of the officers and crew of the late U. S. brig Vixen, - 176 1814, Jan. 6, Expressive of the sense 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, - - - 176 " Jan. 6, Relative to the brilliant achievement of Lieutenants Burrows and McCall, - 177 " Jan. ll, Relative to the brilliant achievement of Captain James Lawrence, in the capture of the British vessel of war the Peacock, - - 177 " Feb. 1 9, Directing a sword to be presented to the nearest male relation of Midship- man John Clark, - - - - - , . - 178 f " Apr. 13, For the relief of David Porter, and his officers and crews, - - 178 " Apr. 18, Authorizing the purchase of the vessels captured on lake Erie, - - 178 " Oct. 20, Expressive of the sense of Congress of the gallant conduct of Captain Tho- mas Macdonough, the officers, seamen, and marines, and infantry serv- ing as marines, on board the U. S. squadron on lake Champlain, - 179 " Oct. 21, Expressive of the sense of Congress relative to the victory of the Peacock over the Epervier, - - - 180 " Nov. 3, Expressive of the sense of Congress relative to the capture of the British sloop Reindeer, by the American sloop Wasp, - - - -180 Xll. Approved. Page. 1815, Feb. 22, Expressive of the high sense entertained by Congress of the gallantry and good conduct of Commodore D. T. Patterson, and Major D. Carmick, and of the officers, seamen and marines, under their command, in the de- fence of New Orleans, - - 180 " Mar. 3, Authorizing the purchase of the vessels captured on lake Champlain, - 181 " Mar. 3, For the relief of sundry persons in the service of the U. S. in consequence of the destruction of their tools by fire at the navy yard, - 181 1816, Feb. 22, Requesting the President to present medals to Captain Stewart, and the officers of the frigate Constitution, - - - - 181 " Feb. 22, Requesting the President to present medals to Captain James Biddle, and the officers of the sloop of war Hornet, 182 " Feb. 28, Rewarding the officers and oew of the sloop of war Hornet, for the cap- ture and destruction of the British sloop of war Penguin, - - 182 " Apr. 2, Placing certain persons on the list of navy pensioners. [Those wounded at Dartmoor prison, England,] - - - - - 182 " Apr. 20, Respecting the late officers and crew of the sloop of war Wasp, - - 182 " Apr. 26, Rewarding the officers and crew of the Constitution for the capture of the British sloop of war Levant, - - - 183 " Apr. 27, Providing for the distribution of $100,000 among the captors of the Alge- rine vessels, captured and restored to the Dey of Algiers, - 183 " Apr. 27, For the relief of George T. Ross, Daniel T. Patterson, and the officers and men lately under their command, - - - 184 1817, Feb. 22, In addition to " An act for the relief of G. T. Ross and D. T. Patterson, and the officers and men lately under their command," - 184 " Mar. 3, For the relief of the widows and orphans of the officers, seamen and ma- rines, who were lost in the U. S. brig Epervier, - 184 1818, Apr. 28, Proclamation of the President U. S. regulating the naval force to be main- tained upon the lakes, - - 185 1819, Feb. 4, Authorizing the distribution of a sum of money among the representatives of Commodore Edward Preble, and the officers and crew of the brig Sy- ren, ..... - 186 1822, Apr. 17, To remit the duties on a sword imported, to be presented to Captain T. Macdonough, of the U. S. navy, - - - 186 " Apr. 26, For the relief of sundry citizens of Baltimore, " May 7, Explanatory of an act for the relief of sundry citizens of Baltimore, - 187 1 824, May 4, Rewarding the officers and crews of two gigs, or small boats, under the command of Lieutenant Francis H. Gregory, of the U. S. navy, - 187 1830, Apr. 24, For the relief of the widows and orphans of the officers, seamen, and ma- rines, of the- sloop of war Hornet, - - 188 1830, May 29, For the relief of sundry owners of vessels sunk for the defence of Balti- more, . - - 188 1831, Mar. 2, Making appropriations for naval service for the year 1831. [Item, for re- moving monument from the navy yard to the Capitol square.] - - 189 1832,. May 5, Making appropriations for the support of Government for the year 1832. [Items, for survey of Narragansett bay ; and to obtain conveyance of a bridge at navy yard, Norfolk.] ... 189 " July 14, To provide for completing the removal and erection of the naval monu- ment, - - -"189 " July 14, For the relief of Thomas Holdup Stevens, and others, - - 190 1833, Mar. 2, For the relief of sundry owners of vessels sunk for the defence of Balti- more, ...---- -"190 1833, Mar. 2, For the relief of the widows and orphans of the officers and seamen who were lost in the U. S. schooner, the Sylph, - - - 190 1834, June 28, To enable the President to make an arrangement with the Government of France, in relation to certain French seamen, killed or wounded at Tou- lon, and their families, - - - 190 1836, May 14, Making appropriations for the naval service for the year 1836. [Authoriz- ing a surveying and exploring expedition. ] - - 191 INDEX. A. Page. Abusing inhabitants on shore, punishment for, ... 53^ g 80, 81, 116, 117 prescribed for various offences, - - 54, 65, 96, 108, 138, 139, 140, 141 Improvement^ the navy, $500,000 appropriated annually, for six years, 143' 154 annual reports of expenditures to be made, - . - 144 articles of durable character to be provided, - - - 165 Increase of the navy, $1,000,000 appropriated annually, for eight years, - . 106 appropriation not to be carried to surplus fund, - - - 107 $500,000 for six years, in lieu of $1,000,000, . .131 Injunctions, on suits by the U. S. manner of obtaining, - - - 127 damages for improper application, - * - - 127 Inspections of provisions to be made, - - - 50, 63 Insurrection, land and naval forces to be employed in cases of, - . 84 Invalids. See pensions. J. Jewels may be received on board public vessels, *"', - 52, 62 Judge advocate, of court martial, his oath, - - 53, 65 of inquiry, his oath, - - - 67 Jurisdiction of State courts, over offences, not impaired, - - - 142 over navy yard at Philadelphia, ceded \to U. S., . - 143 L. Lakes, vessels to be built or procured, for service on, - - - 93 employed on, to be sold, or laid up, - - 103 B XVllI. Lakes, vessels on the, to be sold, except two, .-... 135. proclamation, fixing number of armed vessels to be employed on, - - 185 Land, at navy yard, Charlestown, Mass., portion of, conveyed, - - - -72 not to be purchased, except under a law, - - 125 producing Jive oak and cedar, to be reserved from sale, - . 143 ? 154 exchange of, at navy yard, Brooklyn, N. Y., authorized, - 155 right of heirs of John Harris, at Charlestown, to be purchased, - - 166 Lieutenants, appointment of, - - 31,34,72,77 pay of, - - 32,35,100,145/161 Lieutenant commandant, or commanding, pay off - - 46,145,161 Lights, punishment for holding out false, or extinguishing true, - 139 Live oak. See timber. M. Marine corps, established and organized, - 42 how to be governed, - - 43, 156, 157 staff of, how to be appointed, - - 43, 99, 157 pay of, - - 32, 35, 42, 47, 99, 100 r 147, 149, 153, 157, 159 enlistments in, - - - 36, 37, 43, 87, 154, 157 augmentation of, - - 47, 87, 99, 156 rank and pay of commanding officer fixed, - - 58 brevet rank, - - 99, 153, 157 requisitions on army officers authorized, - - - 1 1 peace establishment of, - - 113- officers of, shall not exercise command over any navy yard or vessel, - 157 relative rank, - - 157 Marines, lieutenants of, to be appointed for frigates, - - 31,34 complement of, for vessels, - - 32, 35, 91 pay of, to be fixed by the President, - ... 33, 35, 43 pay of, 99, 101, 149, 154, 155 not to serve exceeding one year, - - 36 enlistment may be extended beyond one year, - - - 37 enlistments to be for three years, - - 43 five years, ... - 87 four years, 154, 157- may be employed in revenue cutters, - 39 may be employed on shore, or on board vessels, - - - 43 liable to do duty in forts or garrisons, - - - 44 pensions granted for wounds and disabilities, - - 43, 57, 69 exempted from arrest for debt, - - 43, 157 punishment of, - 44 monthly deduction from pay of, for hospital fund, - 58 pensions granted to, - 57, 69 Maltreating inhabitants on shore, punishment for, - - 53, 62 Masters. See sailing masters. Masters commandant. See commanders. Materials, perishable, provided for naval armament, to be sold, - 34 surplus to be kept for future use, - - 34 on hand, may be employed as President shall think best, - 44 for three steam batteries, to be procured, - - - 107 provided for one appropriation, may be used for another, - - - 170 Medals, voted to Captain T. Truxtun, - - 172 Commodore E. Preble, - - - 174 Captain I. Hull, and commissioned officers, - - - - 175 Captain S. Decatur, and commissioned officers, - - - 175 Captain J. Jones, and commissioned officers-, - - - 175 Captain W. Bainbridge, and commissioned officers, - - 175 Captains O. H. Perry, and J. IX Elliott, and commissioned officers, - 177 Lieuts. W. Burrows, and E. R. McCall, and commissioned officers, - 177 Captain J. Lawrence, and commissioned officers, - - 177 Captains T. Macdonough, and R. Henley, Lieut. S. Cassin, and com- missioned officers, - - 179 XiX. Page. Medals, voted to Captain L. Warrington, and commissioned officers, - - - 180 Captain J. Blafceley, and commissioned officers, ... 180 Captain C. Stewart, and commissioned officers, - - -181 Captain J. Biddle, and commissioned officers, - ... igs Medical department, organization of, - - - - - - 146 Merchandise, not to be received on board vessels, without orders, - - 52, 63 Midshipmen, appointment and number of, authorized, - - - 31,34,72,77,85 pay of, - - 32, 35, 100, 162 passed, pay of, - - - - - - - 162 Monument, to memory of officers killed at Tripoli, duties on, remitted, - - 174 appropriation for expense of removing to capital square, - - - igg renewing inscriptions, - - - - - 189 Mulattoes See slave trade. Murder, punishment for, ..... 51 ? Q% } 133 Muster rolls, to be returned to department, ..... 49^ 53 Musters, making or signing false, punishment for, - - - - -53 Mutiny, punishment for, ... 50,53,61 N. Names of vessels, how to be determined, - . 120 Narragansett bay, survey of, to be made, - - - - 189 Naval establishment, origin of the, - - - - - 17 Navigation, of public vessels, care to be used in, - - - - 53 careless, punishment for, ... - - 61 Naturalization, five years residence necessary, - - - - 96 penalty for forging certificates of, . . 95 Navy agent at Washington, ... 75^ 159 term of office limited to four years, ..... 125 yards, surveys to be made, and estimates to be furnished, for docks at, - - 142 plans for improvement of, to be made, and adhered to, - - - 143 punishment for burning buildings, vessels, or stores, in, - - 137 yard, at Charlestown, Mass., or Boston, - - . 72,151,166 Brooklyn, N. Y., or New York, . . 76, 151, 155 Philadelphia, - - - - - - - -143 Washington, D. C., 75, 150, 181 Norfolk, Va., 181 Pensacola, ... . 14^ 159 on the coast of Florida, authorized, - - - - . -137 surveys for, between Apalachicola bay, and Mississippi, - - 172 Neglect of duty, punishment for, - - 51,59,60 Negroes. See slave trade. O. Oaths, form of, for all officers, - ------ 29 for officers of the marine corps, - - - . . - 43 president, members, and judge advocate of courts martial, 53, 54, 65 members and judge advocate of courts of inquiry, - - - 67 auditors empowered to administer, - - - . . -Ill Offences, for enumeration of, See punishment. on shore, to be punished, as if committed at sea, - - - - 61 Offenders, to be detected and apprehended, - - - - . 51, 63 Oppression, punishment for, - - - - - - . -59 Ordinary, vessels to be laid up in, - - - . 77 } gg vessels in, to be employed, - - - - . > -85 Ordinary seamen. See seamen. Orphans, pensions granted to, - - 91, 98, 109, 114, 115, 118, 134, 145, 149, 158, 165 extra pay granted to, for loss of fathers, 172, 182, 184, 188, 190 XX. p. Page. Papers, found on board captured vessels, how to be disposed of, - 50, 60 Pay, of captains, 32, 35, 46, 161 masters commandant, or commanders, - - 46,161 lieutenants commandant, or commanding, - 46,161 lieutenants, - , 32, 35, 100, 145, 161 surgeons and assistant surgeons, - - 32, 35, 75, 100, 146, 147, 161 pursers, . 32, 35, 100 chaplains, - 100, 162 sailing masters, or masters, - 32, 35, 100, 162 second masters and master's mates, - . - -162. passed midshipmen, - , . . - - 162 mishipmen, - - , 100, 162 professors of mathematics, - - - - -162 schoolmasters, - - - - - - , -91 secretaries to commanders of squadrons, - - . -162. clerks, - - ----162 warrant officers, , 100, 163 petty officers, seamen and marines, to be fixed by the President, 32, 35, 39, 101 officers of the marine corps, - 32, 35, 42, 47, 99, 100, 147, 149, 153, 157, 159 revenue cutters, - - ... 47 officers for frigates and other vessels, - - 32, 35, 37 officers and men to be employed in gallies, - - 33, 38, 39 officers of the flotilla service, - ... 98 officers temporarily performing higher duties, - - - - 163 permanent agents, - - 87 to be continued to officers and crews of vessels lost or captured, - - 54, 55, 67 monthly deduction to be made from, for hospital fund, - - - 58 may be suspended by sentence of court martial, - 66 four months' extra, allowed to officers and men discharged, - - 72, 103, 104 half only, to officers not under orders, - .77 25 per cent, additional allowed, 100; repealed, - , - 107 three months' extra, allowed to discharged officers of marine corps, - 113 extra, to widows and orphans, of officers and crews of vessels lost : ship In&urgent and brigantine Pickering, four months, - 172 sloop of war Wasp, - twelvemonths, - - 182 brig Epervier, - six months, - - - 184 ship Hornet, - six months, - - 188 schooner Sylph, six months, - - * 190 extra, to officers and crews of U. S, schooner Enterprise, for capture of Tripolitan corsair, one month, * - 172 ketch Intrepid, for destruction of Tripolitan frigate, two months, > - 173 Mediterranean squadron, for gallant conduct at Tripoli, one month, > - 174 squadron on lake Erie, for capture of British vessels, three months, - - 177 squadron on lake Champlain, for capture of British vessels, three months, - 179 Paying off crews, officer to be present at, - - 63 Peace establishment, provided, * 71, 77 Penalties, ^ee forfeitures. Pensacola, survey of harbor of, - 136 navy yard at, - , - 137 marine railway at, - - - 144 Pension fund, navy, prize money to form a fund for, - 57, 69 public faith pledged to make up deficiency, 57, 69 management and direction of, .... 57,69, 152 annual statement to be rendered, - - 57, 69, 153 monev^ accruing, to be paid to Treasurer U. S., - .74 secretary to be appointed, duties and salary, - - - 75 regulations to be made by commissioners, - - - - 75 accounts to be settled by accountant of the navy, - - - 75 suits to be instituted for recovery of money due, - - 75 money accruing to, how to be recovered, - 104, 105, 106 duties of commissioners assigned to secretary of the navy alone, - 152 clerk to be appointed, duties and salary, - - - - 153 XXI. Page. Pension fund, navy, reimbursement of money lost on bank stock, - 158 privateer, two per cent, on sales of prizes, to be retained, and pledged for support of persons wounded, widows, &c., - - - - 90 pensions granted for wounds and disabilities, - - 92, 97 to widows and orpans, 97, 114, 115, 135, 136, 145, 156 funds reserved from sales, to be paid into the treasury, - - 92 names of wounded to be entered on ships' journal, - 92 quarterly transcripts to be sent to navy department, - 92 explanation of act granting pensions, - 97 management of, assigned to secretary of the navy alone, - 152, 153 Pensions, allowed to officers, seamen and marines, disabled, - - 36, 57, 69 to officers, not to exceed half of monthly pay, - - * 36 to non-commissioned officers, seamen and marines, not to exceed $5 per month, 36 to be granted to officers, &c., of marine corps, .... 43 for long and faithful services, ... 57, gg to seamen in hospital, to be paid to commissioners, - - - 89 to widows and orphans, - 91, 98, 109, 114, 115, 118, 134, 145, 149, 158, 165 to officers and seamen in revenue cutters, - - - - 100 increase of, to full pay, authorized, - - 106 biennial examination of invalids, ..... 119, 153 punishment for forgery of papers to obtain money, - - - - 140 not to be withheld for arrears due to the U. S., - 164 to commence from time of disability, - - - - - 166 transfer of business to the commissioner of pensions, - - - - 168 payment of, to heirs, executors, or administrators, - - - - 1 68 to persons wounded at Dartmoor prison. England, * - - - 182 to certain French seamen wounded, and widows of those killed, at Toulon, - 190 Perjury, and subornation of, punishment for, - - 54, 65, 133 Petty officers, complement of, for vessels, .... 31,34,71,91 pay of, ... 32, 35, 100 what constitutes, - - 49, 64 not be rated less, when transferred, - 49, 64 Piracy, public vessels to be employed in suppressing, - * 119,120,129 crews of merchant vessels may resist attempts, - - 120, 129 punishment for being concerned in, ..... 120,129 forfeiture of vessels engaged in, - - - - - 120 slave trade declared to be, - - ,. - 130 number of vessels to be procured, to suppress, - - - 132 law for suppression of, extended, - - - - 132 authority granted to district courts to punish, - . - - 134 vessels purchased for suppression of, to be sold, - - - - 136 Plundering inhabitants on shore, punishment for, - - 53, 62 Powder, not to be wasted, - 52 Prevarication, punishment for, - . 54, 65 Prisoners, to be confined in a place of safety, - 40 not to be maltreated, - - 50, 60 punishment for refusing to receive under charge, - - 51,64 taken, list of to be transmitted to navy department, ... 56, 60 Prize agents, in arrears, compensation of, to be withheld, - - - - 134 money awarded for the capture of: Moorish ships Meshouda and Mirboha, $13,594 00 - - 173 British frigate Guerriere, - 50,00000 - 175 Java, . - 50,000 00 - 175 sloop of war Frolic, - 25,00000 - - 176 brig Peacock, - 25,000 00 - 176 brig Detroit, A . 12,000 00 ,- - 176 sundry French vessels, at New Orleans, - - - - 178 British squadron on Lake Erie, - 260,000 00 - 179 Lake Champlain, 290,438 19 - 181 sloop of war Penguin, - 25,00000 - - 182 armed vessels Reindeer and Avon 50,000 00 - 183 sloop of war Levant, - 25,00000 - 183 Algerine vessels, - - - 100,000 00 - - 183 XX11. Prize money awarded for capture of: piratical vessels at Barrataria, - $50,000 00 - _ 134 brig Transfer, by U. S. brig Syren, 2,500 00 - - 1 86 two gigs, by Lieut. F. H. Gregory, 3,000 00 - -187 piratical felucca, by Lieut. T H. Stevens, 2,000 00 - - 190 regulations for the distribution of, - - 55, 56, 68 183 portion of, accruing to U. S., to be paid into the treasury, - - .40 may be assigned, but men to be discouraged from selling, - - 49, 64 forfeiture of, for certain offences, ..... 50, 60 portion of, to constitute pension fund, - - - - - 57 punishment for forging papers to obtain, - - - - - 1 40 Prizes, vessels of equal or superior force shall accrue wholly to captors, - 40, 55 in other cases, one half to captors, and one half to U. S., - - 40, 55 court may order sale of, ..... 40 no goods to be taken out of, until condemned, - 60 crews of, to be furnished with statement of accounts, - - - - 63 Proclamation, fixing number of armed vessels to be employed on the lakes, - - 185 Provisions, allowance of, may be shortened, - - - - - - 49 how to be procured, and inspection of to be made, - - - 50 Punishment, extent of and for what offences, - 48, 50, 51 to 55, 59 to 69, 137 to 142 shall not be ordered by officers in temporary command, - - - 48 for offences not specified, - ... 53, 64 of inferior officers, pointed out, ..... 48, 63 not to exceed 1 00 lashes for any one offence, - - 66 corporeal, restored, by sentence of court martial, - - - - 155 for the following offences : abusing inhabitants on shore, - .... 53, 62 burning public property, 53, 62, 137, 138, 140 cowardice, 50, 52, 60 ; cruelty, - - - - - 59 drunkenness, 48, 59 ; desertion, .... 52,53,61 deserting station in battle, 50, 59 ; disobedience, - - 53, 59, 61 extortion, 140 ; forgery, 96, 140: fraud, - 59, 61 holding intercourse with enemies or rebels, - - - 51, 60 making or signing false musters, .... 53 maltreating inhabitants on shore, - ... 53, 62 murder, 5, 162, 138; mutiny, - - 50,53, 133 neglect of duty, 51, 59, 62; oppression, - - - 69 perjury, and subornation of perjury, .... 54, 65, 1 33 plundering inhabitants on shore, - 53, 62 prevarication, 54, 65 ; profane swearing, 48, 59 ; quarrelling, - - 61 rape, 138, 139; robbery, . 51, 139 scandalous conduct, 59 ; sedition, 50, 6 1 ; shooting, - - - 138 sleeping upon watch, 50, 62 ; stabbing, - - - 138 stealing, 50, 139; striking, - - - - - 138 supplying enemies or rebels, - - - - .52 theft, 51, 62; wounding, - - .138 Purchases. See supplies. Pursers, appointment of authorized, ...... 31,34,77 pay of, 32, 35, 100 ; duties of, - 50, 63, 87 to give bonds (see also, pages 126, 133,) - 87, 90, 109 to be nominated to the Senate, - 90 Q- Quarrelling, forbidden, 51 ; punishment for, - .61 R. Railway, marine, at Pensacola, authorized to be built, - - 144 Rape, punishment for, 138, 139 Rations, number allowed to officers, seamen, and marines, ... 32, 35 component parts of, - - 32,35,71 double, allowed to commanders of squadrons, - - - 46 xxlii. Page. Rations, sixteen per day, allowed to commanding officer of the navy, - - - 40 of seamen, &c., in hospital to be deducted, - 9 one only to be allowed to each officer at sea, - - - - - 1 63 Rebels, punishment for holding intercourse with, ., 51,60 supplying, - - 52 Revenue cutters, strength of, may be increased, - - - - 36, 39 how to be employed, - - 36, 46 compensation to officers, and mariners of, - . 3$, 47 may be employed in defence of the sea coast, - - - 46 duty of officers, respecting slave trade, - - - .74 pensions to officers and seamen, - - - - - 1 00 may be placed on the naval establishment, and governed by rules thereof, 46 Robbery, punishment for, - - - - - " . 51,139 Rules and regulations, adopted, - ... 35, 37 applied to revenue cutters in certain cases, - - - 47 to be conformable to act of Congress, - - - - 57 to be prepared by navy commissioners, - - - - 102 revision of, by a board, directed, - - - - 1 49 S. Sailing masters, appointment of, authorized, - - - - - 31, 34, 77 pay of, 32, 35, 100, 162; duties of, - - 71 title of, changed to masters, - - . - - -165 Sailmakers, appointment of, 31, 34, 77 ; pay of, 32, 35, 100, 163 Salvage, allowed on vessels recaptured, - .... 40, 56 Scandalous conduct, punishment for, - - - . - - -59 Schoolmaster, pay of, - - - - - - . . -91 Seamen, complement of, for vessels, ----- 32,34,71,91 pay of, . 33, 35, IQO not to serve exceeding one year, - - - - - - 36 enlistment of, may be extended beyond one year, - - - - 37 not exceeding two years, - - - - - 85 for three years authorized, - - - - - 1 30 five years, - - - - - - -164 to be entered on ship's books, - ... 43, 63 additional number authorized in revenue cutters, - - - - 39 quota of, for frigates, may be varied by the President, - 42 exempted from arrests for debt, - - - - - .43 punishment of. See punishment. not to be rated less, when transferred, - - - - - 49- transfer of, to be accompanied with list, - - - - - 49 monthly deduction from pay of, for hospital fund, - - - -58 pensions granted to, for wounds, disabilities, or long services, - 57, 69 number of, authorized to be employed, ... 77, 84, 85, 89, 93 admission of into hospitals, - - - - _ - - -89 none but citizens of the U. S. to be employed, - - - - 93 naturalized, to produce certificates, - - - - - - 94 lists of, in private vessels, to be examined and recorded, - - - 94 certified copy of list, admitted as evidence, - - - - - 94 regulations to be made, as to proofs of citizenship, - - 94 foreign not to be admitted as passengers, in foreign ports, - - 94 penalty for employing in public or merchant vessels, - - - 95 penalty for forcing on shore, or leaving behind, - - - 140 to be sent home on expiration of service, - - - - - 1 64 extra pay to, if detained beyond expiration of service, - - - - 165 Secretary of war, appointment and duties of, - - - - - - 29 powers transferred to secretary of the navy, - - - - 38 Secretary of the navy, appointment and duties of, 37, 38 ; salary of, - - 38, 58 in case of vacancy, principal clerk to take charge, - -38 franking privilege granted to, - - - - 39 Sedition, punishment for, ..... 50,61 Sentence of courts martial, to be confirmed before execution, ... 54, 66 XXIV. Page. Sentence of courts martial, remission of, - 54, 66 to be transmitted to commander of the fleet, or the navy department, - 54 Shore, offences on, to be punished as if at sea, - - 61 punishment for abusing, maltreating or plundering inhabitants on, - 53, 62 Short allowance of provisions, authorized when necessary, . 49 Shot, not to be wasted, - - - - 52 Sick, place to be provided for, on board ship, - 49, 63 Silver, may be received on board public vessels, - 52, 62 Slave trade, to foreign countries, prohibited, - 30 importation of negroes into States where prohibited, forbidden, - - 73 the U. S. after Jan. 1, 1808, prohibited, - 78 vessels engaged in, forfeited, 30, 69, 70, 89, 81, 115, 123 penalty for building or fitting out vessels for, - - 30, 69, 79 foreign vessels, suspected, to give bond, * - - - 31 penalty for taking slaves on board vessel, - - 30, 79, 81, 82 citizens of U. S. forbidden to have any interest in, . - 69, 79 to serve on board vessels engaged in, 70 U. S. ships authorized to seize vessels engaged in, - - 70, 81, 121 vessels having slaves on board, not to be admitted to entry, - 73 penalties for importing or transporting slaves, or being in any wise engaged in, - - 70, 73, "/8, 79, SO, 115, 116, 117, 118, 121, 122 duties of collectors and other officers, 74, 83 disposal of Africans found onboard vessels captured, - 82 regulations for coastwise transportation, - 82, 83 public vessels to cruise on coast of Africa, - - 121 agency on coast of Africa established, bounty on each negro, brought in the U. S , declared piracy, - Sleeping upon watch, punishment for, - Slops, to be furnished to men, - Spies, punishment of - Stealing, punishment for, Steam engines, for three batteries, to be procured, experiments to be made, to test the safety of, - 122 - 122 - 130 50, 62 - 49 52, 61 50, 139 - 107 - 160 vessels of war, three authorized to be built, - - - - 167 Storekeeper, appointment of, - ... 70 ship, building of, authorized, - ... - 160 Stores, not to be wasted, - 52 Striking inferior officers, forbidden, - - 48, 63 St. George's bank, examination of, to be made, - 78 St. Mary's, Georgia, survey of harbor of, authorized, - - - 135 Subsistence. See pay. Supplies, how to be procured, - ..... 45, 87 agents and contractors for, to render accounts, - 45 purveyor of, his duties, .... 45, 86, 87 to enemies or rebels, punishment for furnishing, - - - 52 Surgeons and surgeon's mates, appointment of, - - 31, 34, 77 pay of, 32, 35, 75, 100, 146, 147, 161 of the fleet, - ....... 146 assistant, examination and pay of, ..... 146,161 Surplus fund, unexpended balances to be carried to, - - - - 123 Survey of the coast, authorized, .... 78,114, 151 waters of the Chesapeake bay, - - - - - -115 Charleston, S. C., St. Mary's, Ga., and coast of Florida, - - - 135 coast from Apalachicola bay to mouth of Mississippi, - - - 170 waters of Narragansett bay, for naval depot, - - - 189 Surveyor, of lands containing live oak and cedar timber, appointment of, 108, 128 Swearing, profane, punishment for, ...... 48, 59 Sword, presented to Commodore Macdonough, duties on, remitted, - - 186 Swords, voted by Congress, to: Lieut. [Andrew] Sterett, of schooner Enterprise, for capture of Tripolitan cor- sair, ... . 172 Captain Stephen Decatur, for destroying Tripolitan frigate, - - 172 XXV. Swords, voted by Congress to : Page. Oflicers of Me iiterranean squadron, who distinguished themselves at Tripoli, - 174 Lieut [J. D.] F.lliott, for capture of British brigs Detroit and Caledonia, - 175 nearest male relative of Midshipman John Clark. - - - - 118 midshipmen and sailing masters of squadron on lake Erie, , - - - 177 Ghamplain, - 179 ship Peacock, - 180 ship Wasp, - 180 T. Tanks, iron, for use of the navy, to be provided, - ~ - - - 151 Testimony before courts martial, to be on oath, - - - - 65 Thanks, voted by C< -ngress. to : Commodore E. Preble, olficers and crews, for attacks on Tripoli, - - 173 Commodore O. H. Perry, officers and crews, for victory on lake Erie, - - 176 Commodore T. Macdonough, officers and crews, for victory on lake Champlain, 179 Theft, punishment for, - - - - 51,62 Timber, on hand, may be emploved as President shall think best, - - 44 $200,000 appropriated for purchase of, - ... - 47 $200,000, annually for three years, appropriated for purchase of, - 89, 104 public lands producing, to be explored and reserved from sale, - 108, 143 penalty for cutting or removing from public lands, - - 108, 147, 154 authority to appoint agents and surveyor, repealed, - - 128 naval forces to be employed in protecting, - - 131 suitable for naval purposes, to be procured, - - 143, 154 live oak growing on public lands, to be preserved. - - 143, 154 duties of collectors and others, to prevent depredations on, - - 154 for a frigate and sloop of war, to be procured, - - 159 Titles of masters commandant and sailing masters, changed, - - 165 Tools, destroyed at Washington navy yard, to be valued and paid for, - 181 Torpedo, experiments to be made with, .... - 88 Transfers, from one appropriation to another, to be made, - 86, 113, 150, 159 special account of, to be rendered to Congress, . - 86. 150, 159 of appropriations for one year, not permitted to another, - - 124 heads of appropriation, to and from which to be made, specified, - 124 of provisions, materials, or other stores, authorized, - - 170 from one appropriation to another, to be repaid, - - 170 Travelling expenses, ten cents per mile, allowed for, - - - - 163 Treasurer of the United States, to disburse money for navy department, - 44, 1 1 1 to receive and disburse money, accruing to pension fund, - 74, 152 render quarterly accounts of pension fund, - - 74 warrants on. to specify appropriations, - 85 duties as agent of war and navy departments to cease, - - 131 Treasury notes, balances arising from loss on, not to be stopped from pay due, - - 144 losses on, allowed to individuals, - - - 195, 196, 197, 206 V. Vacancies, may be filled by the President, in recess of the Senate, - 36, 37, 39, 43, 58 Vessels, authorized to be built, procure 1, or purchased. See armament. by what grades to be commanded, - - - - - -45 court martial to be held, to inquire into loss of, 54, 67 certain, authorized to be sold, 7 1 ; others laid up, - - - 88 when out of repair, may be sold, - - - - - 78 manner in which they shall be named, - - - - - 1 20 on the lakes, to be sold except two, - . - - - 136 punishment for burning or destroying, - - - 140,141 purchase of, captured on lake Krie, authorized, - - - - - 17S Champlain, authorized, - - - - 181 sunk at Baltimore, compensation made ibr, 187,188,190 proclamation fixing number of armed, to be employed on the lakes, - - 185 G XXVI. Vixen, brig, accounts of officers and crew of, to V r essels, of the navy, alluded to by name : Page. Adams, frigate, - - 71, 89 Block ship at New Orleans, - - 107 Boston, frigate, - 71, 90 Constitution, frigate, 34, 71, 175, 183 Constellation, frigate, 34, 71, 89, 172 Congress, frigate, - - 71,160 Chesapeake, frigate, - 71, 89 Chippewa, ship of the line, - - 137 Cyane, sloop, - 151 Essex, frigate, 71, 85 Epervier, brig, - * 184 Enterprise, schooner, - - 172 Guerriere, frigate, - - - 186 Gen. Greene, frigate, 71, 90 Hornet, sloop, - - 176, 182, 188 be settled, Insurgent, frigate, John Adams, frigate, * Java, frigate, - Paul Jones, frigate, Levant, sloop, - Macedonian, frigate, New York, frigate, New Orleans, ship of the line, - Philadelphia, frigate, - President, frigate, Pickering, brig, Syren, brig, Sylph, schooner, United States, frigate, Vixen, brig, Wasp, sloop, * Page - 176 - 172 71, 85, 173 - 151 - 160 - 160 - 150 - 90 . 137 71, 90, 173 - 85 - 172 - 186 - 190 34, 71,85, 175 - 176 175, 176, 180, 182 W. Wages, may be assigned, but men are to be discouraged from selling, - 49, 64 punishment for forging papers to obtain, ... . 146 Warrant officers, appointment of, - - - - - 31, 34, 42 pay of, - - 32, 35 not to be discharged by commanders, - 48, 63 Waste of public stores, forbidden, - - 52, 62 Witnesses before courts martial, oath of, - 54 Widows, pensions granted to, - - 91, 98, 109, 114, 115, 118, 134, 145, 149, 158, 165 extra pay granted to, for loss of their husbands, 172, 182, 184, 188, 190 Wounds. See pensions. INDEX TO INDIVIDUALS NAMED IN THE FOLLOWING LAWS. Armstrong, Francis W., marshal, Armstrong, Andrew, navy agent, Acken, William D., agent, Page. - 193 - 193 - 193 Barron, James, captain, - - 193 Bainhridge, William, captain, 173, 174, 175 Bainbridge Joseph, captain, - - 194 Blakeley, Johnson, captain, 180, 182, 194 Biddle, James, captain, - - 182 Bush, lieut., - - 175 Burro wes, William W., lieut., - 177 Brooks, John, lieut. marines, - - 177 Bolton, William C., captain, - - 196 Babbit, Edward B., lieut., - - 195 Babbit, Mary J., - - - 194 Bourne, Benj. F., purser, - - 196 Bostwick, Melancton W., purser, 196 Brodie, Charles D., - - - 194 Barnes, Francis, contractor, - - 195 Brown, Noah and Adam, contractors, - 195 Briggs, John P., acting surgeon, - 195 Bassett, James, - - - 195 Caldwell, James R., lieut, - - 174 Claxton, Thomas, jr., midshipman, - 177 Clark, John, midshipman, - - 178 Cassin, Stephen, lieut. , Carmick, Daniel, major marines, 180 Carter, John K., lieut., - - 196 Claxton, Alexander, master commandant, 1 96 Chauncey, Wolcott, captain, - - 197 Clark, James H., purser, - - 196 Cannon, Joseph S., midshipman, - 197 Crabb, Horatio N., lieut. marines, - 197 Chever, Mary, - 196 Dale, Richard, captain, - - 197 Decatur, James, lieut., - - 174 Decatur, Stephen, captain, 173, 175, 184 Decatur, Susan, - - 199 Dorsey, John S., midshipman, - - 174 Duncan, Silas, lieutenant, - - 198 Dornin, Thomas A., lieutenant, - 198 Downes, John, captain, - - 198 Dobbins, Daniel, - - 198 Devlin, John S., sergeant marines, . - 198 Dow, Jesse E., - - 199 Denny, Penelope, - - 198 Denison, Leonard, contractor, - - 199 Elliott, Jesse D., lieut. & capt. Ely, Elisha, contractor, Funk, lieut, - Finch, William B., captain, Foltz, Jonathan M., surgeon, - Fanning, John B., purser, Fulton, Robert, Page. 175, 176, 177 . 199 . 175 - 199 - 201 - 199 - 200 Gamble, Peter, lieutenant, - - 179 Gregory, Francis H., lieutenant, 187, 201 Gamble, John M., lieut. colonel marines, 201 Gist, Spencer C., midshipman, - 201 Glenn, Elias, - - - - 201 Hull, Isaac, captain, - - - 175 Henley, Robert, captain, - - 179 Harding, Seth, captain, - - 201 Hall, John, major marines, - - 202 Hooker, Samuel F., contractor, - 202 Holland, John H., marshal, - - 202 Hewitt, Benjamin, contractor, - - 203 Israel, Joseph, lieutenant, - - 174 Jarvis, James, midshipman, - - 172 Jones, Jacob, captain, - - 175,176 Jones, Thomas Ap C., lieutenant - 203 Johnston, George, - >~ 203 Judge, John, - - ' - - 203 Jones, Ezekiel, capt. revenue service, - 203 Kennedy, Edmund P,, captain, - 204 Keep, Samuel, contractor, - - 204 Lawrence, James, captain, 176, 177 Laub, Henry, midshipman, - - 177 Little, George, captain, - - 204 Loomis, Erastus, acting lieut. marines, 204 Lee, Edward, contractor, - - 204 Livingston, Taliaferro, marshal, - 205 Lacy, John, contractor, - - 205 Loomis, Jairus, sailing master, - - 205 Murray, Alexander, captain, - - 206 McCall, Edward R., lieutenant, - 177 Macdonough, Thomas, captain, 179, 186 Maguire, John H,, agent, *. - 206 Mix, Mervin P., lieutenant, - - 206 McKeever, Isaac, lieutenant, - - 206 Mallaby, Francis, sailing master, %- 207 XXVlll Mays, Elizabeth, Nicholson, John, marshal, Noble, .Tames, acting lieutenant, Nissen, JXicholas C., Danish consul, Page. - 206 - 207 - 207 - 174 Preble, Edward, commodore, 173, 174, 186 Perry. Oliver H.. captain, 176, 177, 179 Patterson. Daniel T , captain, 180, 184, 208 Pendieton, Benjamin, - 208 Porter, David, captain, - - 178 Paine, Thomas, - - - 209 Percival. John, master commandant, - 209 Perry, Matthew C., master commandant, 209 Parker, Foxhall A., captain, - - 209 Pickering, Charles W., midshipman, - 209 Reynolds, John G., lieutenant marines, 210 Ruff, Samuel W., surgeon, - - 210 Richardson, Henry, marine, -210 Rudd, John, lieutenant, - 211 Rodgers, John, captain, - 173 Ross, George T., . - 184 Reed, Rufus S., - 210 Sterett, Andrew, lieutenant, - -172 Somers, Richard, captain, - 174 Stansbury, John, lieutenant, - - 179 Stewart, Charles, captain, - 181, 182, 186 Stevens, Thomas H., lieutenant, - 190 Satterwhite, Edwin T M purser, - .211 Shields, Thomas, purser, - - 211 Stockton, Robert F., lieutenant, 211 Page. Stiles, John S., - 212 Scrivener, James, seaman, - - 212 Sloat. John D-. master commandant, - 212 Storer, George W . captain, - - 213 Shubrick, Ed, van! R., - - 213 Smith, Richard, lieut. col. marines, - 213 Truxtun, Thomas, captain, - - 172 Taylor, Richard, commodore, - - 213 Turner, Thomas, accountant, - - 213 Timberlake, John, purser, - - 214 Tucker. Samuel, captain, - 214 Tucker, James, - - - 214 Turner, Daniel, captain, - 214 Valenzin, David, - 214 Voorhees, Philip F., captain, - - 215 Wadsworth, Henry, lieutenant, - 174 Warrington. Lewis, captain, - - 180 Whipple, Abraham, captain, - - 215 Wilkinson, Jesse, master commandant, 215 Wilkes, Charles, jr., lieutenant, - 215 Webster, John A., sailing master, - 216 Woolsey, Melancthon T., captain, - 216 Wiltbank, James, chaplain, - - 216 Walker, Dudley, purser, - 216 Yarnall, John J., lieutenant, - - 216 Zantzinger, William P., purser, - 217 CONSTITUTION WE, the People of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general wel- fare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. SECTION I. All Legislative powers herein granted shall be vested in a congress. Congress of the United States, which shall consist of a Senate and House of Representatives. SECTION II. The House of Representatives shall be composed of mem- K'cSn.^ 8 ' bers chosen every second year by the people of the several States, and the electors in each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State Legislature. No person shall be a Representative who shall not have at- Q Ua iifi CatiOBa O f tained to the age of twenty-five years, and been seven years Representatives. a citizen of the United States, and who shall not, when elect- ed, be an inhabitant of that State in which he shall be chosen. Representatives and direct taxes shall be apportioned among Apportionment the several States which may be included within this Union, ofrepres'ntatives ,. * i i i 11 t and direct taxes, according to their respective numbers, which shall be determin- ed by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indi- ans not taxed, three-fifths of all other persons. The actual enu- meration shall be made within three years after the first meet- ing of the Congress of the United States, and within every sub- sequent term of ten years, in such manner as they shall by law ye^ a every 1G direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Planta- tions one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia. ten, North Carolina five, South Carolina five, and Georgia three. vacancies, how When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of elec- tion to fill such vacancies. SS!^efc The House of Representatives shall choose their Speaker meats impeach " an< i other officers ; and shall have the sole power of impeach- ment. SECTION m. senate, how cho- rpj^ Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years ; and each Senator shall have one vote. senators classed. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of die second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be Sed? Cfe8> h >W chosen every second year ; and if vacancies happen by resigna- tion or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appoint- ments, until the next meeting of the Legislature, which shall then fill such vacancies. f No P erson sn all be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabi- tant of that State for which he shall be chosen. vice ^president The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they -be equally divided. officer, of sen- The Senate s | iall c hoose their other officers, and also a Pre- sident pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States. w r n fiwp ' cll ~ ^ ne Senate shall have the sole power to try all impeach- ments : when sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried the Chief Justice shall preside: and no person shall be convict- ed without the concurrence of two-thirds of the members pre- sent. Judgment in cases of impeachment shall not extend farther than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States : but the party convicted shall nevertheless be liable and Effector, subject to indictment, trial, judgment and punishment, accord- to law. SECTION IV. The times, places and manner of holding elections for Sen- ators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and congress such meeting shall be on the first Monday in December, un- bl< less they shall by law appoint a different day. SECTION v. Each House shall be the judge of the elections, returns and Elections, how- qualifications of its own members, and a majority of each shall judgedt constitute a quorum to do business ; but a smaller number may Quorum. adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such Absent member* penalties as each House may provide. Each House may determine the rules of its proceedings, pun- Rules, ish its members for disorderly behavior, and with the concur- rence of two-thirds expel a member. Expulsion. Each House shall keep a journal of its proceeding's, and from Journals to be ,. ' . kept and publish- time to time publish the same, excepting such parts as may m ed. their judgment require secrecy ; and the yeas and nays of the Yeas and nays: members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither House, during the session of Congress, shall, without Adjournment, the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. SECTION VI. The Senators and Representatives shall receive a compen- compensation, sation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony and breach of the peace, be privileged Pnvile & e3 - from arrest during their attendance at the session of their're- spective Houses, and in going to or returning from the same ; and for any speech or debate in either House, they shall not be questioned in any other place. No Senator or Representative shall, during the time for Members not ap ~ which he was elected, be appointed to any civil office under pointedto the authority of the United States, which shall have been cre- ated, or the emoluments whereof shall have been increased, during such time : and no person holding any office under the United States shall be a member of either House during his continuance in office. be members SECTION VII. Revenue bills. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose, or concur with, amendments, as on other bills. Snted^othepre Every bill which shall have passed the House of Represen- sident. tatives and the Senate, shall, Wore it become a law, be pre- sented to the President of the United States ; if he approve he gj^ij gi g n ^ k u t if noj . ^ gna u retum j tj ^ifa hjg objections, to that House in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider hLv e eto! ngs n iL If afte1 ' sucn reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objec- tions, to the other House, by which it shall likewise be recon- sidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be Bins to be laws returned by the President within ten days (Sundays excepted,) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. joint orders or Every order, resolution, or vote to which the concurrence of a^roveTV^he ^ ie Senate anc ^ House of Representatives may be necessaiy President. y (except on a question of adjournment) shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescrib- ed in the case of a bill. SECTION VIII. powers of Con- The Congress shall have power to lay and collect taxes, du- gress to lay tax- .. -. . ,111 i i / .t eB,paydebte,gen-ties, imposts and excises, to pay the debts and provide for the SSunffonn' du ~ common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States ; Borrow money. TO borrow money on the credit of the United States; commerce. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes ; Naturalization. To establish a uniform rule of naturalization, and uniform Bankruptcy. laws on the subject of bankruptcies throughout the United States ; coin money. To coin money, regulate the value thereof, and of foreign wights *- co j n ^ an j x fo e standard of weights and measures; Counterfeiting. To provide for the punishment of counterfeiting the securi- ties and current coin of the United States; Poet roads. To establish post offices and post roads; Promote am and To promote the progress of science and useful arts, by se- curing for limited times to authors and inventors the exclusive science. right to their respective writings and discoveries ; To constitute tribunals inferior to the Supreme Court; inferior courts. To define and punish piracies and felonies committed on the Piracies, &c. high seas, and offences against the law of nations ; To declare war, grant letters of marque and reprisal, and Declare war and make rules concerning captures on land or water ; To raise and support armies, but no appropriation of money Raise armies, to that use shall be for a longer term than two years; To provide and maintain a navy ; Navy. To make rules for the government and regulation of the land Rules and arti - , ,, clesofwar. and naval forces ; To provide for calling forth the militia to execute the laws ,9^1 out the mi ~ ,. f t r . i htra. of the Union, suppress insurrections and repel invasions ; To provide for organizing, arming, and disciplining the mi- ^SSmaitia*" litia, and for governing such part of them as may be employed in the service of the United States, reserving to the States re- spectively, the appointment of the officers, and the authority officers, miittia. of training the militia according to the discipline prescribed by Congress ; To exercise exclusive legislation in all cases whatsoever, Exclusive iegu- over such district (not exceeding ten miles square) as may, by o a fGovernment at cession of particular States, and the acceptance of Congress, become the seat of Government of the United States, and to exercise like authority over all places purchased by the con- sent of the Legislature of the State in which the same shall be, And over fortg for the erectipn of forts, magazines, arsenals, dock-yards, and arsenals, docks* other needful buildings ; And To make all laws which shall be necessary and proper for TO make gener- carrying into execution the foregoing powers, and all other pow- powSnto eS ers vested by this Constitution in the Government of the Uni- ted States, or in any department or office thereof. SECTION IX. The migration or importation of such persons as any of the importation of States now existing shall think proper to admit, shall not bef 8 a ^ sallow ' dul1 prohibited by the Congress prior to the year eighteen hundred and eight, but a tax or duty may be imposed on such importa- tion, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be sus- Habeas corpus, pended, unless when in cases of rebellion or invasion the pub- lic safety may require it. No bill of attainder, or ex post facto law, shall be passed. A "f l n lf ? nd er my . . -i ill i pOSL laClO laWS IN o capitation, or other direct tax, shall be laid, unless in Direct taxes. proportion to the census or enumeration herein before directed to be taken. No tax or duty shall be laid on articles exported from any State. NO exportation No preference shall be given by any regulation of commerce commerce be- or revenue to the ports of one State over those of another: nor tween the States - shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. 6 from e ueasuly! r '" N O mone y sna M ^ e drawn from the treasury, but in conse- quence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public mo- TO be published, ney shall be published from time to time. NO nobility. No title of nobility shall be granted by the United States : and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any pre- and e tmesr esents sent > emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. SECTION x. No State shall enter into any treaty, alliance, or confedera- Powers denied to . , , , f J , i the states. tion ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a ten- der in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. other powers de- No State shall, without the consent of the Congress, lay any ied to states, imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws : and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the revi- sion and control of the Congress. Further denial of No State shall, without the consent of Congress, lay any duty powers to states. o f tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. SECTION I. President United The Executive power shall be vested in a President of the states, United States of America. He shall liold his office during the term of four years, and, together with the Vice President, cho- sen for the same term, be elected as follows : Each State shall appoint, in such manner as the Legislature Electors, how ap- , n . , & pointed. thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress : but no Senator or Represen- tative, or person holding an office of trust or profit under the United States, shall be appointed an elector. Electors to meet, The electors shall meet in their respective States, and vote 5dent el lnd a vice^y ballot f r two persons, of whom one at least shall not be an President. inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representa- d h Sl r congress. n " tives, open all the certificates, and the votes shall then be count* ed. The person having the greatest number of votes shall be the President, if such number be a majority of the whole num- ber of electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the House of "Representatives shall immediately choose, by bal- to lot, one of them for President; and if no person have a majo- tors fail - rity, then from the five highest on the list the said House shall, in like manner, choose the President. But in choosing the- President, the votes shall be taken by States, the representation Votes by states, from each State having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more vice President. who have equal votes, the Senate shall choose from them by ballot the Vice President.* The Congress may determine the time of choosing the elec- Election & meet- tors, and the day on which they shall give their votes; which mgof day shall be the same throughout the United States. No person except a natural born citizen, or a citizen of the Qualifications O f United Stated at the time of the adoption of this Constitution, President - shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the President from office, or of his jfcmov aMeath, death, resignation, or inability to discharge the powers and du- ties of the said office, the same shall devolve on the Vice Pre- sident, and the Congress may by law provide for the case of re- moval, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall. act accordingly, until the disability be re- moved, or a President shall be elected. The President shall, at stated times, receive for his services, compensation of a compensation, which shall neither be increased nor diminish- ed during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. Before he enter on the execution of his office, he shall take the following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully exe- oath. cute the office of President of the United States, and will, to the best of my ability, preserve,* protect and defend the Constitu- tion of the United States." SECTION II. The President shall be eominander-in-chief of the army and Powers and du- i __,..,_. , , .... - , J T ties of the Presi- navy of the United States, and of the militia of the several dent. * This clause of tHe Constitution has been amended. See twelfth article of the amendments, page 14. 8 States, when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject rela- ting to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of Ap bli int ffi Cnl s of t ne Senate, to make treaties, provided two-thirds of the Sena- tors present concur ; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be es- tablished by law : But the Congress may by law vest the ap- pointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of Depart- ments. vacancies in of- ' The President shall have power to fill up all vacancies that fice * may happen during the recess of the Senate, by granting com- missions which shall expire at the end of their next session. SECTION III. Further powers He shall from time to time give to the Congress information sident Uties fPre ~ f tne state f tne Union, and recommend to their considera- tion such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them; and, in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambas- sadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the offi- cers of the United States. SECTION IV. The President, Vice President and all civil officers of the impeachment. United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. SECTION I. judiciary, and te- The Judicial power of the United States shall be vested in nure of Judges. Q ^ Q Supreme Court, and in such inferior courts as the Con- gress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. SECTION n. Powers of the ju- The Judicial power shall extend to all cases in law and equi- ty, arising under this Constitution, the laws of the United States, and the treaties made, or which shall be made, under their au- thority ; to all cases affecting ambassadors, other public min- isters, and consuls; to all cases of admiralty and maritime ju- 'risdiction ; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State ; between citi- zens of different States ; between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof, and foreign States, citizens or sub- jects.* In all cases affecting ambassadors, other public ministers and j urisdiction of consuls, and those in which a State shall be a party, the Su- supreme couru preme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appel- late jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall Trials by jury, be by jury ; and such trial shall be held in the State where the said crimes shall have been committed ; but when not commit- ted within any State, the trial shall be at such place or places And where hew. as the Congress may by law have directed. SECTION III. Treason against the United States shall consist only in levy- Treason . ing war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment No corruption of of treason, but no attainder of treason shall work corruption of wood, blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. SECTION I. Pull faith and credit shall be given in each State to the pub- Acts of states ac- lic acts, records, and judicial proceedings of every other State. cr And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. SECTION n. The citizens of each State shall be entitled to all privileges privileges of citt- and immunities of citizens in the several States. A person charged in any State with treason, felony, or other Fugitives from crime, who shall flee from justice, and be found in another j*jjjjj to be de- State, shall, on demand of the Executive authority of the State LV from which he fled, be delivered up to be removed to the State having jurisdiction of the crime. No person held to service or labor in one State under the Fugitive slaves to laws thereof, escaping into another, shall, in consequence of any be [ehvered up * law, or regulation therein, be discharged from such service or * See Amendments art. XL 10 labor, but shall be delivered up on claim of the party to whom such service or labor may be due. SECTION III. ifew states New States may be admitted by the Congress into this Union ; but no new States shall be formed or erected within the juris- diction of any other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislature of the States concerned, as well as of the Congress. Territory and The Congress shall have power to dispose of and make all nif SSte? of needful rules and regulations respecting the territory or other pro- perty belonging to the United States; and nothing in this Claims Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. SECTION IV. republican form The United States shall guaranty to every State in this Union prSection m of n ije a re P ub lican form of government, and shall protect each of them states, against invasion ; and on application of the Legislature, or of the Executive, (when the Legislature cannot be convened) against domestic violence. ARTICLE V. Amendments of ^ e Congress, whenever two-thirds of both Houses shall this Constitution, deem it necessary, shall propose amendments to this Constitu- tion, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amend- ments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Le- gislatures of three-fourths of the several States, or by conven- tions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment, which may be made prior to the year one thou- sand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. Debts of former All debts contracted and engagements entered into, before cojJSd! 6111 e " the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confedera- tion. what constitutes This Constitution and the laws of the United States which ttesupremelaw> shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding. oath of public of- The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all Executive 11 and Judicial officers, both of the United States, and of the sev- eral States, shall be bound by oath or affirmation, to support this Constitution : but no religious test shall ever be required as NO religious test, a qualification to any office or public trust under the United States. ARTICLE VII. The ratification of the conventions of nine States shall be Ratification* sufficient for the establishment of this Constitution between the States so ratifying the same. Done in Convention, by the unanimous consent of the States, present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. G. WASHINGTON, President, and Deputy from Virginia. IN CONVENTION. MONDAY, SEPTEMBER 17, 1787. Resolved, That the preceding Constitution be laid before the United States in Congress assembled ; and that it is the opinion of this Convention that it should afterwards be submitted to a convention of delegates chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification ; and that each convention, assenting to and ratifying the same, should give notice thereof to the United States in Congress assembled. Resolved, That it is the opinion of this Convention, that, as soon as the conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the States which shall have ratified the same, and a day on which electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution ; that, after such publication, the electors should be appointed, and the Senators and Representatives elected ; that the electors should meet on the day fixed for the election of the President, and should transmit their votes, certified, signed, sealed, and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled ; that the Senators and Representatives should convene at the time and place assigned ; that the Senators should appoint a President of the Senate, for the sole purpose of receiving, opening, and counting the votes for President ; and that, after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution. By the unanimous order of the Convention : G. WASHINGTON. President. 12 IN CONVENTION. SEPTEMBER 17, 1787. SIR : We have now the honor to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most advisable. The friends of our country have long seen and desired that the power of making war, peace, and treaties; that of levying money, and regulating commerce, and the correspondent Exe- cutive and Judicial authorities, should be fully and effectually vested in the General Government of the Union ; but the im- propriety of delegating such extensive trust to one body of men is evident: hence results the necessity of a different organiza- tion. It is obviously impracticable, in the Federal Government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Indi- viduals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend, as well on situation and circumstances, as on the object to be obtained. It is at all times difficult to draw with precision, the line between those rights which must be surrendered and those which maybe reserved; and, on the present occasion, this dif- ficulty was increased by a difference among the several States, as to their situation, extent, habits, and particular interests. In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American the consolidation of our Union; in which is involved our prosperity, felicity, safety perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected ; and thus the Constitution which we now present is the result of a spirit of amity, and of that mu- tual deference and concession which the peculiarity of our po- litical situation rendered indispensable. That it will meet the full and entire approbation of every State, is not perhaps to be expected ; but each will doubtless consider, that, had her interest alone been consulted, the conse- quences might have been particularly disagreeable or injurious to others. That it is liable to as few exceptions as could rea- sonably have been expected, we hope and believe ; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. With great respect, we have the honor to be, sir, your excellen- cy's most obedient and humble servants. By the unanimous order of the Convention : G. WASHINGTON, President. His Excellency the PRESIDENT of Congress. 13 The United States in Congress assembled. FRIDAY, SEPTEMBER 28, 1787. Congress having received the report of the Convention lately assembled in Philadelphia, Resolved, unanimously, That the said report, with the reso- lutions and letter accompanying the same, be transmitted to the several Legislatures, in order to be submitted to a convention of delegates chosen in each State by the people thereof, in con- formity to the resolves of the Convention, made and provided in that case. CHARLES THOMSON, Secretary. AMENDMENTS. Article the First. Congress shall make no law respecting an establishment of ^Station? l religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Article the Second. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Article the Third. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. Article the Fourth. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall ~ issue but upon probable cause, supported by oath or affirmation, and particu- larly describing the place to be searched, and the persons or things to be seized. Article the Fifth. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or pub- lic danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall be com- pelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due pro- cess of law ; nor shall private property be taken for public use without just compensation. 14 Article the Sixth. o ^ n a ^ criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law ; and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have com- pulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence. Article the Seventh. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be pre- served;, and no fact tried by a jury shall be otherwise re-ex- amined in any court of the United States, than according to the rules of the common law. Article the Eighth. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel and unusual punishments inflicted. Article the Ninth. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Article the Tenth. The powers not delegated to the United States by the Con- stitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Article the Eleventh. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. Article the Twelfth. The electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with them- selves ; they shall name in their ballots the person voted for as President ; and in distinct ballots the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each ; which lists they shall sign and certify, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate : the President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted : the person having the greatest 15 number of votes for President shall be the President, if such Amendments to number be a majority of the whole number of electors appoint- C( ed; and if no person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Represen- tatives shall choose, immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall consist of a member or members from two- thirds of the States, and a majority of all the States shall be ne- cessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall de- volve upon them, before the fourth day of March next follow- ing, then the Vice President shall act as President as in the case of the death or other constitutional disability of the Presi- dent. The person having the greatest number of votes as Vice Pre- sident shall be the Vice President, if such number be a majo- rity of the whole number of electors appointed ; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice President: a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be ne- cessary to a choice. But no person constitutionally ineligible to the office of Pre- sident, shall be eligible to that of Vice President of the United States. ORIGIN, ETC. OF THE NAVAL ESTABLISHMENT OF THE UNITED STATES. Resolved, That two battalions of marines be raised, consist- in congress, ing of one colonel, two lieutenant colonels, two majors, and Nov< 10 ' 1775 ' other officers, as usual in other regiments ; that they consist of an equal number of privates, with other battalions; that par- ticular care be taken that no persons be appointed to offices, or enlisted into said battalions, but such as are good seamen, or so acquainted with maritime affairs, as to be able to serve to ad- vantage by sea, when required ; that they be enlisted and com- missioned to serve for and- during the present war between Great Britain and the colonies, unless dismissed by order of Congress ; that they be distinguished by the names of the first and second battalions of American marines. 1. Resolved, That all such ships of war, frigates, sloops, in congress, cutters, and armed vessels, as are, or shall be, employed in the Nov< ^ 177 ^ present cruel and unjust war against the United Colonies, and shall fall into the hands of, or be taken by, the inhabitants thereof, be seized and forfeited to and for the purposes herein- after mentioned. 2. Resolved, That all transport vessels in the same service, having on board any troops, arms, ammunition, clothing, pro- visions, or military or naval stores, of what kind soever, and all vessels to whomsoever belonging, that shall be employed in carrying provisions, or other necessaries, to the British army, or armies, or navy, that now are, or shall hereafter be, within any of the United Colonies, or any goods, wares, or merchandise, for the use of such fleet or army, shall be liable to seizure, and, with their cargoes, shall be confiscated. 3. Resolved, That no master or commander of any vessel shall be entitled to cruise for, or make prize of, any vessel or cargo, before he shall have obtained a commission from the Congress, or from such person or persons as shall be for that purpose appointed, in some one of the United Colonies. 2 18 in congress, 4. That it be, and is hereby, recommended to the several le- rov, 25, 1775. gj s i atures j n tne United Colonies, as soon as possible to erect courts of justice, or give jurisdiction to the courts now in being 1 , for the purpose of determining concerning the captures to be made as aforesaid, and to provide that alltrials, in such case, be had by a jury, under such qualifications as to the respective le- gislatures shall seem expedient. 5. That all prosecutions shall be commenced in the court of that colony in which the captures shall be made ; but if no such court be at that time erected in the said colony, or if the capture be made on open sea, then the prosecution shall be in the court of such colony as the captor may find most con- venient : provided, that nothing contained in this resolution shall be construed so as to enable the captor to remove his prize from any colony competent to determine concerning the seizure, after he shall have carried the vessel so seized within any harbor of the same. 6. That in all cases an appeal shall be allowed to the Con- gress, or such person or persons as they shall appoint for the trial of appeals ; provided the appeal be demanded within five days after definitive sentence, and such appeal be lodged with the Secretary of Congress within forty days afterwards; and provided the party appealing shall give security to prosecute the said appeal to effect : and in case of the death of the Secretary during the recess of Congress, then the said appeal to be lodg- ed in Congress within twenty days after the meeting thereof. 7. That when any vessel or vessels shall be fitted out at the expense of any private person or persons, then the captures made shall be to the use of the owner or owners of the said vessel or vessels ; that where the vessels employed in the cap- ture shall be fitted out at the expense of any of the United Co- lonies, then one-third of the prize taken shall be to the use of the captors, and the remaining two-thirds to the use of the said colony; and where the vessels so employed shall be fitted out at the continental charge, then one-third shall go to the captors, and the remaining two-thirds to the use of the United Colonies : provided, nevertheless, that if the capture be a ves- sel of war, then the captors shall be entitled to one-half of the value, and the remainder shall go to the colony or continent, as the case may be; the necessaiy charges of condemnation of all prizes being deducted before distribution made. in congress, The Congress resumed the consideration of the rules and NOV. as, 1775. orc | ers f or the navy o f the United Colonies, and the same being debated by paragraphs, were agreed to. [NOTE. As the rules and regulations of the navy, ordained by Congress piior to the adoption of the constitution in 1788, have been, in an approved form, enacted into a law of the United States, it is deemed unnecessary to insert them here. See the act of April 23, 1800 ; chap. 187, vol. 3.] Dec?T, 8 i775. Resolved, That in cases of re-captures, the re-captors have, and retain, in lieu of salvage, one-eighth part of the true value of the vessel and cargo, or either of then], if the same hath or 19 have been in possession of the enemy twenty-four hours ; one- JjJ, . 1?75 - fifth part, if more than twenty-four hours, and less than forty- eight hours ; one-third part, if more than forty-eight, and less than ninety-six hours; and one-half, if more than ninety-six hours, unless the vessel shall, after the capture, have been le- gally condemned as a prize by some court of admiralty, in which case the re-captors to have the whole : in all which cases, the share detained, or prize, to be divided between the owners of the ship making the re-capture, the colony, or the continent, as the case may be, and the captors, agreeably to a former reso- lution. Resolved, That a committee be appointed to devise ways in congress, and means for furnishing these colonies with a naval armament, Dec< u> 1775 and report with all convenient speed. The committee appointed to devise ways and means for fit- rn congress, ting out a naval armament, brought in their report, which, be- Dec< 13 " 177 ing read and debated, was agreed to as follows : That five ships of 32 guns, five of 28 guns, three of 24 guns, making in the whole thirteen, can be fitted for the sea, proba- bly by the last of March next, viz : in New Hampshire one, in Massachusetts Bay two, in Connecticut one, in Rhode Island two, in New York two, in Pennsylvania four, and in Maryland one. That the cost of these ships, so fitted, will not be more than 66,666 dollars each, on an average, allowing two complete suits of sails for each ship, equal in the whole to 866,666?- 111 dollars. That the materials for fitting them may be all furnished in these colonies, except the articles of canvass and gunpowder ; and that, therefore, it will be proper the Congress direct the most speedy and effectual means of importing the said articles of canvass and powder; that of the former, 7,500 pieces will be wanted, and that of the latter, one hundred tons. Resolved, That a committee be appointed with full powers to carry the said report into execution, with all possible expe- dition, (except what relates to canvass and powder,) at the ex- pense of the United Colonies. Resolved, That the committee for fitting out armed vessels, tn congress, issue warrants to all officers employed in the fleet under the Dcc - 22 ' 1775t rank of third lieutenants. Resolved, That the said committee be directed (as a secret committee) to give such instructions to the commander of the fleet, touching the operations of the ships under his .command, as shall appear to the said committee most conducive to the de- fence of the United Colonies, and to the distress of the enemy's naval forces and vessels bringing supplies to their fleets and armies, and lay such instructions before the Congress when called for. The committee, to whom it was referred to consider how the Jn Conffress share of prizes allotted to the captors ought to be divided be- January 6, me tween the officers and men, brought in their report; which, be- ing taken into consideration, was agreed to as follows : 20 Distribution of Resolved, That the commander-in-chief have one-twentieth pnze money. p art o ^ ^ e ^-^ allotted prize money, taken by any ship or ships, armed vessel or vessels, under his orders and command. That the captain of any single ship, or armed vessel, have two- twentieth parts for his share, but if more ships or armed vessels be in company, when a prize is taken, then the two- twentieth parts to be divided amongst all the said captains. That the captains of marines, lieutenants of the ships or armed vessels, and masters thereof, share together, and have three-twentieth parts divided among them equally, of all prizes taken when they are in company. That the lieutenants of marines, surgeons, chaplains, pur- sers, boatswains, gunners, carpenters, the master's mates, and the secretary of the fleet, share together, and have two- twentieth parts and one-half of a twentieth part, divided among them equally, of all prizes taken when they are in company. That the following petty warrant, and petty officers, viz : (allowing for each ship six midshipmen, for each brig four midshipmen, and each sloop two midshipmen, one captain's clerk, one surgeon's mate, one steward, one sailmaker, one cooper, one armorer, two boatswain's mates, two gunner's mates, two carpenter's mates, one cook, one cockswain, two sergeants of marines for each ship, and one sergeant for each brig and sloop) have three-twentieth parts divided among them, equally ; and when a prize is taken by any ship or vessel, on board or in company of which the commander-in-chief is, then the commander-in-chief's cook or cockswain to be added to this allotment, and have their shares with these last mentioned. That the remaining eight-twentieth parts and one-half of the twentieth part, be divided among the rest of the ship or ship's companies, as it may happen, share and share alike. That no officer or man have any share, but such as are ac- tually on board their several vessels when any prize or prizes are taken, excepting only such as may have been ordered on board any other prizes before taken, or sent away by his or their commanding officers. in congress, Resolved, That the direction of the fleet fitted out by order January 25, 1776. of Congress be left to the naval committee. in congress, Resolved, That the inhabitants of these colonies be permit- March 23, 1776. tec | to t Qut arme( j ves sels to cruise on the enemies of these United Colonies. in congress, The committee appointed to prepare the form of a commis- Aprii2, 1776. sion, and instructions to commanders of private ships of war, brought in the same, which were read. The commission being agreed to, is as follows : The delegates of the United Colonies of New Hampshire, &c. Pormofcommis- to all to v/hom these presents shall come, greeting: Know ye, that we have granted, and by these presents do grant, license and authority to , mariner, commander of the , call- ed , of the burden of tons, or thereabouts, be- longing to of , in the colony of 21 ing carriage guns, and navigated by men, to fit out and set forth the said , in a warlike manner, and by and with the said and crew thereof, by force of arms to attack, seize, and take the ships and other vessels belonging to the inhabitants of Great Britain, or any of them, with their tac- kle, apparel, furniture, and lading, on the high seas, or between high and low water marks, and to bring the same to some conve- nient ports in the said colonies, in order that the courts, which are or shall be there appointed to hear and determine causes, civil and maritime, may proceed in due form to condemn the said captures, if they *be adjudged lawful prize ; the said ' having given bond, with sufficient sureties, that nothing be done by the said , or any of the officers, mariners, or company thereof, contrary to, or inconsistent with, the usages and customs of nations, and the instructions, a copy of which is herewith delivered to him. And we will and require all our officers whatsoever, to give succor and assistance to the said in the premises. This commission will continue in force until the Congress shall issue orders to the contrary. By order of Congress: Attest . , President. Resolved, That blank commissions for private ships of war, in and letters of marque and reprisal, signed by the President, sent to the general assemblies, conventions, and councils, committees of safety, of the United Colonies, to be by them etc filled up and delivered to the persons intending to fit out such private ships of war, for making captures of British vessels and cargoes, who shall apply for the same, and execute the bonds which shall be sent with the said commissions, which bonds shall be returned to the Congress. Resolved, That every person intending to set forth and fit Applications for out a private ship or vessel of war, and applying for a commis- sion or letter of marque and reprisal for that purpose, shall pro- duce a writing subscribed by him, containing the name and tonnage or burden of the ship or vessel, the number of her guns, with their weight of metal, the name and place of resi- dence of the owner or owners, the names of the commander and other officers, the number of the crew, and the quantity of provisions and warlike stores ; which writing shall be delivered to 'the secretary of Congress, orto^the clerk of the House of Re- presentatives, convention, or council, or committee of safety, of the colony in which the ship or vessel may be, to be transmit- ted to the said secretary, and shall be registered by him ; and that the commander of the ship or vessel, before the commission or letter of marque and reprisal may be granted, shall, together with sureties, seal and deliver a bond, in the penalty of five Bond, etc. thousand dollars, if the vessel be of one hundred tons or under, or ten thousand dollars, if of a greater burden, payable to the President of the Congress, in trust, for the use of the United Colonies, with condition in the form following, to wit : " The condition of this obligation is such, that if the above boundeiL 22 ' wno * s coram ander of the called , be- longing to , of , in the colony of , mount- ing carriage guns, and navigated by men, and who hath applied for a commission, and letters of marque and reprisal, to arm, equip, and set forth to sea the said -, as a private ship of war, and to make captures of British vessels and cargoes, shall not exceed or transgress the powers and authori- ties which shall be contained in the said commission, but shall, in all things, observe and conduct himself and govern his crew, by and according to the same, and certain instructions there- with to be delivered, and such other instructions as may hereaf- ter be given to him ; and shall make reparation for all damages sustained by any misconduct or unwarrantable proceedings of himself, or the officers or crew of the said , then this ob- ligation shall be void, or else remain in force :" which bond shall be lodged with the said secretary of Congress. in congres*, Resolved, That the marine committee be empowered to af- junee, 1776. g x fa e names to eajch particular ship, and determine the vessel which each captain is to take command of. in congress, Resolved, That the marine committee be directed to order Augusts, 1776. the ships and armed vessels, belonging to the continent, out on such cruises as they shall think proper. Resolved, That the marine committee be authorized and em- powered to purchase materials in all such parts of America, as they may think proper, for building more ships of war, and that the said committee report to Congress a plan of the ships that should be built in addition to the present navy. in congress, Resolved, That the rank of officers of marines be the same as October so, 1776. o ffi cers o f similar commissions in the land service : Rank, etc., of of- That the commanders, officers, seamen, and marines, in the ^ r s s ' etc -' ofma ' continental navy, be entitled to one-half of merchantmen, transports, and store-ships, by them taken, from and after the first day of November, 1776, to be divided amongst them in the shares and proportions fixed by former resolutions of Congress: That the commanders, officers, seamen, and marines, in the continental navy, be entitled to the whole value of all ships and vessels of war belonging to the crown of Great Britain, by them made prize of, and all privateers authorized by his Britannic majesty to war against these States, to be divided as aforesaid. in congress, Congress took into consideration the report of the committee NOV. 15, . re j at j ve to { ne navy : whereupon, Bounty for c.>p- Resolved, That a bounty of twenty dollars be paid to the turei. commanders, officers, and men, of such continental ships or vessels of war, as shall make prize of any British ships or ves- sels of war, for every cannon mounted on board each prize at the time of such capture ; and eight dollars per head, for every mai> then on board, and belonging to such prize : Relative rank of That the rank of the naval officers be, to the rank of officers officers. 81 " 1 land * n tn lan( * service ? as follows : Admiral - - as a - General, 23 Lieutenant General, Major General, Brigadier General, Colonel, Lieutenant Colonel^ Major, Captain. Vice Admiral as a Rear Admiral " Commodore " Captain of a ship of 40 guns 7 and upwards 3" Captain of a ship of 20 to 40 guns Captain of a ship of 10 to 20 guns Lieutenant in the Navy Resolved, That the pay and subsistence of surgeons in the navy, be equal to the pay and subsistence of the lieutenants of the vessels to which they shall respectively belong. Resolved, That the management of all business relating to the marine of these United States be vested in commissioners. Resolved, That the marine committee be, and they hereby are, directed forthwith to cause the crews of vessels captured from the enemy to be confined on board prison ships, and sup- plied and treated, in all respects, in the same manner as the crews of vessels belonging to these United States, and captured by the enemy, are supplied and treated. Congress took into consideration the report of the marine committee, respecting the navy department : whereupon, Resolved, That a board of admiralty be established, to su- perintend the naval and marine affairs of these United States, to consist of three commissioners, not members of Congress, and two members of Congress, any three of whom to form a board for the despatch of business; to be subject, in all cases, to the control of Congress : That there shall not be more than one member of the said board, at any time, belonging to the same State: That there shall be a secretary to the said board, to be ap- pointed by Congress : That the board have power to appoint a clerk to assist them in the execution of the business of the department : That the said board of admiralty be, and they are hereby au- thorized, empowered, and directed, to form proper plans for in- creasing the naval force of the United States, and for the better regulating the same, and lay them before Congress : That they have the ordering and directing the destination of all ships and vessels of war; that they superintend and direct such navy boards as are now established, or may at any time hereafter be established by Congress ; cause fair entries to be made, and proper accounts kept, of all business transacted by them ; examine the accounts of the several navy boards, and all agents and other persons who have transacted, or may trans- act, any business relative to the marine department, where such accounts have not been finally settled ; report the same to Con- gress, and make proper entries in their books, so that the whole matters may be comprehended in one view ; keep an alphabeti- cal and accurate register of the names of all officers of the navy In Congress, Nov. 15, 1776. In Congress. July 16, 1777. In Congress, June 9, 1779. In Congress, July 15, 1779. In Congress. Oct. 28, 1779. 24 In Congress, Oct. 28, 1779. In Congress, Nov. 16, 1779. In Congress, Dec. 8, 1779. In Congress, January 8, 1780. In Congress, April 20, 1780. Form of commis- sion for naval of- ficers. in the service of the United States, with their rank and the date of their commissions, which commissions shall be signed by the president of Congress, and countersigned by the secretary of the said board of admiralty ; publish, annually, a register of all appointments; obtain regular and exact returns of all warlike stores, clothing, provisions, and all other necessaiy articles, be- longing to the marine department ; take the care and direction of all marine prisoners ; execute all such matters as shall be di- rected, and give their opinion on all such subjects as shall be referred to them by Congress, or as they may think necessary for the better regulation and improvement of the navy of the United States ; and, in general, to superintend and direct all the branches of the marine department : That the said board shall sit in the place where Congress shall be held, and no member of the board shall absent himself, without leave of Congress, or the committee of the States, in the recess of Congress : That all the proceedings of the said board shall be inspected by Congress, or a committee by them appointed for that pur- pose, as often as may be thought proper and convenient ; and every member of Congress may have free access to the records and papers of the said board, excepting such as are in their na- ture secret: That all navy and marine officers, arid others, attending upon, or connected with ; the admiralty department, be, and they are hereby, required and enjoined, to observe the directions of the said board, in all such other matters as they may be directed, or may tend, to facilitate the business of the department. Resolved, That the salary of each of the three commission- ers, who shall conduct the business of the board of admiralty, be fourteen thousand dollars per annum, and the salary of the secretary of the said board, be ten thousand dollars per annum; said salaries to be annually, or oftener, if Congress shall judge it expedient, revised and altered, agreeably to the appreciation of the continental currency. That the marine committee be authorized, from time to time, to appoint advocates for the purpose of taking care of, and man- aging, the maritime causes in which the United States are, or may be, concerned. Resolved, That all matters heretofore referred to the marine committee, be transmitted to the board of admiralty. Resolved, That the marines of the navy of the United States, whilst doing garrison duty, be allowed the same subsistence mo- neys as are allowed to the officers and soldiers of the line of the army. The board of admiralty reported the form of a commission for the naval officers in the employ of the United States, which was agreed to, as follows : The United States of America in Congress assembled, to , greeting. We, reposing especial trust and confidence in your valor, 25 conduct, and fidelity, do, by these presents, constitute and ap- point you to be in the navy of the United States, to take rank from the ; you are, therefore, carefully and dili- gently to discharge the duty of , by doing and perform- ing all manner of things thereunto belonging. And we do strictly charge and require all officers, marines, and seamen un- der your command, to be obedient to your orders, as . And you are to observe and follow such orders and directions, from time to time, as you shall receive from Congress, a com- mittee of the States, the board of admiralty, the commander- in-chief, for the time being, of the navy of the United States, or any other, your superior, officer, according to the rules and discipline of the navy and the usage of the sea. This commis- sion to continue in force until revoked by Congress, or a com- mittee of the States. Witness , president of the Congress of the United States of America, at , the day of , in the year of our Lord , and in the year of our in- dependence. Entered in the admiralty office, and examined by the board. Attest , Secretary of the Board of Admiralty. A report from the board of admiralty was read : whereupon, in congress, Resolved, That any officer who, by virtue of his commission, August 7) im or warrant, hath served, or hereafter shall serve, on board any ship of war, of twenty guns and upwards, belonging to the navy of these States, and shall thereafter serve in the same rank on board any other vessel of inferior force, such officer shall receive the same pay as he was entitled to when serving in a ship of twenty guns and upwards ; any resolution to the contrary not- withstanding. Resolved, That there be a Superintendent of Finance, a Se- in congress, cretary of War, and a Secretary of Marine. uary7,n8i. Resolved, That it shall be the duty of the Secretary of Ma- rine to examine into, and report to Congress, the present state of the navy, a register of the officers, in and out of command, and the dates of their respective commissions; and an account of all the naval and other stores belonging to the department ; to form estimates of all pay, equipments, and supplies, neces- sary for the navy ; and, from time to time, to report such esti- mates to the Superintendent of Finance, that he may take mea- sures for providing for the expenses, in such manner as may best suit the condition of the public treasury ; to superintend and direct the execution of all resolutions of Congress respecting na- val preparations; to make out, seal, and countersign, all ma- rine commissions, keep registers thereof, and publish annually a list of all appointments; to report to Congress the officers and agents necessary to assist him in the business of his department; and, in general, to execute all the duties and powers specified in the act of Congress constituting the board of admiralty. Resolved, That the care of the marine prisoners, heretofore Jn congress, entrusted to the board of admiralty, be transferred to the com- Jul y 18 > 1781 - 26 m i ssar y f prisoners, under the superintendence of the board of war. That the seal of the admiralty be deposited with the secre- tary of Congress ; and that he seal and countersign the like commissions as have heretofore been issued by the board of ad- miralty, by order of Congress, until a Secretary of Marine shall be appointed. in congress, On a report of a committee, consisting of Mr. Bland, Mr. August 29, 1781. Varnum, Mr. Duane, to whom were referred sundry motions relative to the board of admiralty, the navy boards, and the mode of conducting the business of the navy : Resolved, That, for the present, an agent of the marine be appointed, with authority to direct, fit out, equip, and employ, the ships and vessels belonging to the United States, according to such instructions as he shall, from time to time, receive from Congress : That all prizes belonging to the United States be sold un- der his direction, and the produce deposited by him in the hands of the Superintendent of Finance : That all accounts and demands for pay, and for all disburse- ments and expenses, respecting the said marine, be transmitted to the said agent for settlement and payment ; and that he cause regular entries thereof to be made and kept : That he shall be allowed a salary at the rate of fifteen hun- dred dollars per annum, in full of all charges and expenses whatsoever ; that he shall also be allowed a clerk, who shall receive, for his services, a salary at the rate of five hundred dol- lars per annum : That both the agent and clerk shall, before they enter into their respective offices, take an oath before the President of Congress, well and faithfully to execute the trust reposed in them, according to the best of their skill and judgment; and shall enter into bond, with good and sufficient surety, for the due and faithful performance of his office, which shall be lodged in the office of the secretary of Congress : That, as soon as the said agent shall enter into the execution of his office, the functions and appointments of the board of ad- miralty, the several navy boards, and all civil officers appointed under them, shall cease and be determined. And, lastly, that the registers, books, and papers, belonging to the admiralty and navy boards, or in their custody, shall be delivered over to the said agent, and preserved by him. in congress, Resolved, That, until an agent of marine shall be appointed 1 by Congress, all the duties, powers, and authority, assigned to the said agent, be devolved upon, and executed by, the Super- intendent of Finance : That as soon as the said superintendent shall take upon him the execution of the duties, powers, and authority, hereby de- volved upon him, the functions and appointments of the board of admiralty, the several navy boards, agents, and all civil officers under them, shall cease and determine. 27 Resolved, That the registers, books, and papers, belonging to the admiralty and navy boards, or in their custody, be deliv- ered over to the said Superintendent of Finance, and preserved by him. On a report of a committee, consisting of Mr. Connell, Mr. Randolph, and Mr. Carroll, to whom was referred a letter of the 17th of November last, from the Superintendent of Finance : Resolved, That the powers vested by the resolutions of the 8th of Februaiy, 1780, in the board of admiralty, and navy board, respectively, in case of the loss of any ship or vessel of war, in the service of the United States, be vested in the Secre- tary of Marine ; or until he be appointed and enter upon the ex- ecution of his office, in the agent of marine ; except that nei- ther the secretary nor agent of marine shall be authorized to sit in any court of inquiry. Resolved^ That it shall be the duty of the secretary or agent of marine to transmit to the United States in Congress assem- bled, the proceedings of courts martial, previous to the execu- tion of any capital sentence which may be awarded. Resolved^ That the powers and duties hereby assigned to the secretary or agent of marine, be assigned to the Superintendent of Finance, to be exercised by him, until such secretary or agent of marine shall be appointed. Resolved^ That the power of negotiating the exchange of marine prisoners be henceforth vested in the agent of marine, who is hereby authorized to appoint a commissary for marine prisoners, to be subject to his orders and instructions. On the report of a committee, consisting of Mr. Fitzsim- mons, Mr. Peters, and Mr. Hoi ten, to whom was recommitted their report, on a motion of Mr. Holten, respecting bonds given by comnianders of private armed vessels : Resolved) That the agent of marine, for the time being, be, and he is hereby, authorized and directed, whensoever com- plaints are exhibited of public abuses or private injuries com- mitted by the captains or commanders of any privateers, or armed vessels, sailing under the authority of the United States, to cause such legal measures for obtaining redress, by means of the bonds given on taking out commissions, for such privateers or armed vessels, for any abuses or injuries contrary to their in- structions; or in violation of the maritime ordinances of the United States, or the laws and customs of nations, as to justice appertains ; all prosecutions for private injuries, upon said bonds, to be at the risk and expense of the complainants, or the per- sons said to be aggrieved. The agent of marine, to whom was referred a resolution of the House of Delegates, of the State of Virginia, of 26th of June, 1783, reported : That although it is an object highly desirable to establish a respectable marine, yet the situation of the public treasury ren- ders it not advisable to purchase ships for the present, nor until the several States shall grant such funds for the -construction of In Congress, Sept. 7, 1781. In Congress. Nov. 20, 1781. In Congress, July 24, 1782. In Congress, June 2, 1783. In Congress, August 5, 1783. 28 ships, docks, and naval arsenals, and for the support of the na- I* * y'. in t i i r-r i ti ** 1.11 val service, as shall enable the United States to establish their marine upon a permanent and respectable footing. Resolved, That Congress agree to the report. ress Resolved, That the commissioner of marine accounts, in set- f i?87. tling the accounts of the officers, seamen, and marines, of the late navy of the United States, govern himself by the principles established for the line of the army, by the act of Congress of the 10th of April, 1780,* so far as the same relates to the al- lowance for depreciation ; provide d, that no officer, seaman, or marine, be entitled to the benefit of this resolve, who was not in service, or liable to be called into service, on the 10th of April, 1780. * Resolved, That when Congress shall be furnished with proper documents to In Congress, liquidate the depreciation of the continental bills of credit, they will, as soon April 10, 1780. thereafter as the state of the public finances will admit, make good to the line of the army, and the independent corps thereof, the deficiency of their original pay occasioned by such depreciation ; and that the money and articles heretofore paid or furnished, or hereafter to be paid or furnished, by Congress or the States, or any of them, as for pay, subsistence, or to "compensate for deficiencies, 1 shall be deemed as advanced on account, until such liquidation as aforesaid shall be ad- justed ; it being the determination of Congress, that all the troops serving in the continental army shall be placed on an equal footing : provided, that no person shall have any benefit of this resolution, except such as were engaged during the war, or for three years, and are now in service, or shall hereafter engage during the war. LAWS OP CONGRESS, IN RELATION TO THE NAVY AND MARINE CORPS. AN ACT to regulate the time and manner of administering certain oaths. 1 SEC. 1. Be it enacted by the Senate and House of Repre- Form of oath to sentatives of the United States of America in Congress as- SEJS,* 6 Con " senibled, That the oath or affirmation required by the sixth arti- cle of the Constitution of the United States shall be administered in the form following, to wit,-" I, A. B. do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States." SEC. 4. And be it further enacted. That all officers appoint- Toail officers of ed, or hereafter to be appointed, under the authority of the Uni- the united states i ii t ~ i i rv t appointed or to be ted otates, shall, before they act in their respective offices, take appointed, before the same oath or affirmation, which shall be administered by they act< the person or persons who shall be authorized by law to admi- nister to such officers their respective oaths of office ; and such officers shall incur the same penalties in case of failure, as shall be imposed by law in case of failure in taking their respective oaths of office. APPROVED, June 1, 1789. AN ACT to establish an executive department, to be denominated the depart- ment of war. SEC. 1. Be it enacted, fyc., That there shall be an execu- secretary for the tive department, to be denominated the Department of War ; J^5S e JJ t of and that there shall be a principal officer therein, to be called the Secretary for the Department of War, who shall perform and execute such duties as shall from time to time be enjoined on, or entrusted to, him by the President of the United States, agreeably to the Constitution, relative to military commissions, or to the land or naval forces, ships, or warlike stores of the United States, or to such other matters respecting military or naval affairs, as the President of the United States shail assign to the said department, or relative to the granting of lands to persons entitled thereto, for military services rendered to the United States, or relative to Indian affairs : And furthermore, that the said principal officer shall conduct the business of the 30 1789. said department in such manner as the President of the United ~~ States shall from time to time order or instruct. APPROVED, August 7, 1789. [So much of this act as vests in the Secretary of War the direction of naval affairs, repealed by act of April 30, 1798, establishing a Navy Department.] AN ACT making an alteration in the flag of the United States.* [Altered, April 4, 1818.] Alteration in flag Be it enacted, <$*c., That from and after the first day of May, anno Domini one thousand seven hundred and ninety-five, the flag of the United States he fifteen stripes, alternate red and white. That the Union be fifteen stars, white, in a blue field. APPROVED, January 13, 1794. AN ACT to prohibit the carrying on the slave-trade from the United States to any foreign place or country. siaye trade pro- SEC. 1. Be it enacted, fyc.. That no citizen or citizens of the United States, or foreigner, or any other person coming into, or residing within, the same, shall, for himself or any other per- son whatsoever, either as master, factor, or owner, build, fit, equip, load, or otherwise 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 purpose of procuring, from any foreign kingdom, 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 vessels so fitted, slaves : and if any ship or vessel shall be so fitted'out, as afore- to be forfeited. . -, f ', . , J , , , ., said, for the said purposes, or shall be caused to sail, so as afore- " said, every such ship or vessel, her tackle, furniture, apparel, and other appurtenances, shall be forfeited to the United States ; and shall be liable to be seized, 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. SEC. 2. That all and every person so building, fitting out, ouf, s shaii Sen equipping, loading, or otherwise preparing, or sending away, and pay $2,000. an y s ^]p or vessel, knowing, or intending, that the same shall be employed in such trade or business, contrary to the true in- tent and meaning of this act, or any ways aiding or abetting therein, shall severally 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. SEC. 3. That the owner, master, or factor, of each and every foreign ship or vessel, clearing out for any of the coast? orking- * In Congress, June 14, 1777. Resolved, That the Hag of the thirteen Uni- ted States be thirteen stripes, alternate red and white ; that the union be thirteen stars, white, in a blue field, representing a new constellation. 31 doms of Africa, or suspected to be intended for the slave trade, 1794. and the suspicion being declared to the officer of the customs Forefgn vessels . . * -, , . ,. . suspected to be by any citizen, on oath or affirmation, and such information intended for the being to the satisfaction of the said officer, shall first give bond ^bond"^' to 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 in any other foreign port or place whatever, within nine months thereafter. SEC. 4. That if any citizen or citizens of the United States citizens of u. s. shall, contrary to the true intent and meaning of this act, take P a e rsons? n forthe on board, receive, or transport any such persons, as above de- ESs^lvSjm scribed in this act, for the purpose of selling them as slaves, as f prf ei $ 2 for aforesaid, he or they shall forfeit and pay, for each and every ta person so received on board, transported, or sold as aforesaid, the sum of two hundred dollars, to be recovered in any court of the United States proper to try the same ; the one moiety there- of to the use of the United States, and the other moiety to the use of such person or persons who shall sue for and prosecute the same. APPROVED, March 22, 1794. AN ACT to provide a naval armament. [Obsolete.] Whereas, the depredations committed by the Algerine cor- sairs on the commerce of the United States render it necessary that a naval force should be provided for its protection : SEC. 1. Be it therefore enacted, d'c., That the President of p res ident u. s. the United States be authorized to provide, by purchase oroth- ^8^44 t0 m crwise, equip and employ, four ships to carry forty-four guns and two ships of each, and two ships to carry thirty-six guns each. Sec. 2. And be if further enacted, That there shall be em- HOW officered. ployed on board each of the said ships of forty-four guns, one captain, four lieutenants, one lieutenant of marines, one chap- lain, one surgeon, and two surgeon's mates ; and in each of the ships of thirty-six guns, one captain, three lieutenants, one lieutenant of marines, one surgeon, and one surgeon's mate, who shall be appointed arid commissioned in like manner as other officers of the United States are. SEC. 3. And be it further enacted, That there shall be em- warrant and ployed, in each of the said ships, the following warrant-officers, who shall be appointed by the President of the United States, to wit : one sailing-master, one purser, one boatswain, one gun- ner, one sail-maker, one carpenter, and eight midshipmen ; and the following petty officers, who shall be appointed by the cap- tains of the ships, respectively, in which they are to be employ- ed, viz : two master's mates, one captain's clerk, two boat- swain's mates, one cockswain, one sail-maker's mate, two gunner's mates, one yeoman of the gun-room, nine quarter- 32 1T94. gunners, (and for the four larger ships) two additional quarter- ~~ gunners, two carpenter's mates, one armorer, one steward, one cooper, one master-at-arms, and one cook. SEC. 4. And be it further enacted, That the crews of each s- ^ tne sa ^ sru P s f forty-four guns shall consist of one hundred s and fifty seamen, one hundred and three midshipmen and or- dinary seamen, one sergeant, one corporal, one drum, one fife, and fifty marines: And that the crews of each of the said ships of thirty-six guns shall consist of one hundred and thirty able seamen and midshipmen, ninety ordinary seamen, one sergeant, two corporals, one drum, one fife, and forty ma- rines, over and above the officers herein before mentioned. SEC. 5. And be it further enacted, That the President of a tne United States be, and he is hereby, empowered to provide, force not exceed- D y purchase or otherwise, in lieu of the said six ships, a naval ing that directed J J ,. . , 7 . , . , ,. \. ' by this act. force not exceeding in the whole, that by this act directed, so that no ship thus provided, shall carry less than thirty-two guns ;. or he may so provide any proportion thereof, which, in his dis- cretion, he may\ think proper. Pay and subsist- SEC. 6. And be it further enacted, That the pay and subsist- ence of the respective commissioned and warrant officers be as follows : A captain, seventy-five dollars pier month, and six ra- tions per day : A lieutenant, forty dollars per month, and three rations per day; a lieutenant of marines, twenty-six dollars per month, and two 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 surgeon, fifty dollars per month, and two rations per day ; a surgeon's mate, thirty dollars per month, and two rations per day ; a purser, forty dol- lars per month, and two rations per day ; a boatswain, fourteen dollars per month, and two rations per day \ a gunner, fourteen dollars per month, and two rations per day ; a sail-maker, four- teen dollars per month, and two rations per day ; a carpenter, fourteen dollars per month, and two rations per day. Pay to petty of- SEC. 7. And be it further enacted, That the pay to be al- bjahe President, lowed to the petty officers, midshipmen, seamen, ordinary sea- men and marines, shall be fixed by the President of the United States : Provided, That the whole sum to be given for the certain sum. cd * whole pay aforesaid shall not exceed twenty-seven thousand dollars per month, and that each of the said persons shall be entitled to one ration per day. component parts SEC. 8. And be it further enacted, That the ration shall con- sist of, as follows : Sunday, one pound of bread, one pound and a half of beef, and half a pint of rice : Monday, one pound of bread, one pound of pork, half a pint of peas or beans, arid four ounces of cheese : Tuesday, one pound of bread, one pound and a half of beef, and one pound of potatoes or tur- nips, and pudding : Wednesday, one pound of bread, two ounces of butter, or, in lieu thereof, six ounces of molasses, four ounces of cheese, and half a pint of rice: Thursday, one pound of bread, one pound of pork, and half a pint of peas or beans i 33 Friday, one pound of bread, one pound of salt fish, two ounces 1794. of butter or one gill of oil, and one pound of potatoes : Saturday, ~~ one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese. And there shall also be al- lowed, one-half pint of distilled spirits per day, or, in lieu thereof, one quart of beer per day, to each ration. SEC. 9. Provided always* and be it further enacted. That if when proc i n t i i TT i i T- in S s under this a peace shall take place between the United States and the Re- act simii cease. gency of Algiers, that no farther proceeding be had under this act. APPROVED, March 27, 1794. AN ACT to authorize the President of the United States, during the recess of the present Congress, to cause to be purchased or built, a number of vessels, to be equipped as galleys, or otherwise, in the service of the United States. [ Obsolete.] SEC. 1. Be it enacted, $ $* C "> That the President of the United tSee friga2; 03 States be, and he is hereby, empowered, should he deem it ex- pedient, to cause the frigates United States, Constitution and Constellation, to be manned and employed. SEC. 2. And be it further enacted, That there shall be em- their commis- ployed on board each of the ships of forty-four guns, one cap- sioned officers. t amj four lieutenants, two lieutenants of marines, one chaplain, one surgeon, and two surgeon's mates ; and in the ship of thirty- six guns, one captain, three lieutenants, one lieutenant of ma- rines, one surgeon, and one surgeon's mate. SEC. 3. And be it further enacted, That there shall be em- Wanam officers, pi oyed^ i n each of the said ships, the following warrant officers, ly the fSdent. who shall be appointed by the President of the United States, to wit: one sailing-master, one purser, one boatswain, one gun- ner, one sail -maker, one carpenter, and eight midshipmen ; and Pett officers to ^ ie f^ owm o P et ty officers, who shall be appointed by the cap- be appointed by tains of the ships respectively, in which they are to be employed, the captains. y j z . ^ Q master's mates, one captain's clerk, two boatswain's mates, one cockswain, one sailmaker's mate, two gunner's mates, one yeoman of the gun-room, nine quarter gunners, (and for the two larger ships two additional quarter gunners) two carpenter's mates, one armorer, one steward, one cooper, one master-al- arms, and one cook. Crews. SEC. 4. And be it further enacted, That the crews of each of the ships of forty-four guns shall consist of one hundred and fifty seamen, one hundred and three midshipmen and ordinary 35 seamen, three sergeants, three corporals, one drum, one fife, and 1797 fifty marines ; and that the qrew of the ship of thirty-six guns shall consist of one hundred and thirty able seamen and mid- shipmen; ninety ordinary seamen, two sergeants, two corpo- rals, one drum, one fife, and forty marines, over and above the officers herein before mentioned. SEC. 5. And be it further enacted, That the pay and sub- sistence of the respective commissioned and warrant officers be as follows : A captain, seventy-five dollars per month, and six rations per day ; a lieutenant, forty dollars per month, arid three radons per day; a lieutenant of marines, thirty dollars per month, and two 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 surgeon, fifty dollars per month, and two rations per day ; a surgeon's mate, thirty dollars per month, and two rations per day ; a purser, forty dol- lars 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 sailmaker, twen- ty dollars per month, and two rations per day ; a carpenter, twenty dollars per month, and two rations per day. SEC. 6. And be it further enacted, That the pay to be allow- ed to the petty officers, midshipmen, seam en, ordinary seamen, officers, &c and marines, shall be fixed by the President of the United States : provided, That the whole sum to be given for the whole pay aforesaid, shall not exceed fifteen thousand dollars per month, and that each of the said persons shall be entitled to one ration per day. SEC. 7. And be it further enacted, That the ration shall con- sist of as follows : Sunday, one pound of bread, one pound and a half of beef, and half a pint of rice : Monday, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese : Tuesday, one pound of bread, one pound and a half of beef, and one pound of potatoes, or tur- nips and pudding: Wednesday, one pound of bread, two ounces of butter, or in lieu thereof, six ounces of molasses, four ounces of cheese, and half a pint of rice : Thursday, one pound of bread, one pound of pork, and half a pint of peas or beans : Friday, one pound of bread, one pound of salt fish, two ounces of butter, or one gill of oil, and one pound of potatoes: Satur- day, one pound of bread, one pound of pork, half a pint of peas or beans, and four ounces of cheese; and there shall also be allowed one half pint of distilled spirits per day, or in lieu thereof, one quart of beer per day, to each ration. SEC. 8. And be it further enacted, That the officers, non- commissioned officers, seamen, and marines, belonging to the navy of the United States, shall be governed by the rules* for the regulation of the navy heretofore established by the resolu- tion of Congress of the twenty-eighth of November, one thou- sand seven hundred and seventy-five, as far as the same may * These rules are similar to those adopted by act, approved April 23, 1800. 36 1797. be applicable to the Constitution and laws of the United States,,. ~~ or by such rules and articles as may hereafter be established, may mak^the ^ EC< ^' And ^ It further enacted, That the appointment of appointments a- the officers to the frigates may be made by the President alone lone in recess of .-i / ,1 c< j 1 / the senate. in the recess of the oenate ; and their commissions, if so ap- pointed, shall continue in force till the advice and consent of the Senate can be had thereupon at their next meeting which may happen thereafter. Term of service. SEC. 10. And be it further enacted, That the seamen and marines shall not be engaged to serve on board the frigates for a period exceeding one year ; but the President may discharge the same sooner, if in his judgment their services may be dis- pensed with. Provision in case S EC . \\ % And be it further enacted. That if any officer, non- of wounds. -i rt- 11- i ' commissioned officer, marine, or seaman, belonging to the navy of the United States, shall be wounded or disabled, while in the line of his duty in public service, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations as shall be directed by the President of the United States. Provided always, That the rate of com- L or person resident therein, or any goods or effects be- longing to any such citizen or resident, shall be re-captured by any public armed vessel of the United States, the same shall be restored to the former owner or owners, upon due proof, he or they paying and allowing, as and for salvage to the re-cap- tors, one-eighth part of the value of such vessel, goods, and ef- fects, free of all deduction and expenses. f SEC. 3. And be it further enacted, That whenever any arm- ed vessel, captured and condemned as aforesaid, shall have been of superior or equal force to the public armed vessel of the United States by which such capture shall have been made, the forfeiture shall be and accrue wholly to the captors : and in other cases, one-half thereof shall be to the use of the United States, and the residue to the captors. And all salvage which and crew. shall be allowed and recovered upon any vessel, goods or ef- fects re-captured, and to be restored, as aforesaid, shall belong wholly to the officers and crew of the public armed vessel of the United States by which such re-capture shall be made : U ma C or n anc ^ ^ e COU1 ^ before whom any condemnation shall be had, sale, &c. ' as aforesaid, shall and may order the sale of the vessel, goods and effects condemned, to be made at public auction, upon due notice by the marshal of the district in which the same shall be : and all expenses of condemnation and sale being deduct- ed from the proceeds, the part thereof which shall accrue to the Proceeds to be United States shall be paid into the public treasury, and the " residue, and all allowances of salvage as aforesaid, shall be dis- tributed to and among the officers and crews concerned there- 1798. in, in the proportions which the President of the United States ~~ shall direct. SEC. 4. And be it further enacted, That it shall be lawful ? f m c c a e p r t s ur ^ d cr ^! for the President of the United States to cause the officers and isc., to be crews of the vessels so captured, and hostile persons found on board any vessel which shall be re- captured, as aforesaid, to be confined in any place of safety within the United States, in such manner as he may think the public interest may require ; and all marshals and other officers of the United States are hereby required to execute such orders as the President may is- sue for the said purpose. APPROVED, June 28, 1T98. AN ACT supplementary to the act, intituled " An act to provide an additional armament for the further protection of the trade of the United States ; and for " other purposes." [Obsolete.] SEC. 1. Be it enacted, fyc., That the President of the United * States shall be, and he is hereby, authorized to accept, in behalf ^so of the United States, of the proposals of any persons who shall states offer and undertake to complete, provide and deliver, to the use, "Juse evidence & of and upon the credit of the United States, on terms in his opin- ion advantageous or convenient, any vessel or vessels, now therefor. building, or to be built within the United States, of a model and size which he shall approve, and armed and equipped, or suitable to be armed for the public service : and upon the de- livery of the vessel or vessels, according to such proposals, or to the acceptance of the President of the United States, he may cause proper certificates, or other evidence of the debt or obli- gation of the United States incurred thereby, to be made and given at the Treasury Department, and which shall be there registered, to the use and benefit of the persons concerned : provided. That not more than twelve vessels, in addition to vesS? 011 those already authorized, shall and may be procured, by virtue * f j 7 rrii xi No more than 6 hereof: and provided, That not more than six per cent, per percent, to be ai- annum shall be allowed for any credit which shall be given lowed on credits - under this act. And all certificates of debt shall be redeemable at the will of Congress. SEC. 2. And be it further enacted, That the vessels author- ized by the act, intituled " An act to provide an additional ar- mament for the further protection of the trade of the United States, and for other purposes," and those which shall be au- thorized by this act, shall be procured and accepted according to the following rates, as nearly as may be ; that is to say : six of them not exceeding eighteen guns each, and twelve of them cured or accept- not less than twenty, or exceeding twenty-four guns each, and e six not less than thirty-two guns each ; and the guns for each vessel to be of such calibre and weight of metal as the Presi- 42 1798. dent of the United States shall approve ; any thing in the said ~~ former act to the contrary hereof notwithstanding. may JS^S SEC * 3 * And be ^ f urther enacted, That the President of the vessels given to United States may, at his discretion, accept of any vessel armed u^ite l d stotes. the and equipped, or suitable to be armed, of a model, size and force proper for the public service, which any State, body po- litic or corporate, citizen or citizens of the United States, shall voluntarily offer and give, for the use of the United States, to increase the naval armament. mayregufat^the 1 SEC. 4. And be it further enacted,Thzt the President of rank, pay, &c., of t ne United States shall be, and he is hereby authorized to de- officers, and num- . IT her of men to be tcrmine and direct, according to the rate of each vessel which shall be furnished or accepted in pursuance of this act, the rank, pay, and subsistence of the commissioned and warrant officers, who shall be appointed thereto ; and the number of men to be engaged, and the pay to be allowed them, not exceeding the proportionable grades and allowances which are or shall be au- thorized by law for the navy of the United States. And all officers of the said navy, according to their respective ranks, shall be appointed in the manner prescribed by the act, intitu- led, " An act to provide a naval armament." may vaJthXJuo- ^ EC ' 5t And be . it further enacted, That the President of the tas of seamen, United States may, at his discretion, increase or vary the quo- ien, &c. tag Q seamerl) l an dsmen and marines, to be employed on board the frigates, and may permit a proportion of boys for them, and the other vessels of the navy of the United States, according to the exigencies of the public service. APPROVED, June 30, 1798. AN ACT for the establishing and organizing a Marine Corps. [Obsolete.] SEC. 1. Be it enacted, fyc., That in addition to the present military establishment, there shall be raised and organized a A corps of ma- corps of marines, which shall consist of one major, four cap- rines to be raised. . r . /. T IT / A tains, sixteen first lieutenants, twelve second lieutenants, forty- eight sergeants, forty-eight corporals, thirty-two drums and fifes, and seven hundred and twenty privates, including the marines who have been enlisted, or are authorized to be raised for the Formation of it. naval armament; and the said corps may be formed into as many companies or detachments as the President of the Uni- ted States shall direct, with a proper distribution of the commis- sioned and non-commissioned officers and musicians to each company or detachment. Pay and subsist- SEC. 2. And be it further enacted, That the pay and sub- sistence of the said officers, privates, and musicians, shall be as follows, to wit : To a major, fifty dollars per month, and four rations per day ; to a captain, forty dollars per month, and three rations per day ; to a first lieutenant, thirty dollars per month, and three rations per day ; to a second lieutenant, twenty-five 43 dollars per month, and two rations per day; and to the non- 1798. commissioned officers, privates and musicians, conformably to ~~ the act, entituled " An act providing a naval armament," as shall be fixed by the President of the United States : And the President of the United States shall be, and is hereby, author- J^SSon Se- ized to continue the enlistment of marines, until the said corps cers in the recess. shall be complete; and, of himself, to appoint the commission- ed officers, whenever, in the recess of the Senate, an appoint- ment shall be necessary. And the enlistments, which shall be Enlistments for made by virtue hereof, may be for the term of three years, sub- Ul ject to be discharged by the President of the United States, or by the ceasing or repeal of the laws providing for the naval ar- mament. And if the marine corps, or any part of it, shall be ordered by the President to do duty on shore, and it shall be- 5^ t orde r ^ d come necessary to appoint an adjutant, paymaster, quartermas- staff officers how ter, sergeant-major, quartermaster-sergeant, and drum and fife- to be a PP mted - major, or any of them, the major or commandant of the corps is hereby authorized to appoint such staff-officer or officers, from the line of subalterns, sergeants and music, respectively, who shall be entitled, during the time they shall do such duty, to the same extra pay and emoluments, which are allowed by law to officers acting in the same capacities in the infantry. SEC. 3. And be it further enacted, That the detachments the corps of marines, hereby authorized, shall be made in lieu of the respective quotas of marines, which have been establish- Slte, ed or authorized for the frigates, and other armed vessels and gallies, which shall be employed in the service of the United States : And the President of the United States may detach and appoint such of the officers of this marine corps, to act on board the frigates, and any of the armed vessels of the United States, respectively, as he shall, from time to time, judge necessary ; any thing in the act " providing a naval armament" to the con- trary hereof notwithstanding. SEC. 4. And be it further enacted, That the officers, non- commissioned officers, privates and musicians aforesaid, shall they shall be gov- take the same oath, and shall be governed by the same rules erl and articles of war, as are prescribed for the military establish- ment of the United States, and by the rules for the regulation of the navy heretofore, or which shall be established by law, according to the nature of the service in which they shall be employed, and shall be entitled to the same allowance, in case Allowance in / j T i ! T case of wounds, oi wounds or disabilities, according to their respective ranks, as & c . are granted by the act u to ascertain and fix the military estab- lishment of the United States." SEC. o. And be it further enacted, That the non-commis- sioned officers, musicians, seamen and marines, who are or shall and contracts be enlisted into the service of the United States ; and the non- commissioned officers and musicians, who are or shall be en- listed into the army of the United States, shall be, and they are hereby exempted, during their term of service, from all per- sonal arrests for any debt or contract. 44 1798. SEC. 6. And be it further enacted, That the marine corps, duty they established by this act, shall, at any time, be liable to do duty do. * to in the forts and garrisons of the United States, on the sea coast, or any other duty on shore as the President, at his discretion, shall direct. APPROVED, July 11, 1T98. AN ACT to make a further appropriation for the additional naval armament. [Obsolete.] iree *^ EC ' ^' ^ e ^ enacted, fyc., That the sum of six hundred of not less thousand dollars shall be, and hereby is, appropriated, to enable gun n s each rty " tw tne President of the United States to cause to be built, and equipped, three ships or vessels, to be of a force not less than thirty- two guns each, and of the dimensions and model which he shall deem most advantageous for the public service, as part of the additional naval armament authorized by law. SEC - 2 - And be ^ further enacted, That the timber and other materials belonging to the United States, proper for build- ing and equipping the ships or vessels aforesaid, remaining in their several dock-yards, and elsewhere, may be employed un- der the direction of the President of the United States, in effec- ting the purposes of this act ; or may be otherwise disposed of ^ ^ e s ^ ia ^ tnm k best. And the sum hereby appropriated shall be paid out of any unappropriated money in the treasury. APPROVED, July 16, 1798. now on hand, His duty. AN ACT to alter and amend the several acts for the establishment and regula- lation of the Treasury, War, and Navy Departments. [Obsolete.] ^ EC< *' ^ e ** enacte ^ $* C "> That there shall be, in the de- partment of the navy, an officer to be denominated accountant of the navy, who shall be charged with the settlement of all accounts for moneys advanced, and stores issued or distributed by or under the direction of the secretary of the navy, and who shall report from time to time all such settlements as shall have been made by him for money advanced or issued, for the inspection and revision of the accounting officers of the Trea- sury. And the compensation of the said accountant shall be a yearly salary of one thousand six hundred dollars.* And all letters and packages to and from said accountant, by mail, shall be free of postage. The treasurer to SEC. 2. And be it further enacted, That the Treasurer of fo? b th? e Navy n De- the United States shall disburse all such money as shall have beel1 previously ordered for the use of the department of the navy, by warrants from the Treasury, which disbursements compensation Letters free. Increased to $2,000, by act of March 2, 1799. 45 shall be made pursuant to warrants from the Secretary of the 1798. Vavy, countersigned by the accountant. [This section repealed May 7, 1822, and all warrants from and after June 30, 822, to be drawn by the Secretary of the Treasury, on the requisitions of the Secretaries of War and the Navy.] SEC. 3. And be it further enacted. That all purchases, and Purchases and ., -. . ^ . / ,i -T i contracts to be contracts, for supplies or services for the military and naval ser- made by the vice of the United States, shall be made by or under the direc- Department^S ion of the chief officers of the departments of war and the g^ t j e u d nts t0 ^ navy respectively, and all agents or contractors for supplies or the accountants services as aforesaid, shall render thek accounts for settlement **" ,o the accountant of the proper department for which such sup- plies or services are required; subject nevertheless to the inspec- ion and revision of the officers of the Treasury in manner be- bre prescribed. SEC. 4. And be it further enacted. That it shall be the duty Purveyor of P ub- " X i i . T , , J lie supplies to ex- of the purveyor of the public supplies to execute all such or- ecute orders from ders as he may from time to time receive from the Secretary of waf^S^tblf War or Secretary of the Navy, relative to the procuring and Nay y- jroviding of all kinds of stores and supplies ; and shall render lis accounts relative thereto to the accountants of the proper departments, which accounts shall be subject to the inspection and revision of the officers of the Treasury as aforesaid. SEC. 5. And be it further enacted, That the provisions of Provisions of for- , / . /.-nr i mer acts re P ea l~ lie act passed on the eighth day of May, one thousand seven ed. hundred and ninety-two, intituled " An act making alterations n the Treasury and War departments," and the act passed on the twenty-third day of February, one thousand seven hundred and ninety-five, intituled " An act to establish the office of Purveyor of public supplies," so far as the same are repugnant to the provisions of this act, be, and the same are hereby, re- pealed. SEC. 6. And be it further enacted. That all contracts to be ^^monly" made by virtue of this act, or of any law of the United States, &c!, toV lodged and requiring the advance of money, or to be in any manner i e Vi h ffice inptrc connected with the settlement of public accounts, shall be de- posited in the office of the Comptroller of the Treasury of the 'United States, within ninety days after their dates, respectively. APPROVED, July 16, 1798. AN ACT fixing the pay of the captains and commanders of ships and vessels of war of the United States. [Obsolete.] SEC. 1. Be it enacted. d"c., That all the vessels in the ser- B ? what officers ~ i TT i (except gallies, which are to be commanded as heretofore pro- vided by law,) by masters or lieutenants, according to the size of the vessel, to be regulated by the President of the United States. comm 46 SEC. 2. And be it further enacted, That the pay of captains Pay and aiiow- commanding ships of thirty-two guns and upwards, be one hun- juice to captftins iiin i i i . andcommanders. dred dollars per month, and eight rations per day ; of captains commanding ships of twenty and under thirty-two guns, sev- enty-five dollars per month, and six rations per day ; of a mas- ter commandant, sixty dollars per month, and five rations per day ; and of lieutenants, who may command the smaller ves- sels, fifty dollars per month, and four rations per day. U SEC. 3. And be it further enacted, That whenever any offi- rons & the cer, as aforesaid, shall be employed in the command of a squad- ^ujjmiaiider of -in > ] the navy. ron, on separate service, the allowance of rations to such com- manding officer shall be doubled during the continuance of such command, and no longer, except in the case of the com- manding officer of the navy, whose allowance, while in service, shall always be at the rate of sixteen rations per day. APPROVED, February 25, 1T99. AN ACT for the augmentation of the navy. [Obsolete.] six ships^ of not SEC. 1. Be it enacted, fyc., That, under the orders of the '"If President of the United States, and in addition to the naval armament already authorized by law, there shall be built within the United States, six ships of war, of a size to carry, and which shall be armed with, not less than seventy-four guns each ; and there shall be built or purchased within the United States, six sloops of war, of a size to carry, and which shall be armed with, eighteen guns each, or not exceeding that force ; all which ships and vessels shall be procured, manned and em- ployed, as soon as may be, for the service of the United States : $1,000,000 appro- and in part of the necessary expenditures to be incurred here- in, a sum not exceeding one million of dollars shall be, and is hereby, appropriated, and shall be paid out of any moneys which shall be in the treasury of the United States not other- wise appropriated. The President SEC. 2. And be it further enacted, That the President of may augment the i TT i ci ini 11 i i force of the other the United otates shall be, and he is hereby, authorized to aug- ment, at his discretion, the force of any ship or vessel, now in the service, or building for the service, of the United States, by allowing an additional number of guns and men therein, be- yond the established rate, and according to the respective size and capacity of such ship or vessel : and a sum not exceeding gooo appropri- thirty-five thousand dollars shall be, and is hereby, appropriated to defray the expense of such augmentation, and shall be paid out of any moneys which shall be in the treasury of the United States not otherwise appropriated. Revenue cutters SEC. 3. And be it further enacted, That the President of the iLn Se ^creased United States shall be, and is hereby, authorized to place on the Se y navS aC e e s d tab n naval establishment, and employ accordingly, all or any of the vessels, which, as revenue cutters, have been increased in force, and employed in the defence of the sea-coast, pursuant to the 47 I act, intituled "An act providing a naval armament;" and 1799. thereupon the officers and crews of such vessels may be allow- ~ ed, at the discretion of the President of the United States, the pay, subsistence, advantages and compensations, proportionably Pay and subsist- to the rates of such vessels, and shall be governed by the rules R^S and disci- and discipline which are, or which shall be, established for the P line - navy of the United States. APPROVED, February 25, 1799. AN ACT authorizing the establishment of docks. [Obsolete.] Be it enacted, fyc., That two docks, for the convenience of x j c te d d ocks to be repairing the public ships and vessels, be erected in suitable pla- ces, under the direction of the President of the United States, and that the sum of fifty thousand dollars be appropriated to- $50,000 appropn- wards effecting this object, to be paid out of any moneys in the al< treasury of the United States not otherwise appropriated. APPROVED, February 25, 1799. AN ACT authorizing the purchase of timber for naval purposes. [Obsolete.] Be it enacted, fyc., That the President of the United States shall be, and he is hereby, authorized to direct a sum not ex- ceeding two hundred thousand dollars, to be paid out of any moneys in the treasury not otherwise appropriated, to be laid cha ^ e timber or out in the purchase of growing or other timber, or of lands on ai which timber is growing, suitable for the navy, and to cause the proper measures to be taken to have the same preserved for the future uses of the navy. APPROVED, February 25, 1799. AN ACT authorizing the augmentation of the Marine Corps. [Obsolete.] .Be it enacted, frc., That the President of the United States Augmentation of in, -i i i i i i i . tne marine corps. shall be, and lie is hereby, authorized to cause the marme corps in the service of the United States to be augmented, by the ap- pointment and enlistment of not exceeding two first lieutenants/ six second lieutenants, eight surgeons, [sergeants] one hundred and seventy privates, and eighteen drums and fifes, who shall be respectively allowed the same pay, bounty, clothing, and ra- tions, and shall be employed under the same rules and regula- tions to which the said marine corps are or shall be entitled and subject, APPROVED, March 2, 1799. AN ACT for the government of the navy of the United States. [Repealed by act, approved April 23, 1800.] SEC. 1. Be it enacted, fyc., That the following rules and re- gulations be adopted and put in force, for the government of the navy of the United States. 48 1799. Article 1. The commanders of all ships and vessels, belong- Duty of com- ing to the United States, are strictly required to show in them- selves a good example of honor and virtue to their officers and men, and to be very vigilant in inspecting the behavior of all such as are un-der them, and to discountenance and suppress all dissolute, immoral, and disorderly practices, and also such as are contrary to the rules of discipline and obedience, and to correct those who are guilty of the same, according to the usage of the sea service. 2. The commanders of the ships of the United States, hav- Divine service, ' m g O11 board chaplains, are to take care that divine service be performed twice a day, and a sermon preached on Sundays, unless bad weather, or other extraordinary accidents, prevent. swearing and 3. Any person who shall be guilty of profane swearing, or drunkenness to ;. -. , /? i n i be punished. of drunkenness, if a seaman or marine, shall be put in irons un- til sober, and then flogged if the captain shall think proper ; but if an officer, he shall forfeit two days' pay, or incur such pun- ishment as a court martial shall impose, and as the nature and degree of the offence shall deserve. to SSagrea n tS 4. No commander, for any offence, shall inflict any punish- punishment than me nt upon a seaman or marine beyond twelve lashes upon his twelve lashes, , , r , . , f . A ., J , - bare back with a cat or nine tails, and no other cat shall be made use of on board any ship of war, or other vessel belong- ing to the United States; if the fault shall deserve a greater punishment., he is to apply to the Secretary of the Navy, the commander-in-chief of the navy, or the commander of a squad- ron, in order to the trying of him by a court martial ; and in the mean time he may put him under confinement. Nor to discharge 5. The commander is never by his own authority to dis- waSnt^officers" charge a commission or warrant officer, nor to punish or strike &c - ' him, but he may suspend or confine him, and shall report the case to the Secretary of the Navy, or commandant of a squad- ron, as soon as he arrives in port, if at sea, or if in port in ten days, in order that a court martial may decide on the offence, officer occasion* 6. The officer who commands by accident in the captain or n- commander's absence, (unless he be absent for a time by leave,) shall not order any correction but confinement, and upon the captain's return on board he shall then give an account of his reasons for so doing. Articles of war to 7. The captain is to cause the articles of war to be hung up Jead! 11 ^ up and in some public place of the ship, and read to the ship's compa- ny once a month. seamen to be en- 8. Whenever a captain shall enter or enlist a seaman, he loo e ks? ntheship ' s slia11 take care to enter on his books the time and terms of his entering, in order to his being justly paid. netum of officers 9. The captain shall, before he sails, make return to the Se- raade&c. to be cretaiy of the Navy a complete list of all his officers and men, with the time and terms of their entering, and during his cruise or station shall keep a true account of the desertion or death of any of them, and of the entering of others, and after the expiration of the time for which they were entered, and before any of them 49 are paid off, he shall make return of a complete list of the same, 1799. including those who shall remain on board his ship. 10. The men shall, at their request, be furnished with slops SedwiaT s iop" that are necessary, by order of the captain, arid the amount delivered to each man shall be regularly returned by the pur- ser, so that the same be stopped out of his pay. 11. All officers, not having commissions or warrants, (or ap- who are petty of- pointed commission or warrant officers for the time being,) are hc termed petty, or inferior, officers. 12. Whenever any inferior officer, seaman, or other person, Petty officers and be turned over into the ship of a commander other than the one with whom he entered, he is not to be rated on the ship's books in a worse quality, .or lower degree or station, than he served in the ship he was removed from ; and for the guide of the captain, he is to demand from the commander of the ship from which such person or persons were turned over, a list, under his hand, of his or their names, and the quality in which he or they served. 13. Any officer, seaman or other person, entitled to wages or wages and prize prize money, may have the same paid to his assignee, provided Sto assignee?. the assignment be attested by the captain and the purser ; but the captain or commander of every vessel in the service of the United States is to discourage his crew from selling any part of their wages or prize money, and never to attest the letier of at- torney until he is satisfied that the same is not granted in con- sideration of money given for the purchase of wages, or shares of prize money. 14. When any officer or other person dies, the captain is in case of death, forthwith to have his name entered on the books of the ship, emere'Ton the in order to the wages being forthwith paid to his executors or books - administrators. 15. A convenient place shall be set apart for the sick men, to which they are to be removed, with their hammocks and bedding, when the surgeon shall advise the same to be ne- cessary, and some of the crew shall be appointed to attend them, and keep the place clean ; cradles and buckets with cov- ers shall be made for their use, if necessary. 16. All ships furnished with fishing tackle, being in such Fishing. places where fish is to be had, the captain is to employ some of the company in fishing. The fish to be daily distributed to such persons as are sick, or upon recovery, provided the sur- geon recommend it, and the surplus, by turns, amongst the messes of the officers and seamen, gratis, without any deduc- tion of their allowance of provisions on that account. 17. It is left to the discretion of commanders of squadrons in case of to shorten the allowance of provisions according to the exigence ofp of the service, taking care that the men be punctually paid for be 8horten d - the same ; the like power is given to captains of ships acting singly, where it is deemed necessary; and if there should be a want of pork, the captain is to order three pounds of beef to be issued in lieu of two pounds of pork. 4 50 1T99. 18. If any ships of the United States shall happen to come warrant for sup- into port in want of provisions, the warrant of the commander 1S ' of the squadron, or of a captain where there is no commander of a squadron present, shall be sufficient to procure the supply of the quantity wanted, from the agent or navy agent, at such port. Provisions to be 19. The captains are frequently to cause to be inspected the condition of the provision, and if the bread proves damp, to have it aired upon the quarter deck, and other convenient places, and in case of the pickle being leaked out of the flesh casks, he is to have new pickle made and put therein, after such casks are repaired. clothes, etc., of 20. The captain shall cause the purser to secure the clothes, to be bedding, and olher things, of such persons as shall die or be killed, to be delivered to their executors or administrators. ^' ^ papers, charter-parties, bills of lading, passports, and vessels to be pre- other writings whatsoever, found on board any ship or ships which shall be taken, shall be carefully preserved, and the ori- ginals sent to the court of justice for maritime affairs, appoint- ed, or to be appointed, for judging concerning such prize or Persons Destroy- prizes, and if any person or persons shall wilfully or negligently forfeiutSIr prize destroy or suffer to be destroyed any such paper or papers, he money. or fo G y so offending shall forfeit his or their share of such prize or prizes, and suffer such other punishment as they shall be Penalty on steal- judged by a court martial to deserve ; and if any person or per- ing certain things sons shall embezzle or steal, or take away any cables, anchors, sails, or any of the ship's furniture, or any of the powder, arms, ammunition, or provisions of any ship belonging to the United States, or of any prize taken by a ship or ships aforesaid, or mal- treat or steal the effects of any prisoner, he or they so offend- ing shall suffer such punishment as a court martial shall order. Preparation for 22. When in sight of any ship, ships, or other vessels of the enemy, or at such other times as may appear necessary to pre- pare for an engagement, the captain shall order all things in his ship in a proper posture for fight, and shall, in his own person, and according to his duty, heart on and encourage the inferior officers and men to fight courageously, and not to behave them- selves faintly or cry for quarters, on pain of such punishment as the offence shall appear to deserve for his neglect. cowardice. 23. Any captain, officer, or other person, who shall not exert- himself, or who shall basely desert his duty or station in the ship, and run away while the enemy is in sight, or in time of action, or shall entice others to do so, shall suffer death, or such other punishment as a court martial shall inflict. Mutiny and sedi- 24. Any officer, seaman, mariner, or other person, who shall disobey the orders of his superior, or begin, excite, cause, or join in, any mutiny or sedition in the ship to which he belongs, or in any other ship or vessel in the service of the United States, on any pretence whatsoever, shall suffer death, or such other punish- ment as a court martial shall direct ; and further, any person, in any ship or vessel belonging to the service aforesaid, who 51 shall utter any words of sedition and mutiny, or endeavor to 1799. make any mutinous assembly on any pretence whatsoever, ~~ shall suffer such punishment as a court martial shall inflict. 25. None shall presume to quarrel with or strike his superior Quarreling w officer, on pain of such punishment as a court martial shall or- perS'offifSn der to be inflicted. 26. If any person shall apprehend he has just cause of com- auae plaint, he shall quietly and decently make the same known to made known, his superior officer, or to the captain, as the case may require, who shall take care that justice be done him. 27. There shall be no quarreling or fighting between ship- Quarreling and 1-11 i T j n * fighting, etc. mates on board any ship belonging to the United States, nor shall there be used any reproachful or provoking speeches, tending to make quarrels and disturbances, on pain of impri- sonment, or of such punishment as the captain or a court mar- tial shall judge proper to inflict. 28. If any person shall sleep upon his watch, or negligently Neglect of duty. perform the duty which shall be enjoined him to do, he shall suffer such punishment as the captain or a court martial shall inflict. 29. All murder shall be punished with death. Murder. 30. All robbery and theft, not exceeding twenty dollars, shall Robbery & theft, be punished at the discretion of the captain, and above that sum as a court martial shall inflict. 31. Any master of arms, or other person of whom the like Master of arms j . ", .,,,.' , . . misbehaving. duty may be required, refusing to receive sucn prisoner or pri- soners, as shall be committed to his charge, or having received them shall suffer him or them to escape, or dismiss them with- out orders from his captain, the commander-in-chief of the navy, or the commander of a squadron, for so doing, shall suffer in his or their stead as a court martial shall order and direct. 32. The captains, officers, and others, shall use their utmost Duty of detecting endeavors to detect, apprehend, and bring to punishment, all offenders, and shall at all times readily assist all officers and others appointed for that purpose, in the discharge of such duty, when it is required, on pain of being proceeded against and punished by a court martial at discretion. 33. If any officer whatsoever, mariner, marine, soldier, or other correspondence person, belonging to any ship or vessel of war in the service rebeis? nenues OT of the United States, shall give, hold, or entertain, intelligence, to or with any enemy or rebel, without leave from the Govern- ment, commander-in-chief, or, in case of a single ship, from his captain, ever)'" such person so offending, and being thereof con- victed by the sentence of a court martial, shall be punished with death. 34. If any letter or message from an enemy, or a rebel, be Letters ormessa- conveyed to any officer, mariner, marine, or other person, be- oV%ebSs en to m be longing to any ship or vessel in the service of the United States, made known * and the person as aforesaid shall not, within twelve hours, hav- ing opportunity so to do, acquaint his superior or commander- in-chief with it; or if any superior officer, being acquainted 52 1799. therewith, shall not in convenient time reveal the same to the ~~ commander-in-chief, commander of a squadron, or other proper- officer, appointed to take cognizance of such offence, every such person so offending, and being convicted thereof by the sentence of a court martial, shall be punished with death, or such other punishment as the nature and degree of the offence shall deserve, and according to the sentence of a court martial. gpies 35. All spies, and all persons whatsoever who shall come or be found in the nature of spies, to bring or deliver any seducing letter or message from an enemy or rebel, or endeavor to cor- rupt any captain, officer, mariner, marine, or other person, in the fleet, to betray his trust, being convicted of any such offence by the sentence of a court martial, shall be punished with death, or such other punishment as the nature and degree of the of- fence shall deserve, and the court martial shall impose. supplying enc- 36. No person in a fleet, or in a single ship or vessel, shall supply an enemy or rebel with stores, money, victuals, arms, ammunition, or any kind of stores, directly or indirectly, upon pain of death, or such other punishment as a court martial shall think fit to impose, and as the nature and degree of the crime shall deserve. eMm awa etc ^' ^ ver Y P erson m or belonging to any ship or vessel in or C yfe"ding'c e ow-the service of the United States, who shall desert or run away ardiy, etc. w j ta anv vesse } or boat, to the enemy or otherwise, or with any effects of the United States whatsoever, or yield up the same cowardly or treacherously, shall suffer death, or such other pun- ishment as a court martial shall inflict. Duty as to con- 33, r jp ne officers and seamen, etc., of all ships appointed for convoy and guard of merchantmen, shall diligently attend upon that charge without delay, according to their instructions, and whosoever shall be faulty therein, shall be punished as a court martial shall direct. penalty on recei- 39. If any captain, commander, or other officer, of any ship or vessel in the service of the United States, shall receive or permit on board his vessel any goods or merchandise, other than for the sole use of his vessel, except gold, silver or jewels, and except the goods and merchandise of vessels which may be in distress or shipwrecked, or in imminent danger of being ship- wrecked, or in order to preserve them for the proper owner, without legal orders from the naval department, every person so offending, being convicted thereof by the sentence of a court martial, shall be cashiered, and be forever afterwards rendered incapable to serve in any place or office in the navy service of the United States. 40. There shall be no wasteful expense of any powder, shot, "& ammunition, or other stores, in the vessels belonging to the United States, nor any embezzlement thereof, but the stores and provisions shall be carefully preserved, upon pain of such punishment, to be inflicted upon the offenders, abettors, buy- ers and receivers, as shall be by a court martial found just in that behalf. 53 41. Every person in the navy who shall unlawfully burn or 1799. set fire to any kind of public property, not then appertaining unlawfully set- J ill-- i / i j? ting fire to public to an enemy, pirate, or rebel, being convicted of any such of- property. fence by the sentence of a court martial, shall suffer death. 42. Care shall be taken in steering and conducting every care to be used ship belonging to the United States, so that through wilfulness, m negligence, or other defaults, no ship be stranded or hazarded, upon pain that such as shall be found guilty therein be pun- ished as the offence, by a court martial, shall be judged to de- serve. 43. Every officer or other person in the navy, who shall JfJ^' a knowingly make or sign a false muster, or procure the making or signing thereof, or shall aid or abet in the same, shall be cashiered, and rendered incapable of further employment in the navy service of the United States, and shall forfeit all the pay and subsistence money due him. 44. Every person guilty of mutiny, desertion, or disobedience JjJJ^ d ^SS^ to his superior officer on shore, acting in the proper line of his dience'on shore, duty, shall be tried by a court martial, and suffer the like pun- ishment for every such offence, as if the same had been com- mitted at sea, on board any ship or vessel of war in the service of the United States. 45. If any person, belonging to any ship or vessel of war in the service of the United States, shall, when on shore, on duty bu or otherwise, plunder, abuse, or maltreat, any inhabitant, or in- jure his property in any way, such person shall be punished as a court martial shall direct. 46. All faults, disorders, and misdemeanors, which shall be punishment of committed on board any ship belonging to the United States, JJjj gpS"^ and which are not herein mentioned, shall be punished accord- ing to the laws and customs in such cases at sea. 47. No court martial, to be held or appointed bv virtue of HOW a court mar- , 1 in r- i i i i / tia l shall be com- tms act, shall consist or more than thirteen, nor less than live posed, persons, to be composed of such commanders of squadrons, captains, and sea lieutenants, as are then and there present, and as are next in seniority to the officer who presides ; but no lieu- tenant shall sit on a court martial held on a captain, or a ju- nior lieutenant on that of a senior. 48. Every member of a court martial shall take the follow- ing oath: "I, A. B. do swear, that I will well and truly try and impartially determine the cause of the prisoner now to be tried, according to the rules of the navy of the United States So help me God." Which oath shall be administered by the president to the other members, and the president himself shall be sworn by the officer next in rank ; and as soon as the above oath shall have been administered, the president of the court is required to administer to the judge advocate, or person official- Judge advocate,, ing as such, an oath in the following words : " I, A. B. do swear, that I will not, upon any account, at any time whatsoever, disclose or discover the vote or opinion of any par- ticular member of this court martial, unless thereto required by 54 1T99. an act of Congress So help me God." And all the witnesses', and witnesses" before they be admitted to give evidence, shall take the follow- ing oath : " I, A. B. do swear, that the evidence I shall give in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth So help me God." sentences, court 49. The sentence of a court martial for any capital offence S? r cases lrf to ai be shall not be put in execution until it be confirmed by the corn- confirmed, etc. rnander-in-chief of the fleet. And it shall be the duty of the president of every court martial, to transmit to the commander- in-chief of the fleet, and to the head of the Navy Department, every sentence which shall be given, with a summary of the evidence and proceedings thereon, as soon as may be. Commander in 50. The commaiider-in-chief of the fleet, for the time being, shall have power to pardon and remit any sentence of death, in consequence of any of the afoiementioned articles. f ^ EC ' ^' ^ nc ^ ^ e it further enacted. That if any person in the navy service, being called upon to give evidence at any court martial, shall refuse to give his evidence upon oath, or shall prevaricate in his evidence, or behave with contempt to the court, it shall and may be lawful for such court martial to pun- ish such offender by imprisonment, at the discretion of the court; such imprisonment, in no case, to continue longer than three months ; and that all and every person and persons who nd sub- shall commit any wilful perjury in any evidence or examina- thereof. ^ on U p On oa th at such court martial, or who shall corruptly procure or suborn any person to commit such wilful perjury, shall and may be prosecuted in any of the courts of the United States by indictment or information. And all and every per- son, lawfully convicted upon any such indictment or informa- tion, shall be punished with such pains and penalties as are in- flicted for the like offences by the laws therein provided. ,,, SEC. 3. And it is hereby further enacted, by the authority Authority of the . . . i /* i officers to contin- aforesaid, 1 hat, in all cases where the crews of the snips or ves- 16 JS ~ sels 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 was not so wrecked, lost, or destroyed, until they shall be regularly discharged from the service of the United States, or removed into son^e other of its said ships, or until a court martial shall be held to enquire into such loss of the said be held. s } n *p or vessel ; and if, upon enquiry, it shall appear by the sen- tence of the court martial, that all or any of the officers, seamen, marines, and others, of the said ship or vessel, did their utmost to preserve, get off, or recover, the said ship or vessel, and after the loss thereof did behave themselves obediently to their su- perior officers, according to the discipline of the navy, and the said articles and orders hereinbefore established, then all the B pay and wages of the said officers and seamen, or such of them tinS! l ' n ~ as shall have done their duty as aforesaid, shall continue and go on, and be paid to the time of their discharge or death ; and 55 every such officer or seaman who, after the wreck or loss of his 1T99. said ship or vessel, shall act contrary to the discipline of the Punishment for navy, or the articles hereinbefore established, or any of &kfa,tiSS$ n ***- shall be sentenced by the said court martial, and be punished, as if the ship to which he did belong was not so wrecked or destroyed. SEC. 4. And be it further enacted, That all the pay and Prisoners' pay t& wages of such officers and seamen of any of the ships of the g United States as are taken by the enemy, and upon enquiry at a court martial shall appear, by the sentence of the said court, to have done their utmost to defend the ship or ships, and since the taking thereof to have behaved themselves obediently to their superior officers, according to the discipline of the navy, and the said articles and orders hereinbefore established, shall continue and go on as aforesaid, until they be exchanged and discharged, or until they shall die, whichever may first happen : provided always, that persons flying from justice shall be tried and punished for so doing. SEC. 5. And be it further enacted, That all captured iia- TO whom prize* tional ships or vessels of war shall be the property of the Uni- sh ted States ; all other ships or vessels, being of superior force to the vessel making the capture, in men or in guns, shall be the sole property of the captors ; and all ships or vessels of inferior force shall be divided equally between the United States and the officers and men of the vessel making the capture. SEC. 6. And be it further enacted, That the produce of D^tribu prizes taken by the ships of the United States, and bounty for bounty! taking the ships of the enemy, be proportioned and distributed in the manner following, to wit : 1. To the captain actually on board at the time of taking any prize, being other than public or national vessel, or ship of war, three-twentieths of that proportion of the proceeds belong- ing to the captors. 2. If such captain or captains be under the immediate com- mand of a commander-in-chief, or commander of a squadron, having a captain on board, such commander-in-chief, or com- mander of a squadron, to have one of the said twentieth parts, and the captain taking the prize, the other two-twentieth parts. 3. To the sea lieutenants and sailing-master, two twentieths. 4. To marine officers, the surgeon, purser, boatswain, gun- ner, carpenter, master's mate, and chaplain, two-twentieths. 5. To midshipmen, surgeon's mates, captain's clerk, clergy- man or schoolmaster, boatswain's mates, gunner's mates, car- penter's mates, ship's steward, sailmaker, master-at-arms, armorer and cockswain, three-twentieths. 6. Gunner's yeoman, boatswain's yeoman, quarter-masters, quarter-gunners, cooper, sailmaker's mates, sergeant of ma- rines, corporal of marines, drummer and fifer, and extra petty officers, three-twentieths. 7. To seamen, ordinary seamen, marines and boys, seven- twentieths. 56 1T99. 8. Any officer on board having more posts than one, is only Distribution of entitled to the share belonging; to his superior office, according: pnze t money and t() ^ regu , ations aforesa id. 9. Whenever one or more ships of the United States are in sh h a i Fe% i Juafiy!' l si ^ Qt ? at tne time of an 7 one or more otner ships as aforesaid are taking a prize or prizes, or being engaged with an enemy, and they shall all be so in sight when the enemy shall strike or surrender, they shall share equally, according to the number of guns and men on board of each ship so in sight ; but no pri- vateer or armed ship, being in sight of a national ship of war at the taking of any prize, shall be entitled to any share in such prize or prizes. 10. Commanders of ships of war taking any prize are to commanders to transmit, as soon as possible, to the naval department, a true ficew n andmen? f " list of the officers and men actually on board at the taking of such prize, inserting therein the quality of every person's rating; and the department aforesaid is to examine the said list by the ship's muster book to see their agreement, and is to grant cer- tificates of the truth of such list transmitted, in order that the agents appointed by the captors make payment of the shares agreeably to this act. 11. In order to define the rights and privileges of command- when the com- ers-in -chief, commanders of squadrons, and captains, in relation mander- in -chief T i /> n not to share. to captures, no commanoer-in-chiei, or commander of a squadron, shall be entitled to receive any share of prizes taken by the ships of war of the United States that are not put under his immediate command, nor of such prizes as may have been taken previous to such ship's being placed under his command, and until they have acted under his immediate orders ; nor shall a commander-in-chief, or commander of a squadron, returning home from any station where he had the command, have any share in prizes taken by ships left on such station after he has got out of the limits of his said command. 12. Captains, sailing especially under orders from the navy captains acting department, are clearly to be understood as acting separately separately. f rom anv Sll p e rior officer. Bounty. 13. The bounty given by the United States on any national ship of war taken from the enemy, and brought into port, shall be for every cannon mounted, carrying a ball of twenty-four pounds or upwards, two hundred dollars; for every cannon carrying a ball of eighteen pounds, one hundred and fifty dol- lars ; for every cannon carrying a ball of twelve pounds, one hundred dollars ; and for every cannon carrying a ball of nine pounds, seventy-five dollars ; for every smaller cannon, fifty dol- lars ; and for every officer and man taken on board, forty dol- lars ; which sums are to be divided agreeably to the foregoing articles. Rates of salvage. SEC. 7. And be it further enacted, That, for the ships or goods belonging to the citizens of the United States, or to the citizens or subjects of any nation in amity with the United States, if re-taken from the enemy within twenty-four hours, 57 the owners are to allow one-eighth part of the whole value, for 1799. salvage ; if after twenty-four hours and under forty-eight, one- salvage. fifth thereof; if above that and under ninety-six hours, one-third part thereof; and if above that, one-half; all of which is to be paid without any deduction whatsoever, agreeably to the arti- cles hereinbefore mentioned. SEC. 8. And be it further enacted, That every officer, sea- Allowance of hair man, or marine, disabled in the line of his duty, shall be enti- JSbJed ?n rs the tied to receive for his own life, and the life of his wife, if a service - married man at the time of receiving the wound, one-half his monthly pay. SEC. 9. And be it further enacted. That all the money ac- f rize money be- i i i i i i r i i r longing to t ne cruing, or which has already accrued, from the sale of prizes, public to be a shall be and remain forever a fund for the paj^ment of the half [SeliSfpay^ etc? pay to the officers and seamen who may be entitled to receive the same; and if the said fund shall be insufficient for this pur pose, the public faith is hereby pledged to make up the defi- ciency : but if it should be more than sufficient, the surplus shall be applied as Congress may hereafter direct by law, to the mak- ing of further provision for the comfort of the disabled officers, seamen, and marines, and for such as may not be disabled, who may merit by their bravery, or their long and faithful services, the gratitude of their country. SEC. 10. And be it further enacted, That the said fund 5Jj n f ^ e d ment of shall be under the management and direction of the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, for the time being, who are hereby authorized to receive all such sums as the United States may be entitled to from the sale of prizes, and to invest the same, and the interest arising therefrom, in such of the six per cent, or other stock of the United States, as a majority of them from time to time shall de- termine to be the most advantageous ; and it shall be the duty of the said commissioners to lay before Congress, every year, in the first week of their annual meeting, a minute and correct statement of their proceedings in relation to the management of said fund. SEC. 11. And be it further enacted, That no rules or regu- Private rules to lations, made by any commander-in- chief, or captain, in the ser- SlnTth^us^- vice of the United States, for the stationing, designating of esof the sea ser- duty, and government of the fleet, or any of the crews of any ship of war, shall be at variance with this act, but shall be strictly conformable thereto; and that every commander-in- chief and captain, in making private rules and regulations, and designat- ing the duty of his officers, shall keep in view also the custom and usage of the sea-service most common to our nation. APPROVED, March 2, 1799. 58 800. [An act, approved March 2, 1799, allows to the Secretary of the Navy a sala- ry of $4,500 ; and to the Accountant of the Navy Department a salary of $2,000 per annum.] .-. AN ACT in addition to " An act for the relief of sick and disabled seamen." SEC. 1. [Authorizes the President to direct the expenditure of moneys collected by virtue of an act, approved July 16, 1798, " for the relief of sick and disabled seamen."] secretary of the SEC. 2. The Secretary of the Navy shall be, and he hereby 2o avy cents ded peM s ' autnor i ze d and directed to deduct, after the first day of Sep- month from the tember next, from the pay thereafter to become due, of the offi- ' cers, seamen, and marines, of the navy of the United States, at the rate of twenty cents per month, for every such officer, sea- man, and marine, and to pay the same quarter annually to the Secretary of the Treasury, to be applied to the same purposes as the money collected by virtue of the abovementioned act is appropriated. officers, seamen, SEC. 3. The officers, seamen, and marines, of the navy of tSena^wStied the United States, shall be entitled to receive the same benefits the th a c rof fi juiy an ^ advantages as, by the act abovementioned, are provided for is, 1798. the relief of the sick and disabled seamen of the merchant ves- sels of the United States. APPROVED, March 2, 1799. AN ACT authorizing the President of the United States to fill certain vacan- cies in the army and navy. [Obsolete.] President autho- Be it enacted, fyc., That the President of the United rized to make States shall be, and he is hereby, authorized to make ap- appomlments to *_, , J ' . i i fill vacancies m pomtments to fill any vacancies in the army and navy which "* ma y nave happened during the present session of the Senate. APPROVED, March 3, 1799. AN ACT fixing the rank and pay of the commanding officer of the corps of marines. [Obsolete.] Be it enacted, $c., That a lieutenant-colonel command- ant shall be appointed to command the corps of marines, and shall be entitled to the same pay and emoluments as a lieu- ?o a mmanL P g a offi f tenant-C()lonel in the army of the United States; any thing in C OT s the marine th e ac t f r the establishing and organizing a marine corps to the contrary notwithstanding ; and that the office of major of the said corps shall thereafter be abolished. APPROVED, April 22, 1800. 59 AN ACT for the better government of the navy of the United States. 1800. SEC. 1. Be it enacted, fyc.. That, from and after the first day of June next, the following rules and regulations be adopt- ed and put in force, for the government of the navy of the Uni- ted States. Art. 1. The commanders of all ships and vessels of war be- longing to the navy are strictly enjoined and required to show duct mp in a cumbent in themselves a good example of virtue, honor, patriotism, and on commanders - subordination, and be vigilant in inspecting the conduct of all such as are placed under their command ; and to guard against, and suppress, all dissolute and immoral practices, and to correct all such as are guilty of them, according to the usage of the sea service. Art. 2. The commanders of all ships and vessels in the navy, having chaplains on board, shall take care that divine service be performed in a solemn, orderly, and reverent man- ner twice a day, and a sermon preached on Sunday, unless bad weather, or other extraordinary accidents prevent it : and that they cause all, or as many of the ship's company as can be spared fram duty, to attend at every performance of the wor- ship of Almighty God. Art. 3. Any officer, or other person, in the navy, who shall punishment of be guilty of oppression, cruelty, fraud, profane swearing, drunk- i C oTs a offenc C eT da enness, or any other scandalous conduct, tending to the destruc- tion of good morals, shall, if an officer, be cashiered, or suffer such other punishment as a court martial shall adjudge : if a private, shall be put in irons, or flogged, at the discretion of the captain, not exceeding twelve lashes ; but if the offence require severer punishment, he shall be tried by a court martial, and suffer such punishment as said court shall inflict. Art. 4. Every commander, or other officer, who shall, upon signal for battle, or on the probability of an engagement, ne- Penalties on the , i i /. i n ?. breach of duty in gleet to clear his ship for action, or shall not use his utmost ex- respect of attack ertions to bring his ship to battle, or shall fail to encourage, in and battle< his own person, his inferior officers and men to fight courage- ously, such offender shall suffer death, or such other punish- ment as a court martial shall adjudge; or any officer neglecting, on sight of any vessel or vessels of an enemy, to clear his ship for action, shall suffer such punishment as a court martial shall adjudge ; and if any person in the navy shall treacherously yield, or pusillanimously cry for quarters, he shall suffer death, on conviction thereof, by a general court martial. Art. 5. Every officer, or private, who shall not properly ob- p unishmen t f or serve the orders of his commanding officer, or shall not use his not observing O r- utmost exertions to carry them into execution, when ordered to prepare for, join in, or when actually engaged in, battle ; or shall at such time basely desert his duty or station, either then, or while in sight of an enemy, or shall induce others to do so, every person so offending shall, on conviction thereof by a gen- eral court martial, suffer death or such other punishment as the said court shall adjudge. 60 1800. Art. 6. Every officer, or private, who shall, through coward- for ice, negligence, or disaffection, in time of action, withdraw from, geS r , l or ' dS- or keep out of battle, or shall not do his utmost to take or de- stroy every vessel which it is his duty to encounter, or shall not do his utmost endeavor to afford relief to ships belonging to the United 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. Papers to be -Art. 7. The commanding officer of every ship or vessel in ^ e uav Yi wno sna ^ capture, or seize upon, any vessel as a prize, shall carefully preserve all the papers and writings found on board, and transmit the whole of the originals, unmutilated, to the judge of the district to which such prize is ordered to pro- ceed, and shall transmit to the Navy Department, and to the agent appointed to pay the prize money, complete lists of the officers and men entitled to a share of the capture, inserting therein the quality of every person rating, on pain of forfeiting his whole share of the prize money resulting from such capture, and suffering such further punishment as a court martial shall ' adjudge. Penalty on piiiag- Art. 8. No person in the navy shall take out of a prize, or maltreating 6 ' the vesse ^ seized as a prize, any money, plate, goods, or any part of persons on board her rigging, unless it be for the better preservation thereof, or absolutely 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, without fraud, conceal- ment, or embezzlement, shall be brought in, and judgment passed thereon, upon pain that every person offending herein shall forfeit his share of the capture, and suffer such further punishment as a court martial, or the court of admiralty in which the prize is adjudged, shall impose. Art. 9. No person in the navy shall strip of their clothes, or pil- lage, or in any manner maltreat, persons taken on board a prize, on pain of such punishment as a court martial shall adjudge, intercourse with Art. 10. No person in the navy shall give, hold, or entertain JeT s mies and re "any intercourse or intelligence to or with any enemy or rebel, without leave from the President of the United States, the Sec- retary 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 martial shall adjudge. Letter or message -Art. 11. If any letter or message from an enemy or rebel Se maX e taawn ^ e conveve d lo anv officer or private of the navy, and he shall not, within twelve hours, make the same known, having op- portunity 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 squad- ron, or other proper officer, whose duty it may be to take cogni- zance thereof, every such offender shall surfer death, or such other punishment as a court martial shall adjudge. 61 Art. 12. Spies, and all persons who shall come or be found 1800. in the capacity of spies, or who shall bring or deliver any se- spies simii suffer ducing letter or message from an enemy or rebel, or endeavor to corrupt any person in the navy to betray his trust, shall suf- fer death, or such other punishment as a court martial shall ad- judge. Art. 13. If any person in the navy shall make, or attempt to , . J * i /. Mutiny and sedi- make, any mutinous assembly, he shall, on conviction thereof tion. by a court martial, suffer death ; arid 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 execution of his office; or, being witness to any mutiny or sedition, shall not do his ut- most to suppress it, he shall be punished at the discretion of a court martial. Art. 14. No officer or private in the navy shall disobey the ?i^j^ j lawful orders of his superior officer, or strike him, or draw, or f* superior offi- offer to draw, or raise, any weapon against him, while in the execution of the duties of his, office, on pain of death, or such other punishment as a court martial shall inflict. Art. 15. No person in the navy shall quarrel with any other Quarreling. person in the navy, nor use provoking or reproachful words, gestures, or menaces, on pain of such punishment as a court martial shall adjudge. Art. 16. If any person in the navy shall desert to an enemy Desertion. or rebel, he shall suffer death. Art. 17. If any person in the navy shall desert, or shall en- tice others to desert, he shall suffer death, or such other punish- ment as a court martial shall adjudge; and if any officer, or other person belonging to the navy, shall receive or entertain any deserter from any other vessel of the navy, knowing him to be such, and shall not, with all convenient speed, give no- tice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron, he shall, on conviction thereof, be cashiered, or be punished at the discretion of a court martial. All offences, offences commit- committed by persons belonging to the navy while on shore, ted on shore< shall be punished in the same manner as if they had been com- mitted at sea. Art. 18. If any person in the navy shall knowingly make e a u d nited^ate S s or sign, or shall aid, abet, direct, or procure the making or sign- ing, of any false muster, or shall execute, or attempt, or coun- tenance, any fraud against the United States, he shall, on con- viction, be cashiered, and rendered forever incapable of any future employment in the service of the United States, and shall forfeit all the pay and subsistence due him, and suffer such other punishment as a court martial shall inflict. Art. 19. If any officer, or other person, in the navy, shall, improper naviga- T i . . J , . ' . J ' ' tion of vessels. through inattention, negligence, or any other fault, suffer any vessel of the navy to be stranded, or run upon rocks or shoals, or hazarded, he shall suffer such punishment as a court martial shall adjudge. 62 1800. Art. 20. If any person in the navy shall sleep upon his Negligence m the watch, or negligently perform the duty assigned him, or leave S u r t y t c nce of his station before regularly relieved, he shall suffer death, or such punishment as a court martial shall adjudge; or, if the of- fender be a private, he may, at the discretion of the captain, be put in irons, or flogged not exceeding twelve lashes. Murder. Art. 21. The crime of murder, when committed by any of- ficer, seaman, or marine, belonging to any public ship or ves- sel of the United States, without the territorial jurisdiction of the same, may be punished with death by the sentence of a court martial. Duties in relation Art. 22. The officers and privates of every ship or vessel to convoy. appointed as convoy to merchant or other vessels, shall diligent- ly and faithfully discharge the duties of their appointment, nor shall they demand or exact any compensation for their services, nor maltreat any of the officers or crews of such merchant or other vessels, on pain of making such reparation as a court of admiralty may award, and of suffering such further punishment as a court martial shall adjudge. Penalty on recei- Art. 23. If any commander or other officer shall receive or onboard? 1 1 * e permit to be received, on board his vessel, any goods or mer- chandise, other than for the sole use of his vessel, except gold, silver, or jewels, and except the goods or merchandise of ves- sels 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 incapacitated forever afterwards for any place or office in the navy. Waste, embez- Art. 24. If any person in the navy shall waste, embezzle, plTbiirproperty^ or fraudulently buy, sell, or receive, any ammunition, provi- sions, or other public stores ; or if any officer or other person shall, knowingly, permit, through design, negligence, or inat- tention, any such waste, embezzlement, 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 direct. Burning, or des- Art. 25. If any person in the navy shall unlawfully set fire tr ro yi en publi ^ or ^ urn anv kind of public property, not then in the posses- sion of an enemy, pirate, or rebel, he shall suffer death : and if any person shall, in any other manner, destroy such proper- ty, or shall not use his best exertions to prevent the destruction thereof by others, he shall be punished at the discretion of a court martial. Theft Art. 26. Any theft, not exceeding twenty dollars, may be punished at the discretion of the captain, and above that sum, as a court martial shall direct. offences against Art. 27. If any person in the navy shall, when on shore, people on shore, plunder, abuse, or maltreat, any inhabitant, or injure his pro- perty in any way, he shall suffer such punishment as a court martial shall adjudge. 63 Art. 28. Every person in the navy shall use his utmost ex- 1800, ertions to detect, apprehend, and bring to punishment, all offend- Detection and ap : ers, arid shall, at all times, aid and assist all persons appointed ffi^ on for this purpose, on pain of such punishment as a court martial shall adjudge. Art. 29. Each commanding officer shall, whenever a sea- "^" s and man enters on board, cause an accurate entry to be made in the ship's books of his name, time, and 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 transmitted to the Sec- retary of the Navy, as opportunities shall occur ; accounting in such lists, or muster rolls, for any casualties 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 which any death or desertion may occur ; and in case of death, shall take care that the purser secure all die property of the deceased for the benefit of his legal representative or re- presentatives. He shall cause frequent inspections to be made into the condition of the provisions, and use every precaution \Sons U n pr for its preservation. He shall, whenever he orders officers and men to take charge of a prize, and proceed to the United States, and whenever officers or men are sent from his ship for what- ever cause, take care that each man be furnished with a com- plete statement of his account, specifying the date of his enlist- ment, and the period and terms of his service ; which account shall be signed by the commanding officer and purser. He shall Ru i es to be hung cause the rules for the government of the navy to be hung up up and read. in some public part of the ship, and read once a month to his ship's company. Pie shall cause a convenient place to be set ^ I* i T -i i i i'ii i 11 i Treatment of the apart for sick or disabled men, to which he shall have them re- sick. moved, with their hammocks 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 direct that cradles, and buckets with covers, be made for their use : and when his crew is finally paid off, he shall attend in per- paying off. son, or appoint a proper officer, to see that justice be done to the men, and to the United States, in the settlement of the ac- counts. Any commanding officer, offending herein, shall be punished at the discretion of a court martial. Art. 30. No commanding officer shall, of his own authority, Treatment of in discharge a commissioned or warrant officer, nor strike, nor pun- fe^or officers and ish him otherwise than by suspension 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 his ship ; nor shall any officer who may command by ac- cident, or in the absence of the commanding officer (except s uch commander be absent for a time by leave) order or inflict 64 800. any other punishment than confinement, for which he shall ~~ account on the return of such absent commanding officer. Nor shall any commanding officer receive on board any petty offi- cers or men, turned over from any other vessel to him, unless each of such officers and men produce 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 in which he was rated on board such ship. Nor shall any commanding officer, having received any petty officer or man as aforesaid, rate him in a lower or worse station than that in which he formerly served. Any commanding offi- cer, offending herein, shall be punished at the discretion of a court martial. Master at arms. Art. 31. Any master-at-aniis, or other person of whom the duty of master-at-arms is required, who shall refuse to receive such prisoners as shall be committed to his charge, or having received them, shall surfer them to escape, or dismiss them without orders from proper authority, shall suffer in such pri- soners' stead, or be punished otherwise at the discretion of a court martial. Art. 32. All crimes committed by persons belonging to the fied mesnot?peci nav y> 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 commissions or warrants, officer/ pelty Ol w ^ 10 aie not ent ^^ ec ^ to triem > except such as are temporarily appointed to the duties of a commissioned or warrant officer, are deemed petty officers. Art. 34. Any person entitled to wages or prize money may Assignment ofhave the same paid to his assignee, provided the assignment be money and ***** attested by the captain and purser ; and in case of the assign- ment of wages, the power shall specify the precise time they commence. But the commander of every vessel is required to discourage his crews 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 consideration of money given for the purchase of wages or prize money. NAVAL GENERAL COURTS MARTIAL. Art. 35. General courts martial may be convened as often na p v p ai intm generai as tlie President of the United States, the Secretary of the Navy, courts martial, or the commander-in-chlef of the fleet, or commander of a squadron, while acting out of the United States, shall deem it necessary : provided, that no general court martial shall con- sist 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 senior officer shall always preside, the others ranking agreeably to the date of their commissions ; and in no case, where it can be avoided without injury to the service, shall 65 more than one-half the members, exclusive of the president, be 1800. junior to the officer to be tried. Art. 36. Each member of the court, before proceeding to trial, shall take the following oath or affirmation, which the judge advocate, or person officiating as such, is hereby autho- rized to administer. " I, A. B. do swear [or affirm] that I will truly try, without prejudice or partiality, the case 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 authori- ty, nor will I at any time divulge or disclose the vote or opi- nion of any particular member of the court, unless required so to do before a court of justice in due course of law." This oath or affirmation being duly administered, the Presi- dent is authorized and required to administer the folio wing oath .~, 1-1 "' or affirmation to the judge advocate, or person omciating as advocate. such. " I, A. B. do swear [or affirm] that I will keep a true record of the evidence given to, and the proceedings of, this court ; nor will I divulge, or by any means disclose, the sentence of the court until it shall have been approved by the proper authority ; nor will I at any time divulge or disclose the vote or opinion of any particular member of the court, unless required so to do before a court of justice in due course of law." Art. 37. All testimony given to a general court martial shall n testimony to be on oath or affirmation, which the president of the court is hereby authorized to administer, and if any person shall refuse Punishment for to give his evidence as aToresaid, or shall prevaricate, or shall !yf p^Ssai behave with contempt to the court, it shall and may be lawful or contempt, for the court to imprison such offender at their discretion ; pro- vided ', that the imprisonment in no case shall exceed two months : And every person who shall commit 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 indictment or information in any court of justice of the United States, and shall suffer such penalties as are authorized by the laws of the United States in cases of perjury, or the subornation thereof. And in every prosecution for perjury, or the subornation there- of, 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 application for a general Exhibition of court martial is founded, shall be exhibited in writing to the proper officer, and the person demanding the court shall take care that the person accused be furnished with a true copy of Accused to be the charges, with the specifications, at the time he is put under " r "j shed wilh * .arrest, nor shall any other charge or charges, than those so ex- 5 66 1800. hibited, be urged against tbe person to be tried before the court, ~~ unless it appear to the court that, intelligence of such charge had not reached the person demanding 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, reasonable time shall Treatment of an ^ e S lveli to tne person to be tried to make his defence against arrested officer, such new charge. Every officer so arrested is to deliver up his sword to his commanding officer, and to confine himself to the limits assigned him, under pain of dismission from service. Continuance of Art. 39. When the proceedings of any general court martial general courts . . J & martial; , shall have commenced, they shall not be suspended or delayed on account of the absence of any of the members, provided five today. frc day 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, ab- sent himself therefrom, unless in case of sickness, or orders to go on duty from a superior officer, on pain of being cashiered. Pay and einoiu- Art. 40. Whenever a court martial shall sentence any officer MBpended? y ** to ^ e suspended, the court shall have power to suspend his pay and emoluments for the whole, or any part, of the time of his suspension. HOW sentences Art. 41. All sentences of courts martial, which shall extend and connr e m |'d ven to l ^ 6 * oss ^ n ^ e > SQa ^ require the concurrence of two-thirds of the members present ; and no such sentence shall be carried into execution, until confirmed by the President of the United States ; or, if the trial take place out of the United States, until it be confirmed by the commander of the fleet or squadron : All other sentences may be determined by a majority of votes, and carried into execution on confirmation of the commander of the fleet, or officer ordering the court, except such as go to the dismission of a commissioned or warrant officer, which are first to be approved by the President of the United States. A court martial shall not, for any one offence not capital, in- flict a punishment beyond one hundred lashes. Pardon and miti- Art. 42. The President of the United States, or, when the 5ente. f punish tr * al takes P lace out of tne United States, the commander of the fleet or squadron, shall possess full power to pardon any offence committed against these articles, after conviction, or to mitigate the punishment decreed by a court martial. courts of in uir ^ EC ' ^' ~^ r *' ^' ^ nc ^ ^ B ^ farther enacted, That courts may r be ordered of inquiry may be ordered by the President of the United States, the Secretary of the Navy, or the commander of a fleet or squad- ron, provided such court shall not consist of more than three members, who shall be commissioned officers, and a judge ad- vocate, or person to do duty as such ; and such courts shall have power to summon witnesses, administer oaths, and punish contempt in the same manner as courts martial. But such court shall merely state facts, and not give their opinion, unless expressly required so to do in the order for convening ; re- m< 67 and the party, whose conduct shall be the subject of inquiry, 1800. shall have permission to cross-examine all the witnesses. Art. 2. The proceedings of courts of inquiry shall be au- Proceedings to be thenticated by the signature of the president of the court and authenucated - judge advocate, and shall, in all cases not capital, or extending to the dismission of a commissioned or warrant officer, be evi- dence before a court martial, provided oral testimony cannot be obtained. Art. 3. The judge advocate, orperson officiatingas such, shall oaths of mem- administer to the members the following oath or affirmation : advocate? iudge " 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 administer to the judge ad- vocate, or person officiating as such, the following oath or af- firmation : " You do swear, [or affirm,] truly to record the proceedings of this court, and the evidence to be given in the case in hearing." SEC. 3. And be it further enacted, That in all cases, where in case of loss of the crews of the ships or vessels of the United States shall be ^m^of the separated from their vessels, by the latter being wrecked, lost, or ofl a shaii destroyed, all the command, power, and authority, given to the officers of such ships or vessels, shall remain and "be in full force as. effectually as if such ship or vessel were not so wrecked, lost, or destroyed, until such ship's company be regularly discharged from, or ordered again into, the 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 evi- dence, it shall appear that all or any of the officers 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 arid emoluments of such officers and men, or such of them as shall have done their duty as afore- 9 said, shall go on until their discharge or death ; and every offi- . cer or private who shall, after the loss of such vessel, act contra- ry to the discipline of the navy, shall be punished at the discretion of a court martial, in the same manner as if such ves- sel had not been so lost. SEC. 4. And be it further enacted, That all the pay and p ay of captives t emoluments of such officers and men, of any of the ships or continue ' vessels of the United States taken by an enemy, who shall ap- pear, 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. SEC. 5. And be it further enacted. That the proceeds of all To whom ships and vessels, 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 capture, be the sole 68 1800. property of the captors; and when of inferior force, shall be ~~ divided equally between the United States and the officers and men making the capture. Distribution of SRC. 6. And be it further enacted , That the prize money, pme money, belonging to the officers and men, shall be distributed in the following manner : commanding of- 1. To the commanding officers of fleets, squadrons, or single ships, three-twentieths, of which the commanding officer of the fleet or squadron shall have one- twentieth, if the prize be taken by a ship or vessel acting under his command, and the com- mander of single ships two-twentieths ; but where the prize is taken by a ship acting independently of such superior officer, the three-twentieths shall belong to her commander. Lieutenants,cap- 2. To sea lieutenants, captains of marines, and sailing mas- andmtster. 111168 ' ters, 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, chaplain, Heut. 3. To chaplains, lieutenants of marines, surgeons, pursers, marines, surgeon , , , purser, and war- boatswains, gunners, carpenters, and master's mates, two-twen- rant officers. + *u~ Midshipmen, sur- 4. To midshipmen, surgeon's mates, captain's clerks, school- tfes,etc. mas t ers? boatswain's mates, gunner's mates, carpenter's mates, ship's stewards, sailmakers, masters-at-arms, armorers, cock- swains, and coopers, three-twentieths and an half. Petty officers, 5. To gunner's yeomen, boatswain's yeomen, quartermas- ters, quarter gunners, sailmaker's mates, sergeants and corporals of marines, drummers, fifers, and extra petty officers, two-twen- tieths and an half. seamen. 6. To seamen, ordinary seamen, marines, and all other per- sons doing duty on board, seven-twentieths. vessels msight to 7. Whenever one or more public ships or vessels are in sight hare. . \ i * i at the time any one or more shipd 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 re- S e of S quSorIs ce i ve an y share of prizes taken by vessels not under his imme- are not entitled. fa^fe command ; nor of such prizes as may have been taken by ships or vessels intended to be placed under his command, be- fore they have acted under his immediate orders ; nor shall a commander of a fleet or squadron, leaving the station where he had the command, have any share in the prizes taken by ships left on such station, after he has gone out of the limits of his said command. Bounty given for SEC. 7. And be it further enacted, That a bounty shall be SardSi e ene n my'sP a ^ ^Y tne United States, of twenty dollars, for each person on ship. board any ship of an enemy at the commencement of an en- gagement, which shall be sunk or destroyed by any ship or ves- sel 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. 69 SEC. S. And be it further enacted, That every officer, sea- 1800. man, or marine, disabled in the line of his duty, shall be enti- Pensions to per - .11. /!/ j i T i !. t- s 'is disabled ia tied to receive for life, or during his disability, a pension from the service. the United States, according to the nature and degree of his dis- ability, not exceeding one half his monthly pay. SEC. 9. And be it further enacted, That all money accru- JJey ^3 ing, or which has already accrued, to the United States from the forever a fund for sale of prizes, shall be, and remain forever, a fund for the pay- on e wi t dfurther ment of pensions and half pay, should the same be hereafter granted, to the officers and seamen who may be entitled to re- ceive the same : and if the said fund shall be insufficient for the purpose, the public faith is hereby pledged to make up the de- ficiency; but if it should be more than sufficient, the surplus shall be applied to the making of further provision for the com- fort of the disabled officers, seamen, marines, and for such as, though not disabled, may merit, by their bravery, or long and faithful services, the gratitude of their country. SEC. 10. And be it further enacted, That the said fund shall be under the management and direction of the Secretary and"war" c to u re- of the Navy, the Secretary of the Treasury, and the Secretary an 1 / 6 a s ums nve 2 of War, for the time being, who are hereby authorized to re- ^be 1 entitled-' ceive any sums to which the United States may be entitled to report to con- from the sale of prizes, v and employ and invest the same, and gr< the interest arising therefrom, in any manner which a majority of them may deem most advantageous : And it shall be the duty of the said commissioners to lay before Congress, annually, in the first week of their session, a minute statement of their proceedings relative to the management of said fund. SEC. 11. And be it further enacted, That the act passed the Repeal of former second day of March, in the year one thousand seven hundred act> and ninety-nine, entitled " An act for the government of the navy of the United States," from and after the first day of June next, shall be, and is hereby, repealed. APPROVED, April 23, 1800. AN ACT in addition to^the act, intituled An act to prohibit the carrying on the slave trade from the United States to any foreign place or country." SEC. 1. Be it it enacted^ fyc. 9 That it shall be unlawful for * 1 *? . n citi - any citizen of the United States, or other person residing within the United States, directly or indirectly to hold, or have any right or property in, any vessel employed or made use of in the trans- portation or carrying of slaves from one foreign country or place to another, and any right or property, belonging as afore- said, 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 forfeit and pay a sum of money equal to double the value of the right or property in such vessel, which he held as aforesaid ; and shall also forfeit a sum of money equal to double the value of the interest which he may have had in the slaves, which at any 70 1800. time may have been transported or carried in such vessel, after ~ the passing of this act, and against the form thereof. penalty on citi- SEC. 2. And be it further enacted. That it shall be unlawful S vSseisf m for any citizen of the United States, or other person residing therein, to serve on board any vessel of the United States em- ployed or made use of in the transportation or carrying of slaves from one foreign country or place to another ; and any such citizen, or other person, voluntarily serving as aforesaid, shall be liable to be indicted therefor, and, on conviction thereof, shall be liable to a fine not exceeding two thousand dollars, and be im- prisoned not exceeding two years. citizens of u. s. SEC. 3. And be it further enacted. That if any citizen of v?sseis a . rd the United States shall voluntarily serve on board of any foreign ship or vessel, which shall hereafter be employed in the slave trade, he shall, on conviction thereof, be liable to, and suffer the like forfeitures, pains, disabilities, and penalties, as he would have incurred had such ship or vessel been owned or employ- ed, in whole or in part, by any person or persons residing with- in the United States. SEC. 4. And be it further enacted, That it shall be lawful f r anv f tne commissioned vessels of the United States to ed to seize ves- seize and take any vessel employed in carrying on trade, busi- sels contravening * t r i - t this or the former ness, or traffic, contrary to the true intent and meaning of this, or the said act to which this is in addition ; and such vessel, to- etc M tobe forfeit g etner w i tn ner tackle, apparel, and guns, and the goods or ef- ed.'' fects, other than 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 vessel making the seizure, and be divided in the proportion directed in the case of prize : And all persons interested in such vessel, or in the enterprise or voyage in which such vessel shall be employed at the time of such capture, 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 moreover be the duty of the com- manders of such commissioned vessels to apprehend and take Persons found on into custody every person found on board of such vessel so handed and con-" seized and taken, being of the officers or crew thereof, and him veyed to u. s. or them convey, as soon as conveniently may be, to the civil authority of the United States in some one of the districts there- of, to be proceeded against in due course of law. District and cir- SECT. 5. And be it further enacted, That the district and cir- rSdSn^ftcuit courts of the United States shall have cognizance of all fences. ac t s anc | offences again st the prohibitions herein contained. Construction of SEC. 6. Provided, nevertheless, and be it further enacted, That nothing in this .act contained shall be construed to autho- rize the bringing into either of the United States, any person or persons, the importation of whom is, by the existing laws of such State, prohibited. Distribution of SEC. 7. And be it further enacted, That the forfeitures, penalties. which shall hereafter be incurred under this, or the said act to 71 which this is in addition, not otherwise disposed of, shall accrue 1800. 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 S e u. a s. prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. APPROVED, May 10, 1800. AN ACT providing for a naval peace establishment, and for other purposes. [Obsolete.] SEC 1. Be it enacted, t^c., That the President of the United T he President States be, and he hereby is, authorized, whenever the situation ScmlSiS-the of public affairs shall, in his opinion, render it expedient, to public vessels, cause to be sold, they being first divested of their guns and mili- tary stores, which are to be carefully preserved, all or any of the ships and vessels belonging to the navy, except the frigates United States, Constitution, President, Chesapeake, Philadel- phia, Constellation, Congress, New York, Boston, Essex, Adams, John Adams, and General Greene ; and also to lay up all the fri- gates thus to be retained, except such as are directed by this act to be kept in constant service in time of peace. SEC. 2. And be it further enacted, That six of the frigates to six of the frigates be retained shall be kept in constant service in time of peace, SmSmtSSsS and shall be officered and manned as the President of the Uni- ted States may direct, not to exceed, however, two-thirds of the present complement of seamen, and ordinary seamen ; the re- sidue of the frigates to be retained shall be laid up in conveni- ent ports, and there shall be permanently attached to each fri- gate, so laid up, one sailing master, one boatswain, one gunner, one carpenter, and one cook, one sergeant or corporal of marines, and eight marines ; and to the large frigates twelve, and to the small frigates ten seamen ; the sailing master shall have the general care and superintendence of the ship ; and shall gener- ally execute such duties of a purser as may be necessary. [Sec. 2 repealed in part March 27, 1804, and wholly, April 21, 1806.] SEC. 3. And be it enacted, That, from and after the day component pans when the reduction of the navy shall take place as aforesaid, t the navy ration shall consist of as follows : on Sunday, four- the navy, teen 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 peas, one half pint of distilled spi- rits; Tuesday, fourteen ounces of bread, one pound of beef, two ounces of cheese, one half pint of distilled spirits ; Wednes- day, 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 72 1803. half pint of distilled spirits ; Saturday, fourteen ounces of bread, ~~ one pound of pork, half pint of peas, half pint of vinegar, one half pint of distilled spirits. ere aS" ^ EC ' ^' ^ e ^ further enacted, That the President of the S t n- u n j te( j gt ates re t a i n i n the navy service, in time of peace, nine captains, thirty-six lieutenants, and one hundred and fifty mid- shipmen, including those employed on board of the six frigates to be kept in service ; and that he be authorized to discharge all the other officers in the navy service of the United States ; but such of the aforesaid officers as shall be retained in the ser- vice, shall be entitled to receive no more than half their month- ly pay during the time when they shall not be under orders for actual service. [Sec. 4 repealed, April 21, 1806.] Four months ex- SEC. 5. Be it further enacted, That all the commissioned touSe whoTre an d warrant officers, who shall be discharged as aforesaid, shall ^discharged. k e entitled to receive four months' pay, over and above what may be due to them respectively at the time of their discharge. APPROVED, March 3, 1801. AN ACT authorizing the sale of a piece of land, parcel of the navy yard be- longing to the United States, in Charlestown, in the State of Massachusetts, to the proprietors of the Salem turnpike road and Chelsea bridge corporation. [Obsolete.] secretary of the SEC. 1. Be it enacted, d*c. , That the Secretary of the Navy Navy authorized , . i i i i -, J to convey a piece be, and he hereby is, authorized and empowered, by indenture JereTbridge^corpo- f bargain and sale, in common form, to convey, in fee simple, ration. t o t ne proprietors of the Salem turnpike and Chelsea bridge cor- poration, by their proper name of incorporation, a certain piece of land, lying on the western corner, and being parcel of the navy yard belonging to the United States, in Charlestown, in the State of Massachusetts, containing fifteen square perches, or thereabouts, or so much thereof as is required to enable the said proprietors to lay out and make a turnpike road from Salem to Charlestown bridge, near Boston, according to the plan exhi- bited to Congress by the said proprietors. SmahTed 10 by SEC ' 2 * And be M further enacted, That it shall be the duty disinterested per- of the said Secretary, prior to the making the said conveyance, to cause the said piece of land to be valued by disinterested men, to be appointed in such manner as he shall agree with the said proprietors ; the amount of which said valuation, being paid to the use of the United States, it shall then, and not be- fore, be lawful for the said Secretary to make the aforesaid con- veyance. APPROVED, February 10, 1803. AN ACT to provide an additional armament for the protection of the seamen and commerce of the United States. [Obsolete.] ed si( to nt ut^nto SEC. 1. Be it enacted, fyc., That the President of the United service four ves- States be, and he hereby is ; authorized and empowered to cause to 73 be built, or to be purchased (if the exigencies of the service shall 1803. require it) four vessels of war, to carry not exceeding sixteen guns seis of sixteen each ; to be armed, manned, and fitted out for the protection of gu the seamen and commerce of the United States in the Mediter- ranean and adjacent seas, and for other purposes, as the public service may require. SEC. 2. And be it further enacted. That the sum of ninety- $96,ooo appropn- six thousand dollars be, and hereby is, appropriated for the pur- at< pose aforesaid, out of any moneys in the treasury of the IJni- ted States not otherwise appropriated. SEC. 3. And be it further enacted, That the President of President author- the United States be, and he is hereby, authorized and empow- ^ice pU fifteS ered to cause to be built, a number not exceeding fifteen gung unboats - boats, to be armed, manned, and fitted out, and employed for such purposes as in his opinion the ^public service may require ; * 50000a ro ri _ and that a sum, not exceeding fifty thousand dollars be, and ated for the pur- hereby is, appropriated for this purpose, out of any moneys in pose> the treasury of the United States not otherwise appropriated. APPROVED, February 28, 1803. AN ACT to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited. SEC. 1. Be it enacted, c^c., That, from and after the first day NO negro, muiat- of April next, no master or captain of any ship or vessel, or any coi ? r to e bebro ( *f other person, shall import or bring, or cause to be imported or jjto fl fr. fj^*** brought, any negro, mulatto, or other person of color, not being l 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, mu- latto, or other person of color ; and if any captain 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 afore- said, any of the persons whose admission or importation is pro- hibited as aforesaid, he shall forfeit and pay the sum of one Forfeiture, thousand dollars for each and every negro, mulatto, or other person of color aforesaid, brought or imported as aforesaid, to be sued for and recovered by action of debt, in any court of the HOW recovered; United States ; one half thereof to the use of the United States, TQ be divided the other half to any person or persons prosecuting for the pe- nalty ; and in any action instituted for the recovery of the pe- nalty aforesaid, the person or persons sued may be held to special bail : provided, always, that nothing contained in this act shall be construed to prohibit the admission of Indians. SEC. 2. And be it further enacted, That no ship or vessel, am- vessels having ving in any of the said ports or places of the United States, and sons lb on d boa"rd~ having on board any negro, mulatto, or other person of color, not " e d to e Jt r admit " being a native, a citizen, or registered seaman of the U States, or seamen natives of countries beyond the Cape of Good Hope 74 1804. as aforesaid, shall be admitted to an entry. And if any such ~~ negro, mulatto, or other person of color, shall be landed from on board any ship or vessel, in any of the ports or places aforesaid, or on the coast of any State prohibiting the admission or importa- tion, as aforesaid, the said ship or vessel, together with her tackle, f e ^ feitureofves - apparel, and furniture, shall be forfeited to the United States, and one half of the nett proceeds of the sales on such forfeit- ure shall inure and be paid over to such person or persons on whose information the seizure of such forfeiture shall be made. Dutyofcoiiectors S EC . 3. And be it further enacted. That it shall be the duty and officers of-, ,, 1 * / 1 . ' . ni customs to pre- of the collectors, and other officers of the customs, and all other I0n * 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 pro- hibiting the admission or importation of any negro, mulatto, or other person of color, as aforesaid. And they are hereby enjoin- ed 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 contrary notwithstanding. APPROVED, February 28, 1803. AN ACT further to protect the commerce and seamen of the United States against the Barbary powers. [Obsolete.] president author- SEC. % And be it further enacted, That the President o^ ized to employ a the United States, if he shall deem it necessary, shall be, and naval force in the 1-11 i .'' i i i i i -i /v Mediterranean, he is hereby, authorized to cause to be purchased, or built, offi- cered, manned, and equipped, two vessels of war, to carry not more than sixteen guns each, and likewise to hire, or accept on loan, in the Mediterranean sea, as many gun boats as he may think proper. APPROVED, March 25, 1804. AN ACT in relation to the navy pension fund. [Obsolete.] from ey ca'mre?- ^ EC * ^' ^ e *'* enactec ^-> $" C "> That all the money accruing, or noTaiready ^aTd which has already accrued, to the U. States, from the capture of to tu'e treasurer!* 1 prizes authorized by law, and which has not already been paid to the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, as commissioners of the navy pension fund, shall be paid to the Treasurer of the United States. HOW the money SEC. 2. And be it further enacted, That it shall be the duty is to be disbursed of the Treasurer of the United States to receive all the money er 'so accruing, and to disburse the same pursuant to warrants from the Secretary of the Navy, countersigned by the accountant of Quarterly ac- the navy ; and a distinct quarterly account, of the moneys thus Sered? l beren ~ received and disbursed, shall be rendered by the said Treasu- rer to the accounting officers of the treasury, in the same man- ner as is provided for other public moneys received by him. 75 SEC. 3. And be it further enacted, That it shall be the duty 1 804. of the accountant of the navy to receive and settle all accounts Accountant of whatever, in relation to the navy pension fund, and report, from C eiv" a Jnd time to time, all such settlements as shall have been made by accomus 'a him, for the inspection and revision of the accounting officers port the same, of the treasury, in the same manner as in other cases of public accounts. v SEC. 4. And be it further enacted, That the comptroller the treasury shall be fully authorized and empowered to direct tute slat suits for the recovery of any sums now due, or which may mone y- hereafter be due, to the United States, for prizes as aforesaid, and to prosecute the same in the name of the United States, in the same manner as in other cases for the recovery of moneys due to the United States. SEC. 5. And be it further enacted, That the commissioners commissioners of the navy pension fund be, and they are hereby, authorized "foffund^ay^- to appoint a secretary, who shall perform all such duties in re- pomt a secretary. i 1^11 in- / i ' 11 His duty and em- lation to the fund as they shall require of him ; and shall re- oiumems. ceive for his services a salary, not exceeding two hundred and fifty dollars per annum, to be paid quarter yearly at the treasu- ry of the United States, and charged to the same fund. SEC. 6. And be it further enacted, That the commissioners commissioners of the navy pension fund be, and they are hereby, authorized J^^ r n u s lesa ^ and directed to make such regulations, as may to them appear* 6 admission of j. f ^ ^ - ? i J 11 / pensioners. expedient, for the admission of persons on the roll of navy pen- sioners, and for the payment of the pensions. APPROVED, March 26, 1804. Aftl ACT supplementary to the act, intituled " An act providing for a naval peace establishment, and for other purposes." SEC. 1. Beit enacted, fyc., That the President of the U. States captain of navy be, and he is hereby, authorized to attach to the navy yard at Se^nJv^JSrd Washington, and to the frigates and other vessels laid up in or- vessels in ordi- ,. i r-1 T- i i i 11 nary at Wasmng- dinary in the Eastern Branch, a captain of the navy, who shall ton. His duties, have the general care and superintendence of the same ; and " 1 shall perform the duties of agent* to the navy department, and shall be entitled to receive, for his services, the pay and emolu- ments of a captain commanding a squadron on separate ser- vice. And the President of the United States is hereby further Who else are to authorized to attach permanently, to the said navy yard and be attached to the , -i i i 11 nay y y ard and vessels, one other commissioned officer of the navy, who shall vessels in ordma- receive for his services the pay and emoluments of a captain ryatWashington commanding a twenty gun ship, one surgeon and one surgeon's mate of the navy, who shall be severally allowed for their ser- vices the same pay, rations, and emoluments, as are allowed to a surgeon, and to a surgeon's mate, in the army of the United States ; one sailing-master, one head carpenter, one plumber, one head block-maker, one head cooper, two boatswains, two * So much of this act as directs that the commandant of the navy yard at Washington shall also perform the duties of agent, repealed, July 10, 1832. 76 1805. gunners, one sailmaker, one storekeeper, one purser, one clerk ~~ of the yard, and, also, such seamen and marines as, in the opi- Proviso. nion of the President, shall be deemed necessary : provided, that the number of seamen or marines shall not at any time be greater than what is at present authorized by the act to which this is a supplement. Kepeai of a part SEC. 2. And be it further enacted. That that part of the act or a former act. to which this is a supplement, which attaches to each frigate, laid up in ordinary, one sailing-master, one boatswain, one gunner, one carpenter, and one cook, one sergeant or corpo- ral of marines, and eight marines, arid to the large frigates twelve, and to the small frigates ten seamen, and which declares that the sailing-master shall have the care of the ship, and shall execute such duties of a purser as may be necessary, shall be, and hereby is, repealed. APPROVED, March 27, 1804. AN ACT to authorize the erection of a bridge across a mill-pond and marsh in the navy yard, belonging to the United States, in the town of Brooklyn, in the State of New York. [Obsolete.] president author- Be it enacted, fyc., That the President of the United States 'SSiSi^open-^ e > an ^ h e nere ^y JS) authorized, by a proper instrument in ing and improv- writing under his hand, in due form, to grant to such person or ing a road from , , xl . * Brooklyn ferry, persons, or body corporate, by their proper name of incorpora- etc. m N. York, t | on ^ ^ gj^j ^e authorized, by an aqt of the Legislature of the to erect a _ . . . across a part of State of New York, to open and improve a road from Brook- the navy yard of , . _.' f .- T -_ r - , tiieu. s. in the lyn ferry, in that otate, along the shore of the Wallabognt, to Bush wick, to erect a bridge across the mill-pond and marsh, being part of the navy yard belonging to the United States, in the said town of Brooklyn, and to maintain such bridge under such restrictions, and on such conditions, as he shall prescribe : pro- vided, nevertheless, that if, at any future time, it shall appear to the President of the United States that the property of the Uni- ted States is injured by such bridge, he may revoke the permis- sion granted by him for erecting the same. And provided, Proviso. also, That no toll shall be demanded, at any time, for any ar- ticle, the property of the United States, which may be con- veyed to or for their use, over or across the said bridge, or from any person or persons employed in the said navy yard, who may pass or repass on the said bridge. APPROVED, March 2, 1805. AN ACT to appropriate a sum of money for the purpose of building gun boats. [Obsolete.] Be it enacted, fyc. , That the sum of sixty thousand dollars a number of gun buiidmg b e and the same is hereby, appropriated, to be paid out of any ., J 7 rr * - i money in the treasury not otherwise appropriated, for the pur- pose of enabling the President to cause to be built a number of 77 gun boats, not exceeding twenty-five, for the better protection 1806. of the ports and harbors of the United States. APPROVED, March 2, 1805. AN ACT in addition to an act, intituled " An act supplementary to the ac* providing for a naval peace establishment, and for other purposes." [Obsolete.] SEC. 1 . Be it enacted, fyc. , That the second and fourth sections second &/ourth of " An act providing for a naval peace establishment, and for other purposes," be, and the same are hereby, repealed. SEC. 2. And be it further enacted, That the President the United States be, and he is hereby, authorized to keep in ac- in time of peace', tual service, in time of peace, so many of the frigates and other ^ nTmay'tffi public armed vessels of the United States, as, in his judgment, P r P er - the nature of the service may require, and to cause the residue Rest to be laid up thereof to be laid up in ordinary in convenient ports. SEC. 3. And be it further enacted, That the public armed Armed vessels to vessels of the United States, in actual service, in time of peace, armeSasthe pSJ shall be officered and manned as the President of the United sident chooses - States shall direct ; provided, that the officers shall not exceed the following numbers and grades, that is to say : thirteen cap- tains, nine masters commandant, seventy-two lieutenants, and one hundred and fifty midshipmen ; but the said officers shall receive no more than half their monthly pay, during the time when they shall not be under orders for actual service ; and pro- vided, farther, that the whole number of able seamen, ordinary seamen and boys, shall not exceed nine hundred and twenty- five ;* bat the President may appoint, for the vessels in actual service, so many surgeons, surgeon's mates, sailing-masters, chaplains, pursers, boatswains, gunners, sailmakers, and car- penters, as may, in his opinion, be necessary and proper. APPROVED, April 21, 1806. AN ACT for fortifying the ports and harbors of the United States, and for build- ing gun boats. [Obsolete.] SEC. 2. And be it further enacted, That a sum of monev j not exceeding two hundred and fifty thousand dollars, in addi- m^gun boatsVoi- tion to the sums heretofore appropriated, shall be, and the same }J| CoS'^ is hereby, appropriated, to enable the President of the United oftheU - s - States to cause to be built and completed, a number of gun boats, not exceeding fifty, for the protection of the harbors, T t ' *T ] i V< i i T- -I President autno- coasts, and commerce of the United States ; and the President nzed to officer, is hereby authorized to officer, man, and equip, any part, or all, Sem^nd $20,- . of said gun boats, when he shall judge the same expedient, for Jh?refo? ropriate4 the purposes aforesaid; and a sum, not. exceeding twenty thou- sand dollars, is hereby appropriated to defray any expense which may be incurred by officering, manning, and equipping, gun boats, as aforesaid. * President authorized, March 3, 1807, to employ 500 additional seamen, etc. 78 1807. SEC. 3. And be it further enacted, That the President of Armed vessels of the United States may direct any of the armed vessels of the at United States to be sold, whenever he shall be of opinion that ftne sa ' d vesse l is so much out of repair that it will not be for the interest of the United States to repair the same. SEC - 4 ' And b(i it father enacted, That the several sums of to be paid. money hereby appropriated, shall be paid out of any money in the treasury of the United States, not otherwise appropriated. APPROVED, April 21, 1806. AN ACT to provide for surveying the coasts of the United States. [Repealed in part, April 14, 1818, and revived by act of July 10, 1832.] SEC. 1. Be it enacted, fyc., That the President of the U. States shall be, and he is hereby, authorized and requested, to cause a th^ v u y lta ( t?t o fsurve y to be ta ken of the coasts of the United States, in which be made, and an shall be designated the islands and shoals, with the roads or be C pre a pared art to places of anchorage, within twenty leagues of any part of the shores of the United States ; and also the respective courses and distances between the principal capes, or head-lands, together with such other matters as he may deem proper for completing an accurate chart of every part of the coasts within the extent aforesaid. President also au- SEC. 2. And be it further enacted, That it shall be lawful cause f or |j ie President of the United States to cause such examina- exammations to. . a VH j be made with re- \ions and observations to be made, with respect to ot. George s S^s bank. 1 ' 6 >r " bank, and any other bank or shoal, and the soundings and cur- rents beyond the distance aforesaid, to the Gulf stream, as in his opinion may be especially subservient to the commercial inter- ests of the United States. president autho- S EC - 3. And be it further enacted, That the President of rized to cause ( ne United States shall be, and he is hereby, authorized and re- proper persons to , , / -i i beempioyed, and quested, for any ol the purposes aforesaid, to cause proper ana iiJvesseis h iSS intelligent persons to be employed, and also such of the public be wanted. vessels in actual service as he may judge expedient, and to give such instructions for regulating their conduct as to him may appear proper, according to the tenor of this act. $50 ooo a propri ^ EC ' ^' And be it further enacted, That, for carrying this ated. act into effect, there shall be, and hereby is, appropriated, a sum not exceeding fifty thousand dollars, to be paid out of any mo- neys in the treasury not otherwise appropriated. APPROVED, February 10, 1807. AN ACT to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight. [See act, in addition to this, approved March 3, 1819.] SEC. 1. Be it enacted, $c., That, from and after the first day of importation r>f January, one thousand eight hundred and eight, it shall not be > lawful to import, or bring into the United States, or the territo- 79 ries therof, from any foreign kingdom, place, or country , any 1807. negro, mulatto, or person of color, with intent to hold, sell, or"" dispose of, such negro, mulatto, or person of color, as a slave, or to be held to service or labor. SEC. 2. And be it further enacted. That no citizen or citi- Forfeiture of ves- zens of the United States, or any other person, shall, from and the slave trade, after the first day of January, in the year of our Lord one thou- sand eight hundred and eight, for himself, or themselves, or any other persons whatsoever, either as master, factor, or owner, build, fit, equip, load, or otherwise prepare, any ship or vessel, in any port or place within the jurisdiction of the United States, noi shall cause any ship or vessel to sail from any port or place within the same, for the purpose of procuring any negro, mu- latto, or person of color, from any foreign kingdom, place, or country, to be transported to any port or place whatsoever, within the jurisdiction of the United States, to be held, sold, or disposed of, as slaves, or to be held to service or labor : and if any ship or vessel shall be so fitted out for the puipose afore- said, or shall be caused to sail so as aforesaid, every such ship or vessel, her tackle, apparel, and furniture, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned, in any of the circuit courts, or district courts, for the district where the said ship or vessel may be found or seized. SEC. 3. And be it further enacted, That all and eveiy per- penalties forbe- son so building, fitting out, equipping, loading, or otheiwise preparing, or sending away, any ship or vessel, knowing or in- tending that the same shall be employed in such trade or busi- ness, from and after the first day of January, one thousand eight hundred and eight, contrary to the true intent and mean- ing of this act, or any ways aiding or abetting therein, shall sev- erally forfeit and pay twenty thousand dollars, one moiety thereof to the use of the United States, and the other moiety to the use of any person or persons who shall sue for, and prose- cute the same to effect. SEC. 4. And be it further enacted, If any citizen or citi- Forfeitures and zens of the United States, or any person resident within the J^g 68 f si jurisdiction of the same, shall, from and after the first day of fromAfrica - January, one thousand eight hundred and eight, take on board, receive, or transport, from any of the coasts or kingdoms of Af- rica, or from any other foreign kingdom, place, or country, any negro, mulatto, or person of color, in any ship or vessel, for the purpose of selling them in any port or place within the juris- diction of the United States, as slaves, or to be held to service or labor, or shall be, in any ways, aiding or abetting therein, such citizen or citizens, or person, shall severally forfeit and pay five thousand dollars, one moiety thereof to the use of any person or persons who shall sue for, and prosecute the same to effect ; and every such ship or vessel, in which such negro, mulatto, or person of color, shall have been taken on board, received, or transported as aforesaid, her tackle, apparel, and furniture, and 80 1 807. the goods and effects which shall be found on board the same, "shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned, in any of the circuit courts, or district courts in the district where the said ship or vessel may be found or seized. And neither the importer, nor any person Slaves imported ,.. _ 11- iniii t to remain subject or persons claiming from or under him, shall hold any right or tnVstates! ns f ti^ e whatsoever to any negro, mulatto, or person of color, nor to the service or labor thereof, who may be im ported or brought within the United States, or territories thereof, in violation of this law, but the same shall remain subject to any regulations, not contravening the provisions of this act, which the Legisla- tures of the several States or territories, at any time hereafter, may make, for disposing of any such negro, mulatto, or person of color. Further penalties SEC. 5. And be it further enacted, That, if any citizen or - citizens of the United States, or any other person resident with- in the jurisdiction of the same, shall, from and after the first day of January, one thousand eight hundred and eight, contra- ry to the true intent and meaning of this act, take on board any ship or vessel from any of the coasts or kingdoms of Africa, or from any other foreign kingdom, place, or country, any negro, mulatto, or person of color, with the intent to sell him, her, or them, for a slave, or slaves, or to be held to service or labor, and shall transport the same to any port or place within the juris- diction of the United States, and there sell such negro, mulat- to, or person of color, so transported as aforesaid, for a slave, or to be held to service or labor, every such offender shall be deem- ed guilty of a high misdemeanor, and being thereof convicted, before any court having competent jurisdiction, shall suffer im- prisonment for not more than ten years, nor less than five years, and be fined not exceeding ten thousand dollars, nor less than one thousand dollars. penalties for buy- SEC. 6. And be it further enacted, That, if any person, or P 61 ' 80118 ? whatsoever, shall, from and after the first day of Jan u- ary, one thousand eight hundred and eight, purchase or sell any negro, mulatto, or person of color, for a slave, or to be held to service or labor, who shall have been imported, or brought from any foreign kingdom, place, or country, or from the dominions of any foreign state, immediately adjoining to the United States, into any port or place within the jurisdiction of the United States, after the last day of December, one thousand* eight hun- dred and seven, knowing, at the time of such purchase or sale, such negro, mulatto, or person of color, was so brought within the jurisdiction of the United States, as aforesaid, such purchaser and seller shall severally forfeit and pay, for every negro, mu- latto, or person of color, so purchased or sold as aforesaid, eight hundred dollars ; one moiety thereof to the United States, and the other moiety to the use of any person or persons who shall sue for, and prosecute the same to effect : provided, that the aforesaid forfeiture shall not extend to the seller or purchaser of any negro, mulatto, or person of color, who may be sold or dis- 81 posed of in virtue of any regulation which may hereafter be 1807. made by any of the Legislatures of the several States in that ~~ respect, in pursuance of this act, and the Constitution of the United States. SEC. 7. And be it further enacted. That if any ship or ves- vessels, h sel shall be found, from and after the first day of January, one nia thousand eight hundred and eight, in any river, port, bay, or harbor, or on the high seas, within the jurisdictional limits of the United States, or hovering on the coast thereof, having on board any negro, mulatto, or person of color, for the purpose of selling them as slaves, or with intent to land the same, in any port, or place, within the jurisdiction of the United States, con- trary to the prohibition of this act, every such ship or vessel, together with her tackle, apparel, and furniture, and the goods or effects which shall be found on board the same, shall be for- feited to, the use of the United States, and may be seized, pro- secuted, and condemned, in any court of the United States, having jurisdiction thereof. And it shall be lawful for the Pre- aval force ofu. i / i TT i a i i i i i ii i i S. ma y be em- sident or the United fetates, and he is hereby authorized, should ployed for that he deem it expedient, to cause any of the armed vessels of the P urp08e< United States to be manned and employed to cruise on any part of the coast of the United States, or territories thereof, where he may judge attempts will be made to violate the pro- visions of this act, and to instruct and direct the commanders of commanders to t w i TT . -* ri i 11- seize, and bring armed vessels of the United fetat.es, to seize, take, and bring into into port, an ves- any port of the United States, all such ships or vessels, and pf \S?ofS moreover to seize, take, and bring into any port of the United act - States, all ships or vessels of the United States, wheresoever found on the high seas, contravening the provisions of this act, to be proceeded against according to law, and the captain, mas- captains of such ter, or commander, of every such ship or vessel so found and vSted 1 to c be seized as aforesaid, shall be deemed guilty of a high misde- J",^ d and ""P"" meanor, and shall be liable to be prosecuted before any court of the United States, having jurisdiction thereof; and being there- of convicted, shall be fined not exceeding ten thousand dollars, and be imprisoned not less than two years, and not exceeding four years. And the proceeds of all ships and vessels, their tac- Proceeds of ves- kle, apparel, and furniture, and the goods and effects on board to'be divided bS of them, which shall be so seized, prosecuted, and condemned, S^officera' and shall be divided equally between the United States and the of- men. ficers and men who shall make such seizure, take, or bring the same into port, for condemnation, whether such seizure be made by an armed vessel of the United States, or revenue cutters there- of, and the same shall be distributed in like manner, as is pro- vided by law, for the distribution of prizes taken from an ene- my : provided, that the officers and men, to be entitled to one- Eve half of the proceeds aforesaid, shall safe keep every negro, be V kTpt safe? and mulatto, or person of color, found on board of any ship or ves- SiT^ppoiS sel so by them seized, taken, or brought into port, for condem- b v ^ e s " es o. * 'V ' i receive them. nation, and shall deliver every such negro, mulatto, or person of color, to such person or persons as shall be appointed by the 6 1807. respective States, to receive the same ; and if no such person, or no person "ap"- persons, shall be appointed by the respective States, they shall gSesTo deliver every such negw), mulatto, or person of color, to the be delivered to overseers of the poor of the port or place where such ship overseers ot the r . 1 poor. or vessel may be brought or found, and shall immediately Account to be transmit to the governor or chief magistrate of the State, an ac- g r ove S mor. ed to count f tne i r proceedings, together with the number of such negroes, mulattoes, or persons of color, and a descriptive list of the same, that he may give directions lespecting such negroes, mulattoes, or persons of color. Slaves not to be SEC. 8. And be it further enacted, That no captain, mas- transported in ter, or commander of any ship, or vessel, of less burthen than lonTburthen* to forty tons, shall, from and after the first day of January, one be disposed of. th ousan( j eight hundred and eight, take on board, and transport, any negro, mulatto, or person of color, to any port or place whatsoever, for the purpose of selling or disposing of the same as a slave, or with intent that the same may be sold or disposed Penalties. f? to De held to service, or labor, on penalty of forfeiting for eve- ry such negro, mulatto, or person of color, so taken on board and transported, as aforesaid, the sum of eight hundred dollars: one moiety thereof to the use of the United States, and the other moiety to any person, or persons, who shall sue for, and prose- proviso cute tne same to e ff ect : provided, however, That nothing in this section shall extend to prohibit the taking on board, or trans- porting, on any river, or inland bay of the sea, within the juris- diction of the United States, any negro, mulatto, or person of color, (not imported contrary to the provisions of this act,) in any vessel or species of craft whatever. vessel* of larger SEC. 9. And be it further enacted, That the captain, mas- burthen, sailing ter, or commander, of any ship or vessel of the burthen of forty coastwise, to .. i "r i / i / T - have the names tons or more, from and alter the first day of January, one thou- saie^inserted ^n san d eight hundred and eight, sailing coastwise, from any port their papers. in the United States, to any port or place within the jurisdic- tion of the same, having on board any negro, mulatto, or per- son of color, for the purpose of transporting them to be sold or disposed of as slaves, or to be held to service or labor, shall, pre- vious to the departure of such ship or vessel, make out and sub- scribe duplicate manifests of every such negro, mulatto, or per- son of color, on board such ship or vessel, therein specifying the name and sex of each person, their age and stature, as near as may be, and the class to which they respectively belong, whe- ther negro, mulatto, or person of color, with, the name and place of residence of every owner or shipper of the same, and shall deliver such manifests to the collector of the port, if there be one, otherwise to the surveyor, before whom the captain, master, or commander, together with the owner, or shipper, shall severally swear or affirm, to the best of their knowledge and belief, that the persons therein specified were not imported, or brought into the United States, from and after the first day of January, one thousand eight hundred and eight, and that, under the laws of the State, they are held to service or labor ; 83 whereupon the said collector or surveyor shall certify the same 1807. on the said manifests, one of which he shall return to the said collector to c captain, master, or commander, with a permit, specifying there- tlfy m llfe * u on the number, names, and general description, of such per- sons, and authorizing him to proceed to the port of his desti- nation. And if any ship or vessel, being laden and destined as aforesaid, shall depart from the port where she may then be, without the captain, master, or commander, having first made out and subscribed duplicate manifests, of every negro, mulat- to, and person of color, on board such ship or vessel, as afore- said, and without having previously delivered the same to the said collector or surveyor, and obtained a permit, in manner as herein required, or shall, previous to her arrival at the port of her destination, take on board any negro, mulatto, or person of color, other than those specified in the manifests, as aforesaid, every sucji ship or vessel, together with her tackle, apparel, and vessels to be for- furniture, shall be forfeited to the use of the United States, and f a ptaint^ forfeit may be seized, prosecuted, and condemned, in any court of the Jeijjf* for eacit negro. United States, having jurisdiction thereof; and the captain, master, or commander, of every such ship or vessel, shall more- over forfeit, for every such negro, mulatto, or person of color, so transported, or taken on board, contrary to the provisions of this act, the sum of one thousand dollars, one moiety thereof to the United States, and the other moiety to the use of any person or persons who shall sue for, and prosecute the same to effect. SEC. 10. And be it further enacted, That the captain, mas- Manjfegts ta be ter, or commander, of every ship or vessel, of the burthen of Delivered forty tons or more, from and after the first day of January, one where*" thousand eight hundred and eight, sailing coastwise, and hav- S ing on board any negro, mulatto, or person of color, to sell or dispose of as slaves,, or to be held to service or labor, and arriv- ing in any port within the jurisdiction of the United States, from any other port within the same, shall, previous to the un- lading or putting on shore any of the persons aforesaid, or suf- fering them to go on shore, deliver to the collector, if there be one, or, if not, to the surveyor, residing at the port of her arrival, the manifest certified by the collector or surveyor of the port from whence she sailed, as is hereinbefore directed, to the truth of which, before such officer, he shall swear, or affirm; and if the collector or surveyor shall be satisfied therewith, he shall thereupon grant a permit for unlading or suffering such negro, mulatto, or person of color, to be put on shore, and if the cap- in s tobe g rante<1 - tain, master, or commander, of any such ship or vessel being laden as aforesaid, shall neglect or refuse to deliver the mani- fest at the time and in the manner herein directed, or shall land or put on shore any negro, mulatto, or person of color, for the etin?\adeirw purpose aforesaid, before he shall have delivered his manifest manifest, or land- as aforesaid, and obtained a permit for that purpose, every such m| Captain, master, or commander, shall forfeit and pay ten thou- sand dollars, one moiety thereof to the United States, the other 84 1807. moiety to the use of any person or persons who shall sue for, : , ~~ and prosecute the same to effect. APPROVED, March 2, 1807. AN ACT in addition t6 an act, intituled " An act in addition to an act, intitu- led ' An act supplementary to the act providing for a naval peace establish- ment, and for other purposes.' " [Obsolete.] President author- Be it enacted, ,ooo appro- hereby, appropriated, arid shall be paid out of any moneys in the treasury not otherwise appropriated. APPROVED, January 31, 1809. AN ACT further to amend the several acts for the establishment and regula- lation of the Treasury, War, and Navy Departments. [The 5th section of this act is still in force ; the other sections are modified or repealed by act, approved March 3, 1817, "to provide for the prompt settle- ment of public accounts."] SEC. 1. Be it enacted, frc., That all warrants drawn by the warrants to be ci m r- TTT- i TVT i charged to the Secretary 01 the 1 reasury, or 01 War, or or the INavy, upon the distinct appropri- Treasurer of the United States, shall specify the particular appro- Siey^re founded! priation or appropriations to which the same should be charged : the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation or appropriations, in the books kept in the office of the comptroller of the treasu- ry, in the case of warrants drawn by the Secretary of the Trea- sury, and in the books of the accountants of the war or navy departments respectively, in the case of warrants drawn by the Secretary of War, or by the Secretary of the Navy ; and the of- ficers, agents, or other persons, who may be receivers of public moneys, shall render distinct accounts of the application of such moneys, according to the appropriation or appropriations un- der which the same shall have been drawn, and the Secretary of * Repealed, June 28, 1809. f Amended, May 15, 1820, so as to authorize the enlistment during the con- tinuance of the service or cruise, not to exceed three years. 86 1809. War and of the Navy shall, on the first day of January, in each ~~ and every year, severally report to Congress a distinct account of Expenditures to t j le expenditure and application of all such sums of money as oe reported 10 ; xj. /. /-> T \ congress on the may, prior to the thirtieth day of September preceding, have annually. *" T> been by them respectively drawn from the treasury in virtue of the appropriation law of the preceding year, and the sums appro- priated by law for each branch of expenditure in the several de- partments shall be solely applied to the objects for which they are respectively appropriated, and to no other : provided, nev- ertheless, that, during the recess of Congress, the President of e United States may, and he is hereby, authorized, on the ap- one appro- plication of the Secretary of the proper department, and not 10- o ^ nei . w j se ^ O direct, if in his opinion necessary for the public service, that a portion of the moneys appropriated* for a parti- cular branch of expenditure in that department, be applied to another branch of expenditure in the same department ; in which special accounts case j a special account of the moneys thus transferred, and of ^reof to be ren- their application, shall be laid before Congress during the first week of their next ensuing session. SEC. 2. And be it further enacted, That it shall be the duty comptroller of of the comptroller of the Treasury, in every case where, in his opinion, further delays would be injurious to the United States, ' an d he is hereby authorized, to direct the auditor of the treasu- ry, and the accountants of the war and navy departments, at any time, forthwith to audit and settle, any particular account which the said officers may be respectively authorized to audit and settle, and to report such settlement for his revision and Annual statem'nt ^ na ^ decision. And the said comptroller shall also lay an an- of certain deiin- nua l statement before Congress, during the first week of their quencies to be . . >, i i laid before con- session, or the accounts in the treasury, war, or navy depart- froner? thecompments j which may have remained more than three years un- settled, or on which balances appear to have been due more than three years, prior to the thirtieth of September then last past, together with a statement of the causes which have pre- vented the settlement of the accounts, or the recovery of the ba- lances due to the United States. What permanent SEC. 3. And be it further enacted, That, exclusively of the agenta authoriz- p urve yor of public supplies, paymasters of the army, pursers of the navy, military agents, and other officers already autho- rized by law, no other permanent agents shall be appointed, either for the purpose of making contracts, or for the purchase of supplies, or for the disbursement in any other manner, of To be submitted .,. i i- i / i to the senate, moneys for the use of the military establishment, or of the navy of the United States, but such as shall be appointed by the President of the United States, with the advice and consent of the Senate : provided, that the President may, and he is here- appoinTin recess by authorized, in the recess of the Senate, to appoint all or any f the senate. o f sucn a g e nts, which appointments shall be submitted to the * Certain heads of appropriation, from which transfers shall not be made, spe- cified in a supplementary act, approved March 3, 1817. Other heads, to and from which transfers may be made, specified in act of May I, 1820. 87 Senate, at their next session, for their advice and consent, eind 1809. the President of the United ^tates is hereby authorized, until otherwise provided by law, to fix the number and compensa- tions of such agents : provided, that the compensation allowed to either shall not exceed one per centum on the public mo- per centum. neys disbursed by him, nor, in any instance, the compensation allowed by law to the purveyor of public supplies. SEC. 4. And be it further enacted. That every such agent Agents to give as maybe appointed by virtue of the next preceding section, bonds ' and every purser* of the navy, shall give bond, with one or mor^e ^ S i8iJ ct & Mar sufficient sureties, in such sums as the President of the United i, isr?.' States may direct, for the faithful discharge of the trust reposed in him ; and the paymaster of the army, the military agents, the purveyor of public supplies, the pursers of the navy, and the agents appointed by virtue of the preceding section, shall, whenever practicable, keep the public moneys in their hands, TO keep the pub- in some incorporated bank, to be designated for the purpose by banks. m ney ' to the President of the United States, and shall make monthly Make monthly returns, in such form as may be prescribed bv the treasury de- "*tumsofrecei'ts - , -i i i -i i . i an d expenditures partment, of the moneys received and expended during the pre- cedkig month, and of the unexpended balance in their hands. SEC. 5. And be it further enacted, That all purchases and Purchases and contracts for supplies or services which are, or may, according D rSe!' howto to law, be made by or under the direction of either the Secreta- ry of the Treasury, the Secretary of War, or the Secretary of the Navy, shall be made either by open purchase, or by previ- ously advertising for proposals respecting the same : and an an- Annual state- nual statement of all such contracts and purchases, and also of the expenditure of the moneys appropriated for the contingent expenses of the military establishment, for the contingent ex- penses of the navy of the United States, 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 department. APPROVED, March 3, 1809. AN ACT authorizing an augmentation of the marine corps. [Obsolete.] SEC. 1. Be it enacted, fyc. , That the President of the United Augmentation of States shall be, and he is hereby, authorized to cause the marine ^tCSed. c rps corps, in the service of the United States, to be augmented, by the appointment and enlistment of not exceeding one major, two captains, two first lieutenants, one hundred and eighty-five cor- porals, and five hundred and ninety- four privates, who shall be respectively allowed the same pay, bounty, clothing, and ra- tions, and shall be employed under the same rules and regula- tions, to which the said marine corps are, or shall, be entitled and subject. SEC. 2. And be it further enacted, That, from and after the Term of e tab- passage of this act, all enlistments in the said corps shall be foi 1810. the term of five years, unless sooner discharged, any law to the ~~ contrary notwithstanding. APPROVED, March 3, 1809. AN ACT concerning the naval establishment. [Obsolete.] SEC. 1. Be it enacted, $*c., That the President of the United president author- States, in the event of a favorable change in our foreign relations, Sates and h arm- ^ e 5 anc ^ he is hereby, authorized to cause to be discharged from ed vessels, actual service, and laid up in ordinary, such of the frigates and public armed vessels as, in his judgment, a due regard to the public security and interest may permit. SEC. 2. And be it further enacted, That so much of the Repeal of act in- first section of an act, entitled " An act to authorize the em- force! 11 * al ployment of an additional naval force," passed at the last ses- sion of Congress, as requires the public armed vessels to be sta- tioned at such ports and places on the seacoast, or cruise on the seacoast of the United States, and territories thereof, be, and the same is hereby, lepealed. APPROVED, June 28, 1809. AN ACT making an appropriation for the purpose of trying the practical use of the torpedo, or sub-marine explosion. [Obsolete.] ^5,000 appropri- Be it enacted, $*> That a sum not exceeding five thousand dollars be, and the same is hereby, appropriated, payable out of any money in the treasury not otherwise appropriated, to de- fray the expense which shall be incurred in any actual experi- ments, when the President of the United States shall deem it expedient to cause such experiments to be made, which shall be made under the immediate direction of the Secretary of the Navy, for the purpose of ascertaining with precision how far the torpedo, or sub-marine explosions, may be usefully employed as engines of war, who is hereby directed to report to Congress the result of the experiment with his opinion thereon. APPROVED, March 30, 1810. AN ACT establishing navy hospitals. [Altered and amended by act, approved July 10, 1832.] secretaries of na- * ' ^ e ^ enacted, fyc., That the money hereafter col- , treasury, and lected by virtue of the act, entitled " An act in addition to c An for "the relief of sick and disabled seamen,' " shall be paid to the Secretary of the Navy, the Secretary of the Treasury, and the Secretary of War, for the time being, who are hereby appoint- ed a board of commissioners, by the name and style of com- missioners of navy hospitals, which, together with the sum of fifty thousand dollars, hereby appropriated out of the unexpend- ed balance of the marine hospital fund, to be paid to the com- missioners aforesaid, shall constitute a fund for navy hospitals. 89 SEC. 2. And be it further enacted^ That all fines imposed 1811. on navy officers, seamen, and marines, shall be paid to the com- Fines to be paid J c / i to them. missioners or navy hospitals. SEC. 3. And be it further enacted, That the commissioners comm^wner^ of navy hospitals be, and they are hereby, authorized and re- Ssuitaw^piaces', quired to procure, at a suitable place or places, proper sites for fornav y hos P ltal3 navy hospitals, and if the necessary buildings are not procured with the site, to cause such to be erected, having due regard to economy, and giving preference to such plans as, with most convenience and least cost, will admit of subsequent additions, as the funds will permit and circumstances require ; and the commissioners are required, at one of the establishments, to pro- wS 1 officers d an a d vide a permanent asylum for disabled and decrepid navy offi- seamen. cers, seamen, and marines. SEC. 4. And be it further enacted. That the Secretary of secretary of navy the Navy be authorized and required to prepare the necessary sary r ruTe r |for C the rules and regulations for the government of the institution, and Cpita! nt fthe report the same to the next session of Congress. SEC. 5. And be it further enacted. That, when any navy Allowance from ~/Y i 11 i i i i tne wages and omcer, seaman, or marine, shall be admitted into a navy nos- pensions of in va- pital, the institution shall be allowed one ration per day during his continuance therein, to be deducted from the account of the United States with such officer, seaman, or marine ; and in like manner, when any officer, seaman, or marine, entitled to a pension, shall be admitted into a navy hospital, such pen- sion, during his continuance therein, shall be paid to the com- missioners of the navy hospitals, and deducted from the account of such pensioner. APPROVED, February 26, 1811. AN ACT concerning the naval establishment [Obsolete.] SEC. 1. Be it enacted, <$TC., That the President of the United certain frigates States be, and he is hereby, authorized and empowered to cause ^u n S commit to be immediately repaired, equipped, and put into actual service, 8ion< the frigates Chesapeake, Constellation, and Adams ; and that a sum not exceeding three hundred thousand dollars be, and is Appropriation, hereby, appropriated for that purpose. SEC. 2. And be it further enacted, That the officers and sea- officers of the na- men of the navy may be increased, so far as may be necessary gj accordingly^ to officer, man, and equip the vessels so to be put into service, any law to the contrary notwithstanding. SEC. 3. And be it further enacted, That the sum of two $200,000 annual- hundred thousand dollars, annually, for three years, viz : one ^p'proVSed^for thousand eight hundred and twelve, one thousand eight hun- the PH r , cn * se J ' t i f materials adapted dred and thirteen, and one thousand eight hundred and four- to the rebuilding teen, be appropriated, towards the purchase and supply of a ! stock of every description of timber required for ship building, and other navy purposes ; and that the first appropriation there- 90 1812. of be made in the purchase of timber suitable for rebuilding the ~ frigates Philadelphia, General Greene, New York, and Boston. HOW the sums SEC. 4. And be it further enacted. That the sums herein to b{Sid. ed ire specifically appropriated shall be paid out of any moneys in the treasury not otherwise appropriated. SiSi to be ^ EC * ^' And be it further enacted. That, as soon as it shall used as circum-rbe deemed compatible with the good of the public service, the g un bats now in commission be laid up, and, with those not in commission, be distributed in the several harbors of the ma- ritime frontier which are most exposed to attack, to be careful- ly kept and used as circumstances may require. by e tto ^ EC * 6 * Ana be i( further enacted, That the pursers in the President, with navy of the United States shall be appointed by the President ifVseSf 011 of the United States, by and with the advice and consent of the Senate ; and that, 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 pur- sers on distant service, who shall not remain in service after the first day of July next, unless nominated arid appointed as aforesaid. And every purser, before entering upon the duties of his office, shall give bond, with two or more sufficient sure- Pursers to give ties, in the penalty of ten thousand dollars * conditioned faith- bond for $10,000. f ,,"' *T 7i i i /> 'i fully to perform all the duties of purser in the navy of the United States. APPROVED, March 30, 1812. AN ACT concerning letters of marque, prizes, and prize goods. TWO per cent, on SEC. 17. And be it further enacted, That two per centum on the net amount (after deducting all charges and expenditures) of the prize money arising from captured vessels and cargoes, and on the net amount of the salvage of vessels and cargoes re- captured by the private armed vessels of the United States, shall be secured and paid over to the collector, or other chief of- ficer of the customs, at the port or place in the United States at which such captured or re- captured 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 re-captured vessels may arrive. And the moneys anVe'of wounded arising therefrom shall be held, and hereby is pledged, by the Sows ns and l or" Government of the United States as a fund for the support and maintenance of the widows and orphans of such persons as may be slain ; and for the support and maintenance of such persons as may be wounded and disabled on board of the private arm- ed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as shall hereafter by law be provided, f APPROVED, June 26, 1812. to To be invested for the mainten * Bond increased to $25,000 by act, approved March 1, 1817. fSee acts, approved Feb. 13, 1813, Aug. 2, 18J3, and March 4, 1814. 91 AN ACT to increase the navy of the United States. 1813. [Obsolete.] SEC. 1. Be it enacted, fyc., That the President of the United Stales shall be, and he hereby is, authorized, as soon as suitable equipped. materials can be procured therefor, 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. SEC. 2. And be it further enacted, That there shall be em- complement of ployed on board each of the said ships of seventy-four guns S^^evemy-^ours each, one captain, six lieutenants, one captain, one first lieu- tenant, and one second lieutenant of marines, one surgeon, one chaplain, one purser, and three surgeon's mates. SEC. 3. And be it further enacted, That there shall be em- warrant officers ployed in each of the said ships, carrying seventy-four guns, s a 1 me b ard lhe the following warrant officers, who shall be appointed by the President of the United States : one master, one second mas- ter, three master's mates, one boatswain, one gunner, one car- penter, one sail maker, and twenty midshipmen ; and the fol- lowing petty officers, who shall be appointed by the captains of the ships respectively in which they are to be employed, viz : one armorer, six boatswain's mates, three gunner's mates, two car- penter's mates, one sailmaker's mate, one cooper, one steward, one master-at-arms, one cook, one cockswain, one boatwain's yeoman, one gunner's yeoman, one carpenter's yeoman, ten quarter gunners, eight quartermasters, and one clerk ; and one schoolmaster, also to be appointed by the captain. SEC. 4. And be it further enacted, That the crews of each complements of of the said ships, of seventy-four guns, shall consist of two hun- dred able seamen, three hundred ordinary seamen and boys, ships. three sergeants, three corporals, one drummer, one fifer, and sixty marines. SEC. 5. And be it further enacted, That the pay of the Payoftheschool schoolmaster shall be twenty-five dollars per month, and two ra- master, tions per day. SEC. 6. And be it further enacted, That the sum of two^ 500000appro _ millions five hundred thousand dollars be, and the same is hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, for the building and equipping of the aforesaid ships of war. APPROVED, January 2, 1813. AN ACT providing for navy pensions in certain cases. [Renewed for the further term of five years, by act of April 16, 1818.] Be it enacted, tyc., That, if any officer* of the navy or ma- widows, etc., of rines shall be killed or die, by reason of a wound received i the line of his duty, leaving a widow, or, if no widow, a child to be P laced > in i . 7 i , J . certain cases, on or children, under sixteen years of age, such widow, or, if no the navy pension widow, such child or children, shall be entitled to receive half list< * Extended to the widows and orphans of seamen and marines, by act ap- proved March 4, 1814. 92 1813. the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for and during the e term ^ ^ VG vears > ^ Llt m case ^ tne death or intermarriage of " such widow, before the expiration of the said term of five years, the half pay for the remainder shall go to the child or children of the said deceased officer : 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 direction of the commissioners of that fund. APPROVED, January 20, 1813. AN ACT regulating pensions to persons on board private armed ships. [See act of Aug. 2, 1813.] 7eservTd in^the SEC l - Be if enacted, $v., Thatthe two per centum, reserved hands of the coi- in the hands of the collectors and consuls bv the act of June, lectors and con- . lt ,, , , !/* i sui&, to be paid eighteen hundred and twelve, entitled " An act concerning let- to%o h nVtit e uTe Ury a ters of marque, prizes, and prize goods," shall be paid to the f ur d oses ^* treasury, under the like regulations provided for other public money, and shall constitute a fund for the purposes provided for by the seventeenth section of the beforementioned act. secretary of the g EC . 2. And be it further enacted. That the Secretary of the navy to place cer- T . i i i i -i- tain persons on JMavy be authorized and required to place on the pension list, he pension hst. un( j er the like regulations and restrictions as are used in rela- tion to the navy of the United States, any officer, seaman, or marine, who, on board of any private armed ship or vessel, bearing a commission of letter of marque, shall have been wounded, or otherwise 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, master's mate, and prize-masters, a sum not exceeding ten dollars each per month ; to all other officers, 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 direction of the Secretary of the Navy, out of the fund above provided, and from no other. commanding of- SEC. 3. And be it further enacted. That the commanding ficers to enter the /v. /. i i i / names, etc., of officer of every vessel having a commission, or letters or marque an d reprisal, shall enter in his journal the name and rank of any officer, and the name of any seaman, 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. SEC. 4. And be it further enacted, That every collector shall JJu P rnai s of to Sl the transn " t ' ( l uarter ly? to the Secretary of the Navy, a transcript of secretary of the such journals as may have been reported to him, so far as it gives a list of the officers and crew, and the description of fSSSZ tn 93 wounds and disabilities, the better to enable the Secretary to 1813. decide on claims for pensions. [Pensions granted to the widows and orphans of those killed, by act approved March 4, 1814.] APPROVED, February 13, 1813. AN ACT supplementary to the act for increasing the navy. [Obsolete.] SEC. 1. Be it enacted. d*c., That the President be, and he is sixsioops of war to be built, man- , . , i I -i i /. I i , hereby, authorized to have built six sloops of war, and to have ne d, and equi the same manned, equipped, and commissioned for service; and pedfo that the President be authorized to have built, or procured, such vessels also to be a number of sloops of war, or other armed vessels, to be man- f a r Pg red for the ' ned, equipped, and commissioned, as the public service may require, on the lakes. SEC. 2. And be it further enacted. That the President oe j p f f r f t e e r d stobeap " and he is hereby, authorized to appoint such officers, and to P employ the number of seamen, which may be necessary for such vessels as are authorized by law to be put in commission, any law to the contrary notwithstanding. *SEC. 3. And be it further enacted, That, for the building or $^0,000 appro- procuring said vessels, and for the payment of two hundred thou- pl sand dollars for vessels already procured on the lakes, by di- rection of the President, the sum of nine hundred thousand dollars, out of any money in the treasury not otherwise appro- priated, be, and the same is hereby, appropriated. SEC. 4. And be it further enacted, That the sum of one $100,000 appro- hundred thousand dollars be appropriated for the purpose of y3? d * establishing a dock yard, for repairing the vessels of war, in such central and convenient place on the seaboard as the President of the United States shall designate. SEC. 5. And be it further enacted, That the President be, SSSibr 3- and he is hereby, authorized to contract for the building of any ding any of the 44 / ' . . . i , i J gun ships. of the six forty-four gun ships authorized by law '.provided, that The same to be the building be under inspection of an agent appointed by the SSn^f wi 1 agent Secretary of the Navy. SEC. 6. And be it further enacted, That the President of Sa !f of % boats i TT-io i i -i ii T authorized. the United JMates be authorized to sell, or dispose of, such and so many of the gun boats belonging 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. APPROVED, March 3, 1813. AN ACT for the regulation of seamen on board the public and private vessels of the United States. SEC. 1. Be it enacted, fyc., That, from and after the termina- After the war, - .. - i . i i i TT i o -i teens of U. tion of the war in which the United Jbtates are now engaged only to be em- with Great Britain, it shall not be lawful to employ on board Kr^HvSet any of the public or private vessels of the United States, any ^ e s ftheUnited person or persons, except citizens of the United States, or per- sons of color, natives of the United States. 94 1813. SEC. 2. And be it further enacted, That, from and after the Naturalized citi- time when this act shall take effect, it shall not be lawful to mly be eniojed employ, as aforesaid, any naturalized citizen of the United States, unless such citizen shall produce to the commander of the public vessel, if to be employed on board such vessel, or to a collector of the customs, a certified copy of the act by which he shall have been naturalized, setting forth such naturaliza- tion, and the time thereof. Lists of the crews S EC - 3. And be it further enacted, That, in all cases of pri- cenm^^prevt vate vesse l s of the United States sailing from a port in the Uni- ousiy^tothe sail- ted States to a foreign port, the list of the crew, made as here- foreSgn vo S yaie?. n tofore directed by law, shall be examined by the collector for the district from which the vessel shall clear out, and, if approved of by him, shall be certified accordingly. And no person shall be admitted or employed as aforesaid, on board of any vessel aforesaid, unless his name shall have been entered in the list of the crew, approved and certified by the collector for the district from which the vessel shall clear out as aforesaid. And the said collector, before he delivers the list of the crew, approved corded^n abook" anc ^ cert ifi e( l as a foi'esaid, to the captain, master, or proper offi- cer of the vessel to which the same belongs, shall cause the same to be recorded in a book, by him for that purpose to be ^~ provided, and the said record shall be open for the inspection of all persons, and a certified copy thereof shall be admitted in evidence in any court in which any question may arise, under any of the provisions of this act. supplemental di- SEC. 4. And be it further enacted. That the President of S?b S the y pre e t ^ le United States be, and he hereby is, authorized, from time )y tne rre- . i . with res- to time, to make such further regulations, and to give such di- "" rections to the several commanders of public vessels, and to the u - s< several collectors, as may be proper and necessary respecting the proofs of citizenship, to be exhibited to the commanders or Proviso. collectors aforesaid : provided, that nothing contained in such regulations, or directions, shall be repugnant to any of the pro- visions of this act, seamen or sea- SEC. 5. And be it further enacted, That, from and after the i f y n admTtted 3 !Istime when this act shall take effect, no seaman or other seafar- nferX^veTseis m g man, not being a citizen of the United States, shall be ad- upon certain con- mitted or received as a passenger on board of any public or pri- vate vessel of the United States, in a foreign port, without permission in writing from the proper officers of the country of which such seaman or seafaring man may be subject, or citizen. SEC. 6. And be it further enacted, That, from and after the i- time when this act shall take effect, the consuls, or commercial ?, of any nation at peace with the United States, shall be .tain cases. admitted (under such regulations as may be prescribed by the President of the United States) to state their objections to the proper commander or collector as aforesaid, against the em- ployment of any seaman, or seafaring man, on board of any pub- lic or private vessel of the United States, on account of his be- ing a native subject or citizen of such nation, and not embraced 95 within the description of persons who may be lawfully em- 1813. ployed, according to the provisions of this act; and the said ~~ consuls, or commercial agents, shall also be admitted, under the present 3 wK the said regulations, to be present at the time when the proofs of ^ fs citizenship, of the persons against whom such objections may gated. have been made, shall be investigated by such commander or collector. SEC. 7. And be it further enacted. That if any commander Penalty of a public vessel of the United States jshall knowingly employ, ' or permit to be employed, or shall admit or receive, or permit to be admitted or received, on board his vessel, any person ofthe u. states. whose employment or admission is prohibited by the provisions of this act, he shall, on conviction thereof, forfeit and pay the sum of one thousand dollars for each person thus unlawfully employed or admitted on board such vessel. SEC. 8. And be it further enacted, That if any person shall, Masters & own- contrary to the prohibitions of this act, be employed, or be re- seL fp to Vat forSt ceived, on board of any private vessel, the master or com- $ 500< mander, and the owner or owners, of such vessel, knowing thereof, shall respectively forfeit and pay five hundred dollars for each person thus unlawfully employed or received in any one voyage ; which sum, or sums, shall be recovered, although such seaman or person shall have been admitted and entered in the certified list of the crew aforesaid, by the collector for the district to which the vessel may belong* : and all penalties and f r . . . . J . /. i Penalties to be forfeitures arising under, or incurred by virtue of, this act, may recovered by ac- be sued for, prosecuted, and recovered, with costs of suit by ac- tic tion of debt, and shall accrue and be, one moiety thereof to the use of the person who shall sue for the same, and the other moiety thereof to the use of the United States. SEC. 9. And be it further enacted, That nothing in this act, Foreign seamen contained shall be construed to prohibit any commander, or KmeS^s- master. of a public or private vessel of the United States, whilst sels in foKi s^ c . f A - ports. m a foreign port or place, from receiving an American seaman conditions. in conformity to law, or supplying any deficiency of seamen on board such vessel, by employing American seamen, or subjects of such foreign country, the employment of whom shall not be prohibited by the laws thereof. SEC. 10. And be it further enacted, That the provisions of provisions of this this act shall have no effect or operation with respect to the em- ployment, as seamen, of the subjects or citizens of any foreign izensor subjects i i i n i ' ^ i i of nations which nation which shall not, by treaty or special convention with the have not adopted Government ofthe United States, have prohibited, on board o f its P rincipleSt her public and private vessels, the employment of native citi- zens of the United States, who have not become a citizen or subject of such nation. SEC. 11. And be it further enacted, That nothing in this Nor to be a bar to act contained shall be so construed as to prevent any arrange- any tr< ment between the United States and any foreign nation, which may take place, under any treaty or convention, made and ra- tified in the manner prescribed by the Constitution of the Uni- ted States. 96 1813. SEC. 12. And be it further enacted. That no person, who Residence of five shall arrive in the United Stales, from and after the time when SSty ^qualify this act'shall take effect, shall be admitted to become a citizen ?omtL en e " of the United States, who shall not, for the continued term of five years next preceding his admission as aforesaid, have resid- ed within the United States, without being at any time, during the said five years, out of the territory of the United States, penait for for SEC. 13. And be it further enacted, That if any person in? certificates of shall falsely make, forge, or counterfeit, or cause or procure to protections. r De falsely made, forged, or counterfeited, any certificate, or evi- dence of citizenship, referred -to in this act ; or shall pass, utter, or use as true, any false, forged, or counterfeited cerlificate of citizenship, or shall make sale, or dispose of, any certificate of citizenship to any person other than the person for whom it was originally issued, and to whom it may of right belong, every such person shall be deemed and adjudged guilty of felony; and on being thereof convicted, by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a period not Less than three, or more than five, years, or be fined in a sum not less than five hundred dollars, nor more than one thousand dollars, at the discretion of the court taking cognizance thereof. NO suit for any SEC. 14. And be it further enacted, That no suit shall be tMs^actJ unless brought for any forfeiture or penalty incurred under the provi- year!T nced '" 3 visions of this act, unless the suit be commenced within three years from the time of the forfeiture. APPROVED, March 3, 1813. AN ACT authorizing the President of the United States to cause to be built barges for the defence of the ports and harbors of the United States. [Repealed, Feb. 27, 1815.] SEC. 1. Be it enacted, 8fc., That, for the protection of the President cause ports and harbors of the United States, the President shall cause ber b of U bargel U for to be built, without delay, such number of barges as he may the portSdhar- deem necessary, to be armed, equipped, and manned, as he borsof tneu. s. ma y direct, of a size not less than forty-five feet long, and ca- pable of carrying heavy guns. ooo a) ro SEC. 2. And be it further enacted, That, for the purpose printed itoMihe aforesaid, the sum of two hundred and fifty thousand dollars be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appropriated. APPROVED, July 5, 1813. AN ACT providing for the further defence of the ports and harbors of the Uni- ted States. [Obsolete.] President may SEC. 1. Be it enacted, fyc., That the President be, and he Snk e for lk g s reater^ s nereb y> authorized, whenever the same shall be deemed ne- ports cessary for the defence and security of any of the ports and of po harbors of the United States, to cause to be hired, or purchased, hulks, or other means of impediment to the entrance of the ships or vessels of the enemy, to be sunk with the consent of 97 the proper authority of the State in which such port or harbor 1814. may be, and the same to be removed whenever, in his opinion, ~ it may be done with safety to such ports or harbors. SEC. 2. And be if further enacted, That, to defray any ex- $250,000 appro- pense which may be incurred under this act, the sum of two hun- P rialed< idred and fifty thousand dollars be, and the same is hereby, appro- priated, to be paid out of any moneys in the treasury not other- wise appropriated. APPROVED, July 16, 1813. AN ACT to amend and explain the act regulating pensions to persons onboard private armed ships. Construction of Be it enacted, ^c., That the act, regulating pensions to per- sons on board private armed ships, shall be construed to autho- &c> rize the Secretary of the Navy to place on the pension list, un- der the restrictions and regulations of the said act, any officer, seaman, or marine, belonging to any private armed ship or ves- sel of the United States, bearing a commission of letter of marque, who shall have been wounded, or otherwise disabled, in the line of their duty as officers, seamen, or marines, of such private armed ship or vessel. APPROVED, August 2, 1813. AN ACT giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States. [Pensions granted under this act, renewed for the further term of five years, by act of April 16, 1818 ; and its provisions extended so as to embrace the wi- dows, &c. , of those who may have died in consequence of accident or casualty. ] SEC. 1. Be it enacted, <$pc. , That if any officer, seaman, or rna- officers, seamen, rine, serving on board of any private armed ship or vessel, bearing boarT a commission of letter of marque, shall die, or shall have died JJ d since the 18th day of June, in the year 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 children under sixteen years pSaS" O n the of age, such widow, or, if no widow, such child or children, JfJJjJS,^ &c - shall be placed on the pension list by the Secretary of the Navy, fy aw5on nt t who shall allow to such widow, child, or children, half the J?gS ^ e ce r a a s n e $ monthly pension to which the rank of the deceased would have S^^^er entitled him for the highest rate of disability, under " An act the act mention- regulating pensions to persons on board private armed ships ;" ^' which allowance shall continue for the term of five years; but death in case of the death or intermarriage of such widow before the SSfSJ expiration of the term of five years, the half pay for the re- mainder of the term shall go to the child or children of the de- ceased : provided., that the half pay shall cease on the death of such child or children. And the several pensions, hereby di- to be paid out of rected, shall be paid by direction of the Secretary of the Navy, by n out of the fund provided by the 17th section of an act, entitled SS " An act concerning letters of marque, prizes, and prize goods ;" An y seaman ' -and from no other. SEC. 2. Arid be it further enacted, That if any seaman, or ma- 98 1814. rine, belonging to the navy of the United States shall die, or if any &c. by reason of officer, seaman, or marine, belonging to the navy of the United STvvs^'cwi- States, shall have died since the 18th day of June, in the year half the monthly of our Lord 1 812 5 by reason of a wound received in the line of pay, &c. for five his duty, leaving a widow, or, if no widow, a child or children 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 case if the widow dies of the death or intermarriage of such widow, before the expiration or marries, be- -,,, .j . -/. TIM- / i i c fore, & c . the half of the said term of five years, the half pay for the remainder of SSdrenf to the th . e term sha11 g to the child or children of the deceased : pro- vided, that such half pay shall cease on the death of such child paid ut e ofthe or children. And the money required for this purpose shall be navy pension paid O ut of the navy pension fund under the direction of the fund, &c. . . * A. * j commissioners of that fund. APPROVED, March 4, 1814. AN ACT authorizing the President of the United States to cause to be built, equipped, and employed, one or more floating batteries, for the defence of the waters of the United States. [Obsolete.] Be it enacted, 4'c., That the sum of five hundred thousand $500,000 appro- dollars be, and the same is hereby, appropriated, for the purpose Sg* ted equ r ippiSg" of building, equipping, and putting into service, one or more &c. one or more floating batteries, of such magnitude and construction as shall floating batteries, ' . &c. appear to the President of the United States best adapted to at- tack, repel, 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 other vvise appropriated. APPROVED, March 9, 1814. AN ACT authorizing the appointment of certain officers for the flotilla service. [Repealed, Feb. 27, 1815.] The president SEC. ^' ^ e ^ enacted, fyc., That the President of the Uni- and senate au- ted States be, and he is hereby, authorized, by and with the ir ca?- advice and consent of the Senate, to appoint four captains and toS twelve lieutenants, to be employed in the flotilla service of the employed m the United States, without rank in the navy, but with the same re- ' e ' lative rank and authority in the flotilla service as officers of the same grade are entitled to in the navy of the United States. and subsis ^ EC * ^" ^ nc ^ ^ e ^ f ur ^ er enacted, That the said captains te a nce a of ttu^cap- shall receive the pay and subsistence of a captain in the navy, IntiVwho^to commanding a ship of twenty and under thirty-two guns, and the be governed by lieutenants the same pay and subsistence as officers of the same the rules provi- . , , . " / dcd for the navy, rank are entitled to in the navy of the United States, and shall be governed by the rules and regulations provided for the gov- ernment of the navy. SEC. 3. And be it further enacted, That it shall be lawful ilSy appofnltny for the President of the United States to appoint, in the recess 99 of the Senate, any of the officers authorized by this act, which 1814. appointments shall be submitted to the Senate at their next ses- of the officer* authorized, &c., SlOn. in the recess. APPROVED, April 16, 1814. AN ACT authorizing an augmentation of the marine corps, and for other pur- poses. [Altered by subsequent laws, changing the organization of the corps.] SEC. 1. Be it enacted, fyc., That the President of the Uni- ted States be, and he is hereby, authorized to cause the marine corps, in the service of the United States, to be augmented, by the appointment and enlistment of not exceeding one major, fourteen captains, twelve first lieutenants, twenty second lieu- tenants, sixty-one sergeants, forty-two* drums and fifes, and six hundred and ninety-six 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, entitled and subject. SEC. 2. And be it further enacted. That the adjutant, pay- The staff to be master, and quartermaster, of the marine corps, may be taken clpSn S fr S Sl- either from the line of captains or subalterns, and the said offi- baitems. Their cers shall respectively receive thirty dollars per month, in addi- pa tion to their pay in the line, in full of all emoluments. SEC. 3. Arid be it further enacted, That the President of president may the United States be, and he is hereby, authorized to con- rank^in cwuS fer brevet rank on such officers of the marine corps as shall dis- cases - tinguish themselves by gallant actions, or meritorious conduct, or who shall have served ten years* in any one grade : provi- Proviso. ded, that nothing herein contained, shall be so construed as to entitle officers, so brevetted, to any additional pay or emolu- ments, except when commanding separate stations or detach- ments, when they shall be entitled to, and receive, the same pay and emoluments, which officers of the same grades are now, or hereafter may be, allowed by law. SEC. 4. And be it further enacted, .That it shall be lawful president may for the President of the United States, in the recess of the Sen- Sfi*lj ate, to appoint any of the officers authorized by this act ; which of the senate, appointments shall be submitted to the Senate, at their next session, for their advice and consent. SEC. 5. And be it further enacted, That it shall be lawful And of the navy. for the President of the United States, in the recess of the Sen- ate, to appoint all or any of the officers of the navy authorized by existing laws ; which appointments shall be submitted to the Senate, at their next session, for their advice and consent. APPROVED, April 16, 1814. * So much of this section as authorizes brevet rank for ten years service, re- pealed June 30, 1834. 100 1814. AN ACT granting pensions to the officers and seamen serving on board the re- venue cutters, in certain cases. n o thrive" ^ e ^ cnacte ^-> fy c 'i Tnat tne officers and seamen of the re- mi e e n c utters, re dis" venue cutters of the United States, who have been, or may be, pfaced & pn t0 the wounded or disabled in the discharge of their duty whilst co- pension list, operating with the navy, by order of the President of the Uni- ted 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 seamen of the navy. APPROVED, April 18, 1814. AN ACT to provide for the collection and preservation of such flags, standards, and colors, as shall have been, or may hereafter be, taken, by the land and na- val forces of the United States, from their enemies. [Completed.] wS^d^avy ?o f SEC - L Be ** enacted, fyc., That the Secretaries of the War collect aii flags, and Navy departments be, and they are hereby, directed to cause to be collected and transmitted to them, at the seat of the Government of the United States, all such flags, standards, and colors, as shall have been, or may hereafter be, taken, by the army and navy of the United States, from their enemies. SEC. 2. And be it further enacted, That all the flags, stand- public p^ce^as arc j s? an( j colors, of the description aforesaid, which are now in shall direct. the possession of the departments aforesaid, and such as may be hereafter transmitted to them, be, with all convenient des- patch, 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. $500 appropria- SEC. 3. And be it further enacted, That the sum of five hundred dollars be, and the same is hereby, appropriated, for the above purposes, out of any moneys in the treasury not otherwise appropriated. APPROVED, April 18, 1814. AN ACT concerning the pay of officers, seamen, and marines, in the navy of the United States. [The pay of all commissioned officers except pursers, and of all warrant offi- cers, changed by subsequent acts. Sec. 2 repealed Feb. 22, 1817.] Pa &c of com ^ EC * ^' Be ^ enacted, fyc., That the pay and subsistence missioned and of the respective commissioned and warrant officers be as fol- warrant officers, j QWg . a ij eu t e nant, other than a master commandant, or lieu- tenant 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 surgeon, fifty dollars per month and two rations 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 sailmaker, twenty dollars per month and two rations per day ; and that the pay to be allowed to the cases. 101 petty officers and midshipmen, and the pay and bounty upon 1815. enlistment of the seamen, ordinary seamen, and marines, shall Pay and bounty be fixed by the President of the United States : provided, that the whole sum to be given, for the whole pay aforesaid, and the pay of officers, and that the amount of bounties upon en- ated m any year, listment of seamen and marines, shall not exceed, for any year, the amount which may, in such year, be appropriated for those purposes respectively. SEC. 2. And be it further enacted, That the President be, Augmentation of and he is hereby, authorized to make an addition, not exceed- "' ing twenty-five per cent., to the pay of the officers, petty offi- cers, midshipmen, seamen, and marines, engaged in any ser- vice, the hardships or disadvantages of which shall, in his judg- ment, render such an addition necessary. APPROVED, April 18, 1814. N. B. This act does not fix the pay of carpenters ; but by an act, approved July 1, 1797, they are allowed the same pay and rations as boatswains, gunners, and sailmakers, and they have always received the same. AN ACT authorizing the President of the United States to cause to be built, or purchased, the vessels therein described. [Repealed, Feb. 27, 1815.] SEC. 1. Be it enacted, fyc., That, in addition to the present ? loriz * r d eside J! naval establishment, the President of the United States be, and cause to be bmit he is hereby, authorized to cause to be built, or purchased, ^exceeding 20 manned, equipped, and officered, any number of vessels, exceeding twenty, which, in his opinion, the public service may require, to carry not less than eight, nor more than sixteen, guns each. SEC. 2. And be it further enacted, That, for the building, or purchase, and equipping, of these vessels, the sum of six hundred thousand dollars be, and the same is hereby, appropri- ated, to be paid out of any money in the treasury not other- wise appropriated. ^ APPROVED, November 15, 1814, AN ACT directing the staff officers of the army to comply with the requisi- tions of naval and marine officers, in certain cases. SEC. 1. Be it enacted, fyc., That it shall be the duty of the officers of the several officers of the staff of the army of the United States, JJ%rovkie a ffi- to provide the officers, seamen, and marines, of the navy of the * ^fj^ United States, when acting, or proceeding to act, on shore, in tiie navy, when ' . , & , . . . r 7 ,, acting on shore co-operation with the land troops, upon the requisition of the W itu land troops, commanding naval or marine officer of any such detachment of EVt seamen or marines, under orders to act as aforesaid, with ra- and camp tions, also the officers and seamen with camp equipage, ac- ' cording to the relative rank and station of each, and the mili- tary regulations in like cases, together with the necessary 102 1815. transportation, as well for the men as for their baggage, provi- tracf S r/ c ?of c the Slous ? an( * cannon : provided, nevertheless, that the contract SSn? n to e be re- price of the rations, which may be furnished, shall be reimbursed out^of the appropriations for the support of the navy. Quartermasters SEC. 2. And be it further enacted, That the respective funS* arm com ( l uartermasters of the army shall, upon the requisition of the manding navai commanding naval officer of any such detachment of seamen hS' & forage! or marines, furnish the said officer, and his necessary aids, with horses, accoutrements, and forage, during the time they may be employed in co-operating with the land troops as aforesaid. APPROVED, December 15, 1814. AN ACT to alter and amend the several acts for establishing a navy depart- ment, by adding thereto a board of commissioners. The President to SEC. 1. Be it enacted, fyc., That the President of the Uni- vy^fficera^who ted States be, and he is hereby, authorized, by and with the f boSdTf 8 com 6 - advice and consent of the Senate, to appoint three officers of Sena" 6 for t ^ ie nav ^' wnose ran k shall not be below a post captain, who shall constitute a board of commissioners for the navy of the United States, and shall have power to adopt such rules and regulations for the government of their meetings as they may Powers and du- judge expedient: and the board, so constituted, shall be attach- uesofthe board. ed to the office of the Secretary of the Navy, and, under his superintendence, shall discharge all the ministerial duties of said office, relative to the procurement of naval stores and ma- terials, and the construction, armament, equipment, and em- ployment, of vessels of war, as well as all other matters con- Jo h int b thefrsecr?-nected with the naval establishment of the United States. And noT to is excS tnesa ^ board shall' appoint their own secretary, who shall re- $2,000 per an- ceive, in compensation for his services, a sum not exceeding [The board also t wo thousand dollars per annum, who shall keep a fair record cTe p rk S %iderXe of tneir proceedings, , subject at all times to the inspection of the act of aoth April, President of the United States, and the Secretary of the Navy. The' board to SEC. 2. And be it further enacted, That the said board of ?e r g5i a aTio r ns esa for commissioners, by and with the consent of the Secretary mky1n\e U seve~ ^ tne N avv 5 be, anc * are hereby, authorized to prepare such rai classes ofrules and regulations as shall be necessary for securing an uni- formity in the several classes of vessels, and their equipments, and for repairing and refitting them, and for securing responsi- bility in the subordinate officers and agents ; which regulations, when approved by the President of the United States, shall be respected and obeyed, until altered and revoked by the same authority; and the said rules and regulations, thus prepared and The board to fur- approved, shall be laid before Congress at their next session. &? ?s ' It shall also be the duty of said board, upon the requisition of the Secretary of the Navy, to furnish all the estimates of ex- penditure which the several branches of the service may re- quire, and such other information and statements as he may deem necessary. The officer hold- SEC. 3. And be it further enacted, That the officer of the ing the oldest ^{d board, holding the oldest commission, shall preside, and 103 each commissioner shall be entitled to receive, in compensa- 1815. tion for his services, three thousand five hundred dollars per commission to annum, in lieu of wages, rations, and other emoluments, as K!^done?u> naval officers; and all letters and packets, to and from the said J^ 6 ^^ 3 ' 500 commissioners, which relate to their official duties, shall be free Letters, &c.free. from postage. SEC. 4. And be it further enacted, That nothing in this act Nothing in this shall be construed to take from the Secretary of the Navy his J control and direction of the naval forces of the United States, C ' f fo rce as now by law possessed. APPROVED, February 7, 1815. AN ACT to repeal certain acts concerning the flotilla service, and for other purposes. [Obsolete.] SEC. 1. Be it enacted, ^c., That, from and after the first ^ n act concern- day of April next, the act, entitled " An act authorizing th^JyJS'SjyjJ President of the United States to cause to be built barges for ing the appoint- the defence of the ports and harbors of the United States," r ent th e f < S| passed the fifth day of July, in the year one thousand eight service, repealed. hundred and thirteen ; also an act, entitled " An act authoriz- ing the appointment of certain officers 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 jn force. SEC. 2. And be it further enacted. That the barges, and other , . i/iMi i-i i / i i f T Barges and other vessels, composing the flotilla establishment, (they being first di- vessels of the flo- vested of their guns and military stores, which are to be care- Jjjjj up, b &c. ld r fully preserved,) shall be sold, or laid up, under the direction of the President of the United States, and the moneys arising therefrom paid into the treasury thereof. SEC. 3. And be it further enacted, That all the commis- Officer8 ana pri _ sioned and warrant officers, and all the privates, who shall bevates discharged T i i /. ,1 i /. ,i e i to receive four discharged in consequence of the s repeal of the acts aforesaid, months pay, over shall be entitled to receive four months' pay, over and above what and above ' &Ct may be due to them, respectively, at the time of their discharge. SEC. 4. And be it farther enacted, That the President of The President the United be, and he hereby is, authorized to cause all the authorized to , i /.iii 11 cause the armed armed vessels thereof on the lakes, except such as he may deem vessels on the necessary to enforce the proper execution of the revenue laws, to be sold, or laid up, as he may judge most conducive to public interest ; such vessels being first divested of their arma- ment, tackle, and furniture, which are to be carefully preserved. SEC. 5. And be it further enacted, That the act, entitled ^ acl authori _ " An act authorizing the President of the United States to cause ^{Jjjjjjj^jj to be built, or purchased, the vessels therein mentioned," pass- vessels 1 , repealed. ed the fifteenth day of November, in the year one thousand eight hundred and fourteen, be, and the same is hereby, re- pealed ; and the President of the United States is hereby au- Sf 8 Xe qui ?pt thorized to cause to be sold such of the vessels acquired under mav be sold > &c - 104 1815. the said act as he may deem inexpedient to be retained in the ~~ public service ; and to cause the money arising therefrom to be paid into the public treasury. SEC. 6. And be it further enacted, That the President of The President ^ ie United States be, and he is hereby, authorized to cause to authorized to be sold, they being first divested of their guns and military to be e soicu nboats stores, which are to be carefully preserved, such and so many of the gunboats belonging to the United States, as, in his judg- ment, may no longer be necessary to be retained for the public service; and such of the warrant officers and privates, as may be warrant officers discharged in consequence of su(5h sale, shall be entitled to re- and privates dis- ceive four months' pay, over and above what may be due to charged, &c. en- .-, , .-, ,. / "Ii v i titled to four them at the time of their discharge. months' pay, .,-. , rtl ~ - - , over and above, APPROVED, February 27, 1815. AN ACT concerning the naval establishment. $soo,ooo appro- & e *'* enacted, fyc., That, in addition to the sums here- printed annually, tofore appropriated for that purpose, the sum of two hun- Ibr three years, i j ,t~ * * S j n ' * i -\ \ i i i towards the pur- died thousand dollars* be, and the same is hereby, appropriated, of SfrtoSc oTev y annually, for three years, towards the purchase and supply of cry description of a stock of every description of timber, required for ship build- iiu'itjor* . 11 t i i t* ing, and other naval purposes, to be paid out 01 any moneys in the treasury, not otherwise appropriated. APPROVED, March 3, 1815. AN ACT in addition to an act, entitled te An act in relation to the navy pen- sion fund." SEC. 1. Be it enacted, fyc., That, in all cases of prizes, cap- tured by the public armed ships of the United States, which shall be sold under the order of the proper prize court, interlo- Proceeds of sales cutory or final decree, it shall be the duty of the marshal of the ured pli b zes uSfc United States, making the sale, to pay the proceeds thereof into armed ship" to the registry of the proper court, within thirty days after such marshal imo file sale shall be made and closed ; and, immediately upon the pay- registry of the men t into the registry of the proceeds as aforesaid, it shall be court within tlnr- & J ty days, and the the duty of the clerk of the court to deposite the same in some ateiy to dpos?te bank, to be designated by the judge or judges of the court, sub- -J ec ^ to tne O1 '^ er anc ^ distribution of the court as in other cases; by the and when the said prizes shall have been duly condemned, it courtf ie shall be the duty of the court to direct the share of such prizes, belonging to the United States, to be forthwith carried, in the aTe he condemned" account with such bank, to the credit of the Treasurer of the wJt C Se rt ^wre^; Doited States on account of the navy pension fund; and co- the united states pies of the certificate of such deposite and credit shall be there- the^reTt^the upon transmitted to the Treasurer of the United States and to Treasurer, &c. * This sum, or the unexpended balance thereof, included in the act, approved April 29, 1816, appropriating $1,000,000 annually, for eight years, for the grad ual increase of the navy. 105 the Secretary of the Navy, as soon as may be, by the clerk of 1816. such court; and the share of such prizes belonging to the cap- The share of the tors, deposited as aforesaid, shall be paid over to the parties en- overuponthe J or- titled, or to their authorized agent, or agents, upon the order of ^j U d f ge? e C Urt the proper court in term, or of the judge or judges of such court in vacation. SEC. 2. And be it further enacted, That it shall be the JJarehais^ ^JJ* duty of the marshals of the several districts of the United States, their accounts in and of the clerks of the respective courts of the United States, KVdt^fte'r' to state and settle their respective accounts, in all cases of prizes final adjudication . , * . , / unless the court captured as aforesaid, specifying therein all costs and charges assigns a different taxed, claimed, arid paid, by them, and to submit the same to Ume- the proper court having cognizance thereof, for examination and allowance, within sixty days after a final adjudication of such causes, unless a different time shall be assigned by such court; and thereupon, such courts in term, or any judge there- Jm,or Ses of in vacation, may proceed summarily to hear, examine, and vacation, "may !, i 1 /. i 11 summarily exam - allow, the same accounts; and, after such allowance, one copy m e and aiiovv the of the same accounts shall be filed among the records of mfc'S^SffJSSB court, and another copy shall be transmitted, by the clerk of the ^' to t i," d Se ^ court, to the Secretary of the Navy, within thirty days after the taryoftheNavy, allowance thereof. SEC. 3. And be it further enacted, That it shall the duty ^strict tr Attor- of the district attorneys, of the respective districts of the United "o y thc secretary States, to transmit to the Secretary of the Navy a statement of all prizes captured as aforesaid, which shall be libelled, con- denmed, or restored, at each term of the district and circuit stored. courts, within their respective districts, as soon as may be, after the conclusion of each term, and to accompany such list with a schedule and invoice of the various articles composing the cargoes of such prizes. SEC. 4. And be it further enacted, That the respective The courts em- courts of the United States, before whom a libel against any JSoMtoco^ prizes captured as aforesaid shall be pending, or by whom a JnictStatoob^ decree of condemnation and distribution of such prizes shall the requisitions of have been awarded, shall have full power and authority, in the thlsact; exercise of their admiralty and maritime jurisdiction, to issue a monition, and other proper process, to compel the marshal and clerk to perform and obey the requisitions of this act ; and upon And may sum- the complaint of the United States, or any person interested in , mee- the premises, summarily to hear and examine the same, and to cree according to , r , 1111 J j justice and law. make such award, order, and decree, therein, as to justice and law shall appertain. And if the marshal or clerk shall wilful- The marshal or ly refuse, or unreasonably neglect, to perform and obey any of or erk r ' e fusmg Ctu S the requisitions of this act, the party so refusing, or neglecting, obey the rcgufei- shall further forfeit and pay, to the United States, the sum of forfeits 500 doiis.' five hundred dollars for every such refusal or neglect. SEC. 5. And be it further enacted. That there shall be al- The accountant 111 / i iv~ T-V /! of the Navy De- iowed, to the accountant of the JMavy Department, for his extra pa rtment allowed services in collecting, stating, and settling, the accounts of prize money, belonging to the navy pension fund, the annual sum of in settling 106 1816. three hundred dollars, to be paid quarterly-yearly, out of the counts of prize navy pension fund. vype e L?o f n th funS" SEC. 6. And be it further enacted, That, whenever sales of ^um h fi?saies a ofpri zes captured as aforesaid, have been made before the passing prizes prior to of this act, and the proceeds thereof have not been paid into this act within . . ., , - ,, ,. ., , six months, or the registry of the proper court, or finally distributed under its hythe r court? cted order, it shall be the duty of the marshal, who made the sale, within six calendar months from the passing 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 account of the costs and charges attending the same, and to submit the same account, for examination and allowance, to the court, or to the judge or judges thereof; and, in like manner, it shall be the duty of the fees and charges respective clerks of the district courts, within six calendar within 6 months, i / i r t i or sooner if re- months irom the passing oi this act, or such shorter reasonable court. he time as may be assigned by the proper court, or the judge or judges thereof, to present to such court, or the judge or judges thereof, for examination and allowance, a particular account of their fees and charges, in all cases of prizes captured as afore- said, where such account has not been already presented and After accounts allowed ; and, after such account shall be examined and allow- 6C ^ ^ s ^ ia ^ ^ e ^ e( ^ amon g tne i' ecor ds of the court, and a copy s thereof, duly attested, shall be transmitted by the clerk of the - court to the Secretary of the Navy ; and if any marshal, or clerk, if the marshal or sna ^ neglect, or refuse, to perform the duties herein required, he cierk neglect or may be proceeded against in the proper court, in the manner be^pJwSdT provided in the fourth section of this act. amsti SEC. 7. And be it further enacted, That, in cases where the the half momMy allowance of the half monthly pay, which may now be granted, Seamen, andma- ^Y l aw > to officers, seamen, and marines, disabled in the service nnes, is^not suffi- of the United States, shall, in the opinion of the commissioners sSstence, e !t of the navy pension fund, from the nature and extent of the ed%Jt e not to^x- disability, and the situation of the party disabled, be inadequate ceed fuii pay. to his necessaiy subsistence, the said commissioners shall be, and hereby are, authorized, in their discretion, to increase such allowance to any sum not exceeding the full amount of the monthly pay to which the party so disabled was by law entitled in the said service. APPROVED, April 16, 1816. AN ACT for the gradual increase of the navy of the United States. fnSa PP rop r e i- SEC - l ' Ee ^ enacted, fyc., That, for the gradual increase ated for eight of the navy of the United States, the sum of one million of Iradu'ai kfcrease dollars per annum, for eight years, is hereby appropriated, in- of the navy, eluding the sum of two hundred thousand dollars per annum, for three years, or the unexpended balance thereof, appropriated by an act approved on the third day of March, one thousand eight hundred and fifteen, entitled " An act concerning the na- val establishment." [This section repealed by act of 3d March, lor 1821, and $500,000, annually, for six years appropriated in- 1817. stead.] SEC. 2. And be it further enacted, That the President of President to the United States be, and he is hereby, authorized to cause to of^o^E S than be built nine ships, to rate not less than seventy-four guns Jhips^f novels each, and twelve ships, to rate not less than forty-four guns than 44 guns, to OG built each, including one, seventy-four and three forty-four gun ships, authorized to be built by an act, bearing date on the second day of January, one thousand eight hundred and thirteen, en- titled " 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 ne- cessary materials are procured, and the timber properly season- ed, to cause the said ships to be built and equipped; or if, in president may his judgment, it will more conduce to the public interest, he ^ ^ram^Si may cause the said ships to be framed and remain on the kept n the stocks, and kept in the best state of preservation, to be prepared 8tc for service in the shortest time practicable, when the public ex- igency may require them.* SEC. 3. And be it further enacted, That, for the defence of president autno- the ports and harbors of the United States, the President shall b^ be, and he is hereby, authorized to cause to be procured the steam engines, and all the imperishable materials necessary for equipping three building and equipping three steam batteries, on the most ap- st( proved plan, and best calculated for the waters in which they are to act : and such materials shall be secured in the best man- Materials to be ner, to ensure the completing such batteries in the shortest time bes^manner^to practicable, when they, or either of them, in the opinion of the JjJ?jj ^^Sl President, may be required for the public service ; and the Pre- teries in the ., ;. i i i i 11 11 shortest tune. sident is further authorized to cause to be completed, and kept The mock ship in the best state of preservation, the block ship now on thej stocks near New Orleans. P leted - SEC. -4. And be it further enacted. That the moneys ap- Moneys T i i i .11 i i -i i a ted by this act propnated by this act shall not be transferred to any other ob- not to be trans- Ject of expenditure, nor shall any part thereof be carried to the She? object, nor fund denominated the " surplus fund." c Sfund the ' sur ~ APPROVED, April 29, 1816. AN ACT to repeal the second section of an act, entitled " An act concerning the pay of officers, seamen, and marines, in the navy of the United States." [Obsolete.] Be it enacted, fyc., That the second section of an act, ^cond entitled " An act concerning the pay of the officers, sea- April is, men, and marines, in the Navy of the United States," passed re] the eighteenth of April, in the year one thousand eight hundred and fourteen, be, and the same is hereby, repealed. APPROVED, February 22, 1817. > *The President authorized, by act of May 17, 1826, to suspend the building of one of the vessels authorized, by this act, and to cause the timber for the same to be laid up and secured. 108 1817. AN ACT making reservation of certain public lands to supply timber for naval purposes. The secretary of SEC. 1. Be it enacted, fyc., That the Secretary of the Navy IKSTaMs be authorized, and it shall be his duty, under the direction of ^^s^ 1 ^ the President of the United States, to cause such vacant and ar timbers to be unappropriated lands of the United States, as produce the live Slo!S d ' a d S be oak and red cedar timbers, to be explored, and selection to be where the prinS- ma( ^ e ' of SUCQ tmcts or P olt ions thereof, where the principal growth is of either of the said timbers, as, in his judgment, may be necessary to furnish for the navy a sufficient supply of the said timbers. The said Secretary shall have power to employ such agent, or agents, and surveyor,* as he may deem necessary for the aforesaid purpose, who shall report to him the tracts by them selected, with the boundaries ascertained, and accurately designated, by actual survey or water courses, which report shall be laid before the President, which he may approve or reject, * n wn l e or m part; and the tracts of lands, thus selected, with ' the approbation of the President, shall be reserved, unless oth- erwise directed by law, from any future sale of the public lands, and be appropriated to the sole purpose of supplying timber for the navy of the United States : provided, that nothing in this Proviso: rights of '-,-, i- i ^ persons claiming section contained shall be construed to prejudice the rights 01 Sfced? be preju an y person or persons claiming lands which may be reserved as aforesaid. SEC. 2. And be it further enacted, That, if any person, or timbe? s on^Xe persons, shall cut any timber on the lands reserved as aforesaid, orlmy liv^oakM or ^^ remove > or be employed in removing, timber fiom the mi cedar on oth- same, unless duly authorized so to do by order of a competent l r c. pu Sjec a t nd S officer, and for the use of the navy of the United States ; or, if *oninent! imp "~ an y person, or persons, shall cut any live oak or red cedar tim- ber on, or remove or be employed in removing from, any other public lands of the United States, with intent to dispose of the same for transportation to any port or place within the United States, or for exportation to any foreign country, such person, or persons, so offending, and being thereof duly convicted before any court having competent jurisdiction, shall pay a fine not exceeding five hundred dollars, and be imprisoned not exceed- ing six months. vessels taking on SEC. 3. And be it further enacted, That, if the master, own- board timber er or consignee, of any ship or vessel, shall knowingly take on from lands reser- 7 .-... -ft /* i i ved, &c. forfeit- board any timber cut on lands reserved as aforesaid, without proper authority, and for the use of the navy, or shall take on board any live oak or red cedar timber, cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the ship or vessel, on board of which the same shall be seized, shall, with her tackle, apparel, and furniture, be wholly forfeited. SEC. 4. And be it further enacted, That if any timber as * The power to employ agents and surveyor revoked by act, approved May 15, 1820. . 109 aforesaid shall, contraiy to the prohibitions of this act, be ex- 1817. ported to any foreign country, the ship or vessel, in which the Exportation of same shall have been exported, shall be liable to forfeiture, and to" this ac^sXJ the captain or master of such ship or vessel shall forfeit and pay i ec fo s r feim V ref e a\S a sum not exceeding one thousand dollars. the master to a SEC. 5. And be it further enacted, That all penalties and Recovery of pen- forfeitures, incurred for taking on board, transporting, or export- mitfg^nsthere- insr, timber, bv force of this act, shall be sued for, recovered, < according to ,' ,. ., % T -i ;. i -11 the acts menuon- and distributed, and accounted for, in the manner prescribed ed. by the act, entitled " An act to regulate the collection of du- ties on imports and tonnage," and shall be mitigated, or re- mitted, in the manner prescribed by the act, entitled " An act to provide for mitigating, or remitting, the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned." APPROVED, March 1 , 1817. AN ACT supplementary to an act, entitled "An act concerning the naval es- tablishment." SEC. 1. Be it enacted, fyc., That every purser, now in the pursers to enter service, or who may hereafter be appointed, shall, instead of the {^11^$^- bond required by the act to which this is a supplement, enter with tvvo r into bond, with two or more sufficient sureties, in the penalty of twenty-five thousand dollars, conditioned for the faithful dis- charge of all his duties as purser in the navy of the United 2 States, which said sureties shall be approved by the judge, or at- J " dg ^ r ^Jj^ torney, of the United States for the district in which such purser shall reside. SEC. 2. And be it further enacted, That, from and after the ^ZS- to a ft2 first day of May next, no person shall act in the character of *5 7j lst ^Jg purser, who shall not enter into bond as aforesaid, excepting bond, excepting pursers on distant service, who shall not remain in service longer servfce^&c^nor than two months after their return to the United States, unless they ' &Ct they shall comply with the provisions of the first section of this act. APPROVED, March 1, 1817. AN ACT to amend and explain an " Act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States." [Repealed by act of January 22, 1824 ; but rights under it are reserved.] Be it enacted, $*c., That if any officer, seaman, or marine, widow* and belonging to the navy of the United States, shall die, or shall JSS 1 ^' 5 have died, since the eighteenth day of June, in the year of our an^SineTde- Lord one thousand eight hundred and twelve, in consequence J^^ ^ 1 ^ of disease contracted, or casualties or injuries received, while June, IBIS, while in the line of his duty, and which shall be satisfactorily proved JJut/fentiS to to the commissioners of the navy pension fund, leaving a widow, h ^ pa - v for five or, if no widow, a child or children, under sixteen years of age, such widow, or, if no widow, such child or children, shall be 110 1817. entitled to receive half the monthly pay to which the deceased "~ was entitled at the time of his death, which allowance shall if the widow continue for the term of five years : but, in case of the death or dies or marries, . . ., . .-, *Y / ,1 ,. i . -, the half pay goes intermarriage of such widow, before the expiration of the said to the children. term Q f five y GQXSy tne half pay. for the remainder of the term, Proviso : as to shall go to the child or children of the deceased : provided, eha'?p a a t r of that such half pay shall cease on the death of such child or Money to be paid children. And the money required for this purpose shall be fund navy P a ^ out of the navy pension fund, under the direction of the commissioners of that fund. APPROVED, March 3, 1817. AN ACT to provide for the prompt settlement of public accounts. SEC. 1. Be it enacted, fyc., That, from and after the third fice? of t the i 'war day ^ March next, the offices of accountant and additional ac- me d n2 a ajid office countant ^ tae department of war, the office of accountant of ^superintendent the navy, and the office of superintendent general of military ta e ry eral ^S su PP lies > be > and they are hereby, abolished, abolished. g E . c< 2. And be it further enacted, That, from and after the said third day of March next, all claims and demands whatever, All accounts to . > be settled in the by the United otates, or against them, and all accounts what- S"a y fte? e 3 P d a of ever, in which the United States are concerned, either as debt- March, isn. ors or as creditors, shall be settled and adjusted in the treasury department. Four auditors & SEC. 3. And be it further enacted, That, from and after the one comptroller third day of March next, in addition to the officers in the trea- a reasury a depart- sury department, already established by law, there shall be the mem. following officers, namely : four auditors, and one comptroller. Duty of the first SEC. 4. And be it further enacted, That it shall be the duty auditor. o f the first auditor to receive all accounts accruing in the trea- sury department, and, after examination, to certify the balance y and transmit the accounts, with the vouchers and certificate, to the first comptroller, for his decision thereon ; that it shall be Duty of the se-theduty of the second auditor to receive all accounts, relative to ltor< the pay and clothing of the army, the subsistence of officers, bounties, and premiums, military gftid hospital stores, and the contingent expenses of the Avar department ; that it shall be Duty of the third the duty of the third auditor to receive all accounts, relative to the subsistence of the army, the quartermaster's department ; and, generally, all accounts of the Avar department, other than Duty of the 4th those provided for ; and it shall be the duty of the fourth audi- auditor. tor to rece i ve a il accounts accruing in the navy department, or relative thereto; and the second, third, and fourth, auditors aforesaid, shall examine the accounts respectively, and certify the balance, and transmit the accounts, with the vouchers and certificate, to the second comptroller, for his decision thereon ; the fifth an( * ^ sna ^ ^ e tn e duty of the fifth auditor to receive all ac- counts accruing in, or relative to, the department of state, the general post office, and those arising out of Indian affairs, and examine the same, and thereafter certify the balance, and trans- 111 mit the accounts, with the vouchers and certificate, to the first 1817. comptroller, for his decision thereon : provided, that the Presi- Proviso: as to dent of the United States may assign to the second or third au- ditor the settlement of the accounts which are now confided to countant - the additional accountant of the war department. SEC. 5. And be it further enacted, That it shall be the duty of the auditors, charged with the examination of the ac- counts of the war and navy departments, to keep all accounts of the receipts and expenditures of the public money, in regard to those departments, and of all debts due to the United States on moneys advanced relative to those departments ; to receive from the second comptroller the accounts which shall have been finally adjusted, and to preserve such accounts, with their vouchers and certificates, and to record all warrants drawn^by the secretaries of those departments, the examination of the ac- counts of which has been assigned to them by the preceding section. And it shall be the duty of the said auditors to make such reports on the business assigned to them, as the secretaries of the war and navy departments may deem necessary, and re- quire, for the services of those departments. SEC. 6. And be it further enacted, That the said auditors Auditors to re- shall, annually, on the first Monday in November, report to the gjj l f t] ^ e s e t ^ Secretary of the Treasury the application of the money appro- sury. priated for the military and naval departments for the preceding year, which shall be laid before Congress, by him, with the an- nual statement of the public expenditure. SEC. 7. And be it further enacted, That the Treasurer of The treasurer ta the United States shall disburse all such moneys as shall have Je^ordefed^or been previously ordered for the use of the war and navy depart- *| r and 6 na^y de- ments, by warrants from the treasury, which disbursements shall panments, &c. be made pursuant to warrants drawn by the secretary of the war and navy departments, respectively, countersigned by the second comptroller, and registered by the auditors, respectively. [This section repealed May 7, 1822.] SEC. 8. [This section relates to the duty of the first comp- troller, and first and fifth auditors, and has no reference to the business of the navy department.] SEC. 9. And be it further enacted, That it shall be the duty Duty of the se~ of the second comptroller to examine all accounts settled by condcomptroller * the second, third, and fourth, auditors, and certify the balances arising thereon to the secretary of the department in which the expenditure has been incurred; to countersign all warrants drawn by the secretaries of the war and navy departments, which shall be warranted by law ; to report to the said secreta- ries the official forms to be issued in the different offices for dis- bursing the public money in those departments, and the manner and form of keeping and stating the accounts of the persons employed therein ; and it shall also be his duty to superintend the preservation of the public accounts, subject to his revision. SEC. 10. And be it further enacted, That it shall be the duty First comptroller of the first comptroller to superintend the recovery of all debts to 6U P erintend 112 1817. to the United States ; to direct suits and legal proceedings, and 2"fdS very of to take all such measures, as may be authorized by the laws, to enforce prompt payment of all debts due to the United States. The provision SEC. 11. And be it further enacted. That the provision con- SnSctfonof tained in the second section of the act, passed the third March, the act of 3d of one thousand seven hundred and ninety-seven, entitled, "An March, 1/97, ex- . ^ -n /> 1-1 tended in regard act to provide more effectually for the settlement of accounts ^ the 3 waTS between the United States and receivers of public money," meats depart wn ^ cn directs that, in every case where suits has been, or shall be instituted, a transcript from the books and proceedings of the treasury, certified by the register, shall be admitted as evidence, be extended, in regard to the accounts of the war and navy de- partments, to the auditors respectively charged with the exami- nation of those accounts, and that certificates, signed by them, shall be of the same effect as that directed to be signed by the register. Auditors empow- SEC. 12. And be it further enacted, That the auditors of tne public accounts shall be empowered to administer oaths, or affirmations, to witnesses, in any case in which they may deem it necessary for the due examination of the accounts with which they shall be charged.* secretary of the S]EC - 13 ' Ancl be ^ f ur ^ ier enacted, That it shall be the treasury to cause duty of the Secretary of the Treasury to cause all accounts of all accounts of ,1 j-, /. IT i . i i i i the expenditure the expenditure of public money to be settled within the year, of public money exce pt where the distance of the places, where such expenditure withm the year, occurs, may be such as to make further time necessary ; and, in respect to expenditures at such places, the Secretary of the Treasury, with the assent of the President, shall establish fixed First comptroller periods at which a settlement shall be required. And it shall congiess,annua r i e - be the duty of the first comptroller to lay before Congress, an- ce're "Siiuf of to nua Uy? during the first week of their session, a list of such offi- make settlement, cers as shall have failed in that year to make the settlement re- quired by law. The comptroller SEC. 14. And be it further enacted. That, in the annual statement of all accounts, on which balances appear to have been due more than three years, which the comptroller is now required by law to make, he shall hereafter distinguish those ac- counts, the balances appearing on which shall, in his opinion, be owing to difficulties of form, which he may think it equitable, comptroller not shall be removed by an act of Congress ; and where the debt- ci2de red baiances ors > by whom such balances shall have been due more than where debtors three years, shall be insolvent, and have been reported to Con- nave been report- /. -I i n ed insolvent 3 gress for three successive years as insolvent, the comptroller siveyeare. ^^j not ^ Q ^^0^ m sucn casej to continue to include such balances in the statement abovementioned. salary of the se- SEC. 15. And be it further enacted, That the salary of the cond comptroller com pt ro u er) appointed by virtue of this act, shall be three thou- $3,000 per ann. sanc i dollars per annum, and that of the auditors, each, three thousand dollars per annum. * Swearing or affirming falsely, touching the disbursement of public money, or in support of any claim against the United States, punishable as wilful per- jury, by act of March 1, 1823. 113 SEC. 16. And be it further enacted, That all letters and 1817. packages, to and from the comptroller and auditors hereinbe- Letters, . c fore mentioned, be conveyed free of postage, under the same SSn regulations that are provided by law for other officers of Govern- and a ment; and the Secretary of the Treasury is hereby authorized to assign the several sums appropriated for clerk hire in the of- fices of the accountant, additional accountants, superintendent general of military supplies, and accountant of the navy, to the officers hereby created, to which their respective duties shall be assigned. APPROVED, March 3, 1817. AN ACT to fix the peace establishment of the marine corps. [Obsolete.] SEC. 1. Be it enacted, fyc.. That the peace establishment Dumber of -of the marine corps shall consist of the following officers, non- commissioned officers, musicians, and privates, viz : one lieu- tenant colonel commandant, nine captains, twenty-four first lieutenants, sixteen second lieutenants, one adjutant and in- spector, one paymaster, and one quartermaster, to be taken from the said captains and lieutenants, seventy-three corporals, forty- two drums and fifes, and seven hundred and fifty privates. SEC. 2. And be it further enacted, That the President of The Present to the United States cause the provisions of this act to be carried ^c&rtSSinSef- into effect on the first day of April next, or as soon thereafter as A^Vsir^si^ circumstances will admit, and cause any supernumerary offi- pemumeraiy offi- cers to be discharged from the service of the United States ; and charged, ^uh^a to all persons so discharged, there shall be paid three months 7 months* addiih- additional pay. SEC. 3. And be it further enacted, That the President of The President the United States may, in the recess of the Senate, appoint any of the officers authorized by this act, which appointments shall J be submitted to the Senate, at their next session, for their advice and consent. APPROVED, March 3, 1817. AN ACT supplementary to an act, entitled " An act further to amend the sev- eral acts for the establishment and regulation of the treasury, war, and navy departments." Be it enacted, fyc., That nothing contained in the act of the reafra third of March, one thousand eight hundred and nine, entitled making transfers "An act further to amend the several acts for the establishment fo/spociS^S and regulation of the treasury, war, and navy departments, " jectstoanyotlier * shall be construed to authorize the President of the United States to direct any sum appropriated to fortifications, arsenals, armories, custom-houses, docks, navy yards, or buildings of any 8 114 1818. sort, or to munitions of war, or to the pay of the army or navy, to be applied to any other object of public expenditure. APPROVED, March 3, 1817. AN ACT to establish the flag of the United States. SEC. 1. Be it enacted, $-c., That, from and after the fourth day of July next, the flag of the United States be thirteen hori- zontal stripes, alternate red and white : that the union be twen- ty stars, white in a blue field. juiy, r isie, the SEC. 2. And be it further enacted, That, on the admission strfpes t0 and 20 f ever y ne w State into the Union, one star be added to the stars. union of the flag ; and that such addition shall take effect on the fourth day of July then next succeeding such admission. ded star for b e e vet APPROVED, April 4, 1818. new state. AN ACT to repeal part of the act, entitled " An act to provide for surveying the coasts of the United States." SEC. 1. Be it enacted, $*c., That so much of the third sec- tion of the act, passed the tenth day of February, one thousand eight hundred and seven, entitled " An act to provide for sur- ergong veying the coasts of the United States," as authorizes the em- beSging P to rS the ployment of other persons in the execution of said act, than the be m emp?o?cd y inP ersons belonging to the army and navy, be, and the same is surveying the hereby, repealed. SKC. 2. And be it further enacted. That all instruments and property of the United States, and all surveys, draughts, notes, charts, maps, and documents, in any wise belonging to the sur- vey of the coasts, be deposited in such place as the President of the United States shall direct. me APPROVED, April 14, 1818. President directs. 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." [Extended for the further term of five years, by act of April 9, 1824.] SEC. 1. Be it enacted, fyc., That, in every case where a person has been put on the pension list, or granted a certificate of pension, by virtue of the first section of an act, passed the Persons ut on ^ ourtn day of March, in the year eighteen hundred and four- the' pension list teen, entitled " An act giving pensions to the orphans and wi- ist section of the dows of persons slain in the public or private armed vessels of g{ 4 of ^^^tke United States,',' the Secretary of the Navy be, and he is ed tun monthly hereby, authorized, at the expiration of the term of five years, pension for the - x.* i * i n i i i further term of for which any pension certificate shall have been granted as five years. aforesaid, to allow the full monthly pension to which the rank of the deceased would have entitled him for the highest rate of disability, and that such pension shall continue to such person 115 for the further term of five years : provided, that such pension 1818. shall cease on the death of such widow, child, or children. SEC. 2. And be it further enacted, That if any officer, sea- Proviso: pension man, or marine, shall have died since the eighteenth day of O f3> e w. ndl June, in the year eighteen hundred and twelve, in consequence STf 8 Ameers" of an accident or casualty, which occurred while in the line of seamen, & c . who his duty on board a private armed vessel, leaving a widow, or, a if no widow, a child or children under sixteen years of age, the Secretary of the Navy be, and he is hereby, authorized to place be P 1 ? 06 ?. on the i i i M i i M -i i T i 11 pension list. such widow, child, or children, on the pension list, and allow to such widow, child, or children, the same monthly pension as if the deceased had died by reason of wounds received in the line of his duty : provided, that all moneys paid by virtue of Proviso: themo- this act shall be paid out of the privateer pension fund, and no S o? thlpnva- other. teer fund - APPROVED, April 16, 1818. RESOLUTION directing the completion of the survey of the waters of the Chesapeake bay, and for other purposes. [Obsolete.] Resolved, fyc., That the President of the United States be, and he hereby is, requested to cause to be resumed and com- pleted the surveys heretofore commenced, preparatory to the establishment of two naval arsenals ; and that, to the naval of- be resumed and ficers employed in this service, officers of the corps of engineers co be joined, with instructions to prepare plans of the fortifications Plans of fortinca- necessary to be erected for the defence of such arsenals, with an estimate of the expense of erecting the same. And that the Pre- sident be further requested to cause such a survey of the Chesa- peake bay to be made, as may be requisite to ascertain what points are necessary to be fortified for the protection of the com- merce of said bay ; and a report of the same, with a plan of Report with the works necessary to be erected, with an estimate of the ex- plan ' &c ' pense of the same, to be made to Congress in the first week of their next session. APPROVED, April 20, 1818. AN ACT in addition to " An act to prohibit the introduction [importation] of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight," and to repeal certain parts of the same. SEC. 1. Be it enacted, fyc., That, from and after the passing of it shall not be this act, it shall not be lawful to import or bring, in any man- ner whatsoever, into the United States, or territories thereof, united ' from any foreign kingdom, place, or country, any negro, mu-from^ latto, or person of color, with intent to hold, sell, or dispose of, manner any such negro, mulatto, or person of color, as a slave, or to be ST held to service or labor: and any ship, vessel, or other water slaves. , J > TII Vessels in which craft, employed in any importation as aforesaid , shall be liable they are import- to seizure, prosecution, and forfeiture, in any district in which ed 116 1818. it may be found; one half thereof to the use of the United naif to the per- States, and the other half to the use of him or them who shall ltblg> prosecute the same to effect. NO person to SEC. 2. And be it further enacted, That no citizen or citi- S? Save^radeln zen8 f tne United States, or any other person or persons shall, the ports of the after the passing of this act, as aforesaid, for himself, themselves, United States. K .. ' or any other person or persons, whatsoever, either as master, factor, or owner, build, fit, equip, load, or otherwise prepare, any ship or vessel, in any port or place within the jurisdiction of the United States, nor cause any such ship or vessel to sail from any port or place whatsoever, within the jurisdiction of the same, for the purpose of procuring any negro, mulatto, or per- son of color, from any foreign kingdom, place, or country, to be transported to any port or place, whatsoever, to be held, sold, or otherwise disposed of, as slaves, or to be held to service or vessels equipped labor ; and if any ship or vessel shall be so built, fitted out, t?ade *forfdti e , equipped, laden, or otherwise prepared, for the purpose afore - &c> said, every such ship or vessel, her tackle, apparel, furniture, and lading, shall be forfeited, one moiety to the use of the United Half to the per- States, and the other to the use of the person or persons who son suing. shall sue for said forfeiture, and prosecute the same to effect; and such ship or vessel shall be liable to be seized, prosecuted, and condemned, in any court of the United States having com- petent jurisdiction. Persons concern- SEC. 3. And be it further enacted, That every person or vesieis**"!!? IheP ersons so building, fitting out, equipping, loading, or other- slave trade, &c. wise preparing, or sending away, or causing any of the acts o? 'nofmorethSn aforesaid to be done, with intent to employ such ship or vessel onethousanddo" m sucn trac ^ e or business, after the passing of this act, contrary to the true intent and meaning thereof, or who shall, in any wise, be aiding or abetting therein, shall, severally, on convic- tion thereof, by due course of law, forfeit and pay a sum not exceeding five thousand dollars, nor less than one thousand dollars; one moiety to the use of the United States, and the Half to the per- other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect; and shall, moreover, imprisonment, be imprisoned for a term not exceeding seven years, nor less than three years, citizens or resi- SEC. 4. And be it further enacted, That, if any citizen or dents aabie to a citizens of the United States, or other person or persons, re- fine of not more . , ... , . . ,. . ' , in/- i / than five, nor sident within the jurisdiction of the same, shall, from and after ars the passing of this act, take on board, receive, or transport, from t for P tran"- anv ^ tne coasts or kingdoms of Africa, or from any other for- ing persons eign kingdom, place, or country, or from sea, any negro, mu- vfce, h &l by 8 ti!e latto, or person of color, not being an inhabitant, nor held to " 1 " service by the laws of either of the States or territories of the c. . * . United States, in any ship, vessel, boat, or other water craft, for the purpose of holding, selling, or otherwise disposing of, such person as a slave, or to be held to service or labor, or be aiding or abetting therein, every such person or persons, so of- fending, shall, on conviction, by due course of law, severally nr forfeit and pay a sum not exceeding five thousand, nor less than 1 818. one thousand, dollars, one moiety to the use of the United Half to the pn- States, and the other to the use of the person or persons who so shall sue for such forfeiture, and prosecute the same to effect ; and, moreover, shall suffer imprisonment, for a term not ex- ceeding seven years, nor less than three years ; and every ship or vessel, boat, or other water craft, on which such negro, mu- vessel, &c. for- latto, or person of color, shall have been taken on board, re- feited ' ceived, or transported, as aforesaid, her tackle, apparel, and fur- niture, and the goods and effects which shall be found on board the same, or shall have been imported therein in the same voy- age, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for, and prosecute the same to effect; and every such ^n^sumg! 16 per ship or vessel shall be liable to be seized, prosecuted, and con- demned, in any court of the United States having competent jurisdiction. SEC. 5. And be if further enacted, That neither the im- f n la f ,3f te f porter or importers, nor any person or persons claiming from or this act, to be i .1 i 11 i u i x . x-.i . disposed of as the under him or them, shall hold any right, interest, or title what- state or territorial soever, in or to any negro, mulatto, or person of color, nor to ribe* be!* 9 the service or labor thereof, who may be imported or brought into the United States, or the territories thereof, in violation of the provisions of this act, but the same shall remain subject to any regulations, not contravening said provisions, which the Legislatures of the several States or territories may at any time heretofore have made, or hereafter may make, for disposing of any such negro, mulatto, or person of color. SEC. 6. And be it further enacted, That if any person or ^ e ^ on ne b J n ^ n8 persons whatsoever shall, from and after the passing of thisfron? y a eg iSreign act, bring within the jurisdiction of the United States, in any JJ^f^ & s c ellin ^ manner whatsoever, any ncsrro, mulatto, or person of color, such e g ro > &c - -V-"T f. when brought in, from any foreign kingdom, place, or country, or from sea, or as a slave, forfeit shall hold, sell, or otherwise dispose of, any such negro, mu- jJP^ nTflss Sail latto, or person of color, so brought in, as a slave, or to be J^J.f ^o'^nddoi- held to service or labor, or be in an}'" wise aiding or abetting ject'to imprison- therein, every person so offending, shall, on conviction thereof 1 " by due course of law, forfeit and pay for every such offence, a sum not exceeding ten thousand, nor less than one thousand, dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such naif to the per- forfeiture, and prosecute the same to effect; and, moreover, son suing> shall suffer imprisonment, for a term not exceeding seven years, nor less than three years. SEC. 7. And be it further enacted, That if any person or persons holding, persons whatsoever shall hold, purchase, sell, or otherwise dis- m f' n y S negr? pose of, any negro, mulatto, or person' of color, for a slave, or &e - brought as a i 'tt n i n slave, in any to be held to service or labor, who shall have been imported or way, from a fo- brought, in any way, from any foreign kingdom, place, or adjolniCforeign country, or from the dominions of any foreign state immediate- f"jJ*Joio & * ly adjoining to the United States, into any port or place within ] 118 1819. the jurisdiction of the United States, from and after the passing ~~ of this act, every person so offending, and every person aiding or abetting therein, shall severally forfeit and pay, for every ne- gro, mulatto, or person of color, so held, purchased, sold, or he per disposed of, one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who may sue for such forfeiture, and prosecute the same to ef- fect, and to stand committed until the said forfeiture be paid : Proviso : the for- provided, that the aforesaid forfeiture shall not extend to the teiSTo^hVsefier se ^ er or purchaser of any negro, mulatto, or person of color, or pi-rchaser of who may be sold, or disposed of, in virtue of any regulations uSder n ttfe r i'a\?fui which have been heretofore, or shall hereafter be, lawfully state la &c ns f a maa "e by any Legislature of any State or territoiy, in pursuance of this act and the Constitution of the United States. on the defendant ^ EC ' ^* ^ H ^ ^ e it further enacted, That, in all prosecu- U< tions under this act, the defendant or defendants shall be hold- en to prove that the negro, mulatto, or person of color, which he or they shall be charged with having brought into the Uni- ted States, or with purchasing, holding, selling, or otherwise disposing of, and which, according to the evidence in such case, the said defendant or defendants shall have brought in aforesaid, or otherwise disposed of, was brought into the United States at least five years previous to the commencement of such prosecution, or was not brought in, holden, purchased, or oth- infaUure of proof er wise disposed of, contrary to the provisions of this act; and in failure thereof, the said defendant or defendants shall be ad- judged guilty of the offence of which he or they may stand ac- cused. Prosecutions un- SEC. 9. And be it further enacted, That any prosecution, der this act may information, or action, may be sustained, for any offence un- be sustained at .' J . , . J any time within der this act, at any time within rive years after such onence shall have been committed, any law to the contrary notwith- standing. The first six sec- SEC. 10. And be it further enacted, That the first six sec- s n Marc* e i807| tions of tne act to wm ' cn tnis is m addition, shall be, and the repealed; pro vi- same are hereby, repealed: provided, that all offences commit- ted under the said sections of the act aforesaid, before the pass- ing of this act, shall be prosecuted and punished, and any for- feitures, which have been incurred under the same, shall be recovered and distributed, as if this act had not been passed. APPROVED, April 20, 1818. AN ACT extending the term of half-pay pensions to the widows and children of certain officers, seamen, and marines, who died in the public service. Five years' addi- J$e fa enacted, $*c., That, in all cases where provision has been made by law, for five years' half pay to the widows and , ami children of officers, seamen, and marines, who were killed in ailed battle, or died of wounds received in battle, or who died in the in battle, &c. or , who died in ser- naval service of the United States, during the late war, the said provision shall be continued for the additional term of five 119 years, to commence at the end of the first term of five years, in 1819. each case, respectively, making the provision equal to ten years' " half pay ; which shall be paid in the manner, and out of the fund, heretofore designatecl by law; and the said pensions shall &c also cease for the reasons mentioned in the said law. APPROVED, March 3, 1819. AN ACT regulating the payments to invalid pensioners. [This act has been supposed by many to refer only to Revolutionary pen- sioners ; but by opinion of the Attorney General, it has been construed as apply- ing to all invalid pensioners.] Be it enacted, list, pursuant to an act of Congress, entitled " An act to pro- vide for certain persons engaged in the land and naval service of the United States in the revolutionary war," approved the i 11 /> i/r i i /-TIT i [*So in the origi- eignteenth clay of March, in the year of our .Lord one thousand nai. itsnouidbe eight hundred and eight.* eighteen.] APPROVED, March 3, 1819. AN ACT to protect the commerce of the United States, and punish the crime of piracy. [The 1st, 3d, 3d, and 4th sections of this act, continued for the further term of two years, by act of May 15, 1820; and the same sections continued without limitation, by act of Jan. 30, 1823. The 5th section continued indefinitely, by act of May 15, 1820.] SEC. 1. Be it enacted, fyc., That the President of the United States be, and hereby is, authorized and requested to employ so pioy the public many of the public armed vessels, as, in his judgment, the ser- pSect merchant vice may require, with suitable instructions to the commanders ^ e s ls fr a o n n ^ jjj thereof, in protecting the merchant vessels of the United States, ucai aggression.- and their crews, from piratical aggressions and depredations. 120 1819. SEC. 2. And be it further enacted, That the President of President the United States be, and hereby is, authorized to instruct the man- commanders of the public armed vessels of the United States to e l is 3l to subdue, seize, take, and send into any port of the United States, take and send in- any armed vessel or boat, or any vessel or boat, the crew whereof sets? &?" which shall be armed, and which shall have attempted or committed OT coinSSeS'-pL an y piratical aggression, search, restraint, depredation, or seizure, raticai aggression upon any vessel of the United States, or of the citizens thereof, or ve C s8ei, U andto a r n e y upon any other vessel ; and also to retake any vessel of the u^ir^niiwSy United States, or its citizens, which may have been unlawfully captured. captured upon the high seas. Merchant vessels SEC. ^' And be it further enacted, That the commander of the u. s.own- and crew of any merchant vessel of the United States, owned ! wholly, or in part, by a citizen thereof, may oppose and defend nst ession," a g amst an y aggression, search, restraint, depredation, or seizure, &c. by any armed \vhich shall be attempted upon such vessel, or upon any other vessel other than , , < i i .i i / a public armed vessel owned as aforesaid, by the commander or crew of any a ; na inay ^med vessel whatsoever, hot being a public armed vessel of some capture the of- nation in amity with the United States: and may subdue and fending vessel. , J , , , J , and retake ves- capture the same ; and may also retake any vessel, owned as sehsof 3 u.s., aforegaj^ which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. vessels or boats SEC. 4. And be it further enacted, That whenever any ves- Scai A IggresSon^ sel or boat, from which any piratical aggression, search, re- a*tfempte b d een fi> or s t ram tj depredation, or seizure, shall have been first attempted ke^n^brouS" Ol ma( ^ e ' s ^ a ^ ' Je ca P ture d and brought into any port of the in e toport,may S be United States, the same shall and may be adjudged and con- the is"? the u. dcumed to their use, and that of the captors, after due process tors^c the ap " an ^ tr ^ a ^' ^ n any C0lirt having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel sale and distribu- shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at. their discretion. persons commit- SEC. 5. And be it further enacted, That if any person or S^f P ersons whatsoever shall, on the high seas, commit the crime if brought of piracy, as defined by the law of nations, and such orTender r offenders shall afterwards be brought into, or found in, the with death. United States, every such offender or offenders shall, upon con- viction thereof, before the circuit court of the United States for the district into which he or they may be brought, or in which he or they shall be found, be punished with death. limitation of this g EC . 6. And be it further enacted, That this act shall be in force until the end of the next session of Congress. APPROVED, March 3, 1819. RESOLUTION declaring the manner in which the vessels composing the navy of the United States shall be named. -Resolved, fyc., That all the ships of the navy of the United the secetaiy,un- States, now building, or hereafter to be built, shall be named f by the Secretary of the Navy, under the direction of the Presi- 121 dent of the United States, according to the following rule, to- 1819. wit : those of the first class shall be called after the States ofist class, after this Union ; those of the second class after the rivers ; and those 2d d after rivers. of the third class after the principal cities and towns ; taking care that no two vessels in the navy shall bear the same name. NO two of the same name. APPROVED, March 3, 1819. AN ACT in addition to the acts prohibiting the slave trade. SEC. 1. Be it enacted, ^c., That the President of the United The States be, and he is hereby, authorized, whenever he shall deem armed vessels of it expedient, to cause any of the armed vessels of the Unitedc'LS'of States to be employed to cruise on any of the coasts of the & c an J ot United States, or territories thereof, or of the coast of Africa, or the^ elsewhere, where he may judge attempts may be made to carry e & importation on the slave trade by citizens or residents of the United States, ofslaves - in contravention of the acts of Congress prohibiting the same, and to instruct and direct the commanders of all armed vessels vessels uniaw- of the United States, to seize, take, and bring into any port ofS y tSporta- the United States, all ships or vessels of the United States, a " J e ne s g e e e s ,| wheresoever found, which may have taken on board, or which and brought into may be intended for the purpose of taking on board, or of trans- porl porting, or may have transported, any negro, mulatto, or person of color, in violation of any of the provisions of the act,* enti- (*Approved Mar. titled " An act in addition to an act to prohibit the importation 2 ' 1807 ^ of slaves into any port or place within the jurisdiction of the United States, from and after the first day of 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 accord- ing to law : and the proceeds of all ships and vessels, their T *! e proceeds of 7 i i i / 11 rf ii offending vessels, tackle, apparei, and furniture, and the goods and effects on board &o. to be divided of them, which shall be so seized, prosecuted, and condemn- s^SVe^ca^- ed, shall be divided equally between the United States and the jJJJJ ed v ^g e e *JJ officers and. men who shall seize, take, or bring, the same into revenue cuttere. 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 distributed in like manner as is provided by law for the distribution of prizes taken from an enemy. Provided, that the officers and men, to be entitled to one-half ^ of the proceeds aforesaid, shall safe keep every negro, mulatto, keep the negroes, J , . & , ' and deliver them or person of color, found on board of any ship or vessel so to the marshal. seized, taken, or brought into port, for condemnation, and shall deliver every such negro, mulatto, or person of color, to the marshal of the district into which they are brought, if into a port of the United States, or, if elsewhere, to such person or persons as shall be lawfully appointed by the President of the United States, in the manner hereinafter directed, transmitting A descriptive list to the President of the United States, as soon as may be after *J such delivery, a descriptive list of such negroes, mulattoes, or persons of color, that he may give directions for the dis- 122 1819. posal of them. And provided, further, that the commanders proviso: officers of such commissioned vessels, do cause to be apprehended, and and crews of of- , \ . j f , , ^ r .. , fending vessels to taken into custody, every person found on board of such vessel, todyfa'nddeuver- so . seized and taken, being of the officers or crew thereof, and authority 16 dvil ^* m or tnem convey, as soon as conveniently may be, to the civil authority of the United States, to be proceeded against, in due course of law, in some of the districts thereof. The President SEC. 2. And be it further enacted, That the President of makeleguiatiois the United States be, and he is hereby, authorized to make support InTrf- SUC ^ re g u l at i ns ana " arrangements, as he may deem expedient, movai out of the for the safe-keeping, support, and removal, beyond the limits of groes, &c. e 'and the United States, of all such negroes, mulattoes, or persons of Jems balance - in the treasury, or in the Treasurer's hands, as agent of the war or navy departments, on the thirty-first December preceding : secretaries to 'es- and it shall be further the duty of the secretaries aforesaid, to {J mate the P roba : , i i i T 11-1 . 7 , ble demands, and estimate the probable demands which may remain on each balance to be de- appropriation, and the balance shall be deducted from the es- ducted< 124 1820. timates of their departments, respectively, for the service of Accounts to be the current year ; and accounts shall also be annually ren- edf S'sums^x- dered, in manner and form as aforesaid, exhibiting the pended ; balance. sums expended out of the estimates aforesaid, and the ba- lance, if any, which may remain on hand, together with such information, connected with the same, as shall be deem- unexpended mo- e d proper. And whenever any moneys, appropriated to neys in the hands the department of war, or of the navy, shall remain unex- of the treasurer , / . *' . . as agent of war pended in the hands of the Treasurer, as agent of either of ment", XV for de mo J re those departments, for more than two years after the expiration S^to^be carS ^ tne ca l en dar year in which the act of appropriation shall have to the surplus been passed, or to which it refers, it shall be the duty of the secretary of such department 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 Proviso: notrans- the surplus fund : provided, that when an act, making' an ap- fer to surplus . L . " . fund until exph-a- propnation, shall assign a longer duration for the completion of iimite^ for com 6 - its object, no transfer of any unexpended balance, to the account Potion of the ob- O f the surplus fund, shall be made, until the expiration of the time fixed in such act. [SEC. 3 relates entirely to the War Department.] 'Appropriations SEC. 4. And be if further enacted, That nothing contained onVyeanllt to be in the act of March third, one thousand eight hundred and Si?r fe brlnch a of nme J entitled "An act further to amend the several acts for the expenditure in a establishment and regulation of the treasury, war, and navy de- differentyear.un- A ,, , , 7 , 1 der act 3d March, partments," shall be so construed, as to allow any appropria- tions whatever, for the service of one year, to' be transferred to another branch of expenditure, in'a different year, nor shall any subject to be transferred, under the of the treasurer, provisions of the abovementioned act, after they shall have been subjelt'to trans- placed in the hands of the Treasurer, as agent of the war or fer under act of nn r T , 7 HprknrtmAnto 3d March, 1809. nav j departments. SEC. 5. And be it further enacted, That the abovemention- miQ 0f3dM i ar f h ' e( l act of the third of March, one thousand eight hundred and louy, amended. . in, 11 i i 111 nine, shall be, and the same is hereby, so amended, that the President shall be authorized to direct a portion of the moneys appropriated for any one of the following branches of expendi- of ex- ture in the military department, viz : for the subsistence of the tmcn't 6 , army, for forage, for the medical and hospital department, for tne ' quartermaster's department ; to be applied to any one of which other of the abovementioned branches of expenditure in SntX^appiied the same department : and that the President shall be, also, fur- to another. t j ier authorized, to direct a portion of the moneys appropriated B endituro ?n the ^ or an ^ ^ ^ ie fo^ owm g branches of expenditure in the naval navy department 6 , department, viz : for provisions, for medicine and hospital stores, for repairs of vessels, for clothing; to be applied to any of which other of the abovementioned branches of expenditure in the sidnt%e t appH f ed same department ; and that no transfers of appropriation, from to another. Qr ^ Q otner oranc hes of expenditure, shall be hereafter made. NO contracts to SEC. 0. And be it further enacted, That no contract be made by the gh^ hereafter be made by the Secretary of State, or of the sccrt tunes 01 UG- 125 treasury, or of the department of war, or of the navy, except 1820. under a law authorizing the same, or under an appropriation partments except adequate to its fulfilment; and excepting, also, contracts for the U? d a r iaw" t o? r S subsistence and clothing of the army or navy, and contracts by ^S, 1 ? a nd P ex the quartermaster's department, which may be made by the cept contracts for 1 . f i j J subsistence, clo- secretaries of those departments. thing, and quar- SEC. 7. And be it further enacted. That no land shall be P e a ""mS t r ' s de ~ purchased on account of the United States, except under a law NO land to be P ur- . . , chased for the U. authorizing such purchase. s. except under SEC. 8. And be it further enacted, That it shall be the duty SSS&'Sr'L of the Secretary of the Treasury to annex, to the annual esti- treasury to annex ,. , J . . J . i f i , ,. . to annual esti- mates of the appropriations required for the public service, a mates, a state- statement of the appropriations for the service of the year which SV may Jiave been made by former acts; and, also, a statement of J^ 6 ^* 6 the sums remaining in the treasury, or in the hands of the and of sums Treasurer, as agent of the war and navy departments, from the lh< appropriations of former years, estimating the amount of those sums which will not be required to defray expenses incurred 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. APPROVED, May 1,1820. con- AN ACT to limit the term of office of certain officers therein named, and for other purposes. SEC. 1. Be it enacted, $fc., That, from and after the pass- J incf of this act, all district attorneys, collectors of the customs, toms > nava ' ^- 5 , ~. , r i ' cers, surveyors of naval officers, and surveyors of the customs, navy agents, re- customs, navy ceivers of public moneys for lands, registers of the land offices, Spu5icm C oney? paymasters in the army, the apothecary general, the assistant re 4 islers of lan( * r J _ ill i offices, paymas- apothecaries general, and the commissary general of purchases, ters, apothecary to be appointed under the laws of the United States, shall be fa, ner appointed for the term of four years, but shall be removable JJJ) from office at pleasure. be SEC. 2. And be it further enacted, That the commission each and every of the officers named in the first section of this oSre^now f act, now in office, unless vacated by removal from office, or ^ e ' to C e / a ? e .'. in i . . Y /* 11 ii I' before 30th of otherwise, shall cease and expire in the manner following : all septembei, isw, such commissions, bearing date on or before the thirtieth day of su/ng ir 3otn te se e pt" September, one thousand eight hundred and fourteen, shall 182 - cease and expire on the day and month of their respective dates, which shall next ensue after the thirtieth day of September next; all such commissions, bearing date after the said thirtieth day of September, in the year one thousand eight hundred and if after soth sept. f i i c i.\ . i. i f r\ j. u ^i 1*1 1814 J and before fourteen, and before the first day of October, one thousand eight ist Oct. isie, at hundred and sixteen, shall cease and expire on the day and |JlJ ir """ month of their respective dates, which shall next ensue after 18 ^ 1 - the thirtieth day of September one thousand eight hundred and twenty-one. And all other such commissions shall cease and 126 1820. expire at the expiration of the term of four years from their re- All others 4 years SpeCtlVC datCS. tes> SEC. 3. And be it further enacted, That it shall be lawful au h thorized esi from for the President of the United States, and he is hereby autho- to time, torized, from time to time, as in his opinion the interest of the ms United States may require, to regulate and increase the sums f r wmcn <-he bonds required, or which may be required, by the the u. s. Jaws of the United States, to be given by the said officers, and by all other officers employed in the disbursement of the pub- lic moneys, under the direction of the war or navy departments, shall be given ; and all bonds, given in conformity with such regulations, shall be as valid and effectual, to all intents and purposes, as if given for the sums respectively mentioned in the laws requiring the same. APPROVED, May 15, 1820. AN ACT providing for the better organization of the treasury department. [" The powers and duties which are by law vested in, and required from, the agent of the treasury, transferred to, vested in, and required from, the solicitor of the treasury," by act of May 29, 1830.] An officer, to be SEC. ^' ^ e ^ enacted, fyc., That it shall be the duty of such designated by the officer of the treasury department as the President of the Uni- President, asa-, 10 i n ^ .' . i f T gent of the trea- ted States shall, from time to time, designate for that purpose, e as the agent of the treasury, to direct and superintend all or- 1 ^ 8 ' su ^ ts ? or Proceedings, in law or equity, for the recov- ery of money, chattels, lands, tenements, hereditaments, in the name, and for the use, of the United States. [SEC. 2 relates to collectors, and other officers, who receive "the public money before it is paid into the treasury."] After soth Sept. SEC. 3. And be it further enacted. That, from and after the Sed ffi to rs dl thirtieth day of September next, if any officer employed, or burse public mo- who has heretofore been employed, in the civil, military, or na- ren- val departments of the Government, to disburse the public mo- n the ne y appropriated for the service of those departments, respec- ist and 2d comp- tively , shall fail to render his accounts, or to pay over, in the troller to state J ' , . . j i i ,1 i * and certify the manner, and in the times, required by law, or the regulations of the department to which he is accountable, any sum of mo- them e t) d lie ^ rema i nm g m the hands of such officer, it shall be the duty warrant orW of the first or second comptroller of the treasury, as the case may 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 manner, and to the same extent, as if they had been de- Proviso: the a- scribed and enumerated in the said section: provided^never- baSon W onh a e P se r c thekss, that the said agent of the treasury, with the approba- 127 tion of the Secretary of the Treasury, in cases arising under this 1820. or the preceding section, may postpone, for a reasonable time, retaryofthetrea- the institution of the proceedings required by this act, where, in su his opinion, the public interest will sustain no injury by such postponement. SEC. 4. And be it further enacted, That if any person edm& refer a should consider himself aggrieved by any warrant issued under MII of complaint this act, he may prefer a bill of complaint to any district judge & c a . disl of the United States, setting forth therein the nature and extent of the injury of which he complains; and thereupon the judge aforesaid may, if, in his opinion, the case requires it, grant an injunction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires ; but no injunction shall issue, till the party applying for the same shall give bond, and sufficient security, conditioned for the perform- rit y- ance of such judgment as shall be awarded against the com- plainant, in such amount as the judge, granting the injunction, i njunction not t(> shall prescribe ; nor shall the issuing of such injunction, in any impair the uenof manner, impair the lien produced by the issuing of such war- ^ rant. And the same proceedings shall be had on such injunc- tion as in other cases, except that no answer shall be necessary on the part of the United States; and if, upon dissolving the in- Damages, if ap- . " . , . . ' . * . , plication for the junction, it shall appear to the satisfaction of the judge who injunction was shall decide .upon the same, that the application for the injunc- merel y fol tion was merely for delay, 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 interest, it shall not exceed the rate of ten per centum per annum on the principal sum. SEC. 5. And be it further enacted, That such injunctions may be granted or dissolved by such judge, either in or out of court. SEC. 6. And be it further enacted, That, if any person shall Persons ^ consider himself aggrieved by the decision of such judge, either j u dge, may apply in refusing to issue the injunction, or, if granted, on its dissolu- suprimf 6 c f ourt^ tion, it shall be competent for such person to lay a copy of the who^ may grant proceedings had before the district judge before a judge of the Supreme Court, to whom authority is hereby given, either to grant the injunction, or permit an appeal, as the case may be, if, in the opinion of such judge of the Supreme Court, the equi- ty of the case requires it ; and thereupon the same proceedings shall be had upon such injunction in the circuit court, as are prescribed in the district court, and subject to the same condi- tions, in all respects whatsoever. SEC. 7. And be it further enacted, That the attorneys of ^"^coffo the United States, for the several judicial districts of the United to instructions . ., 1 . / 11 i i from the agent of States, in the prosecution of all suits in the same, in the name the treasury, and for the benefit of the United States, shall conform to such directions and instructions, touching the same, as shall, from time to time, be given to them, respectively, by the said agent 128 1820. of the treasury. And it shall, moreover, be the duty of each of tnd ni oF' tveJ 6 ^ ie Sa ^ attomevs 5 immediately after the end of every term of term, to foward the district and circuit courts, or of any State court, in which any casS^Tcidedf 811 ^ or action may be pending, on behalf of the United States, to the^erir 1 ' 011 lmc ^ er tne direction of any district attorney, to forward to the said agent of the treasury a statement of the 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. SdSrictcourt^ SEC ' 8 ' ^nd be it further enacted, That it shall be the duty within so days' of the clerks of the district and circuit courts, within thirtv davs after term, to for- /\iv / i i " i * ward a list O f after the adjournment of each successive term of the said courts, teJSj respectively, to forward to the said agent of the treasury, a list thT'a' ^ a ^ Judgments and decrees which have been entered in the a "said courts, respectively, during such term, to which the United States are parties, showing the amount which has been so ad- judged or decreed for or against the United States, and stating 3o ar d h ay s ' 'before ' tne term to which execution thereon will be returnable. And Si's t0 to ma .he ^ snau> > m ^k:e manner, be the duty of the marshals of the sev- agent, of pro- era! judicial districts of the United States, within thirty days be- Sexe n c g uti onr nts fore the commencement of the several terms of the said courts, to make returns, to the said agent, of the proceedings which have taken place upon all writs of execution, or other process, which have been placed in his hands for the collection of the money which has been so adjudged and decreed to the United States in the said courts, respectively. Nothing in this SEC. 9. And be if further enacted. That nothing in this act act to impair any ,-11111 A i right or remedy, contained shall be construed to take away, or impair, any right r a n ws e , r fo? r the di re^ or remedy, which the United States now have, by law, for the covery of debts, recovery of taxes, debts, or demands. APPROVED, May 15, 1820. AN ACT authorizing the building of a certain number of small vessels of war. [Obsolete.] Be it enacted. &c., That the President of the United States President autho- . , , i i 11-1 i rized to cause to is hereby authorized to cause to be built, and equipped, any seis^of'warrof 1111111 ^ 61 " of small vessels of war (not exceeding five) which, in guis m eac e h tha ' n 1S hi g judgment, the public service may require; the said vessels to be of a force not more than twelve guns each, according to the discretion of the President. And, for carrying this act into $60,000 appropri effect, the sum of sixty thousand dollars is hereby appropriated, ated fo .b- to ^ p a jj oufc Q j. an y mone y j n t ne treasury not otherwise ap- propriated. APPROVED, May 15, 1820. [Under this act, the schooners Alligator, Dolphin, Grampus, Porpoise, and Shark, were built.] AN ACT to amend "An act making reservation of certain public lands for naval purposes," passed first March, one thousand eight hundred and seven- teen. power of the se- Be it enacted, 4*e., That so much of the first section of the a act of Congress, passed on the first day of March, one thousand 129 eight hundred and seventeen, entitled " An act making reser- 1820. vation of certain public lands for naval purposes," as empowers gems and survey- the Secretary of the Navy to appoint an agent or agents and or re P ealed - surveyor, be, and the same is hereby, repealed ; and the duties Duties t0 beper- and services required by said section be performed, in future, by formed ]?y "- 1 /. i i i i . i i i -A ^ veyors of public such surveyors of public lands as may be designated by the Fre- lands. sident of the United States. APPROVED, May 15, 1820. 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. SEC. 1. Be it enacted. &c., That the first, second, third, and \ s *> 2d > 3d > an <* ,, i . ,, -11,,* 4th sections of lourth sections or an act, entitled " An act to protect the com- act of 3d March, merce of the United States and punish the crime of piracy," passed on the third day of March, one thousand eight hundred and nineteen, be, and the same 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. [Continued, without limitation, by act of Jan. 30, 1823.] SEC. 2. And be it further enacted, That the fifth section of sth section of act the said act be, and the same is hereby, continued in force, Continued , l 'as to as to all crimes made punishable by the same, and heretofore commiS? tof re committed, in all respects, as fully as if the duration of the said section had been without limitation. SEC. 3. And be it further enacted, That if any person Persons shall, upon the high seas, or in any open roadstead, or in any Jfjjf haven, basin, or bay, or in any river where the sea ebbs and JJJ^^JJJ'Sj flows, commit the crime of robbery, in or upon any ship orves- high 'seas, in a T /-ii'i /* i i roadstead, &c. to sel, or upon any of the ship s company or any snip or vessel, or suffer death. the lading thereof, such person shall be adjudged to be a pirate; and being thereof convicted, before the circuit court of thfc-jjjf^j^^jjj United States for the district into which he shall be brought, or brought or found. in which he shall be found, shall suffer death. And if any , . . -, . i "^.Persons engaged person engaged in any piratical cruise or enterprise, or being of in any piratical the crew or ship's company of any piratical ship or vessel, shall cSSSg Sb- land from such ship or vessel, and, on shore, shall commit rob- J> ei y ? shore > , , ini i-ii i declared pirates, bery, such person shall be adjudged a pirate; and, on convic- and to suffer tion thereof, before the circuit court of the United States for the conviction in cir- district into which he shall be brought, or in which he shall be found, shall suffer death: provided, that nothing in this sec- ^J s : tion contained shall be construed to deprive any particular S? j State of its jurisdiction over such offences, when committed within the body of a county, or authorize the courts of the quittai. United States to try any such offenders, after conviction or ac- quittance, for the same offence, in a State court. SEC. 4. And be it further enacted. That if any citizen of Persons landing i 7r " i anv citizen or citizens of the United States, shall forcibly wlr to wiy v othef con ^ ne or detain, or aid or abet in forcibly confining or detain- snip, or landing, ing, on board such ship or vessel, any negro or mulatto not held tMVdSciwed pi- to ser vice by the laws of either of the States or territories of the i to sue- United States, with intent to make such negro or mulatto a slave, or shall, on board any such ship or vessel, offer or at- tempt to sell, as a slave, any negro or mulatto not held to ser- vice as aforesaid, or shall, on the high seas, or any where on tide water, transfer or deliver over, to any other ship or vessel, any negro or mulatto, not held to service as aforesaid, with in- tent to make such negro or mulatto a slave, or shall land, or de- liver on shore, from on board any such ship or vessel, any such negro or mulatto, with intent to make sale of, or having previ- ously sold, such negro or mulatto, as a slave, such citizen or person shall be adjudged a pirate; and, on conviction thereof, '- before the circuit court of the United States for the district brought or found, wherein he shall be brought or found, shall suffer death. APPROVED, May 15, 1820. [By act of March 3, 1823, district courts of the United States shall have cog- nizance, where no circuit courts are holden.] AN ACT to amend the act, entitled " An act to amend the act authorizing the employment of an additional naval force." aa sec. of act of Be it enacted, d^c., That the second section of the act, en- 809 ' ?o titled " An act authorizing the employment of an additional naval force," passed on the thirty-first day of January, eighteen nun( ^ re ^ an( ^ nme > b e > and the same is hereby, amended, so far as to authorize the enlistment of able seamen, ordinary seamen, and boys, during the continuance of the service or cruise for which they shall be enlisted ; not, however, to exceed the pe- riod of three years. APPROVED, May 15, 1820. 131 AN ACT to amend the act, entitled "An act for the gradual increase of the 1822. navy of the United States." SEC. 1. Be it enacted, fyc., That the first section of the act, ] StS ec. of act of entitled " An act for the gradual increase of the navy of the ^ated" 1 ' 1816> United States," approved April twenty-ninth, eighteen hundred and sixteen, shall be, and the same is hereby, repealed. SEC. 2. And be it further enacted. That, instead of the ap- $500.000 per mm. propriation therein contained, there shall be, and is hereby, ap- the "raduST'foT propriated, the sum of five hundred thousand dollars per an- j^ aseofthe na - num, for six years, from the year eighteen hundred and twenty-one, inclusive, to be applied to carry into effect the purposes of the said act. APPROVED, March 3, 1821. AN ACT for the preservation of the timber of the United States in Florida. Be it enacted, fyc., That the President of the United president States be, and hereby is, authorized to employ so much of the land and naval forces of the United States as may be necessary topreyentthedc- effectually to prevent the felling, cutting down, or other de- carrying 1 away[ struction of, the timber of the United States in Florida ; and F r "S%L d a% h n e d r also to prevent the transportation or carrying away any such authorized ' to .. , i i i y n i iii i take measures to timber as may be already felled or cut down ; and to take such preserve it. other and further measures as may be deemed advisable for the preservation of the timber of the United States in Florida. APPROVED, February 23, 1822. AN ACT further to amend the several acts relative to the treasury, war, and navy departments. SEC. 1. Be it enacted, &fc., That the second section of the 2dgec ofactof act, entitled " An act making alterations in the treasury and war 8th May, 1792, departments," passed the eighth day of May, seventeen hun- dred and ninety-two; the second' section of the act, entitled 2dgec ofact of " An act to alter and amend the several acts for the establish- i6thJu'i y , ITSS, ment and regulation of the treasury, war, and navy depart- ments," passed the sixteenth day of July, seventeen hundred and ninety-eight ; and the seventh section of the act, entitled " An act to provide for the prompt settlement of public ac- act of 3dMai-cbf counts," passed the third day of March, eighteen hundred and 1817 ' seventeen, be, and hereby are, repealed, from and after the thir- Repealed after tieth day of June, eighteen hundred and twenty-two. SEC. 2. And be it further enacted, That, on the day and O n the aoth June, year last aforesaid, all moneys which may remain in the hands l^aSLg^tiie of the Treasurer of the United States, as agent of the war and hands of the trea- navy departments, shall, under the direction of the secretaries of t those departments, respectively, be repaid into the treasury, and carried to the credit of the proper department upon the books of treasury, & c . the treasury. SEC. 3. And be it further enacted, That all moneys appro- An moneys for priated for the use of the war and navy departments shall, from the use of the war *,.,,, * 5 i e ^ and nay y depart and after the day and year last aforesaid, be drawn from thements, to be 132 1822. treasury, by warrants of the Secretary of the Treasury, upon the drawn by warrant requisitions of the secretaries of those departments, respectively, of the treasSy^ countersigned hy the second comptroller of the treasury, and of the'secretaries ie ^ sterec ^ Dv the pripper auditor. of war and navy, SEC. 4. And be it further enacted. That so much of the so'much of act said act of the third day of March, eighteen hundred and sev- aa 3 ?s^u h g nant; cnteen, as is repugnant to the foregoing provisions, be, and is &c. repeaied,&c. hereby, repealed, from and after the thirtieth day of June, eigh- teen hundred and twenty-two. APPROVED, May 7, 1822. NOTE. In the appropriation acts passed since the first session of the sev- enteenth Congress, inclusive, [1821 '22,] there is a proviso, that no money shall be paid to any person who is in arrears to the United States, until such per- son has paid into the treasury all sums for which he may be liable. The account- ing officer, on demand of the party whose pay is withheld, is to report to the agent of the treasury, who is to order suit within sixty days. By act of Jan. 25, 1828, this proviso was changed into the form of a separate law. AN ACT authorizing an additional naval force for the suppression of piracy. [Obsolete.] SEC. 1. Be it enacted, fyc., That the President of the Uni- tet ^ States ^ e 3 an d ne hereby is, authorized to purchase or con- and man them for struct a sufficient number of vessels, in addition to those now immediate ser- . . 1 . 1 vice, for repress- employed, of such burthen and construction as he may deem p"oteSg y the a c^ necessary, and to fit, equip, and man the same for immediate m Z e e r?eo a ftheu I s" serv ^ ce ) * r lne purpose of repressing piracy, and of affording in the gulf of effectual protection to the citizens and commerce of the United - States in the Gulf of Mexico, and the seas and territories adjacent. appro- SEC. 2. And be it further enacted, That the sum of one hun- to such dred and sixty thousand dollars be appropriated to meet the ex- expenditure.l ,. f . f . , penditure to be incurred as aforesaid, and paid out of any mo- ney in the treasury not otherwise appropriated. APPROVED, December 20, 1822. 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." 1st, 2d, 3d, and Be it enacted, fyc., That the first, second, third, and fourth of 3dSch,i8i9j sections of an act, entitled " An act to protect the commerce of made perpetual. ^ Umt e d States, and punish the crime of piracy," passed on the third day of March, in the year of our Lord one thousand eight hundred and nineteen, be, and the same are hereby, con- tinued 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, January 30, 1823. AN ACT concerning the disbursement of public money. SEC. 1. Be it enacted, fyc., That, from and after the passing to of this act, no advance of 'public money shall be made in any 133 case whatever; but in all cases of contracts for the performance 1823. of any service, or the delivery of articles of any description, for be"inade on con- the use of the United States, payment shall not [exeed] ex- payments not to ceed the value of the service rendered, or of the articles deliv- ered previously to such payment : provided, that it shall be lawful, under the special direction of the President of the Uni- ted States, to make such advances to the disbursing" officers of Advances may be i r i t- i i made to disburs- the Government, as may be necessary to the faithful and prompt ing officers, and discharge of their respective duties, and to the fulfilment of the jSo public engagements : and provided, also, that the President of stations. 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 dis- charge of the pay and emoluments, to which they may be enti- tled, cannot be regularly effected. SEC. 2. And be it further enacted, That every officer agent of the United States, who shall receive public money count quarter- which he is not authorized to retain, as salary, pay, or emolu- ye ment, shall render his accounts, quarter-yearly, to the proper ac- counting officers of the treasury, 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 contained shall be construed to restrain the secretaries of any of secretaries may the departments from requiring such returns from any officer or JJJ^J returns agent, subject to the control of such secretaries, as the public interest may require. SEC. 3. And be it further enacted. That every officer or J ice , rs or ag ^ nls /. -I I-T -i /-i i i i-, n* i i offending against agent of the United States, who shall offend against the provi- the preceding sions of the preceding sections, shall, by the officer charged JrompSy report- with the direction of the department to which such offending *j n ^^5^J^ officer is responsible, be promptly reported to the President ofed from the pub- ,1 TT i c i i- T \ r i IT lie service; but the United States, and dismissed from the public service : pro- may be continued mded, that in all cases where any officer, in default as afore- j^JJJ sSactS said, shall account to the satisfaction of the President forrUy- such default, he may be continued in office, any thing in the foregoing provision to the contary notwithstanding. SEC. 4. And be it further enacted, That no security given NO security given ,. . J , . . * '*~t i ii i to > or obligations to, or obligation entered into with, the Government, shall be entered into with in any wise impaired, by the dismissing any officer, or from failure of the President to dismiss any officer, coming under the provisions of this act. APPROVED, January 31, 1823. AN ACT in addition to the act, entitled " An act for the prompt settlement of public accounts," and for the punishment of the crime of perjury. SEC. 3. And be it further enacted, That if any person shall swear or affirm falsely, touching the expenditure of public mo- fer as'for or in support of any claim against the United States, he [ U 1 f ( yf c0rrupt per " 134 1823. or she shall, upon conviction thereof, suffer as for wilful and ~~ corrupt perjury. APPROVED, March 1, 1823. AN ACT respecting the punishment of piracy. District courts to > e it enacted, $*c., That, from and after the passage of this Spkacy gnizance act > ^ district courts of the United States, in districts where no- circuit courts are holden, shall have cognizance of all cases arising under an act of Congress, approved May fifteenth, one thousand eight hundred and twenty, entitled " 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, 77 and shall have the same power and jurisdiction therein, as the circuit courts of the United States, under the same act. APPROVED, March 3, 1823. RESOLUTION to direct the withholding of the compensation of certain prize agents. compensation to Resolved, $*c., That, from and after the first day of July certain^prize^a" next ensuing, no prize agent, who has not accounted for the gents. prize moneys with which he has heretofore been entrusted for the benefit of the officers and crews of any public armed vessel or vessels of the United States, shall receive from the treasury of the United States any salary or compensation to which he may be entitled, until he shall have accounted for, or repaid into the treasury, all sums so entrusted to him for disbursement. APPROVED, March 3, 1823. AN ACT further extending the term of half pay pensions to the widows and children of officers, seamen, and marines, who died in the public service. The term of half SEC. 1. Be it enacted, $*c., That in all cases where provi- SSiowrT^offu si n has Deen made by law for five years 7 half pay to the wi- thT' ^uwic^ser 1 ^ ows anc ^ children of officers, seamen, "and marines, who were vice, extended, killed in battle, or who died in the naval service of the United States, during the late war ; and, also, in all cases where provi- sion has been made for extending the term for five years, in ad- dition to the first term of five years, the said provision shall be further extended for an additional term of five years, to com- mence at the end of the second term of five years, in each case, respectively, making the provision equal to fifteen years 7 half pay ; which shall be paid out of the fund heretofore provided by law : and the said pensions shall cease, for the causes men- tioned in the laws providing the same, respectively. SEC. 2. And be it further enacted^ That, from and after the passing of this act, the act, entitled " An act to amend and ex- plain an act giving pensions to the orphans and widows of per- sons slain in the public or private armed vessels of the United 135 States," passed March the third, one thousand eight hundred 1824. and seventeen, be, and the same is hereby, repealed : provided, Act of 3d March,, however, that nothing in this act contained shall be construed p 8 r ov'i 3 o e . peale /-< f i T . i bors of Charlea- bt. Marys, in Georgia, in reference to the expediency of estab- ton, s. c. andst. lishing a navy yard at either of those places, for the build ing ^a, ry 'for m and repairing sloops of war and other vessels of an inferior purposes. class ; and, also, to cause to be made and perfected an exami- 136 1824. nation and survey of the harbor of Pensacola, and the coast of ~~ Florida, in order to ascertain the expediency of establishing a naval depot at Pensacola, or at such place in the vicinity of it, as may be most advantageous to the United States ; arid that the sum of five thousand dollars be, and the same is hereby, appropriated, for the purposes aforesaid, out of any money in the treasury not otherwise appropriated. APPROVED, May 26, 1824. AN ACT to revive and extend the term of certain pensions which have ex- pired by limitation. Pensions paid out Be it enacted, fyc., That the pensions heretofore granted, and of the privateer paid out of.the privateer pension fund, to the widows and or- pension fund, and L , ., , L ~. . -. . the terms for phans of such officers, seamen, and marines, as were slain, or SvKnS^exten- died in consequence of wounds, or casualties, received, while ded - in the line of their duty, on board the private armed ships of the United States, and the terms for the payment 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 wi- dows and orphans, with all the advantages, and in the same manner, as if their respective terms had not expired ; subject to the provisions, restrictions, and limitations of an act, passed the ninth 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 disabled, and to the widows and orphans of those who have been slain, or who have died in consequence of wdlmds, or casualties, received, while in the line of their duty, on board the private armed ships of the Uni- ted States, during the late war." APPROVED, May 26, 1824. AN ACT to authorize the building of ten sloops of war, and for other pur- [Obsolete.] SEC ' 1 - Be it enacted, fyc., That the President of the United numberof sloops States be, and he is hereby, authorized to cause to be built, in Seeding' ten. 1 ex " addition to the present naval force of the United States, a num- ber of sloops of war, not exceeding ten, to carry not less than twenty guns each, of such description and weight of metal as the President may direct ; and that the sum of five hundred thousand dollars be, and the same is hereby, appropriated, for the aforesaid purpose, out of any money in the treasury not otherwise appropriated. The whole or a SEC. 2. And be it further enacted, That the President of partof the vessels the United States be, and he is hereby, authorized to cause to purchased under, ,, ,. ,. * 1111-1 the act for sup- be sold, at such time, and in such manner, as he snail judge SnTthf whoiTofbest for the public interest, the whole, or a part, of the vessels upon u iakes e a?e 8 wn i cn were purchased under the authority of the act, entitled Ontario, & c . to be " An act authorizing an additional naval force for the suppres- 13T sion of piracy ;" also, the whole of the public vessels upon lakes 1825. Erie, Ontario, and Champlain, except the ships of the line sou, with the ex- New Orleans and Chippewa, now on the stocks, under cover, SpTof the iSl at Sackett's Harbor. SEC. 3. And be it further enacted. That the proceeds such sales shall be applied, under the direction of the President to S of the United States, to the repairs and building of sloops o f ofslo P sof war, which have been, or may be, authorized to be built. APPROVED, March 3, 1825. AN ACT authorizing the establishment of a navy yard and depot, on the coast of Florida, in the Gulf of Mexico. [Obsolete.] Be it enacted, <$*c., That the President of the United States u?s. authorized be, and he is hereby, authorized to select and purchase a site ^navyV^rd^I for a navv yard and depot, on the coast of Florida, in the Gulf depot, on the **-% i i i T i i- coast of Florida. of Mexico, and to erect such buildings, and make such im- provements thereon, as he may judge necessary for the accom- modation and supply of the United States' vessels of war in that quarter ; and that the sum of one hundred thousand dol- lars be appropriated, for effecting that object, out of any moneys in the treasury nofr otherwise appropriated. APPROVED, March 3, 1825. AN ACT more effectually to provide for the punishment of certain crimes against the United States, and for other purposes. SEC. 1. Be it enacted, fyc., That if any person or persons, Any person with- within any fort, dock yard, navy yard, arsenal, armory, or maga- zine,the site whereof is ceded to, and under the jurisdiction of, the JJJ 1 ,,^ ? W suf~ United States, or on the site of any light-house, or other needful building belonging to the United States, the site whereof is ceded to them, and under their jurisdiction, as aforesaid, shall, wilfully and maliciously, burn any dwelling house, or man- sion, house or any store, barn, stable, or other building, parcel of any dwelling or mansion house, every person, so offending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, suffer death. SEC. 2. And be it further enacted, That if any person or Any person wii- persons, in any of the places aforesaid, shall, wilfully and ma- ^ y s l^"nai?5 liciously, set fire to, or burn, any arsenal, armory, magazine, be fined and i'm- *,, , . , t - J i I prisoned. rope-walk, snip-house, warehouse, block-house, or barrack, or any store-house, barn, or stable, not parcel of a dwelling house, or any other building not mentioned in the first section of this act, or any ship or vessel, built or building, or begun to be built, or repairing, or any light-house, or beacon, or any timber, cables, rigging, or other materials for building, repairing, or fit- ting out, ships, or vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualling stores, arms, or other munitions of war, every person so offending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felo- 138 1825. ny, and shall, on conviction thereof, be punished by fine, not ~ exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. Any offence com- SEC. 3. And be it further enacted. That if any offence shall Se^forSaS'pia- be committed in any of the places aforesaid, the punishment of mentor which ^ which offence is not specially provided for by any law of the not provided for United States, such offence shall, upon a conviction in any other iawof ale court of the United States having cognizance thereof, be liable ronvlctionta'any to, and receive, the same punishment as the laws of the State Seau th with f 'ac e m wn i n sucn f rt > dock yard, navy yard, arsenal, armory, or cording to the magazine, or other place, ceded as aforesaid, is situated, pro- ate * vide for the like offence, when committed within the body of any county of such State. Murder on the SEC. 4. And be it further enacted, That if any person or S? y h a S rm S 'of r tne persons, upon the high seas, or in any arm of the sea, or in any sea, within the r i v er haven, creek, basin, or bay, within the admiralty and ma- junsdictionoftbe ..'..'. ..* . i T u.s. punishable riti me jurisdiction of the United States, and out of the jurisdic- tion of any particular State, -shall commit the crime of wilful murder, or rape, or shall, wilfully and maliciously, strike, stab, wound, poison, or shoot at, any other person, of which striking, stabbing, wounding, poisoning, or shooting, such person shall afterwards die, upon land, within or without the United' States, every person so offending, his or her counsellors, aiders, or abet- tors, shall be deemed guilty of felony, and shall, upon convic- tion thereof, suffer death. Any offence com- SEC. 5. And be it further enacted. That if any offence nutted on board , ,, , . -i i i i i any ship or ves- shall be committed on board of any ship or vessel, belonging ?cSn gl of g the to an y citizen or citizens of the United States, while lying in a port S witn e the P ort or P^ ace within the jurisdiction of any foreign state or jurisdiction of any sovereign, by any person belonging to the company of said ship, an^perS 6 ' be^ or any passenger, on any other person belonging to the compa- trb g e n fognizabie' n y ^ sa ^ sm P? or an J other passenger, the same offence shall &c. by the proper be cognizable and punishable by the proper circuit court of the court of the U. S. TT . & . ^ J , United fetates, in the same way and manner, and under the same circumstances, as if said offence had been committed on board of such ship or vessel on the high seas, and without the Proviso. jurisdiction of such foreign sovereign or state : provided, al- ways, that if such offender shall be tried for such offence, and acquitted or convicted thereof, in any competent court of such foreign state or sovereign, he shall not be subject to another trial in any court of the United States. Punishment of SEC. 6. And be it further enacted, That if any person or upon^th" Til-h P ersons ) upon the high seas, or in any arm of the sea, or in seas, shall, by any river, haven, creek, basin, or bay, within the admiralty and KeTattackTny maritime jurisdiction of the United States, and out of the juris- iJigin r g V to S the b u" diction of any particular State, shall, by surprise, or by open s. or to any cm- force or violence, maliciously attack, or set upon, any ship or zen thereof, with , , , '. , , J TT i o an intent to pi un- vessel belonging in whole or part to the United btates, or to any citizen or citizens thereof, or to any other person whatsoever, with an intent unlawfully to plunder the same ship or vessel, 139 or to despoil any owner or owners thereof of any moneys, 1S25. goods, or merchandize, laden on board thereof, every person so ~~ offending, his or her counsellors, aiders, or abettors, shall be deemed guilty of felony; and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. SEC. 7. And be if further enacted, That if any person or or any person persons, upon the high seas, or in any other of the places afore- said, with intent to kill, rob, steal, commit a rape, or to do or perpetrate any other felony, shall break or enter any ship or vessel, boat or raft; or if any person or persons shall, wilfully and maliciously, cut, spoil, or destroy, any cordage, cable, buoys, buoy-rope, headfast, or other fast, fixed to any anchor or moorings, belonging to any ship, vessel, boat, or raft ; every person so offending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding one thousand dol- lars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence. SEC. 8. And be it f Hither enacted. That if any person or or any person persons, upon the high seas, or in any of the places aforesaid, shall buy, receive, or conceal, or aid in concealing, any money, goods, bank notes, or other effects or things which may be the larceny. subject of larceny, which have been feloniously taken or stolen, from any other person, knowing the same to have been taken or stolen, every person, so offending, shall be deemed guilty of a misdemeanor, and may be prosecuted therefor, although the principal offender chargeable, or charged, with the larceny, shall not have been prosecuted or convicted thereof; and shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, and imprisonment and confinement to hard labor, not exceeding three years, according to the aggravation of the offence. SEC. 9. And be it further enacted, That if any person or or any person persons shall plunder, steal, or destroy, any money, goods, ^straf/o^de- rnerchandize, or other effects, from or belonging 1 to any ship or str V any'money, fj. i i i 11 i T 1-1 goods, &c. be- vessel, or boat, or raft, which shall be in distress, or which longin? to any shall be wrecked, lost, stranded, or cast away, upon the sea, or upon any reef, shoal, bank, or rocks, of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States ; or if any person or persons shall wilfully ob- struct the escape of any person endeavoring to save his or her life from such ship or vessel, boat or raft, or the wreck thereof, or, if any person or persons shall hold out, or show, any false light, or lights, or extinguish any true light, with intention to bring any ship or vessel, boat or raft, being or sailing upon the sea, into danger or distress, or shipwreck ; every person so of- fending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and im- 140 1825. prisonraent and confinement to hard labor, not exceeding ten ~~ years, according to the aggravation of the offence. or any master or SEC. 10. And be it further enacted, That if any master or ansSp d of ves- commander of any ship or vessel, belonging in whole, or in wL?e el o?l g P ar n t P art ? to anv cit i zen or citizens of the United States, shall, dur- to a citizen or ci- ing his being abroad, maliciously, and without justifiable tizcns of tli6 U / /v /* ii" i s. while abroad, cause, force any officer, or manner, of such ship or vessel, on any officer/Tc! shore, or leave him behind, in any foreign port or place, or re- hirn^behindinan 6 ^ use to bring nome again all such of the officers and mariners, foreign port or of such ship or vessel, whom he carried out with him, as are in a condition to return, and willing to return, when he shall be ready to proceed in his homeward voyage, every master or commander, so offending, shall, on conviction thereof, be pun- ished by fine, not exceeding five hundred dollars, or by im- prisonment, not exceeding six months, according to the aggra- vation of the offence. of any person SEC. 11. And be it further enacted, That if any person ting fu on' fire' any O1 persons shall, wilfully and maliciously, set on fire, or bum, the p u F S afloat or otnerw i se destroy, or cause to be set on fire, or burnt, or on 6 the high seas, otherwise destroyed, or aid, procure, abet, or assist in setting on seaTw?tiSa f Se fire? or burning, or otherwise destroying, any ship or vessel of SMr tile'tt war of tne United States, afloat on the high seas, or in any arm states. of the sea, or in any river, haven, creek, basin, or bay, within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular State, every person so offending shall be deemed guilty of felony, and shall, on conviction Proviso. thereof, suffer death : provided, that nothing herein contained shall be construed to take away or impair the right of any court martial to punish any offence, which, by the law of the United States, may be punishable by such court. of any officer of SEC. 12. And be it further enacted, That if any officer g^ity' of w e h xtor- of tne United States shall be guilty of extortion, under or by uon. color of his office, every person so offending, shall, on convic- tion thereof, be punished by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding one year, according to the aggravation of the offence. Forgery of letters SEC. 18. And be it further enacted, That if any person or cei a ve pension r or persons shall falsely make, forge, or counterfeit, or cause or pro- waes m ney ' r cule to ^ e feisty made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting, any paper, writing, or instrument, in imitation of, or purporting to be, any letter of attorney, or other authority or instrument to ***** receive any pension, prize money, wages, or other debt or sum of money due, or to become due, from the United States ; or shall forge or counterfeit, or cause or procure to be forged or counterfeited, or willingly aid or assist in forging or counterfeiting, the name or names of any of the holders or proprietors of any such * * * pension, prize money, wages, or other debt or sum of money as aforesaid, in or to any such pretended letter of attorney, authority, or instrument ; or shall, knowingly and fraudulently, demand, or endeavor to 141 have or obtain, such * * * pension, prize money, 1825. wages, or other debt or sum of money, or any part thereof, to ~~ be received or paid, by virtue of any such false, forged, or coun- terfeited letter of attorney, authority, or instrument; or shall, falsely and deceitfully, personate any true or real proprietor or holder of such * * ^ pension, prize money, wages, or other debt or sum of money, as aforesaid, and thereby trans- ferring, or endeavoring to transfer, * * * * or receiv- ing, or endeavoring to receive, the money of such true or law- ful holder or proprietor thereof, or the money of such person or persons, really and truly entitled to receive such * * * pen- sion, prize money, wages, or other debt, or sum of money, as aforesaid, as if such offender were the true and lawful owner thereof, and entitled thereto ; every person, so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be p punished by fine, not exceeding five thousand dollars, and by therefor. 6 * imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. SEC. 22. And be it further enacted, That if any person or or a person pei'sons, upon the high seas, or in any arm of the sea, or in any us? n hi l h da river, haven, creek, basin, or bay, within the admiralty juris- weapon a an diction of the United States, and out of the jurisdiction of any ' to kill ' &c> particular State, on board any vessel belonging in whole, or in part, to the United States, or any citizen or citizens thereof, shall, with a dangerous weapon, or with intent to kill, rob, steal, or to commit a mayhem, or rape, or to perpetrate any other felony, commit an assault, on another, such person shall, on conviction thereof, be punished by fine, not exceeding three thousand dollars, and by imprisonment and confinement to punishment, hard labor, not exceeding three years, according to the aggrava- tion of the offence. SEC. 23. And be it further enacted, That if any person or u f ilt an y. C p e n r gf persons shall, on the high seas, or within the United States, Scyf&c. 001 wilfully and corruptly conspire, combine, and confederate, with any other person or persons, such other person or persons be- ing either within or without the United States, to cast away, burn, or otherwise destroy, any ship or vessel, or to procure the same to be done, with intent to injure any person, or body po- litic, that hath underwritten, or shall thereafterwards under- write, any policy of insurance thereon, or on goods on board thereof, or with intent to injure any person, or body politic, that hath lent or advanced, or thereafter shall lend or advance, any money on such vessel, on bottomry or respondentia, or shall, within the United States, build or fit out, or aid in build- ing or fitting out, any ship or vessel, with intent that the same shall be cast away, burnt, or destroyed, for the purpose or with the design aforesaid, every person, so offending, shall, on con- viction thereof, be deemed guilty of felony, and shall be pun- ished by fine, not exceeding ten thousand dollars, and by irn- Punishment prisoatnent and confinement to hard labor, not exceeding ten years. 142 1826. SEC. 25. And be it further enacted, That all acts, and parts AH acu inconsis- of acts, inconsistent with the provisions of this act, shall be, p e e "S. th thls ' re " and the same are hereby, repealed: provided, nevertheless, Proviso. i k force for the punishment of all offences committed before the passing of this act. Nothing in this SEC. 26. And be it further enacted, That nothing in this act to be constru- . i i -, -, ' i ed so as to de- act contained shall be construed to deprive the courts of the m- o?toe 8 i?juifcd dividual States, of jurisdiction, under the laws of the several tion - States, over offences made punishable by this act. APPROVED, March 3, 1825. [The remaining sections, and parts of sections, of this act, do not refer to mili- tary crimes.] AN ACT supplementary to " An act for the gradual increase of the navy of the United States." The President to e a enacted, frc., That the President of the United States cause the build- . , 1-1 11 -IT /> / i i in? of one of the is hereby authorized to cause the building of one of the ships, S^IStft?^ authorised by the act for the gradual increase of the navy of of a t d he al nav ic to a be tne United States, to be suspended, and the timber for the same nupendedf & to to be laid up and secured. And he is hereby further authoriz- Kr ha than ne ale ed, if, in his opinion, the same can be done on advantageous th n oriS cl t a o Ssa be terms to the United States, to cause to be purchased,* for the buiit by that act. United States, a ship of not less than the smallest class autho- rized to be built by the said act ; and for carrying such purchase into effect, the amount for which the purchase may be made may be paid out of the appropriation heretofore made for the gradual increase of the navy of the United States. APPROVED, May 17, 1826. RESOLUTION directing surveys and estimates for dry docks. [Obsolete.] Resolved, 4*c., That the President of the United States The President to cause an examination and accurate survey to be made, by a nation tobe3e skilful engineer, of a site for a dry dock, at the navy yard at for a site for dry Portsmouth, New Hampshire; Charlestown, Massachusetts; naVyards C . ertain Brooklyn, New York ; and Gosport, Virginia ; and that such engineer be required to state the dimensions necessary for such docks, the advantages of each of the above named places for such establishment, the objections that apply to either, with a detailed estimate of the expense of a suitable site, and of con- structing a dock at each of said places ; and that the President be requested to communicate the same to Congress in the first, week of the next session. APPROVED, May 22, 1826. * Under the authority of this act, the frigate Hudson was purchased. 143 RESOLUTION directing the Secretary of the Navy to apply to the Govern- 1827. ment of Pennsylvania for jurisdiction over certain lands at the navy yard, Philadelphia. [Obsolete.] Resolved, fyc., That the Secretary of the Navy be request the Government of the State of Pennsylvania to cede to the u. s. certain the United States, jurisdiction over such lands as are owned by lai the United States, and improved for public purposes, at the navy yard, near Philadelphia. APPROVED, January 24, 1827. AN ACT to cede the jurisdiction of the territory occupied for a navy yard, in the county of Philadelphia, to the Government of the United States. SEC. 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That all the jurisdiction, right, title, pro- perty and interest, of this Commonwealth, over, in, and to, the territory now in possession of the Government of the United States, and occupied as a navy yard, included within the present wall around the same, situate in the district of South- wark, in the county of Philadelphia, and hounded on the east side by the river Delaware, is hereby ceded and conveyed, together with all the buildings and ap- purtenances thereunto belonging, to the Government of the United States : pro- vided always, nevertheless, That the cession hereby made shall continue in force so long as the same territory shall be used by the Government of the United States for the purposes of a navy yard, and no longer : And provided, also, That all process, civil and criminal, of the Commonwealth of Pennsylvania, shall ex- tend into, and be effectual, within the territory hereby ceded, as if this law had JOSEPH RITNER, Speaker of the House of Representatives. ALEXANDER MAHON, Speaker of the Senate. APPROVED, the 29th March, A. D. 1827. J. ANDW. SHULZE. AN ACT for the gradual improvement of the navy of the United States. SEC. 1. Be it enacted, fyc., That, for the gradual improve- f rs ment of the navy of the United States, the sum of five hundred years 6 annually?* thousand dollars per annum, for six years, is hereby appropria- ted, to be applied as in this act prescribed, and as may, hereaf- ter, be directed by law. SEC. 2. And be it further enacted, That the President of president autho- the United States be, and he is hereby, authorized to cause to SJ^S^SJSJJ be procured, ship timber, suitable for the construction of vessels timber, suitable of the various classes now recognized in the navy of the United uoVof vSiTof States; and, also, the timber proper for the construction of different classes ' steam batteries ; and to take the proper measures for having the said timber duly seasoned and preserved, so as to be fit for im- mediate use. SEC. 3. And be it further enacted. That the President of Measures to be the United States be, and he is hereby, authorized to take the pro- ^JJflLttUSk per measures to preserve the live oak timber growing on the lands timber, growing of the United States, and he is also authorized to reserve from the ufs. an sale such lands, belonging to the United States, as may be 144 1828. found to contain live oak, or other timber, in sufficient quantity ~" to render the same valuable for naval purposes. TWO dry docks. SEC. 4. And be it further enacted. That the President of the United States be, and he is hereby, authorized to cause to be constructed two dry docks, on the most approved plan, for the use of the navy of the United States, the one of said docks to be erected at some point to the south, and the other to the north, of the Potomac river. Marine railway SEC. 5. And be it further enacted, That the President of S^^fwarAcf the United States be, and he is hereby, authorized to cause the atPensacoia. necessary examinations and inquiries to be made, to ascertain the practicability and expediency of erecting a marine railway for the repair of sloops of war, and other vessels of an inferior class, atPensacoia, and, if it shall appear, from such inquiry and examination, that such railway would be useful to the navy of the United States, and can be constructed at a reasonable expense, that he cause the same to be "constructed on the most approved plan. Navy yards to he SEC. 6. And be ft further enacted, That the President of thoroughly exam- the United States be, and he is hereby, authorized to cause the navy yards of the United States to be thoroughly examined, and plans to be prepared, and sanctioned by the President, for the improvement of the same, and the preservation of the pub- lic property therein ; from which plans, no deviation shall here- after be made but by his special order. Money appropri- SEC. 7. And be it further enacted, That the money appro- fransfe^ed. 10 be priated by this act shall not be transferred to any other object be 1 submifted rts l ^ ex P encnt ' ure > nor sna ^ anv P art thereof be carried to the fund denominated the surplus fund ; and annual reports shall be sub- mitted to Congress of the expenditures under this act, and the measures taken to carry the same into effect. APPROVED, March 3, 1827. AN ACT to prevent defalcations on the part of the disbursing agents of the Government, and for other purposes. wo money appro- Be H enacted. djf*c.. That no money hereafter appropriated priated to be paid , , ., ^ i . ir , r .. to persons in ar- shall be paid to any person, for his compensation, who is in rears to the u. s. arrears to ^ u n h e cl States, until such person shall have ac- counted for, and paid into the treasury, all sums for which he Fo r be S consSd ma ^ ^ e ^ a ^ e ' P rov ^ e ^-> tnat nothing herein contained shall to extend To S- be construed to extend to balances arising solely from the de- ?rom s the depre- preciation of treasury notes received by such person, to be ex- ciation of treasu- p enc l e d in the public service ; but in all cases where the pay or ry noiGSt A iiii' i salary or any person is withheld, in pursuance of this act, it shall be the duty of the accounting officers, if demanded by the party, his agent or attorney, to report, forthwith, to the agent of the treasury department, the balance due; and it shall be the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delinquent and his sureties. APPROVED, January 25, 1828. 145 AN ACT to provide for extending the term of certain pensions, chargeable on ] 828 the navy and privateer pension fund. - SEC. 1. Beit enacted, fyc., That in all cases where provi- where provision sion has been made, by law, for the five years' half pay to the by S iaw, 6 for m haif widows and children of officers, seamen, and marines, who were P a ^ t( ? . I ^ ridowi * ,.,,,., , , T i i i f \ -r-r . -, a"*! children of killed in battle, or who died in the naval service of the United officers kmed in States during the last war ; and, also, in all cases where provi- of^eruJn pe sion has been made for extending the term for five years in ad- sumstobeexten- dition to any term of five years, the said provision shall be further extended for an additional term of five years, to com- mence at the end of the current or last expired term of five years in each case, respectively ; making the provision equal to twenty years' half pay ; which shall be paid out of the fund heretofore provided by law ; and the said pensions shall cease for the causes mentioned, in the laws providing the same, re- spectively. SEC. 2. And be it further enacted, That the pensions of all Pensions of an widows who now are, or who at any time within one year n^^Ch^may last past have been, in the receipt thereof, under the provision JJt hi Mtbeinre r of the following laws of the United States, or either of them, to ceipt thereof un- wit: an act passed March the fourth, one thousand eight hun- aSfSiowPgfawa dred and fourteen, entitled " An act giving pensions to the or- continued fUiem> phans and widows of the persons slain in the public or private armed vessels of the United States," and an act, passed April the sixteenth, one thousand eight hundred and eighteen, enti- tled " An act in addition to an act giving pensions to the or- phans arid widows of persons slain in the public or private arm- ed vessels of the United States," so far as regards persons receiving pensions from the fund arising from captures and sal- vage, made by the private armed vessels 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 additional term of five years, from and after the period of the expiration of the said pensions, respectively : provided, however, Proviso, that the said pensions shall be paid from the proceeds of the privateer pension fund alone, and without recourse to the Uni- ted States for any deficiency, should such occur, which may hereafter arise thereon : and provided, further, that no such p rov iso. pension shall be paid to any such widow after her intermarriage had, or to be had, after she shall have become such widow. APPROVED, May 23, 1828. AN ACT to increase the pay of lieutenants in the navy. [Obsolete.] Be it enacted, fyc. , That, from and after the passing of this Lieutenants to act, all lieutenants in the navy of the United States shall, in mJSh 6 a td SI addition to the pay and emoluments now allowed them by law, Jjon perday,in each receive ten dollars per month, and one ration per day. APPROVED, May 24, 1828. 10 146 1828. AN ACT for the better organization of the medical department of the navy of the United States. [The 4th and 5th sections of this act, and that part of the 3d which relates to pay, repealed by act of March 3, 1835, " to regulate the pay of the navy."] NO person to re- SEC. 1. .Be it enacted, (^c., That, from and after the passing Su ^ ^ s act ? no person shall receive the appointment of assist- u I niess ant surgeon in the navy of the United States, unless he shall naval nave been examined and approved by a board of naval sur- surgeons. geons, who shall be designated 'for that purpose by the Secre- tary of the Navy Department ; and no person shall receive the appointment of surgeon in the navy of the United States until he shall have served as an assistant surgeon at least two years, on board a public vessel of the United States, at sea, and un- less, also, he shall have been examined and approved by a board of surgeons constituted as aforesaid. President may SEC. 2. And be it further enacted, That the President of ry fleet or squad" the United States may designate and appoint, to every fleet or suigewiJtoKS squadron, an experienced and intelligent surgeon, then in the nominated, sur- naval service of the United States, to be denominated " sur- ""geon of the fleet," who shall be surgeon of the flag ship, and who, in addition to his duties as such, shall examine and ap- prove all requisitions for medical and hospital stores for the fleet, and inspect their quality ; and who shall, in difficult cases, con- sult with the surgeons of the several ships, and make records of the character and treatment of diseases, to be transmitted to the navy department; and who, in addition to the compensation allowed to surgeons at sea, shall be allowed double rations while acting as surgeon of the fleet as aforesaid. Assistant sur- SEC. 3. And be it further enacted, That assistant surgeons, geons who have wno sna u nave b een commissioned less than five years, shall been commis- i i n -i / sioned less than each receive thirty dollars a month, and two rations a day ; af- cdvITach $Ii) ter five years' service, they shall be entitled to an examination rationsada and 2 D 7 a board of naval surgeons, constituted as aforesaid, and hav- ing been approved and passed by such board, they shall each receive an addition of five dollars a month, and one ration a day; and, after ten years' service, a further addition of five dol- lars a month, and one ration a day. Every surgeon SEC. 4. And be it further enacted, That every surgeon who received a liis h ap^ shall have received his appointment, as is hereinbefore provided pointment as f or g na i} receive fifty dollars a month, and two rations a day ; herein provided > , ? , i-t i -, -, n * wantonly destroying, any live oak or red cedar tree or trees, or live oak, cedar or other timber, standing, growing, or being, on any lands of the othertimber; or United States, which, in pursuance of any law passed, or here- after to be passed, shall have been reserved or purchased for the use of the United States, for supplying or furnishing therefrom timber for the navy of the United States ; or if any person or Any person re- persons shall remove, or cause or procure to be removed, or aid, moving the same. * . , \ , . or assist, or be employed m removing, from any such lands which shall have been reserved or purchased as aforesaid, any live oak or red cedar tree or trees, or other timber, unless duly authorized so to do by order, in writing, of a competent officer, Any person cut- ant * * r tne use ^ tne navv ^ tne United States ; or if any per- ting, or, &c. son or persons shall cut, or cause or procure to be cut, or aid, or assist, or be employed in cutting, any live oak or red cedar tree or trees, or other timber on, or shall remove, or cause or procure to be removed, or aid, or assist, or be employed in re- moving, any live oak or red cedar trees, or other timber, from any other lands of the United States acquired, or hereafter to be acquired, with intent to export, dispose of, use, or employ, the same in any manner whatsoever, other than for the use of the to pay a fine triple nav y f tne United States; every such person or persons so of- the value. fending, on conviction thereof before any court having compe- tent jurisdiction, shall, for every such offence, pay a fine not less than triple the value of the tree or trees, or timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve months. vessels employ- SEC. 2. And be if further enacted. That if the master, own- er > or consignee, of any ship or vessel shall, knowingly, take on board any timber cut on lands which shall have been reserved or purchased as aforesaid, without proper authority, and for the use of the navy of the United States ; or shall take on board any live oak or red cedar timber cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the ship or vessel on board of which the same shall be taken, transported, or seized, shall, with her tackle, ap- to be forfeited; parel, and furniture, be wholly forfeited to the United States; captain to be an( ^ tne ca P ta i n or master of such ship or vessel, wherein the fined. same shall have been exported to any foreign country against the provisions of this act, shall forfeit and pay to the United States a sum not exceeding one thousand dollars. SEC. 3. And be it further enacted. That all penalties and be sue%r? owto forfeitures incurred under the provisions of this act shall be sued for, recovered, and distributed, and accounted for, under the di- rections of the Secretary of the Navy, and shall be paid over, one-half to the informer or informers, if any, or captors, where seized, and the other half to the commissioners of the navy Mitigation of pe . pension fund, for the use of the said fund; and the commis- sioners of the said fund are hereby authorized to mitigate, in whole, or in part, and on such terms and conditions as they 149 shall deem proper, and order, in writing, any fine, penalty, or 1832. forfeiture, incurred under this act. APPROVED, March 2, 1831. RESOLUTION empowering the Secretary of the Navy to settle certain con- tracts, and to relinquish certain forfeitures. Resolved, 6fc. , That the Secretary of the Navy be empow- certain contracts ered to relinquish and pay all forfeitures on contracts made by to the board of navy commissioners, when said forfeitures have arisen by the extension of the contracts, or where the con- tracts have been completed by the approbation of the board of navy commissioners, without any injury to the public service ; and the Secretary of the Navy is empowered to fulfil all out- standing 1 contracts where the time for their performance has tein , T , , , . r i ees,to be fulfilled* been extended, or where the completion of said contracts has been prevented by unavoidable accident, and the public ser- vice has sustained no injury. APPROVED, February 10, 1832. AN ACT authorizing the revision and extension of the rules and regulations of the naval service. Be it enacted, fyc., That the President of the United States Board to be con- be, and he is hereby, authorized to constitute a board of naval sti officers, to be composed of the naval commissioners and two post captains, to meet at the seat of Government, whose duty it shall be, with the aid and assistance of the Attorney General, carefully to revise and enlarge the rules and regulations gov- erning the naval service, with the view to adapt them to the present and future exigencies of this important arm of na- tional defence, which rules and regulations, when approved by him and sanctioned by Congress, shall have the force of law, and stand in lieu of all others heretofore enacted. APPROVED, May 19, 1832. RESOLUTION respecting the pay of the marines. Resolved, fyc., That the pay, subsistence, emoluments, and Payj &c> to be allowances of officers, non-commissioned officers, musicians, and privates of the United States marine corps, shall be the same as they were previously to the first of April, one thousand eight hundred and twenty- nine, and shall so continue until they shall be altered by law. APPROVED, May 25, 1832. AN ACT further to extend the pension [s] heretofore granted to the widows of persons killed, or who died in the naval service. SEC. 1. Be it enacted, fyc., That in all cases, where pro vi - Pensions nereto- sion has been made by law, for the 'five years' half pay to wi- b 150 1832. dows and children of officers, seamen, and marines, who were the widows of killed in battle, or who died in the naval service of the United for uTaddftionai States ; and, also, in all cases where provision has been made term of 5 years. for ext ending the term for five years, in addition to any term of five years, the said provision shall be, and is hereby, further ex- TO commence, tended for an additional term of five years, so far as respects &c - ' widows only, to commence, at the end of the current or last ex- pired term of five years in each case, respectively ; which pen- sion shall be paid out of the fund heretofore provided by law. And the pension herein continued shall cease for the causes shaii cease for mentioned in the laws granting the same, respectively. the causes men- o o A i j *. ^ j.r * 7 rrn i / tioned. feEC. &. And OB it furtlier enacted. That the provisions of Provisions of this tn ^ s act sna ^ be extended to the widows of all those who may act to be extend- have died by reason of wounds received during the war. APPROVED, June 28, 1832. AN ACT to authorize the President of the United States to direct transfers of appropriation in the naval service, under certain circumstances. [Renewed, without limitation, June 30, 1834.] Be it enacted, fyc., That, upon the application of the Secre- ' tary of the Navy, the President of the United States shall have authority, whenever, in his opinion, the unforeseen contingen- Transfers of ap- c j es o f the public service may require it, to direct that a part of propriations in , , - J l . -, I the nayai service the money appropriated for a particular branch of the naval ser- vice be applied to another branch of the said service ; in which Special accounts case, a special account of the moneys thus transferred, and of uan"fe e rre on a e nd tneir application, shall be laid before Congress before its ad- of their appiica- journment, if then in session, and during the first week of the tion, to be laid be- J /. i , /. , i e fore congress, next ensuing session, if such transfer be made in the recess of Congress. This act shall continue in force until the close of the next session of Congress, and no longer. APPROVED, July 3, 1832. AN ACT to finish the re-building of the frigate Macedonian. [Obsolete.] Be it enacted, fyc. , That, for the purpose of finishing the re- building of the frigate Macedonian, the sum of two hundred and $907,984 appro- seven thousand nine hundred and eighty-four dollars be, and pnated. , . , -i / i the same is hereby, appropriated, out of any money in the trea- sury not otherwise appropriated. APPROVED, July 10, 1832. AN ACT to provide for paying certain arrearages for surveys made by naval officers, and for other purposes. Commander of SEC. 3. And be it further enacted, That, from and after the wUhin yt on t a o P assa e f tms act ? tne commander of the navy yard at the city ceasV^o^ct S of Washington, shall cease to act as navy agent; and that portion of the act of the twenty-seventh of March, one thousand eight hundred and four, which made it his duty so to do, shall 151 be, and the same is hereby, repealed, and a separate and per- 1832. manent agent shall be appointed as in other cases, in the same Permanent agent manner, entitled to the same compensation, and under the same f r the responsibilities, and to be governed by the same laws and regu- ^ e d n j iavy lations which now are, or may hereafter be, adopted for other navy agents ; and it shall be his duty to act as agent not only for the navy yard in this city, but for the navy department, un- der the direction of the Secretary thereof, in the payment of such accounts and claims as the said Secretary may direct. APPROVED, July 10, 1832. AN ACT to provide for rebuilding the frigate Java and the sloop Cyane. Be it enacted, ^c., That the sum of fifty thousand five hun- ff e a f 00 dred dollars be, and the same is hereby, appropriated, payable out of any money in the treasury not otherwise appropriated, for the purpose of purchasing timber to rebuild the frigate Java and the sloop Cyane. APPROVED, July 10, 1832. AN ACT to provide iron tanks for the use of the navy of the United States. [Obsolete.] Be it enacted, fyc., That, for the purchase of iron tanks for the use of the vessels of war of the United States in commis- pS 5 appro ~ sion, the sum of one hundred and thirty-one thousand seven hundred and ninety-five dollars be, and the same is hereby, ap- propriated, out of any money in the treasury not otherwise ap- propriated. APPROVED, July 10, 1832. AN ACT authorizing the construction of naval hospitals at the navy yards at Charlestown, Massachusetts, Brooklyn, New York, and Pensacola. [Obsolete.] SEC. 1. Be it enacted, fyc., That the Secretaiy of the Navy Naval hospitals be, and he is hereby, authorized, under the direction of the Pre- toke constructed, sident of the United States, to cause to be constructed, for the use of the navy of the United States, proper hospitals at or near each of the following places, to wit : the navy yard at Charles- town, Massachusetts, the navy yard, Brooklyn, New York, and the navy yard Pensacola. SEC. 2. And be it further enacted, That there be, and here- Appropriations. by is, appropriated, for the construction of such hospital at $26,000. Charlestown aforesaid, twenty-six thousand dollars; at Brook- $20,000. lyn aforesaid, twenty thousand dollars; and at Pensacola, thirty thousand dollars ; to be paid out of any money in the treasury not otherwise appropriated. APPROVED, July 10, 1832. AN ACT to carry into effect the act to provide for a survey of the coast of the United States. SEC. 1. Be it enacted, fyc., That, for carrying into effect the 152 1832. act, entitled " An act to provide for surveying the coasts of the ~ United States," approved on the tenth day of February, one $20,000 appropri- thousand eight hundred and seven, there shall be, and hereby is, appropriated, a sum not exceeding twenty thousand dollars, ^ c t t e jd?d ved ' an to to be P aid out f an y money in the treasury not otherwise ap- coasts of Florida, propriated ; and the said act is hereby revived, and shall be deemed to provide for the survey of the coasts of Florida, in the president autho same manner as if the same, had been named therein. rizedtousemaps, SEC. 2. And be it further enacted. That the President of charts,books,&c. ^ Un j te( j s tates be, and he is hereby, authorized, in and about and to employ ^ ne execution of the said act, to use all maps, charts, books, in- exSuJion r of 1 said stmments > an ^ apparatus, which now, or hereafter may, belong act. ll to the United States, and employ all persons in the land and Proviso. naval service of the United States, and such astronomers and other persons as he shall deem proper : provided, that nothing in this act, or the act hereby revived, shall be construed to au- thorize the construction or maintenance of a permanent astro- nomical observatory. APPROVED, July 10, 1832. AN ACT for the regulation of the navy and privateer pension and navy hos- pital funds. commissioners SEC. 1. Be it enacted, fife.. That the commissioners of the accounts*!* tms- navy pension. and navy hospital funds be, and they are hereby, tees of certain directed to close all their accounts as trustees of said funds, and funds, and to pay tit /* i i t t i over balance to to pay over the balance of cash in their hands, and to assign e sec f retiuy over and transfer all the certificates of stock, and other property, the^a ment'&c r De l n g m g t sa i^ funds, and to the privateer pension fund, to upon such' as- the Treasurer of the United States, for the use of the Secretary trans?e"comm?s- of the Navy, for the payment of navy and privateer pensions, s-^d for expenditures on account of navy hospitals, et cetera; allan ^ as soon as sa ^ assignment and transfer shall be made, the said commissioners shall be, and they are hereby, released and discharged from all further trust connected with said funds, and the Secretary of the Navy be, and he is hereby, constituted the trustee. trustee of said funds ; and as such, it shall be his duty to receive Applications for applications for pensions, and to grant the same according to the terms of the acts of Congress in such case made and pro- vided, and to direct and control the expenditures out of the navy hospital fund. SEC. 2. And be it further enacted, That the balance of cash S. e b?SivSted e S now on hand, and all moneys that may hereafter arise to said bank stock of u. pension funds from stocks redeemed, or from any other source, shall be immediately invested, under the direction of the Secre- tary of the Navy, in the bank stock of the Bank of the United States ; and that the Secretary of the Treasury be, and hereby SeasuT autho- is > authorized to sell so much of the stock of the United States med to sen stock j n sa i(j bank, at the par value thereof, as said navy pension at par value, and , .,, ~ . . -.' c i receive navy pen- funds will pay for, and to receive said navy pension rundsm on funds in pay- payment fa ereo f . the said bank stock to be held in the name of the Treasurer of the United States for the purpose aforesaid. 153 SEC. 3. And be it further enacted, That the Secretary of 1832. the Navy be, and he is hereby, authorized and required to cause Books to be open- books to be opened, and regular accounts to be kept, showing Lpt" Showing the condition of the navy and privateer pension funds, the re- tn d funds. of ce '~ ceipts and expenditures thereof, the names of the pensioners, and the dates and amount of their respective pensions, with a statement of the act or acts of Congress under which the same may be granted ; and that he shall annually report to Congress an abstract, showinsr the condition of these funds in all these .. , -i i i -, -, i Abstract to be re- particulars, and the receipts and expenditures during the year; ported to con- and cause a similar account of the receipts and expenditures of s ress annuall y- the navy hospital fund to be kept and reported to Congress, annually, in like manner, and at the same time, with the re- ports upon the pension funds. SEC. 4. And be it further enacted, That the Secretaiy of the Navy shall be, and he is hereby, authorized to appoint a clerk, ^SJted? be ' ap ~ who shall perform all the duties which shall be required of him in relation to said funds ; and shall receive as a full compensa- tion for his services, and in lieu of all commissions or other allowances, a salary of one thousand six hundred dollars, to be galary 600 paid quarter-yearly, out of the treasury of the United States. SEC. 5. And be it further enacted, That all the powers con- Powers and du- ferred, and duties imposed by laws now in force, on the com- sionerere^aSSto missioners of the navy and privateer pension and navy hos- Ssl^ed tlTse- pital funds be, and they are hereby, transferred to the Secretary cretary of the of the Navy ; and all acts, and parts of acts, contrary to the na provisions of this act, be, and they are hereby, repealed. APPROVED, July 10, 1832. AN ACT for the relief of the invalid pensioners of the United States. Be it enacted, $*c., That an act, entitled " An act regulating the payments to invalid pensioners," approved the third day of March, one thousand eight hundred and nineteen, be, and the same is hereby, repealed. APPROVED, July 14, 1832. AN ACT concerning certain officers of the marine corps. Be it enacted, fyc., That the President of the United States Allowance be, and he hereby is, authorized to cause to be allowed and paid to such officers of the marine corps, as have heretofore re- marine cor P s - ceived the brevet rank of majors in said corps, the amount of pay and emoluments to which they would have been entitled as commandants of separate stations, if said brevet rank had been recognized by the navy department : provided, that no Proviso, officer shall receive, under this act, more than the difference be- tween the pay and emoluments actually received by them, and those to which their said brevet rank would have entitled them as aforesaid. APPROVED, July 14, 1832. 154 1833. AN ACT in addition to the act for the gradual improvement of the navy of the United States. SEC. 1. Be it enacted, be retained > tained until the expiration of the two first years of their enlist- ment, when each shall receive the twenty-four dollars retained pay, which shall have so accrued : provided, he shall have served honestly and faithfully that portion of the term of his first enlistment. SEC. 3. And be it further enacted. That every able bo- Bountyf o r re . en _ died musician or private soldier, who may re-enlist into his nstment. company or regiment, within two months before, or one month after, the expiration of his term of service, shall receive two months 5 extra pay, besides the pay and other allowances which may be due to him on account of the unexpired period of any enlistment. SEC. 4. And be it further enacted, That every able bodied Payofre-eniisted musician or soldier, who shall re-enlist into his company or re- men> giment, as specified in the third section of this act, shall receive his full pay, at the rate of six dollars per month, without any temporary deduction therefrom. SEC. 5. And be it further enacted, That no premium to offi- cers for enlisting recruits, nor bounties to recruits for enlisting, shall be allowed after the passage of this act. SEC. 6. And be it further enacted, That no person who has f n ^S ict to be been convicted of any criminal offence shall be enlisted into the army of the United States. SEC. 7. And be it further enacted, That the seventh sec- Jth sec^actMgr tion* of the act, entitled " An act making further provision for ed. the army of the United States," passed on the sixteenth May, one thousand eight hundred and twelve, be, and the same is hereby, repealed, so far as it applies to any enlisted soldier, who shall be convicted by a general court martial of the crime of de- sertion. APPROVED, March 2, 1833. AN ACT to authorize the President of the United States to exchange certain lands belonging to the navy yard at Brooklyn, for other lands contiguous thereto. Be it enacted, $*c., That the President of the United States be, and he is hereby, authorized to execute a conveyance to the corporation of the village of Brooklyn, in the State of New ance York, of the interest of the United States in certain lands form- ing a part of the navy yard at said village of Brooklyn, and de- * The effect of this repeal is, to restore " the infliction of corporeal punish- ment by stripes or lashes," when ordered by sentence of a court martial for the crime of desertion 156 1834. signaled in a petition from said corporation to Congress, on con- condition. dition that said corporation convey a good title to the United States of such other property contiguous to said yard, and ob- tain releases to the United States of certain parts of said yard now in controversy, so that, in his opinion, the conveyances from said corporation shall be equally beneficial to the United States as the property granted to said corporation. APPROVED, March 2, 1833. AN ACT further to extend the term of certain pensions chargeable on the pri- vateer pension fund. p._ s Be it enacted, fcc., That the pensions of all widows who i given 11 r * i i under the acts ofnow are, or have been heretofore, in the receipt thereof, under & a A?rii is, i8is' the provision of the act entitled "An act giving pensions to the for be five nt ^eSs or P^ ans an( ^ widows of persons slain in the public or private longer. armed vessels of the United States," passed the fourth day of March, one thousand eight hundred and fourteen, and the act entitled " 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," passed the sixteenth day of April, one thousand eight hundred and- eighteen, or either of said acts, so far as regards persons receiving pensions from the fund arising from captures and salvage made by the private armed vessels 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 additional term of five years from and after the period of the expiration of the said pensions, re- Proviso. spectively : provided, however, that the said pensions shall be paid from the proceeds of the privateer pension fund, and with- out recourse to the United States for any deficiency which may Further proviso, hereafter arise thereon, if any such there be: and provided, further, that no such pension shall be paid to any widow after her intermarriage had, or to be had. APPROVED, June 19, 1834. AN ACT for the better organization of the United States " marine corps." SEC. 1. Be it enacted, fyc., That, from and after the pas- sa g e of tn i s act, the marine corps shall consist of the following officers, non-commissioned officers, musicians and privates, viz. one colonel commandant, one lieutenant colonel, four majors, thirteen captains, twenty first lieutenants, twenty second lieu- tenants, one adjutant and inspector, one paymaster, one quar- termaster, one assistant quartermaster, one sergeant major, one quartermaster sergeant, one drum major, one fife major, eighty sergeants, eighty corporals, thirty drummers, thirty fifers, and one thousand privates. SEC. 2. And be it further enacted, That the said corps he shall, at all times, be subject to, and under the laws and regu- thenT ment of l a ti ns which are, or may hereafter be, established for the bet- Except when on ter government of the navy, except when detached for service service with the wkh the &rmy by Qrder of the p resi(le nt of the United States. 157 SEC. 3. And be it further enacted, That the officers, non- 1834. commissioned officers, musicians, and privates, shall take the Enlistments to be oath prescribed by law, and that all enlistments shall be for the ^S^S^A term of four years, during which period marines, so enlisted, Jj r e b m arrest for shall be, and are hereby, exempt from all personal arrest for debt or contract. SEC. 4. And be it further enacted, That the officers of Rank of officers the marine corps shall be, in relation to rank, on the same foot- as ing as officers of similar grades in the army : provided, that no proviso. officer of the marine corps shall exercise command over any navy yard or vessel of the United States. SEC. 5. And be it further enacted, That the officers of the Pay and emoiu- marine corps shall be entitled to, and receive, the same pay, m< emoluments, and allowances, as are now, or may hereafter be, allowed to officers of similar grades in the infantry of the army, except the adjutant and inspector, who shall be entitled to the same pay, emoluments and allowances, as are received by the paymaster of said corps; and the non-commissioned officers, musicians, and privates, shall be entitled to the same pay, ra- tions, clothing, and allowances, as they now receive. SEC. 6. And be it further enacted, That the staff of said staff. corps shall be taken from the captains or subalterns of the co >EC. 7. And be it further enacted, That the com missions Existing commis- of the officers now in the marine corps shall not be vacated by S1< this act, and that the President of the United States may, during the recess of the Senate, first by promotions according to rank, and then by selections, appoint the officers hereby authorized, which appointments shall be submitted to the Senate, at their next session, for their advice and consent. SEC. 8. And be it further enacted, That the President be, President to pre _ and he is hereby, authorized to prescribe such military regula- scribere g ulations tions for the discipline of the marine corps, as he may, in his judgment, deem expedient. SEC. 9. And be it further enacted, That so much of the parts of former fourth section of an act, passed the sixth day of July, in the acts re P eale(L year one thousand eight hundred and twelve, entitled " An act making further provision for the army of the United States, and for other purposes," or of any other act as authorizes the Presi- dent to confer brevet rank on such officers of the army, or of Brevet rank. the marine corps, as shall have served ten years in any one grade, shall be, arid the same hereby is, repealed ; and so much of the second section of an act passed the sixteenth of April, one thousand eight hundred and eighteen, entitled " An act regulating the pay and emoluments of brevet officers," as may Proviso> be applicable to the clause herein above repealed, shall be, and the same hereby is, also repealed: provided, nothing herein shall affect any right already acquired by ten years' expired ser- vice to brevet rank. SEC. 10. And be it further enacted, That all acts or parts AH acts inconsis- 158 1834. of acts inconsistent with the provisions of this act be, and the tent with this act same are hereby, repealed. repealed. APPROVED, June 30, 1834. The following are the acts herein referred to in the ninth section : AN ACT making further provision for the army of the United States, and for other purposes. Brevet rank may SEC. 4. And be it further enacted, That the President is hereby authorized to be conferred by confer brevet rank on such officers of the army as shall distinguish themselves by certalnTases! m & aliant actions or meritorious conduct, or who shall have served ten years in any one grade : provided, that nothing herein contained shall be so construed as to entitle officers so brevetted to any additional pay or emoluments, except when commanding separate posts, districts, or detachments, when they shall be entitled to, and receive, the same pay and emoluments to which officers of the same grades are now, or hereafter may be, allowed by law. APPROVED, July 6, 1812. Brevet officers to receive pay, &c. AN ACT regulating the pay and emoluments of brevet officers. ly when on duty SEC. 1. Be it enacted, 4-c., That the officers of the army, who have brevet with a correspon- commissions, shall be entitled to, and receive, the pay and emoluments of their B^et^ommis- Drevet rank when on duty, and having a command according to their brevet sions hereafter rank, and at no other time. only with consent SEC. 2. And be it further enacted, That no brevet commission shall hereafter be conferred but by and with the advice and consent of the Senate. APPROVED, April 16, 1818. AN ACT concerning naval pensions, and the navy pension fund. wof F^nged SEC. 1. Beit enacted, <$>*c., That all the provisions and be- for5years. nefits of the act of the twenty- eighth of June, one thousand eight hundred and thirty-two, entitled, " An act further to ex- tend the pension heretofore granted to the widows of persons killed, and who died in the naval service," be continued for another term of five years to all those widows who have here- tofore had the benefit of the same, and the same are hereby also extended to the widows of officers, seamen, and marines, who have died in the naval service since the first day of January, one thousand eight hundred and twenty-four, or who may die in said service, by reason of disease contracted, or of casualties by drowning or otherwise, or of injuries received while in the line of their duty, and the pensions of such widows shall commence from the passage of this act : provided, that every pension here- by granted shall cease on the death or marriage of such, widow, bank of coium- SEC. 2. And be it further enacted, That there.be reim- bursed be reim ^ urse( ^ to ^ e nav y pension fund, out of any money in the trea- sury not otherwise appropriated, the cost of the stock of the Bank of Columbia, heretofore purchased by the commissioners of the said fund, and which now remains unredeemed by the said bank, together with interest thereon from the period at which said bank ceased to pay interest, to the time of the re- imbursement, herein directed to be made ; and at the period of said reimbursement, the said stock shall be transferred, by the Secretary of the Navy, to the Treasurer of the United States. APPROVED, June 30, 1834. 159 AN ACT making certain allowances, and granting certain arrearages, to the cap- 1 834. tains and subalterns of the United States corps of marines. SEC. 1. Be it enacted , $*c., That, from and after the passage Act of March, of this act, the Secretary of the Navy be, and he is hereby, au- manne X corps edl thorized to extend' the benefits of the act of March, one ikon- sand eight hundred and twenty-seven, entitled " An act giving certain compensation to the captains and subalterns of the army of the United States in certain cases ,"*to the captains and sub- alterns of the corps of the United States marines under similar cases. . . SJEC. 2. And be it further enacted, That the Secretary of Arrearage of pay the Navy be, and he is hereby, authorized to cause to be settled by the proper accounting officers of the department, all arrear- ages of pay and allowances which shall be found due the said captains and subalterns of the United States corps of marines from the period at which the act of March, one thousand eight hundred and twenty-seven, above referred to, went into opera- tion, up to the passage of this act ; and that the same be paid out of any moneys in the treasury not otherwise appropriated. APPROVED, June 30, 1834. * AN ACT giving further compensation to the captains and subalterns of the army of the United States, in certain cases. SEC. 1. Beit enacted, 4r., That, from and after the passing of this act, each captain and subaltern in the army shall be allowed one additional ration. SEC. 2. And be it further enacted, That every officer in the actual command of a company in the army of the United States, shall be entitled to receive ten dollars per month additional pay, as compensation for his duties and responsibili- ties, with respect to the clothing, arms and accoutrements of the company, whilst he shall be in the actual command thereof: provided, That no subaltern officer who shall be in the performance of any staff duty, for which he receives an extra compensation, shall be entitled to the additional ration herein provided for. APPROVED, March 2, 1827. AN ACT to authorize the President of the United States to direct transfers of appropriations in the naval service, under certain circumstances. Be it enacted, fyc., That, upon the application of the Secre- tary of the Navy, the President of the United States shall have President may di- V . i i . . " , reel transfers be- authonty, whenever, in his opinion, the contingencies of the tween the close public service may require it, at any period between the close of the year, and the passage of the new naval appropriation bills, to direct, that a part of the money appropriated for a particular branch of the naval service the former year, to be applied to another branch of the said service ; in which case a special ac- Account thereof count of the moneys thus transferred, and of their application, congress? b * shall be laid before Congress previous to its adjournment. APPROVED, June 30, 1834. AN ACT authorizing the purchase of live oak frames for a frigate and sloop of war, and for other naval purposes. SEC. 1. Be it enacted, fyc., That the Secretary of the Navy S50,ooofor frames be, and he is hereby, authorized to direct the procurement, in s?oo a p f of war? d a 160 1834. the usual mode, of a live oak frame for a frigate to be called the ~~ Paul Jones, and a live oak frame for a sloop of war to be call- ed the Levant; and the sum of fifty thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated, for that purpose. $4o,oooforastore SEC> 5 And be it further enacted, That the sum of forty thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the building of a naval store ship. [Completed.] $70,000 for two SEC. 6. And be it further enacted, That the sum of seven- smaii vessels, ty thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the building of two small vessels of war, to be rigged as brigs or schooners, at the discretion of the navy department.* APPROVED, June 30, 1834. AN ACT to provide for rebuilding the frigate Congress. $i8i,ooe. Be it enacted, $Y?.,"That the sum of one hundred and eigh- ty-one thousand dollars be, and the same is hereby, appropria- ted, out of any money in the treasury not otherwise appropria- ted, to rebuild the frigate Congress ; and no part of said sum shall be carried to the surplus fund, notwithstanding any gen- eral provision in any other act to the contrary. APPROVED, June 30, 1834. AN ACT authorizing the Secretary of the Navy to make experiments for the safety of the steam engine. [Obsolete.] secretary of the SEC. 1. Be it enacted, fyc., That the Secretary of the Navy he, and he is hereby, authorized and empowered to examine an( j test tne steam engine devised by Benjamin Phillips, of Philadelphia, and to [employ] said Phillips, and such other persons as he may deem proper, to make the experiment. And to test such SEC. %' And be it further enacted, That a discretionary other improve- power be vested in the Secretary of the Navy to examine and deern S p a rope 3 r. may test such other improvements in the same line as may hereaf- ter be presented, and for that purpose to employ such person or persons as he may deem proper ; and that he report to Con- gress, as soon as may be, the result of any experiment made in pursuance of this act. $5,000 a PP ro P ri- SEC. 3. And be it further enacted, That, for the purpose of ated for that pur- carrying this act into execution, the sum of five thousand dol- lars, out of any money in the treasury not otherwise appropria- ted, be, and is hereby, appropriated, and placed at the disposal of the Secretary of the Navy. APPROVED, June 30, 1834. * Brigs Dolphin and Porpoise built under authority of this section. 161 AN ACT to regulate the pay of the navy of the United States. 1835L SEC. 1. Be it enacted, fyc., That, from and after the passage Annual pay . of this act, the annual pay of the officers of the navy of the United States shall be as follows : THE SENIOR CAPTAIN. At all times when in service, four thousand five hundred dol- lars. When on leave of absence, or waiting orders, three thousand $3,590 iive hundred dollars. when waiting orders. roris. $3,500 on other duty. $2.500 when off duty. ALL OTHER CAPTAINS. When in command of squadrons on foreign stations, four J^J thousand dollars. When on other duty, three thousand five hundred dollars. When off duty, two thousand five hundred dollars. COMMANDERS, OR MASTERS COMMANDANT. When attached to vessels for sea service, two thousand hundred dollars. When attached to navy yards, or on other duty r two thou- sand one hundred dollars. When on leave of absence, or waiting orders, one thousand $1800 when wait- eight hundred dollars. LIEUTENANTS. ing orders. Commanding, one thousand eight hundred dollars. On other duty, one thousand five hundred dollars. Waiting orders, one thousand two hundred dollars. $650 waiting or- ders. $950 at sea. $1800 when com- manding. $1500 on otficr duty. $1200 waiting or- ASSISTANT SURGEONS. Waiting orders, six hundred and fifty dollars. At sea, nine hundred and fifty dollars. After passing and found qualified for promotion to surgeon, $&>o after paw- eight hundred and fifty dollars. At sea, one thousand two hundred dollars. $ 1200 alse - When stationed at navy yards, hospitals, rendezvous, and $950 at navy receiving ships, nine hundred and fifty dollars. After being passed and stationed as above, one thousand one hundred and fifty dollars. SURGEONS. For the first five years after the date of his commission, one $1000 for firsts thousand dollars. For the second five years, one thousand two hundred dollars. f 1 y J ^ r ? r 8ecoDd For the third five years, one thousand four hundred dollars. $HOO for thirds For the fourth five years, one thousand six hundred dollars. IS' for fourth 5 After he shall have been commissioned as a surgeon twenty J*gJ if comm- years and upwards, one thousand eight hundred dollars. sioned 20 years. All surgeons of the navy under orders for duty, at navy one fourth m- yards, receiving vessels, rendezvous, or naval hospitals, s hall creascofpay &e ' have an increase of one-fourth of the foregoing amount of their respective annual pay, from the date of their acceptance of such orders. All surgeons of the navy ordered to any of the ships or ves- One l ^ rd *- Is of the United States, commissioned for sea service, shall r 11 162 1835. have an increase of one-third of the foregoing amount of their ~" respective annual pay, from the date of their acceptance of such orders. _ on half increase All surgeons of the navy, ordered as fleet surgeons, shall have an increase of one-half of their respective annual pay, from the date of their acceptance of such orders. CHAPLAINS. $1200 when at- When attached to vessels for sea service, or at navy yards. .ached to vessels, one ^^ twQ hundred dollwg> $800 when absent When on leave of absence, or waiting orders, eight hundred cleave, *c. PROFESSOR OF MATHEMATICS. $1900. When attached to vessels for sea service, or in a yard, one thousand two hundied dollars. SECRETARIES. $1000. To commanders of squadrons, when commanding in chief, one thousand dollars. To commanders of squadrons, when not commanding in 8 chief, nine hundred dollars. SAILINGM ASTERS. Of a ship of the line, for sea service, one thousand one hun- dred dollars. $1000, When on other duty, one thousand dollars. $750. When on leave of absence, or waiting orders, seven hundred and fifty dollars. SECOND MASTERS. $750. When attached to vessels for sea service, seven hundred and fifty dollars. $500* When on other duty, five hundred dollars. $4oo. When on leave of absence, or waiting orders, four hundred dollars. PASSED MIDSHIPMEN. $750 when on On duty, seven hundred and fifty dollars. $600 when wait- Waiting orders, six hundred dollars. ing orders. WARRANTED MASTERS 7 MATES. $450. When attached to vessels for sea service, or at navy yards r four hundred and fifty dollars. When on leave of absence, or waiting orders, three hundred dollars. MIDSHIPMEN. When attached to vessels for sea service, four hundred dollars. $350. When on other duty, three hundred and fifty dollars. When on leave of absence, or waiting orders, three hundred dollars. CLERKS. $900. Of a yard, nine hundred dollars. First clerk to a commandant of a navy yard, nine hundred dollars. 163 Second clerk to a commandant of a navy yard, seven him- 1 835. dred and fifty dollars. fjso. To commanders of squadrons, captains of fleets, and com- 1 500 - manders of vessels, five hundred dollars. BOATSWAINS, GUNNERS, SAILMAKERS, CARPENTERS. Of a ship of the line, for sea service, seven hundred and fifty $ m dollars. Of a frigate for sea service, six hundred dollars. ^ 500- When on other duty, five hundred dollars. $500. When on leave of absence, or waiting orders, three hundred $360. and sixty dollars. Officers temporarily performing the duties belonging to of a higher grade, shall receive the compensation allowed to duties - such higher grade, while actually so employed. No officer shall be put on furlough but at his own request, on fur ' and all officers so furloughed shall receive one-half only of the pay to which they would have been entitled if on leave of ab- sence. If any assistant surgeon shall have been absent from United States, on duty, at the time others of his date were certain examined, he shall, if not rejected at a subsequent examination, sta be entitled to the same rank with them ; and if, from any cause, his relative rank cannot be assigned to him, he will retain his original position on the register. One ration per day, only, shall be allowed to all officers when attached to vessels for sea service. SEC. 2. And be it further enacted. That no allowance shall hereafter be made to any officer, in the naval service of the United States, for drawing bills, for receiving or disbursing mo- ney, or transacting any business for the Government of the United States, nor shall he be allowed servants, or pay for ser- vants, or clothing or rations for them, or pay for the same, nor shall any allowance be made to him for rent of quarters, or to pay rent for furniture, or for lights or fuel, or transporting bag- gage. It is hereby expressly declared that the yearly allowance provided in this act is all the pay, compensation and allowance, that shall be received under any circumstances whatever, by any such officer or person, except for travelling expenses when under orders, for which ten cents per mile shall be allowed. APPROVED, March 3, 1835. AN ACT authorizing the construction of a dry dock for the naval service. Be it enacted, fyc., That the Secretary of the Navy, under ,f 100,000 towards the direction of the President of the United States, be, and he ?" IS^n the is hereby, authorized to purchase a site, should it be deemed ^ a o r f b r of New most advisable, and to cause a dry dock for the naval service to he constructed, upon the most approved plan, in the harbor of New York or its adjacent waters ; and that toward defraying the expense thereof, the sum of one hundred thousand dollars 164 1836. be, and the same is hereby, appropriated, to be paid out of any "~ money in the treasury not otherwise appropriated. APPROVED, March 3, 1835. AN ACT making appropriations for the civil and diplomatic expenses of Gov- ernment for the year 1836. - ^ EC> ^" ^ n d be it further enacted, That it shall be the duties by the EX- of the Secretaries of State, of the Treasury, of the War and me U nt?&c Depart ~Navy Departments, and of the Postmaster General, and the Secretary of the Senate, and Clerk of the House of Represen- tatives, to lay before Congress, in lieu of the statement now re- quired by law, during the first week in each annual session of Congress, a statement of the expenditures made by them re- spectively from the contingent funds of their respective depart- ments and offices ; that of the Secretary of State to include all the contingent expenses of foreign intercourse, and of all the missions abroad, except such expenditures as are settled upon the certificate of the President ; said statements to be abstracts of the accounts, with the names of all persons to whom pay- ments have been made, and the amount paid to each. APPROVED, May 9, 1836. AN ACT explanatory of the act entitled " An act to prevent defalcations on the part of disbursing agents of the Government, and for other purposes." Act of Jan. 1828, J3e it enacted, fyc., That the act entitled " An act to pre- to vent defalcations on the part of the disbursing agents of the Government, and for other purposes," approved the twenty-fifth of January, eighteen hundred and twenty -eight, shall not be construed to authorize the pension of any pensioner of the United States to be withheld. APPROVED, May 20, 1836. AN ACT to provide for the enlistment of boys for the naval service, and to ex- tend the term of the enlistment of seamen. u a ted maybe en ~ SEC ' 1 - Be if enac tedi ^., That it shall be lawful to enlist boys for the navy, with the consent of their parents or guardians, not being under thirteen nor over eighteen years of age, to serve until they shall arrive at the age of twenty- one years ; and it -other persons shall be lawful to enlist other persons for the navy, to serve for for 5 years! 1 1S e a period not exceeding five years, unless sooner discharged by direction of the President of the United States; and so much of an act entitled " An act to amend the act entitled ' An act to ?5th m May,i82oJ amen( l tne act authorizing the employment of an additional with ihLtct St re^ nava ^ force,' " approved fifteenth May, one thousand eight hun- dred and twenty, as is inconsistent with the provisions of this act, shall be, and is hereby, repealed. SEC. 2. And be it further enacted, That when the time of whose time service of any person enlisted for the navy shall expire, while 165 he is on board any of the public vessels of the United States 1837. employed on foreign service, it shall be the duty of the com- pires while on manding officer of the fleet, squadron, or vessel in which such -person may be, to send him to the United States in some public &c - or other vessel, unless his detention shall be essential to the pub- lic interests, in which case the said officer may detain him until the vessel in which he shall be serving shall return to the Uni- ted States; and it shall be the duty of said officer, immediately to make report to the navy department of such detention, and the causes thereof. SEC. 3. And be it further enacted, That such persons as may be detained after the expiration of their enlistment, under iaws,&c.ofnavy. the next preceding section of this act, shall be subject, in all respects to the laws and regulations for the government of the ., , . i TT i ci i n Those who re- navy, until their return to the United States, and all such per- enlist to receive sons as shall be so detained, and all such as shall voluntarily addlllonal pay ' re-enlist to serve until the return of the vessel in which they shall be serving, and their regular discharge therefrom in the United States, shall, while so detained, and While so serving under their re- enlistment, receive an addition of one-fourth to their former pay. APPROVED, March 2, 1837. AN ACT making appropriations for the naval service, for the year one thousand eight hundred and thirty-seven. SEC. 5. And be it further enacted, That, under the laws ^SweTtf providing for the gradual improvement of the navy, the Presi- a durable nature, dent be authorized to cause articles of a durable character to be purchased for the armament and equipment, as well as for the building of vessels. APPROVED, March 3, 1837. AN ACT to change the titles of certain officers in the navy. Be it enacted^ fyc., That, from and after the passage of this The Cities of act, all " masters commandant" in the navy shall be taken to ^anS be, and shall be called " commanders," and all " sailingmasters" eei to ^ shall be taken to be, and shall be called " masters :" but such in% & mas ! te 1 rs change of title shall not impair or in any way*affect the rank, " masters -" pay, or privileges, of any master commandant or sailingmaster now in the service ; and should they receive new commissions or warrants, they shall respectively take rank from the date of their present commissions. APPROVED, March 3, 1837. AN ACT for the more equitable administration of the navy pension fund. SEC. 1. Be it enacted, &fc., That if any officer, seaman, or Halfpay to wid . marine have died, or may hereafter die, in the naval service, o^JJccrs^stfa" leaving a widow, and, if no widow, a child or children, such men, and' ma- widow, and if no widow, such child or children, shall be end- m "Se frora C tne 166 183T. tied to receive half the monthly pay to which the deceased tirrie of death ofwould have been entitled, under the acts regulating the pay of cer,&c. t j )e nav y j | n f orce on t ] ie g rst fay. O f J anum -y 5 one thousand eight hundred and thirty-five, to commence from the time of the death of such officer, seaman, or marine ; but in case of the death or intermarriage of such widow, the half-pay shall go to the child or children of such deceased officer, seaman, or ma- rine : provided, that the half-pay granted to the child or chil- dren shall cease on their death, or on their attaining the age of twenty -one years. Pensions for SEC. 2. And be it further enacted, That the pensions which com l m d p 8 nc? from ma ^ nave ^ een g rantec ^j 1 ' which may hereafter be granted, to the time of the officers, seamen, and marines, in the naval service, disabled by SSabiedf ' ns wounds or injuries received while in the line of their duty, shall be considered to commence from the time of their being so dis- abled, and that tire amount of pension to which said officers, seamen, and marines, may be entitled, shall be regulated ac- cording to the pay of the navy as it existed on the first day of January, one thousand eight hundred and thirty-five. Acts repealed, SEC. & And be it further enacted, That all acts, and parts of acts, which may be inconsistent with the provisions of this act, be, and the same are hereby, repealed, so far as they may relate hereto. APPROVED, March 3, 1837. AN ACT to authorize the President of the United States to cause the public vessels to cruise upon the coast in the winter season, and to relieve distressed navigators. President autho- Be it enacted, fyc., That the President of the United States pubi1c t ve a 8sei8 t to ^ e > an d hereby is, authorized to cause any suitable number of cruise upon the public vessels, adapted to the purpose, to cruise upon the coast, coast in the win- i c ^ i i i- * ter for the relief in the severe portion of the season, when the public service will na ~ allow of il > and to afford such aid to distressed navigators as their circumstances and necessities may require ; and such pub- lic vessels shall go to sea prepared fully to render such assist- ance. APPROVED, December 22, 1837. AN ACT to authorize the Secretary of the Navy to purchase a tract of land belonging to the heirs of John Harris, deceased, being within the limits of the navy yard in Charlestown, Massachusetts. secretar of the SEC. 1. Be it enacted, fyc., That the Secretary of the Navy navy to purchase be, and he hereby is, authorized and required to purchase cer- uated"within the tain lands situated within the limits of the navy yard in Charles- ySd S at f chaS town > iri the Stale of Massachusetts, said land being the pro- town and belong- perty of the heirs of John Harris, late of said Charlestown. ing to the heirs of *, J , John Harris. deceased. secmar of the ^ F ' C ' 2. And be it further enacted, That the price and value navy and said of sa,id land may be fairly and justly estimated, the Secretary of three dSnterS- the Navy is hereby authorized to agree with said heirs in se- 167 lecting and choosing three disinterested, discreet, suitable men, 1839. who, after beinsr sworn, and having fully examined said land, ed, discreet, suit- i iV i i 7 / i_ a We men to ap- shall estimate and appraise the same : provided, it can be pur- praise said land chased for a reasonable sum. *!*' SEC. 3. And be it further enacted, That when the appraisal when said a J , ~ . . , i * i i praisal shall be shall be made known to the secretary aforesaid, and a good and made known to sufficient deed of the same land shall be tendered or given to the andgoodandS- United States by the said heirs, then the Secretary of the Navy f ci u nt s de h ( e g shaFi shall pay said heirs the amount of said appraisal, being the con- pay the amount sideration for the premises, out of any money in the treasury of not otherwise appropriated. APPROVED, March 3, 1839. AN ACT making appropriations for the naval service for the year one thousand eight hundred and thirty-nine. SEC. 2. And be it, further enacted, That it shall be the duty sec'y of navy un- of the Secretary of the Navy, under the direction of the Presi- p^idTtomakif dent, to make preparations for, and to commence the construe- preparations for, f .1 i /> . and to com- tion of three steam vessels of war, on such models as shall be mence, the con- rnost approved, according to the best advices they can obtain, or SSS 10 veMeia r of to complete the construction of one such vessel of war, upon a v j^ ^ c c I J[" model so approved, as in the opinion of the President shall be struc'tion of one, best for the public interest, and most conformable to the demands Hf'the president of the public service ; and that, to enable the department to carry theViSter- into effect this requirement, a part of the sum already appropri- est > & mosl con - L , f . i * , /.i i V formable to the ated for the gradual improvement of the navy, equal to the sum demands of the of three hundred and thirty thousand dollars, shall be, and is public service> hereby, directed to be subject to the disposition of the depart- ment for this object, in case that amount can be diverted from that appropriation .without a violation of existing contracts, and if that cannot be done consistently with the rights of contractors and the public interests, then so much of the said sum of three hundred and thirty thousand dollars as can be so diverted to this object, from the appropriation referred to, shall be subject to the disposition of the Secretary of the Navy for this purpose, and the residue of the said sum of three hundred and thirty thousand $330,000 appro- dollars shall be, and the same is hereby, appropriated, and shall S^to any mlii be paid out of any money in the treasury not otherwise appro- rial now on hand, priated : and the said sum of three hundred and thirty thousand XSctlon ' of dollars, to be expended in the manner in this section prescribed, gels. xSteam shall be in addition to any materials now on hand, applicable to the construction of the said steam vessels of war. APPROVED, March 3, 1839. AN ACT giving to the President of the United States additional powers for the defence of the United States, in certain cases, against invasion, and for other purposes. [Obsolete.] SEC. 1. Be it enacted, frc., That the President of the United President iiii- i-T rized to resist any States be, and he hereby is, authorized to ,resist any attempt attempt of Great on the part of Great Britain to enforce, by arms, her claim to 168 184D. exclusive jurisdiction over that part of the State of Maine which SSwer^hodi/" * s * n Dispute between the United States and Great Britain ; and v i?ed territqo-. 13 " for that purpose, to employ ihe naval and military forces of the SrVo^es/anii United States, and such portions of the militia as he may deem mii't'> placed at it advisable to call into service. in the'event of SEC. 4. And be it further enacted, That, in the event of 16 pro- either of the contingencies provided for in this act, [an attempt on tniB P art of Great Britain to enforce her claim ; or, actual in- vasion of the territory of the United States,] the President of is the United States shall be authorized to complete the public by tew"&c iized arme( l vessels now authorized by law, and to equip, man, and employ, in actual service, all the naval force of the United States, and to build, purchase, or charter, arm, equip, and man, such vessels and steamboats on the northern: lakes and rivers, whose waters communicate with the United States and Great Britain, as he shall deem necessary to protect the United States from in- vasion from that quarter. This act to con- SEC. 9. And be it further enacted, That the several pro- * eo ^ay^after visions of this act shall be in force until the end of sixty days next a ^ er tne meeting of the first session of the next Congress, and no longer. APPROVED, March 3, 1839. AN ACT to continue the office of commissioner of pensions, and to transfer the- pension business, heretofore transacted in the navy department, to that office. The office of SEC. 1. Be it enacted, fyc., That the office of commissioner p?n"ScTntin- of pensions shall be, and the same is hereby, continued until Ma d rc" n i843 th of tne fourth day of March, eighteen hundred and forty-three. SEC. 2. And be it further enacted, That a commissioner of *> b^ppoiut^df pensions shall be appointed by the President of the United Hisduties States, by and with the advice and consent of the Senate ; and that he shall execute, under the direction of the Secretary of War and the Secretary of the Navy, such duties in relation to the various pension laws as may be prescribed by the President. SEC. 3. And be it' further enacted, That the said commis- And salary. . in 11 * 1^1 Franking prhi- sioner shall receive an annual salary 01 two thousand nve nun- egescxten to . - Collars, an j sna i| } lave t [ ie privilege of sending and receiv ing letters and packets by mail free of postage. The pension bu- ^ EC * ^' ^nd be it further enacted, That the pension business, sines* transacted heretofore transacted in the navy department, shall be traiisfer- parfmeiu av Lans- red to the office of the commissioner of pensions, and that the fic r e e of t0 commi c l er ^ now employed in that business be also transferred to that sioner pensions, office. APPROVED, March 4, 1840. AN ACT making provision for the payment of pensions to the executors or ad- ministrators of deceased pensioners in certain cases. in-case of a pon- SEC. 1. Be it enacted, <$., That in case any male pensioner Jhudren but^nf sna ^ ( ^ e ? leaving children, but no widow, the amount of pen- widow. s ion due to such pensioner at the time of his death shall be paid 169 .to the executor or administrator on the estate of such pensioner, 1840. for the sole and exclusive benefit of the children, to be by him ~~ distributed among them in equal shares, and the same shall not be considered as a part of the assets of said estate, nor liable to be applied to the payment of the debts of said estate in any case whatever. SEC. 2. And be it further enacted, That in case any pen- Jj sioner who is a widow shall die, leaving children, the amount of widow leaving pension due at the time of her death shall be paid to the execu- tor or administrator for the benefit of her children, as directed in the foregoing section. SEC. 3. And be it further enacted, That in case of the death ^,J a ^ r of , of any pensioner, whether male or female, leaving children, the ing children. amount of pension may be paid to any one or each of them, as they may prefer, without the intervention of an administrator. APPROVED, June 19, 1840. AN ACT making appropriations for the naval service for the year one thousand eight hundred and forty. SEC. 3. And be it further enacted. That all appropriations, AH . y f '. . .' tions for buil and all remaining balances of appropriations, heretofore made purchasing, for building, rebuilding, replacing, purchasing, or repairing ves- SfgvefseisforuJe sels of war, or other vessels, for the use of the navy, or for the use of the navv purchase of timber, ordnance, or any other articles for building, hereby "Sansfer- anning, equipping, or repairing vessels of the navy, or for the ^appropriation*! repairs of vessels in ordinary, and repair, wear and tear of ves- JJ^ e e *P end ed, sels in commission, together with any materials which have been, or may be, collected under any of the said appropriations, be, and the same are hereby, transferred to one head of appropria- tion, to be called " the appropriation for the increase, repair, armament, and equipment of the navy, and wear and tear of vessels in commission ;" and the amount of said appropriation, and of such other as may be made hereafter for like purposes, and the materials which have been, or may be hereafter collect- ed for the same, may be expended and used by the Secretary of the Navy, in building, replacing, arming, repairing, equip- ping, and employing any vessels which Congress may have authorized, or may hereafter authorize, to be built, rebuilt, pur- chased, or replaced, in such manner as the interests or necessi- ties of the service may require. SEC. 4. And be it further enacted, That it shall be the duty statements to be of the Secretary of the Navy to cause to be laid before Congress, SfamSuSexf annually, as soon after the beginninsr of each year as practica- pended the P re- , -, - , -IT ceding fiscal year. ble, a statement of the amounts expended during the preceding for wages of me- fiscal year for wages of mechanics and laborers employed in building, repairing, or equipping, vessels of the navy, or in re- p" ceiving and securing stores and materials for those purposes; and ping "vessels of for the purchase of materials and stores for the same purposes ; a th< statement of the cost or estimated value of the stores on hand, under this appropriation, in the navy yards at the commence- iro 1840. ment of the next preceding fiscal year; the cost or estimated ~~ \ T alue of articles received and expended during the year ; and the cost, or estimated value, of the articles belonging to this appro- priation which may be on hand in the navy yards at the close of the next preceding fiscal year. SEC. 5. And be if further enacted, That whenever, in the Provisions mate pi mon ^ tne Secretary of the Navy, it shall be conducive to rials, & c . 'when the public interest to use any article of provisions, materials, or publc cive inter?st other stores, for a different appropriation from that under which m *y be " sed for they may have been purchased for the naval service, it shall be a different appro- i i f \ priation from that lawful for him to authorize such use, and it shall be his duty to were r purchased. y certify to the Secretary of the Treasury the value or cost of the articles thus used ; and the Secretary of the Treasury is hereby authorized and required to cause the proper officers of the trea- sury to transfer the amount of such cost or value upon the books of the treasury, *from the appropriation for which the articles may have been used, to the appropriation from which they may have been or may be taken, so that the actual expenditure un- der each may be accurately shown. SEC. 7. And be it further enacted, That there be appropri- ated, from any money in the treasury not otherwise appropri- Survey of the ated, for the immediate survey of the coast from Apalachicola coast from Apa- , /> i - bay, to bay, to the mouth of the Mississippi river, for the ascertainment the Mississippi. o t j ie p rac tj ca |)j}ity o f establishing a navy yard and naval sta- tion which shall best subserve the protection of the commerce of the Gulf of Mexico, the sum of ten thousand dollars, to be expen- ded under the direction of the commissioners of the navy board, Transfers from SEC. 8. And be it further enacted. That whenever the Pre- pr l o e P r3ont f oaS-sident of the United States shall have authorized the transfer of paMVretmnt an y mone y s n " om an y nea d of the naval appropriations to other fers on the books heads of naval appropriations, as authorized by the act of Con- gress, approved thirtieth June, eighteen hundred and thirty-four, it shall be the duty of the Secretary of the Treasury, immedi- ately after the naval appropriations for the year shall have been made, to cause all such transfers to be repaid, by re-transfers on the books of the treasury, so as to preserve for each appropria- tion the amount which were granted by Congress. APPROVED, July 20, 1840. [By inadvertence, the following law was omitted in its proper place.] AN ACT concerning public contracts. SEC. 1. Be it enacted, frc. , That, from and after the passage No member of , ' ,. * P Congress to have of this act, no member of Congress shall, directly or indirectly, iract, P u b ruier C the himself, of by any other person whatsoever, in trust for him, or authority of the f or n js use i or benefit, or on his account, undertake, execute, hold or enjoy, in the whole or in part, any contract or agree- ment hereafter to be made or entered into with any officer of the United States, in their behalf, or with any person authorized to make contracts on the part of the United States ; and if any member of Congress shall, directly or indirectly, himself, or by any other person whatsoever, in trust for him, or for his use or 1T1 benefit, or on his account, enter into, accept of, agree for, under- 1808. take, or execute, any such contract or agreement, in the whole, Penalty. or in part, every member so offending, shall, for every such of- fence, upon conviction thereof, before any court of the United States, or of the territories thereof, having cognizance of such offence, be adjudged guilty of a high misdemeanor, and shall be fined three thousand dollars ; and every such contract or agree- Fine $3,000. ment as aforesaid shall, moreover, be absolutely void and of no ef- fect : provided, nevertheless, that in all cases where any sum or Proviso - sums of money shall have been advanced on the part of the Uni- ted States, in consideration of any such contract or agreement, the Money advanced same shall be forthwith repaid ; and in case of refusal or delay to be repaid. to repay the same, when demanded, by the proper officer of the " J i A Persons refusing, department under whose authority such contract or agreement with suretiea, to shall have been made or entered into, every person so refusing be P rosecuted - or delaying, together with his surety or sureties, shall be forth- with prosecuted at law for the recovery of any such sum or sums of money advanced as aforesaid. SEC. 2. And be it further enacted, That nothing herein P j t "%f t *a contained shall extend, or be construed to extend, to any to incorporated contract or agreement, made or entered into, or accepted, by any incorporated company, where such contract or agreement JSSu shall be made for the general benefit of such incorporation orgreas. company ; nor to the purchase or sale of bills of exchange or other property by any member of Congress, where the same shall be ready for delivery, and for which payment shall be made at the time of making or entering into the contract or agreement. SEC. 3. And be it further enacted, That in every such con- tract or agreement to be made, or entered into, or accepted ascepted by parti- aforesaid, there shall be inserted an express condition that no from partSpa- meraber of Congress shall be admitted to any share or part of JjJJ^Ji. publie such contract or agreement, or to any benefit to arise thereupon. Penalticg SEC. 4. And be it further enacted, That if any officer of officers 03 making the United States, on behalf of the United States, shall directly SSS C meS2Sr or indirectly make or enter into any contract, bargain, or agree- congress. ment, in writing or otherwise, other than such as are herein ex- cepted, with any member of Congress, such officer so offending, on conviction thereof before any court having jurisdiction there- of, shall be deemed and taken to be guilty of a high misde- Fine $3,000. meaner, and be fined in a sum of three thousand dollars. ^^ SEC. 5. And be it further enacted, That, from and after the treaSryf &c. to passing of this act, it shall be the duty of the Secretary of the** to ai Si Treasury, Secretary of War, Secretary of the Navy, and the statements of - % 11 i i. * ^s contracts made Postmaster General, annually to lay before Congress, a state- by their depart- ment of all the contracts which have been made in their respec- mcnta * tive departments, during the year preceding such report, exhib- iting in such statement the name of the contractor, the article or thing contracted for, the place where the article was to be de- livered, or the thing performed, the sum to be paid for its per- formance or delivery, the date and duration of the contract. APPROVED, April 21, 1808. 172 1802. RESOLUTIONS AND SPECIAL ACTS. RESOLUTION requesting the President to present a gold medal to Captain Thomas Truxtun ; and respecting the conduct of Midshipman James Jarvis. to ^solved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President of the United States be requested to present to Captain Thomas Truxtun, 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 testimony of the high sense entertained by Congress of his gallantry and good conduct in the above en- gagement, wherein an example was exhibited by the captain, officers, sailors, and marines, honorable to the American name, and instructive to its rising navy. Praise of James And be it further resolved, That the conduct of James Jar- v ' s > a ni idshipmaii in said frigate, who gloriously preferred cer- tain death to an abandonment of his post, is deserving of the highest praise, and that the loss of so promising an officer is a subject of national regret. APPROVED, March 29, 1800. RESOLUTION expressing the sense of Congress on the gallant conduct of Lieutenant Sterett, the officers and crew of the United States' schooner Enter- prise. conduct Resolved, fyc., That they entertain a high sense of the gal- Stc. iei u 'lant conduct of Lieutenant Sterett, and the other officers, sea- men, and marines, on board the schooner Enterprise, in the capture of a Tripolitan corsair of fourteen guns and eighty men. A sword to Lieut. Resolved, That the President of the United States be request- sterett. ec | t o present to Lieutenant Sterett a sword, commemorative of Extra pay to other , officers and men. the aforesaid heroic action; and that one month's pay be al- lowed to all the other officers, seamen, and marines, who were on board the Enterprise when the aforesaid action took place. APPROVED, February 3, 1802. AN ACT for the relief of the widows and orphans of certain persons who have died in the naval service of the United States. Pour months pay Be it enacted, $*c., That the widows, if any such there be, o'wTlmi children and in case there be no widow, the child or children of the offi- of officers, & c . cers, seamen, and marines, who were in the service of the Urii- loatm the Insur- _., J_ ',, . i T i' T-- i gent and Picker- ted States, and lost in the ship Insurgent and bngantme Pick- ering, shall be entitled to, and receive out of any money in the 173 treasury not otherwise appropriated, a sum equal to four months' 1804. pay of their respective husbands or fathers, as aforesaid. APPROVED, April 29, 1 802. AN ACT for the relief of the captors of the Moorish armed ships Meshouda arid Mirboha. SEC. 1. Bv it enacted, fyc., That the sum of eight thousand $8,594 so appro- five hundred and ninety- four dollars and fifty cents, being one moietv of the value of the armed ship Meshouda, captured by captors of the .< . T i T- T Meshouda; and the frigate John Adams, commanded by Captain John Rod- $738 25 for de- gers, and restored to the emperor of Morocco, be, and the same JJSSef wSfst the is hereby, appropriated for defraying the expense of prize mo- ney due to the captors ; and that the further sum of seven hun- the captors, dred and thirty-eight dollars and twenty-five cents be, and the same hereby is, appropriated for defraying the expenses incur- red for the said ship, whilst in possession of the captors. SEC. 2. And be it further enacted. That the further sum of $5,000 five thousand dollars be, and the same hereby is, appropriated, S for defraying the expense of prize money due to the officers ha: and crew of the frigate Philadelphia, commanded by Captain William Bainbridge, being one moiety of the value of the arrn- d ship Mirboha, captured by the aforesaid frigate Philadelphia, and likewise restored to the emperor of Morocco. SEC. 3. And be it further enacted. That the aforesaid sev- TO be divided eral sums shall be divided amongst the captors, respectively, in tor "^according to the proportion already established by law, for the distribution of Sstr prize money, and shall be paid out of any moneys in the trea- money. sury not otherwise appropriated. APPROVED, March 19, 1804. RESOLUTION expressive of the sense of Congress of the gallant conduct of Captain Stephen Decatur, the officers and crew, of the United States' ketch Intrepid, in attacking, in the harbor of Tripoli, and destroying, a Tripolitan fri- gate of forty -four guns. Resolved, $*c. 9 That the President of the United States be A sword to capt. requested to present, in the name of Congress, to Captain Ste- JJo' 1 pay to phen Decatur, a sword, and to each of the officers and crew of j^r officers and the United States' ketch Intrepid, two months' pay, as a testi- mony of the high sense entertained by Congress of the gallan- try, good conduct, and services of Captain Decatur, the officers and crew, of the said ketch, in attacking, in the harbor of Tri- poli, and destroying, a Tripolitan frigate of forty- four guns. APPROVED, November 27, 1804. RESOLUTIONS expressive of the sense of Congress of the gallant conduct of Commodore Edward Preble, the officers, seamen, and marines of his squad- ron. Resolved, $*c., That the thanks of Congress be, and the same Thanks are hereby, presented to Commodore Edward Preble, and through him to the officers, seamen, 'and marines, attached to 1T4 1808 the squadron under his command, for their gallantry and good "conduct displayed in the several attacks on the town, batteries, and naval force of Tripoli, in the year 1804. A gold medai to Resolved, That the President of the United States be re- qu,ested to cause a gold medal to be struck, emblematical of the attacks on the town, "batteries, and naval force of Tripoli, by the squadron under Commodore Treble's command, and to present it to Commodore Preble in such manner as, in his opinion, ffic dt " will be most honorable to him : and that the President be fur- ther requested to cause a sword to be presented to each of the commissioned officers and midshipmen who have distinguished themselves in the several attacks. A months' pay to -Resolved, That one months' pay be allowed, exclusively of petty officers and the common allowance, to all the petty officers, seamen, and marines, of the squadron, who so gloriously supported the honor of the American flag, under the orders of their gallant com- mander, in the several attacks. Deep regret of Resolved, That the President of the United States be also iX> r f cajtf a requested to communicate to the parents, or other near relatives, mere and others. o f Captain Richard Somers, Lieutenants Henry Wadsworth, James Decatur, James R. Caldwell, Joseph Israel, and Mid- shipman John Sword Dorsey, 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, March 3, 1805. RESOLUTION respecting N. C. Nissen, Danish consul at Tripoli. Resolved, 4* c *> That the President of the United States be requested to cause to be made known to Nicholas C. Nissen, esquire, his Danish majesty's consul residing at Tripoli, the high sense entertained by Congress of his disinterested and be- nevolent attentions manifested to Captain Bainbridge, his offi- cers, and crew, during the time of their captivity in Tripoli. APPROVED, April 10> 1806. AN ACT remitting the duties payable on the importation of a monument to be erected in memory of the officers of the United States navy, who fell during the attack made on the city of Tripoli, in the year one thousand eight hun- dred and four. Be it enacted, fyc., That the duties payable, according to law, on the importation of a monument imported in the frigate Con- stitution from Italy, on account of the officers of the United States navy, be, and they are hereby, remitted. APPROVED, March 13, 1808. 175 % RESOLUTIONS relative to the brilliant achievements of Captains Hull, Decatur, 1813. Jones, and Lieutenant Elliott. Resolved, $'c., That the President of the United States be, A a g f m and Captain Jones, of the sloop of war Wasp, each, a gold medal, with suitable emblems and devices ; and a silver medal, A sliver medal to with like emblems and devices, to each commissioned officer of the aforesaid vessels, in testimony of the high sense entertained by Congress of the gallantry, good conduct, and services, of the captains, officers, and crews, of the aforesaid vessels, in their re- spective conflicts with the British frigates the Guerriere and the Macedonian, and sloop of war Frolic ; and the President is also A silver medal t , f ., i i i i-i 11 11 tne nearest male requested to present a silver medal, with like emblems and de- relative of Lieu- vices, to the nearest male relative of Lieutenant Bush, and one gnts Bush and to the nearest male relative of Lieutenant Punk, in testimony of the gallantry and merit of those deceased officers, in whom their country has sustained a loss much to be regretted. SEC. 2. And be it further resolved, That the President the United States be, and he hereby is, requested to present to Lieutenant Elliott, of the navy of the United States, an elegant sword, with suitable emblems and devices, in testimony of the just sense entertained by Congress of his gallantry and good conduct in boarding and capturing the British brigs Detroit and Caledonia, while anchored under the protection of Fort Erie. APPROVED, January 29, 1813. RESOLUTION requesting the President of the United States to present medals to Captain William Bainbridge, and the officers of the frigate Constitution. Resolved, fyc., That the President of the United States be, A gold medal to- and he is hereby, requested to present to Captain William Bain- Captt Bambrid g e * bridge, of the frigate Constitution, a gold medal, with suitable emblems and devices ; and a silver medal, with suitable em- blems and devices, to each commissioned officer of the said frigate, in testimony of the high sense entertained by Congress of the gallantry, good conduct, and services of Captain Bain- bridge, his officers and crew, in the capture of the British fri- gate Java, after a brave and skilful combat. APPROVED, March 3, 1813. AN ACT rewarding the officers and crew of the frigate Constitution, and the officers and crew of the Wasp. Be it enacted, fyc., That the President of the United States be, and he is hereby, authorized to have distributed, as prize mo- Pnze mone y : ney, to Captain Isaac Hull, of the frigate Constitution, his offi- $50000 to Cap ^ cers and crew, the sum of fifty thousand dollars, for the capture HUH, officers and and destruction of the British frigate Guerriere : and the like cr< "*? sum, in like manner, to Captain William Bainbridge, his offi- $50,000 to Capt ; cers and crew, for the capture and destruction of the British fri- gate Java : and the sum of twenty-five thousand dollars, in like 9 176 1813. manner, to Captain Jacob Jones, of the sloop of war Wasp, 25,ooo to capt his officers and crew, for the capture of the British sloop of c?ew!' ff & war Frolic: and that the sum of one hundred and twenty-five thousand dollars, out of any money in the treasury not other- wise appropriated, be, and the same is hereby, appropriated for the purposes aforesaid. APPROVED, March 3, 1813. AN ACT to reward the officers and crew of the sloop of war Hornet; and Lieu- tenant Elliott and his officers and companions. president amho- Be it enacted, fyc., That the President of the United States be ed % s c tributed be, and he is hereby, authorized to have distributed, as prize Sey%o s capt emone y' to Ca P L James Lawrence, late of the sloop of war hif ofer rei ai5 Cornet, his officers and crew, or their widows and children, the crew, of the Hor- sum of twenty-five thousand dollars, for the capture and de- ?u e re f of the Brit- struction of the British brig Peacock ; and to Lieutenant Elliott, TO Liut u anc * *" s ffi cers an d companions, or their widows and children, his officers, and the sum of twelve thousand dollars, for the capture and destruc- Ji2"ooo ni for' the tion of the British brig Detroit; and that the sum of thirty-seven Sou f the triousan d dollars be, and the same is hereby, appropriated to the $37,000 appropri- purpose aforesaid, to be paid out of any money in the treasury not otherwise appropriated. APPROVED, July 13, 1813. AN ACT for the relief of the officers and crew of the late United States' bqg Vixen. [See E. T. Satterwhite. ] Accountant of SEC. 1. Be it enacted, $*e., That the accountant of the navy SmcTthe dVof department be, and he is hereby, authorized and required to departure of the assume the day of the departure of the brig Vixen, from a port Vixen on her last . TT . , / . . . . * Bruise, as theday m the United btates, on her last cruise, as the day on which the cSunt h s iC are h to a be accounts of the officers and crew of the said brig shall be finally finally settled, settled and balanced: provided, that nothing 1 herein contained Proviso: nothing herein to deprive shall be construed to deprive the said officers and crew of any erew^f^iSmsto claims to further payment than is allowed by this act, which further payment, maVj on satisfactory proof, appear to be just. SEC. 2. And be it further enacted, That the Secretary of the Navy be, and he is hereby, authorized to allow and pay, unto tne officers and crew of the said brig, such sum of money as, in ums as may be n j s judgment, may be due to them for their pay. APPROVED, August 2, 1813. RESOLUTIONS expressive of the sense 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. Com. Resolvnd, fyc., That the thanks of Congress be, and the same officers are hereby, presented to Captain Oliver Hazard Perry, and through him to the officers, petty officers, seamen, marines, and infantry serving as such, attached to the squadron under his command, for the decisive and glorious victory gained on lake irr Erie, on the tenth of September, in the year 1813, over a Bii- 1814. tish squadron of superior force. Resolved, That the President of the United States be request- Gold medals ed to cause gold medals to be struck, emblematical of the ac- tion between the two squadrons, and to present them to Captain Perry and Captain Jesse D. Elliott, in such manner as will be j r i i i TA i i most honorable to them ; and that the President be further re- quested to present a silver medal, with suitable emblems and devices, to each of the commissioned officers, either of the navy or army, serving on board, and a sword to each of the midship- , J \ .,. ', TIT- -11 i " A sword to Mid- men and sailingmasters who so nobly distinguished themselves siupmen, &c. on that memorable day. Resolved, That the President of the United States be re- . , ., -i i i Ti 11 11 A silver medal to quested to present a silver medal, with like emblems and de- the nearest male vices, to the nearest male relative of Lieutenant John Brooks, of B, f and U a the marines, arid a sword to the nearest male relatives of Mid- Barest male re* shipmen Henry Laub and Thomas Claxton, jr., and to com- atiyes of Mid-. municate to them the deep regret which Congress feel for the ciaxum! loss of those gallant men, whose names ought to live in the re- collection and affection of a grateful country, and whose con- duct ought to be regarded as an example to future generations. Resolved, That three months' pay be allowed, exclusively of Three mon ths' the common allowance, to all the petty officers, seamen, ma- extra pay to petty ,.., . 111-1 , officers and men. rines, and infantry serving as such, who so gloriously supported the honor of the American flag, under the orders of their gallant commander, on that signal occasion. APPROVED, January 6, 1814. RESOLUTION relative to the brilliant achievement of Lieutenants Burrows and McCall. Resolved, fyc., That the President of the United States be A gold medal to requested to present to the nearest male relative of Lieutenant lhe n eare ^ aie William Burrows, and to Lieutenant Edward R. McCall, of the Burrows ancTto brig Enterprize, a gold medal, with suitable emblems and de- a sii^^medaua vices; and a silver medal, with like emblems and devices, to other offic r9 - each of the commissioned officers of the aforesaid vessel, in tes- timony of the high sense entertained by Congress of the gal- lantry and good conduct of the officers and crew in the conflict with the British sloop Boxer, on the fourth of September, in the year 1813. And the President is also requested to communicate {^^^few* to the nearest male relative of Lieutenant Burrows, the deep Burrows, regret which Congress feel for the loss of that valuable officer, who died in jjie arms of victory, nobly contending for his coun- try's rights and fame. APPROVED, January 6, 1814. RESOLUTION relative to the brilliant achievement of Captain James Law- rence, in the capture of the British vessel of war the Peacock. Resolved, $c., That the President of the United States be re- A gold medai to quested to present to the nearest male relative of Captain James JSative 1 ?/ capt! 178 1814. Lawrence, a gold medal, and a silver medal to each of the com- jLawrence; and a missioned officers who served under him in the sloop of war other officere. l Hornet, in her conflict with the British vessel of war the Pea- cock, in testimony of the high sense entertained by Congress of the gallantry and good conduct of the officers and crew in the Sby e co^e?sof ca P ture of tnat vesse l? and the President is also requested to the loss of capt. communicate to the nearest male relative of Captain Lawrence the sense which Congress entertains of the loss which the naval service of the United States has since sustained in the death of that distinguished officer. APPROVED, January 11, 1814. RESOLUTION directing a sword to be presented to the nearest male relation of Midshipman John Clark. Resolved, fyc., That the President of the United States be A sword to the requested to present a sword to the nearest male relation of Mid- nearest male rei- shipman John Clark, who was slain gallantly combating the ative of Midship- i-u.ni i i -n man Clark, and enemy in the glorious battle gamed on lake Erie, under the regret for his loss. comman( j o f Captain Perry, and to communicate to him the deep regret which Congress feels for the loss of that brave officer. APPROVED, February 19, 1814. AN ACT for the relief of David Porter, and his officers and crews. Portion of money B e n enacted. 4*c., That so much of the net proceeds of the accruing to U. S. ., - . i i i i i -n i <-* /. from sales of cer- forfeitures and penalties as have accrued to the United States from linquisned 18 ' 'to the condemnation and sale of the following vessels and their car- S pt officers 0r andg oes 5 to wit : Le Duc de Montebello, Le Petite Chance, and crews. L'Intrepide, condemned and sold by order of the district court of the United States for the Orleans district, for violations of the laws of the United States, be, and the same are hereby, given up and relinquished in favor of Captain David Porter, and of the officers and crews by whom the said vessels were captured, as a compensation to the said David Porter, and the said offi- cers and crews, for their zeal and activity in capturing the same : capt. P. authori- and that the said Captain David Porter be hereby authorized to anddistribute e the rece i ve ? from the Secretary of the Treasury, the amount of the same said net proceeds of the aforesaid sales, to be paid by the said Secretary of the Treasury out of any money not otherwise ap- propriated ; and upon receiving the same, the said David Por- ter is authorized and instructed to distribute it amongst the said officers and crews, in the proportions, and agreeably to the re- gulations of the laws of the United States, for th^distribution of prize money. APPROVED, April 13, 1814. AN ACT authorizing the purchase of the vessels captured on lake Erie. The Presid't au- SEC. 1. Be it enacted, fyc., That the President of the United S* ri B e rHish C ves- States be, and he is hereby, authorized to cause to be purchased 179 the British vessels which were captured on lake Erie by the 1814. American squadron, on the tenth day of September, in the year sels captured on one thousand eight hundred and thirteen ; and the sum of two J^be ^rchatS' hundred and fifty-five thousand dollars, in payment for the said paym^tCfo^ vessels, shall be distributed as prize money among the captors to be distributed ,i . i as prize-money Or their heirs. among the cap- SEC. 2. And be it further enacted, That, for carrying into tors ' ** c> effect this act, a sum not exceeding two hundred and fifty-five $255,000 appro- * V 11 i IT -11 -11 pnated for the thousand dollars be, and the same is hereby, appropriated, to be purchase. paid out of any money in the treasury not otherwise appropria- ted. SEC'. 3. And be it further enacted, That there be allow- $5,000 allowed to ed and paid to Captain Oliver H. Perry, out of any money mSn^hTAafe in the treasury not otherwise appropriated, in addition to his fpnze money, share of prize money as commander of the ship Lawrence, the sum of five thousand dollars. APPROVED, April 18, 1814. RESOLUTIONS expressive of the sense of Congress of the gallant conduct of Captain Thomas Macdonough, the officers, seamen, marines, and infantry serving as marines, on board the United States' squadron on lake Champlain. Resolved, fyc., That the thanks of Congress be, and the same Thanks of con- are hereby, presented to Captain Thomas Macdonough, and, JSpSiffiSS through him, to the officers, petty officers, seamen, marines, and ou g h,omcers,sea- infantry serving as marines, attached to the squadron under his command, for the decisive and splendid victory gained on lake Champlain, on the eleventh of September, in the year one thousand eight hundred and fourteen, over a British squadron of superior force. Resolved, That the President of the United States be request- Gold ed to cause gold medals to be struck, emblematical of the ac- captains Macdo don between the two squadrons, and to present them to Captain Macdonough and Captain Robert Henley, and also to Lieuten- ant Stephen Cassin,in such manner as may be most honorable commissioned of- to them ; and that the President be further requested to present to e the^ midsm> a silver medal, with suitable emblems and devices, to each of men - the commissioned officers of the navy and army serving on board, and a sword to each of the midshipmen and sailing mas- ters, who so nobly distinguished themselves in that memorable conflict. Resolved, That the President of the United States be re- A quested to present a silver medal, with like emblems and de- vices, to the nearest male relative of Lieutenant Peter Gamble, {J r mb c & Stans - and of Lieutenant John Stansbury, 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 recollection and affection of a grateful country. Resolved, That three months' pay be allowed, exclusively f .1 11 i > Thre months' of the common allowance, to all the petty officers, seamen, ma- pay additionai;to ISO 1814. rines, and infantry serving as marines, who so gloriously sup- the petty officers, ported the honor of the American flaff on that memorable day. seamen, &c. APPROVED, October 20, 1814. RESOLUTION expressive of the sense of Congress relative to the victory of the Peacock over the Epervier. A gold medal to Resolved, fyc., That the President of the United States be captain warrmg- requested to present to Captain Lewis Warrington, of the sloop dStoVach^om-of war Peacock, a gold medal, with suitable emblems and de- a^TTswordTo vices, and a silver medal, with like emblems and devices, to &c S id tStFmon ' eac ^ ^ tne cormi " ss ^ orle d officers, and a sword to each of the oftiieiigoddcon- midshipmen, and to the sailingmaster, of the said vessel, in tes- S^i'e e Bri timony of the high sense entertained by Congress of the gal- brig Epemer. lantrji and good conduct of the officers and crew, in the action with the British brig Epervier, 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 American gunnery were so signally displayed. APPROVED, October 21, 1814. RESOLUTION expressive of the sense of Congress relative to the capture of the British sloop Reindeer, by the American sloop Wasp. Resolved. A-c., That the President of the United States be A gold medal to i ' /-* -r i -ri i i /> i i capt Biakeiey, requested to present to Captain Johnston Blakeley, of the sloop eaS ve commfcs5 Wasp, a gold medal, with suitable devices, and a silver medal, to ffi each a n?iSp- w ^^ l*ke devices, to each of the commissioned officers, and also man, &c., in tes- a sword to each of the midshipmen, and the sailingmaster, of in th the the aforesaid vessel, in testimony of the high sense entertained p^of^y Congress of the gallantry and good conduct of the officers war Reindeer. a nd crew, in the action with the British sloop of war Reindeer, on the twenty-eighth of June, in the year one thousand eight hundred and fourteen ; in which action determined bravery and cool intrepidity, in nineteen minutes, obtained a decisive victo- ry, by boarding. APPROVED, November 3, 1814. RESOLUTIONS expressive of the high sense entertained by Congress of the gallantry and good conduct of Commodore D. T. Patterson, and Major D. Carmick, and of the officers, seamen, and marines, under their command, in the defence of New Orleans. congress enter- Resolved, <$*c., That Congress entertain a high sense of the of in the hi viior n of va ^ or an< ^ g 00 ^ conduct of Commodore D. T. Patterson, of the om. Patterson, officers, petty officers, and seamen, attached to his command, :n ' for their prompt and efficient co-operation with General Jack- son, in the late gallant and successful defence of the city of New Orleans, when assailed by a powerful British force. congress enter- Resolved, That Congress entertain a high sense of the valor o e f and good conduct of Major Daniel Carmick, of the officers, non- 181 commissioned officers, and marines, under his command, in the 1816. defence of the said city, on the late memorable occasion. Major camuck, officers, and ma- APPROVED, February 22, 1815. rines - AN ACT authorizing the purchase of the vessels captured on lake Champlain. Be it enacted, fyc., That the President of the United States The Pidt au- be, and he is hereby, authorized to cause to be purchased the chasTthe British vessels which were captured on lake Champlain by the on SS Lake American squadron, on the eleventh day of September, in the P lain > &c - year eighteen hundred and fourteen ; and the amount of the ^f valuation of such captured vessels, when duly made and re- prize money, &c. turned to the navy department, shall be distributed as prize mo- ney, among the captors or their heirs. APPROVED, March 3, 1815. AN ACT for the relief of sundry persons in the service of the United States, in consequence of the destruction of their tools by fire at the navy yard. SEC. 1. Be it enacted, fyc., That the accounting officers of C]aimsfor losges the navy be, and they are hereby, directed to adjust and settle J 1 ^S I1 | t d c by t ^ all 'claims for losses that have been sustained by artificers, me- adjusted and set- chanics, and other workmen, in the employ and service of the tled ' United States, for tools and other articles essential to, and con- nected with, their trade and occupation, which have been de- stroyed hy fire, in consequence of burning the buildings of the navy yard, in the city of Washington, and to cause to be paid over to such persons, respectively, the amount found due for such losses. SEC. 2. And be it further enacted, That a sum not exceed- ^ 50 oo ing five thousand dollars be, and the same is hereby, appropria- ted - ted, out of any moneys in the treasury of the United States not otherwise appropriated, to carry into effect the objects of this act. APPROVED, March 3, 1815. RESOLUTION requesting the President to present medals to Captain Stewart and the officers of the frigate Constitution. Resolved, fyc., That the President of the United States be, The President re- and he is hereby, requested to present to Captain Charles Stew- ^of^edaTto art, of the frigate Constitution, a gold medal, with suitable em- captain Stewart, blems and devices, and a silver medal, with suitable emblems each'commi^ and devices, to each commissioned officer of the said frigate, in t^maate^con- testimony of the high sense entertained by Congress of the gal- summon, for then- lantry, good conduct, and services, of Captain Stewart, his of- fondue^ &c. g ficers and crew, in the capture of the British vessels of war the Cyane and the Levant, after a brave and skilful combat. APPROVED, February 22, 1816. 182 1816. RESOLUTfON requesting the President to present medals to Captain James Biddle, and the officers of the sloop of war Hornet. The President re- Resolved, fyc., That the President of the United States be, r g e o S id d Se p (S e ?o and he is hereby, requested to present to Captain James Bid- a a S'ver dd oSe an to ^ 6 ' ^ tne S ^P ^ war Hornet, a gold medal, with suitable each commiss'd emblems and devices, and a silver medal, with suitable em- wJr e HorneC P for blems and devices, to each commissioned officer of the said S ^P ^ war > m test i mon y of the high sense entertained by Congress of the gallantry, good conduct, and services, of Cap- tain Biddle, his officers and crew, in capturing the British sloop of war Penguin, after a brave and skilful combat. APPROVED, February 22, 1816. AN ACT rewarding the officers and crew of the sloop of war Hornet, for the capture and destruction of the British sloop of war Penguin. $25,000 appropri- & e ^ enacted, fyc., That the President of the United States ated,to be divided be, and he is hereby, authorized to have distributed, as prize among the cap- ~ v v^-in /. i i /* TT tors of the Pen- money, to Captain James Biddle, of the sloop of war Hornet, his officers and crew, the sum of twenty-five thousand dollars, for the capture and destruction of the British sloop of war Pen- guin ; and that the sum of twenty-five thousand dollars, out of any money in the treasury not otherwise appropriated, be, and the same is hereby, appropriated for the purpose aforesaid, APPROVED, February 28, 1816. AN AC r placing certain persons on the list of navy pensioners. persons wounded ^ EC - ! & e % enacted, fyc., That the Secretary of the Navy at Dartmoor P ris- be, and he is hereby, authorized and required to place on the on, in 1815, and , . ' . J > the widows and list of navy pensioners, those persons who were wounded at Dartmoor prison, in England, in the month of April, 1815 ; ? tne widows and children of such as were killed, or who died in consequence of wounds received, there ; and that, in the allowance of pensions to the persons aforesaid, the regulations established by law, in relation to the placing persons on the list of navy pensioners, be observed. TO take effect SEC. 2. And be it further enacted, That this act shall be from eih April, cons t rue( i to take effect from the sixth day of April, in the year 1815. APPROVED, April 2, 1816. AN ACT respecting the late officers and crew of the sloop of war Wasp. Whereas, there is reason to apprehend that the sloop of war Wasp, an armed ship of the United States, and lately com- manded by Captain Johnston Blakeley, is lost : SEC. 1. Be it enacted, $-e., That there be allowed and paid Sowedtore 7 to ^ re P resentat i ves of Captain Johnston Blakeley, and of each sentatives onSie of the officers and crew aforesaid, as is hereinafter directed, oftu? was 1 p? rew twelve months' wages ; and that there be paid to the aforesaid 183 representatives, and to the survivors of said officers and crew, 1816. if such there be, the sum of fifty thousand dollars, to be^so.ooowbe distributed as prize money for the capture and destruction, by money. M said sloop of war, of the British armed vessels Reindeer and Avon. SEC. 2. And be it further enacted, That the distribution of "S be distr ~ said wages and compensation shall be as follows, viz : one-third to the widow, and two-third parts to the children of the de- ceased ; and in case there be no child, the whole to the widow ; and if there be no widow, then to the child or children ; and if there be neither widow nor child, then to the parent or pa- rents ; and if there be no parent, then to the brothers and sis- ters ; and if there be neither brother nor sister, then such share or shares not claimed as aforesaid, shall be and remain part of the navy pension fund ; arid the sums aforesaid shall be paid out of any moneys in the treasury not otherwise appropriated : provided, that in all cases in which there shall be only one Proviso. child, the widow shall have an equal share with the child. SEC. 3. And be it further enacted, That the Secretary Prize-agent to be of the Navy be, and he is hereby, authorized and required appou to appoint a prize agent, whose duty it shall be to disburse the moneys aforesaid, or to refund any balance thereof, under such rules and regulations as the said Secretary may prescribe ; and that all moneys not claimed by virtue of this act within two J^ed ^% years from the day when said sums shall be put at the disposal years, to be add- of the said prize agent, shall be deemed and held a part of the fund! thepen navy pension fund. APPROVED, April 20, 1816. AN ACT rewarding the officers and crew of the Constitution for the capture of the British sloop of war Levant. Be it enacted, $*c., That the President of the United Stat be, and he hereby is, authorized to have distributed as prize money. money, to Captain Charles Stewart, late of the frigate Consti- tution, his officers and crew, the sum of twenty-five thousand dollars, for the capture of the British sloop of war Levant ; and that the sum of twenty-five thousand dollars, out of any money in the treasury not otherwise appropriated, be, and the same is hereby, appropriated for the purpose aforesaid. APPROVED, April 26, 1816. AN ACT providing for the distribution of one hundred thousand dollars among the captors of the Algerine vessels captured and restored to the Dey of Al- giers. Be it enacted, fyc., That the sum of one hundred thousand f^'J^* Jj dollars be, and the same is hereby, appropriated, to be paid out prize-money. of any money in the treasury not otherwise appropriated, and distributed in the same proportions and under the same regula- tions as prize money is now by law directed to be distributed, among the captors of the Algerine vessels, captured by the 184. 1817. American squadron, under the command of Commodore Ue- "" catur, and afterwards restored to the Dey of Algiers. APPROVED, April 27, 1816. AN ACT for the relief of George T. Ross, Daniel T. Patterson, and the offi- cers and men lately under their command. $50,000, accruing Be it enacted, $*c., That so much of the net proceeds of foVfeiturToVve tne forfeitures and penalties, not exceeding fifty thousand dol- aeia captured at lars, as has accrued to the United States by the condemnation Barratana. relm- i i /* i i 11- i i i quisned to the and sale of the vessels and their cargoes, which were taken near the island of Barrataria, on the western coast of Louisiana, on the sixteenth day of September, one thousand eight hundred and fourteen, by a land and naval force, under the command of Colonel George T. Ross and Captain Daniel T. Patterson, and which were condemned and sold by order of the district court of the United States for the Orleans district, for violation of laws of the United States, be, and the same are hereby, given up and relinquished in favor of the said George T. Ross, and Daniel T. Patterson, and of their officers and men, for their zeal, activity, and courage, in capturing the same. And the Secretary of the Treasury is hereby authorized to pay to the said George T. Ross and Daniel T. Patterson, the amount of the said net proceeds of the said sales, not exceeding fifty thou- sand dollars, out of any money in the treasury not otherwise appropriated, to be distributed among the land and naval forces employed in the capture of the said vessels, in such propor- tions, and under such regulations, as the secretaries of war and navy, with the approbation of the President, shall prescribe and determine. APPROVED, April 27, 1816. AN A CT in addition to " An act for the relief of George T. Ross and Daniel T. Patterson, and the officers and men lately under their command." Be it enacted, fyc., That, for the purpose of carrying into Jf he wa S r e 3 a mx- effect tlie act, entitled "An act for the relief of George T. vy authorized to R oss an d Daniel T. Patterson, and the officers and men lately draw money, and -, , , ,. , -, appoint agents to under their command," the secretaries of war and navy are disburse u, &c. l iere by authorized and required, by and with the approbation of the President of the United States, to draw, by their war- rant, or warrants, from the treasury of the United States, out of any moneys therein not otherwise appropriated, by the said act, and to appoint an agent or agents to disburse the same, ac- cording to the true intent and meaning of the act aforesaid. APPROVED, February 22, 1817. AN ACT for the relief of the widows and orphans of the officers, seamen, and marines, who were lost in the United States' brig Epervier. The widows and Be it enacted, (Jrc., That the widows, if any such there be, m case there. be no widow, the child or children, if there 185 be no child, then to the parents or parent, and if there be no 1818. parent, then to the brothers and sisters, of the officers, seamen, in the and marines, who were in the service of the United States, and months' ei pay Si- lost in the brig Epervier, shall be entitled to and receive, out of (litional > &c - any money in the treasury not otherwise appropriated, a sum equal to six months' pay, of their respective deceased relatives aforesaid, in addition to the pay due to the said deceased on the fourteenth day of July, one thousand eight hundred and fif- teen, to which day the arrears of pay due the deceased shall be allowed and paid by the accounting officers of the navy depart- ment. APPROVED, March 3, 1817. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas, an arrangement was entered into, at the City of Washington, in the month of April, in the year of our Lord one Americn thousand eight hundred and seventeen, between Richard Rush, Esquire, at that time acting as Secretary for the Department of on the lakes - State of the United States, for and in behalf of the Government of the United States ; and the right honorable Charles Bagot, his Britannic majesty's envoy extraordinary and minister plen- ipotentiary, for and in behalf of his Britannic majesty ; which arrangement is in the words following, 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 following vessels on each side ; that is " On lake Ontario, to one vessel not exceeding one hundred Lake Ontario,] 3 tons burden, and armed with one eighteen pound cannon. " On the upper lakes, to two vessels, not exceeding like bur- upper lakes. den each, and armed with like force. * . " On the waters of lake Champlain, to one vessel not ex-^akechampiain. ceeding like burden, and armed with like force. " All other armed vessels on these lakes shall be forthwith Oth r ******* lo ., be dismantled, dismantled, and no other vessels of war shall be there built or armed. " If either party should hereafter be desirous of annulling stipulation may "this stipulation, and should give notice to that effect to the months' other party, it shall cease to be binding after the expiration of six months from the date of such notice. < The naval force so to be limited shall be restricted to such services as will, in no respect, interfere with the proper duties of the armed vessels of the other party." And whereas, the Senate of the United States have approv- Arrangement ap- ed of the said arrangement, and recommended that it should be KrXneTby carried into effect; the same having also received the sanction Prince Regent, 186 1818- of his royal highness the Prince Regent, acting in the name and on the behalf of his Britannic majesty : Now, therefore, I, James Monroe, President of the United andeffe$ force ^ tates ? ^> bv tms ? m Y proclamation, make known and declare, that the arrangement aforesaid, and every stipulation thereof, has been duly entered into, concluded, and confirmed, and is 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 hundred and eighteen, and of the inde- pendence of the United States the forty-second. JAMES MONROE. By the President : JOHN Q,UINCY ADAMS, Secretary of State. AN ACT authorizing the distribution of a sum of money among the represen- tatives of Commodore Edward Preble, and the officers and crew of the brig Syren. $2,5oo appropria- Be it enacted, t^'c., That the sum of two thousand five hun- Sey among The dred dollars is hereby appropriated, out of any money in the representatives of treasury not otherwise appropriated; which sum shall be dis- f.'OmiJ1. Jrr6DlCj ill i d / 1 TVT captain Stewart, tributed by the secretary of the INavy, as prize money, among on e eyren, r kc! the representatives of Commodore Edward Preble, deceased, of e tie P Sp?atee3 anc * Captain Charles Stewart, the officers and crew of the brig value of the brig of war Syren, or to the representatives of such as may be dead, ?d f Xe e syre on account of their proportion of the sum of five thousand doi- &c> lars, the appraised value of the brig Transfer, captured by the said brig Syren, for a breach of the blockade of the port of Tri- poli, in the year eighteen hundred and four, during the war carried on by the United States against that power ; the said brig Transfer having been taken into the service of the United States by Commodore Edward Preble, commander of the blockading squadron ; which brig was regularly condemned, as a good prize, by sentence of a court of admiralty. APPROVED, February 4, 1819. AN ACT to remit the duties on a sword imported to be presented to Captain Thomas Macdonough, of the United States navy. Duties on the J$ e it enacted, d'c., That the duties which have accrued, or sword presented i . tnen tne parent or parents; and if there be 10 fe^ 6 Sept ' no P ar nt > tnen tne brothers and sisters of the officers, seamen, and marines, who were in the service of the United States, and lost in the United States' sloop of war Hornet, shall be entitled to, and receive, out of any money in the treasury not other- wise appropriated, a sum equal to six months' pay of their re- spective deceased relatives, aforesaid, in addition to the pay due to the said deceased, on the tenth day of September last, up to which day the arrears of pay due the deceased shall be allowed and paid by the accounting officers of the navy department, APPROVED, April 24, 1830. AN ACT for the relief of sundry owners of vessels sunk for the defence of Baltimore. value to be as- SEC. 1. Be it enacted, fyc., That the third auditor of the treasury ascertain the value of the following vessels, at the time they were taken to be sunk for the defence of the city of Bal- timore, in the year one thousand eight hundred and fourteen, to wit: the ships Thomas Wilson, Chesapeake, Adriana, Scio- ta, Temperance, Pabius, India Packet, Mars, and Nancy; brigs Aid, George, Swallow, Blanche, Sally, Eliza, Betsey, Fa- ther and Son, and Ann ; schooners Scudder, Ann, Columbia, Enterprise, and Packet, and the sloop Rosanna ; and to allow to the owners, respectively, the amount of twenty-five per cen- By disinterested turn on said valuation : provided, that in each and every case, testimony. fa e sa ^ valuation shall be duly established by full and compe- tent disinterested testimony, and that the damages sustained in the vessels in question, by being sunk and raised exclusively, was to the full extent of the said per centum over and above all the amount or amounts heretofore received for said dama- ges by said owners, or their legal representatives, respectively ; That the vessels and provided, also, that the said vessels, at the time they were when takeri rthy taken, were sound and sea- worthy, and would have remained sea-worthy at the return of peace in one thousand eight hun- dred and fifteen; and provided, also, that in no instance where any vessel is not proven to have been sea-worthy at the time r she was taken to be sunk, shall a greater allowance be made Compensation for n i i vessels not sea- than will, with the money heretofore received for damage and detention of such vessel, and the value thereof at the time she was raised, with such rigging or other articles as have been sold 189 or reserved by the proper owner, amount to the value of the 1832. vessel at the time she was taken to be sunk. SEC. 2. And be it further enacted, That the amount so Appropriation, found by the third auditor shall be paid to the owners respec- tively, or to their legal representatives, by the Secretary of the Treasury, out of any money, not otherwise appropriated or be applied on debts due by them to the United States, as the case may be. APPROVED, May 29, 1830. AN ACT making appropriations for naval service for the year 1831. For rebuilding and removing the monument, erecfed in the Removing mon- navy yard at Washington, by the officers of the American navy, a rd* $2 a ,ioo. navx to the memory of those who fell in battle in the Tripolitan war, a sum not exceeding twenty-one hundred dollars, to be ex- pended under the orders of the Secretary of the Navy. APPROVED, March 2, 1831. AN ACT making appropriations for the support of Government for the year one thousand eight hundred and thirty-two. For the purpose of defraying the expenses of a survey of the waters of Narragansett bay, to be made under the direction of survey of the Secretary of the Navy, with a view to ascertain the practi- e ansewba r' cability and expediency of establishing a naval depot therein, five thousand dollars. For enabling the President of the United States to obtain, $5,000. from the Norfolk Bridge Company, a release and conveyance Norfolk bridge to the United States of the bridge over the southern branch of the Elizabeth river, between the navy yard and the dry dock, and of the road leading from the same to the southwestern side of said yard, the sum of sixteen thousand dollars : provi- ded, the Secretary of the Navy shall be satisfied that the said $is,ooo. sum does not exceed the value of the same : and provided, that the Attorney General of the United States shall be satis- fied of the validity of the title, and that the right thus acquired will authorize the United States to remove the bridge, and to enclose the road within the navy yard. APPROVED, May 5, 1832. AN ACT to provide for completing the removal and erection of the naval monument. Be it enacted, fyc., That, for the purpose of paying the workmen for renewing the inscriptions, and giving uniformity of color to the naval monument, its ornaments and statues, re- cently removed from the Washington navy yard to the Capitol square, a sum not exceeding two hundred dollars be, and the JgJ same is hereby, appropriated out of any money in the treasury not otherwise appropriated. APPROVED, July 14, 1832. 190 1833. AN ACT for the relief of Thomas Holdup Stevens, and others. Be it enacted, fyc., That die President of the United States e prize ^ c j anc * ne i g hereby, authorized to cause the sum of two thou- san( i dollars to be distributed, as prize money, to Captain Tho- mas Holdup Stevens, of the United States navy, and the other captors of a piratical felucca within the Colorados reef, in the West Indies, in April, eighteen hundred and twenty-three, which vessel was taken into the service of the United States ; and that the said sum be, and the same is hereby, appropriated, for the purpose aforesaid, out of any moneys in the treasury not otherwise appropriated. APPRO.VED, July 14, 1832. A RESOLUTION for the relief of sundry owners of vessels sunk for the de- fence of Baltimore. Memorial refer- Resolved, fyc., That the memorial of John S. Stiles, and the fbfdecSon" 61101 memorial of the other owners, of vessels taken and sunk for the defence of Baltimore during the late war, with the papers and documents referred to the Committee on Claims of the House of Representatives in the cases aforesaid, be referred to the third auditor for his decision, under the act of May twenty- sabject to super- nine, eighteen hundred and thirty, " for the relief of sundry taryofthe navy 6 " owners of vessels sunk for the defence of Baltimore ;" which de- cision shall be subject to the supervision of the Secretary of the Navy. APPROVED, March 2, 1833. AN ACT for the relief of the widows and orphans of the officers and seamen who were lost in the United States schooner, the Sylph. Be it enacted, $*c., That the widows, if any such there be, ed a U eum a equai and in case there be no widow, the child or children, and if toe months' pay. there fa no ^1^ then tne p arerits or parent, and, if there be no parent, then the brothers and sisters, of the officers and sea- men who were in the service of the United States, and lost in the schooner Sylph, shall be entitled to, and receive, out of any money in the treasury not otherwise appropriated, a sum equal to six months' pay of their respective deceased relatives afore- said, in addition to the pay due to the said deceased on the fif- teenth day of August, one thousand eight hundred and thirty- one, to which day the arrears of pay due the deceased shall be allowed and paid by the accounting officers of the navy depart- ment. APPROVED, March 2, 1833. AN ACT to enable the President to make an arrangement with the Govern- ment of France in relation to certain French seamen killed or wounded at Toulon, and their families. Whereas certain French seamen were unfortunately killed, and others wounded, by firing a salute from the American fri- 191 gate United States, in the harbor of Toulon, on the first day of 1836. May last, and whereas it is proper to manifest the sensibility, ~~ with which the disastrous accident is viewed by the Govern- ment of the United States, therefore," SEC. 1. Be it enacted, fyc., That the President of the United president to en- States be, and he is hereby, authorized and empowered to en- S^ 1 ?^ 8 ??^ ter into an arrangement with the Government of France for the to P av double - . . -ITT pensions to the payment of an annual sum of twice the amount receivable by wounded, and to the navy pensioners of the same or a similar class to the wound- Ejff 58 ' ed who survive, and to such relatives of those who were un- happily killed as aforesaid, as the President may deem it expe- dient to include in this provision, which said sum shall be paid on the earliest day practicable after the proposed arrangement shall be concluded, and on the same day in each year thereafter during the respective lives of the persons to whom granted. SEC. 2. And be it further enacted, That a sum of money Appropriation for sufficient to enable the President to carry the aforesaid arrange- ^ P ur P se - ment into effect be, and the same is hereby, appropriated, to be paid out of any money in the treasury not otherwise appro- priated. APPROVED, June 28, 1834. AN ACT making appropriations for the naval service for the year 1836. SEC. 2. And be if further enacted, That the President of $150,000 to the United States be, and he hereby is, authorized to send out ]J e a surveying and exploring expedition to the Pacific ocean and exploring expedi- the South seas, and for that purpose to employ a sloop of war, seaV&c! e S and to. purchase or provide such other smaller vessels as may be necessary and proper to render the said expedition efficient and useful, and for this purpose the sum of one hundred and fifty thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, and in addition thereto, if necessary, the President of the Uni- o thcr mean t s *> jo . i i i i / th e a ni un t f ted otates is authorized to use other means in the control 01 $150,000 may be the navy department, not exceeding one hundred and fifty us thousand dollars, for the objects required. APPROVED, May 14, 1836. 193 ACTS FOR THE BELIEF OF INDIVIDUALS. ALPHABETICALLY ARRANGED. FRANCIS W. ARMSTRONG. [Maintenance of fifteen Africans. See Taliaferro Livingston.] 1831, Feb. 2S ANDREW ARMSTRONG. The proper accounting officers of the treasury authorized 1834 June3 &* and required to re-adjust the accounts of Andrew Armstrong, late navy agent at Lima, in Peru, and to allow him a commis- sion of five per centum on moneys disbursed and stores distri- buted ; the amount of damages paid by the said A. A. on bills drawn by him on the Secretary of the Navy, and protested for non-payment ; the sum of $4,279 68, paid for tobacco pur- chased of H. McCulloch, and delivered over to Philo White ; and, also, the amount of $3,595 15, in lieu of all other charges and expenses of clerk hire, stationery, and office rent, and his expenses and compensation during the time he was in Lima, in consequence of the protest of his bills on the Secretary of the Navy, and on his return to the U. S. SEC. 2. The balance found due to said Armstrong upon the re-adjustment of his account, upon the principles herein direct- ed, to be paid to him. WILLIAM D. ACKEN. The proper accounting officer of the Treasury Department 1834, June 3d to cause to be paid the sum of $82 27 to William D. Acken, Jate agent for the preservation of timber on* the public lands in Florida, in addition to the allowances already made by the Navy Department, and in full of all demands for contingent expenses on account of said agency. JAMES BARRON. That there be paid to James Barron, a captain in the navy 1822, May r of the U. S., the sum of $70 20, being the amount of duties paid by the said Barron to the collector of New York, for cer- tain models for spinning rope yarns, imported by the said Bar- ron into the port of New York, in August, 1815. The full and exclusive right granted to James Barron, his 1 330, July 2. heirs, administrators, and assigns, for the term of fourteen 13 194 years from the 14th January, 1833, of making, constructing? using, and vending to others to be used, his improvement in the^ apparatus or machinery for manufacturing bottle corks, a de- scription of which is given in a schedule annexed to letters pa- tent granted to the said James Barren on the 13th January, 1819. SEC. 2. Also, for the term of fourteen years from the 20th February, 1833, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, his improvement in the pump for air or water, a description of which is given in a schedule annexed to letters patent granted to the said James Barren for the same, on the 20th February, 1819 : provided, that all rights and privileges heretofore sold or granted by said patentee, to make, construct, use, or vend the said improvements, or either of them, and not forfeited by the purchasers or grantees, shall enure to, and be employed by, such purchasers or grantees, respectively, as fully, and upon the same conditions, during the periods thereby granted, as for the term which did exist when such sale or grant was made. SEC. 3. Any person who has bona fide erected or constructed any manufacture or machine, for the purpose of putting said improvements, or either of them, into use, after the expiration of said patents heretofore granted, or is now erecting or con- structing any manufacture or machine for the purpose afore- said, shall have and enjoy the right of using such improvement or improvements now erected or constructed, or now being erected or constructed. JOSEPH BAINBRIDGE. 1822, May 7. The accounting officers of the Treasury Department autho- rized and directed to allow Joseph Bainbridge, a captain in the navy of the U. S., the sum of $5,697 42, in the settlement of his accounts : provided, the same shall not exceed the apparent balance now standing against the said Joseph Bainbridge. HEIRS OF JOHNSTON BLAKELEY. 1823, Mar. 3. The proper accounting officers of the Treasury Department authorized and directed to pass to the credit of the account of Johnston Blakeley, late a captain in the U. S. navy, the sum of $3,028 64, being the amount of moneys advanced to the said Blakeley, before the first day of May, 1814, for the use of the U. S. navy. CHARLES D. BRODIE. 1825, Mar. 3. The sum of $1,000 to be paid to Charles D. Brodie, for his invention and services in stopping a leak in the bottom of the Delaware 74. MARY J. BABBIT, mother of FITZ HENRY BABBIT. 1833, Mar. 2. A pension of $200 per annum, for the term of five years, ta 195 commence on the 29th day of November, 1830, allowed, and to be paid semi-annually, out of the navy pension fund, to Mary J. Babbit, the mother of Fitz Henry Babbit, late a lieutenant in navy of the U. S., to cease, in case of the death of Mary J. Babbit, before the expiration of said term of five years. Further extended for the term of five years from the 29th day 1336, July of November last, provided she lives so long, otherwise, during her life. EDWARD B. BABBIT. The proper accounting officer of the Treasury Department 1833, Mar. authorized and required, in the settlement of the accounts of Edward B. Babbit, a lieutenant in the navy of the U. S., to al- low him a credit for the sum of $781 50, being an amount re- ceived from the purser by him while acting as commander of the frigate Guerriere, in January, 1831, in the Pacific ocean, under the former regulations of the naval service, beyond the amount to which he was entitled according to the regulations digested and published in the year 1832. FRANCIS BARNES. In the settlement of the contract of Francis Barnes with the 1834, June 19. Board of Navy Commissioners, to supply whiskey for the use of the navy for the year 1831 , the accounting officers of the trea- sury to allow him the sum of $700 out of the amount charged him for the difference between the contract price and the sum paid by the navy agent at Baltimore, in the purchase of 20,000 gallons of whiskey, which said Barnes had failed to supply on a requisition under his contract. NOAH and ADAM BROWN. The Secretary of the Treasury authorized and directed to 1836, July 2. pay to Noah Brown, and the legal representatives of Adam Brown, the sum of $5,030, being the amount of losses sus- tained by A. and N. B. upon the sale of treasury notes made by them in the years 1814 and 1815, under an agreement with the commissioners for building the steam frigate Fulton the first. JOHN P. BRIGGS. The Secretary of the Navy authorized and required to place 1937, Mar. 3. upon the list of invalid pensioners of the navy pension fund, at the rate of $25 per month, to be paid out of said fund, John P. Briggs, late an acting surgeon on board of the ship Sarato- ga, who was wounded by a splinter, in the action with the Bri- tish fleet on lake Champlain, on the llth September, 1814; to commence on the 1st October, 1832. JAMES BASSETT. [March 3, 1839. See Jarius Loomis.j 1839 Mae. & 196 MELANCTON W. BOSTWICK. 1840, July 20. The Secretary of the Treasury authorized and required to cancel and annul a bond given by Melancton W . Bostwick, / John Taylor, Chauncey Belding, Caleb Holmes, and Samuel Belding, bearing date the 6th August, 1814, in the penal sum of $10,000 ; conditioned for the faithful conduct of Melancton W. Bostwick, a purser in the navy of the U. S., who perished in the brig Epervier. WILLIAM C. BOLTON. See FINCH. BENJAMIN F. BOURNE. See GEORGE JOHNSTON. MARY CHEVER. 1814, April 12. A gratuity of $25 quarter-yearly, to be paid out of the navy pension fund, to Mary Chever, for and during her life, as a gratuity from Congress on account of the distinguished bravery and services of her two sons, John Chever and Joseph P. Che- ver, who were seamen on board the frigate Constitution, ind who were slain at the capture of the British frigate Java. JAMES H. CLARK. 1823, Mar. 3. The accounting officers of the Treasury Department autho- rized and directed to allow James H. Clark the sum of $816, in the settlement of his accounts ; the same being the amount of money of which he was robbed in Marseilles, on the 3d De- cember, 1815. JOHN K. CARTER. 1824, May 21. The proper accounting officers of the Treasury Department authorized to pass to the credit of John K. Carter such sum as shall be satisfactorily shown to have been the depreciation on treasury notes, advanced by the Government, and expended by him in the recruiting service, in the city of New York, from the 1st August, 1814, to the 1st May, 1815, taking for the rule of allowance the difference in value between the treasury notes so advanced, and the money current at par, in the city of New York, at the periods when the advances were made, and con- fining the allowances to. the loss on the sums actually expend- ed within the periods before mentioned. ALEXANDER CLAXTON. 1830, May 28. The Secretary of the Navy to pay to the person or persons who may be legally entitled to receive the same, or who may have legally paid the same, the taxable costs decreed to be paid by Alexander Claxton, a master commandant in the navy of the U. S.j in the suit prosecuted by him against the English merchant ship James Mitchell, in the Superior Court of the District of East Florida ; and a sum, not exceeding $5,264 9$, appropriated for the purpose. 197 SEC. 2. The proper accounting officers of the Treasury De- partment authorized and directed to audit and allow the ac- counts of the said Alexander Claxton, for his reasonable ex- penses, incurred by him in and about the prosecution of his claim for salvage against the English merchant ship James Mitchell, in the Superior Court of the District of East Florida, so as that said expenses shall not exceed $872 75 ; and the amount when ascertained, to be paid to the said Alexander Claxton. The proper accounting officers of the Treasury Department 1833, Mar. 2. authorized and directed to allow to A. C., a captain in the navy of the U. S., in the settlement of his account, for his reasona- ble expenses incurred in and about the prosecution of his claim for salvage against the English merchant ship James Mitchell, in the Superior Court of the District of East Florida, in addi- tion to the sum provided by the act to which this is a supple- ment, the further sum of $637. JOSEPH S. CANNON. The Secretaiy of the Navy authorized and required to place 1831, Mar. 3. the name of Joseph S. Cannon on the navy pension list, at the rate of $10 per month, payable from the 1st January, 1829. i ___^____ WOLCOTT CHAUNCEY. The proper accounting officers of the Treasury Department 1834, June 30. authorized to audit and settle the account of Wolcott Chaun- cey, now a captain in the navy of the U. S., on the principles of equity and justice; and to allow, in the settlement thereof, whatever loss may have been sustained by him from the sale of treasury notes received by him in the years 1814 and 1815, and applied to the public service under the direction of the Navy Department : provided, that the allowance so, as afore- said, made, shall not exceed the sum of $766 20. HORATIO N. CRABB. Horatio N. Crabb, a lieutenant of the marine corps of the U. 1834, June 30. S., allowed and paid, out of the funds appropriated for the naval service, for services performed by him for the quartermaster's department of the said corps, at the rate of $15 a month, from June 25, 1830, to November 4, 1830 ; and from December 9, 1830, to November 30, 1831, each of said days included. RICHARD DALE. The proper accounting officers of the Navy Department au- igu, Jan. 11. thorized and required to settle and adjust the account of Rich- ard Dale, and pass to his credit the amount of such sea stores as may have been furnished him by the U. S. while he was commander of the U. S. ship Ganges : provided, the said R. D. will relinquish all claims to the rations to which he may be entitled. 198 DANIEL DOBBINS. See RUFUS S. REED. PENELOPE DENNY. 1826, May 16. A pension of $108 per annum, for the term of five years from the 9th November, 1822, allowed and to be paid, out of the navy pension fund, to ! D enelope Denny, the mother of James Denny, late a quarter-gunner in the navy of the U. S. ; to cease in case of the death or marriage of the, said P. D. before the expiration of said term. SILAS DUNCAN. 1826, May 13. The provisions of the joint resolutions of Congress, passed Oct. 20, 1814, entitled " Resolutions expressive of the sense of Congress of the gallant conduct of Captain Thomas Macdo- nough, the officers, seamen, and marines, and infantiy serving as marines, on board of the U. S. squadron on lake Cham- plain," to be so construed and extended as to include the name of Silas Duncan, a lieutenant in the navy of the U. S., in testi- mony of the sense which is entertained by both Houses of Congress, of the distinguished gallantly and good conduct of the said Lieutenant Duncan, in an action with the enemy's ' forces, on the 6th September, 1814, on the same lake. JOHN S. DEVLIN. 1833, Feb. 27. The proper accounting officers of the treasury directed to set- tle the accounts of John S. Devlin, quartermaster sergeant in the U. S. marine corps, upon principles of equity and justice. 1836, July l. The Secretary of the Treasury authorized to pay to John S. Devlin, quartermaster sergeant of the U. S. marine corps, the sum of $190, being in full for extra services rendered in the ca- pacity of clerk. THOMAS DORNIN. 1834, June 30. The sum of $129 appropriated for compensation to Lieut. Thomas Dornin, for extra services in surveying the coast in 1827 ; the said sum having been carried to the surplus fund from a former appropriation. JOHN DOWNES. 1835, Mar. 3. The sum of $1,080 appropriated, to be paid to Captain J. D. in reimbursement of the cost of presents to the native au- thorities in the Society and Sandwich islands, while command- ing the squadron of the U. S. of the Pacific ocean. 1840, July 20. The Secretary of the Treasury authorized and directed to allow to Captain John Downes, in the settlement of his ac- count, the sum of $723 60 with which he stands charged twice in his account at the Treasury Department, and cause the said sum of $723 60 to be paid to the said Captain John Downes. 199 SUSAN DECATUR. Mrs. Susan Decatur, widow of the late Commodore Stephen 1837, Mar. a Decatur, to be paid, from the navy pension fund, a pension for five years, commencing from the 30th June, 1834, in conform- ity with the provisions of the act concerning naval pensions and the navy pension fund, passed 30th June, 1834; and be allowed from said fund the arrearages of the half-pay of a post captain, from the death of Commodore Decatur to the 30th June, 1834, together with the pension hereby allowed her ; and the arrearage of said pension to be vested in the Secretary of the Treasuiy in trust for the use of the said Susan Decatur. The said pension to cease on her death or marriage. JESSE E. DOW. The sum of $153 33 to be paid to Jesse E. Dow, for his 1839, Mar. 2. time and expenses in bearing despatches from Commodore El- liott, commanding the U. S. naval squadron in the Mediterra- nean, and from Mr. Kavanagh, our charge d'affaires in Portu- gal, to the Navy and State Departments of the U. S. LEONARD DENISON and ELISHA ELY. , SEC. 1. The Fourth Auditor of the Treasury to ascertain 18 32, Mar. the damages sustained, and the expenses incurred, by Leonard Denison and Elisha Ely, arising from the omission, on the part of the navy officer at Sacket's Harbor, to deliver, within a rea- sonable time, the whole of 1491 tons, 14cwt. 3qrs. and 51bs. of the armament and naval stores at that station to them, after the 10th June, 1825, to be transported, under a contract made with the Navy Commissioners, to Brooklyn, in New York. SEC. 2. The damages and expenses so ascertained shall be subject to the supervision of the Secretary of the Navy : and when the amount shall be finally settled and adjusted, the same shall be paid. ELISHA ELY. See L. DENISON and E. ELY. JOHN B. FANNING. The Secretary .of the Navy authorized and required to ad- just and settle the accounts of John B. Fanning, late a purser in the navy of the U. S., upon principles of equity and jus- tice, and to make such allowances to the administrator of his estate, as, under the circumstances of the case, shall appear just and reasonable : provided, however, that no allowance shall be made by virtue of this act, beyond the balance now standing against said Panning on the books of the Navy De- partment. WILLIAM B. FINCH. $5,000 appropriated to enable the President of the U. S. to 1831, allow compensation to Captain William B. Finch, for extra 200 services and expenses in command of the sloop of war Vin- cennes, in the years 1829 and 1830 ; the accounts for such ser- vices and expenses to be settled under the direction of the Pre- sident. 1833, Jan. 14. William Bolton Finch, a post captain in the navy of the U. S., and Elizabeth B. Finch, his sister, both of the District of ^Columbia, respectively authorized, from and after the passage of this act, to take and use the surname of Bolton ; and the name of said William to be hereafter William Compton Bolton, and the name of the said Elizabeth, hereafter, to be Elizabeth Bolton; by which .names, respectively, all acts and engage- ments done or made may be enforced, and have the same ef- fect and operation in law, as if their names had originally been William Compton Bolton and Elizabeth Bolton. Heirs of ROBERT FULTON. 1836, June 23. The petition and papers of the heirs of Robert Fulton, re- ferred to the Secretary of the Navy, to state an account between the U. S. and said heirs, by debiting them with all the moneys paid to the said R. F., and not settled on the books of the Treasury Department. Second: To credit the said heirs with all moneys advanced or expended by the said Fulton, in and about the business of the U. S., committed to his care, or about which he had an agency. Third : To credit the said heirs a compensation commensu- rate with the value and importance of the services rendered by the said R. F., to the U. S., in inventing a system of coast and harbor defence, and in testing its utility, so far as he was em- ployed or engaged to render such services by the authorities of the U. S., or when such services were recognised as having been rendered for the U. S., previous to, or during, the late war with Great Britain. Fourth : To credit the said heirs with the like compensation, for the services of the said R. F., for inventing and in superin- tending the construction of a steam frigate, at New York, dur- ing and after said war. Fifth : To credit the said heirs with a just and equitable compensation, for the detention of the steamboat Vesuvius, at New Orleans, from the 30th December, 1814, to the 12th March, 1815, both days inclusive, being the time the said boat remained aground by reason of her being impressed into the service of the U. S., and grounded when in said service. The said Secretary of the Navy authorized to take such fur- ther testimony as he shall think necessary, and ascertain what defence was made to the suit in favor of the U. S. against the representatives of R. F., in the southern district of New York, and what composed the items of set-off to the claim of the U. S. ; and the said Secretary to report his proceedings at the next session of Congress. 201 JONATHAN M. FOLTZ. The same pay allowed, from the 7th June, 1836, to the 9th 1839, Mar. 3. March, 1837, to J. M. Foltz, that was allowed to surgeon at the head quarters of the U. S. marine corps, who was relieved by him, by order of the Secretary of the Navy. ELIAS GLENN. The Secretary of the Treasury authorized to pay to Elias 1825, Mar. 3. Glenn the sum of $100, in full for his services in taking depo- sitions, at the instance and request of the late Secretary of the Navy. FRANCIS H. GREGORY. The proper accounting officers of the Treasury Department 1828, May 26. authorized and directed to audit and allow the account of Lieu- tenant Francis H. Gregory, late commander of the U. S. schooner Grampus, for expenses incurred by him in prosecuting, in the courts of the U. S., the suit in the case of the brig Pal- mira or Panchita, captured on the high seas for alleged pirati- cal aggressions, and sent into the U. S. for adjudication ; and the amount of said expenses, when ascertained, to be paid to the said Francis H. Gregory. JOHN M. GAMBLE. The Secretary of the Navy authorized and directed to cause 18 3 6) j u jy 2. to be paid to John M. Gamble, twenty-five cents for each ration furnished by him to seventeen seamen and four marines, to- gether with six prisoners of war, under his command, when left by Commodore Porter in charge of prizes in the Pacific ocean, during the years 1813 and 114. SPENCER C. GIST. The proper accounting officers of the Treasury authorized 1839, Mar. 3. to settle and adjust the account of Spencer C. Gist, a midship- man in the navy of the U. S., for his services as an acting lieu- tenant on board the frigate Guerriere, Captain Thompson, in the Pacific ocean, from the 10th March, 1830, to the 28th De- cember, 1831 ; and to allow him the extra pay and emolu- ments to which he may be entitled, over and above the amount already received by him as midshipman and acting sailingm as- ter of said ship ; and the amount so found due to the said Spencer C. Gist to be paid. SETH HARDING. The Secretary of the Navy directed to place upon the navy 1807, Feb. 6. list of invalid pensioners of the U. S., Seth Harding, late a captain in the navy of the U. S., who has been so disa- bled in the line of his duty, while in service, that he is unable to support himself by labor ; and who shall be entitled to re- ceive one-half his monthly pay of a captain in the navy, to 202 commence from the 1st January, 1804, agreeably to the provi- sions contained in the act, entitled u An act for the better gov- ernment of the navy of the U. S." JOHN HALL. !818,April 20, The proper accounting officers of the Treasury Department authorized and directed to credit John Hall, late a major of ma- rines, with the sum of $2,400, in the settlement of his accounts, the same being part of a sum of money deposited in the hands of the said Hall, for the purpose of purchasing supplies for the marines under his command, and of which the said Hall was robbed in Marseilles, in Prance. SAMUEL F. HOOKER. l818,April 20. The proper accounting officers of the Treasury Department authorized and directed to settle the claim of S. F. Hooker, of Sacket's Harbor, in the State of New York, for property taken and occupied for public use, at Sacket's Harbor aforesaid, and for a house and barn destroyed by the enemy during the late war, at Cape St. Vincent, or Gravelly Point, which had been . rented by authority of the U. S. for barracks ; and the sum which shall be found due shall be paid to the said Samuel F. Hooker : provided, it shall not exceed, in the whole, $3,867 66. 1819, Feb. 15. The proper officers of the Treasury Department authorized and required to pay S. F. Hooker, the sum of $T85. 1823, Feb. 28. The Secretary of the Navy authorized and empowered to audit and settle, upon such principles as are applicable to con- tracts, the claims of S. F. Hooker, against the Navy Depart- ment of the U. S. ; with authority, if he shall think proper so to do, to submit said claims to arbitration. SEC. 2. The amount of the claims, when ascertained, to be paid, deducting whatever advances may have been made to the said Samuel F. Hooker, upon such claims. JOHN H. HOLLAND. 1836, July 2. The Secretary of the Treasury to pay to John H. Holland $1,371 47, for his expense and charges incurred in the care, clothing, and subsistence of a number of Africans placed in his charge, as marshal of the eastern district of Louisiana, under the laws of the U. S. relative to the slave trade. SEC. 2. The Secretary of the Navy to take and receive fur- ther testimony relative to so much of the account of said John H. Holland, as is embraced in the charges of Dr. James S. McFar- lan for professional services and medicine, and allow a reason- able and just amount for the services actually rendered by said McFarlan, and medicine furnished said Africans; to report said amount, so allowed, to the Secretary of the Treasury, who is directed to pay said amount, so certified, to the said John H. Holland. 203 BENJAMIN HEWITT. The Secretary of the Navy authorized to examine and de- 1339, Mar. 3. cide upon the claim of Benjamin Hewitt, agreeably to the pro- visions of the resolution of the 10th February, 1832, empow- ering the Secretary of the Navy to settle certain contracts and relinquish certain forfeitures, and to extend to him the full be- nefit of said resolution, if he finds and adjudges his case to be within the principle thereof. GEORGE JOHNSTON. George Johnston released from the effects of the judgment 1831, Mar. 2. obtained against him by the U. S., in the circuit court of the U. S. for the first judicial district, as one of the sureties of Ben- jamin F. Bourne, late a purser in the navy of the U. S. The above act amended, so as to be deemed and construed 1832 > ^ ul y 14 to apply to a judgment recovered by the U. S. of America against George Johnston, as one of the sureties of Benjamin F. Bourne, late a purser in the U. S. navy, in the district court of the U. S. for the eastern district of Louisiana; the judgment intended in the said act having been obtained in that court against the said George Johnston as surety as aforesaid, but through mistake not being so referred to. THOMAS AP C. JONES. The proper accounting officers of the Navy Department, an- i8l6,April26. thorized and directed to audit and settle the accounts of Tho- mas Ap Catesby Jones, a lieutenant of the navy of the U. S., and to allow him, in the settlement thereof, such credits as may be equitable and just. The Secretary of the Navy authorized and directed to allow 1834 > Ma y 10 * and pay to Thomas Ap C. Jones, out of the navy pension fund, as arrears of pension to which he is entitled on account of a permanent disability occasioned by a wound received by him in battle with the enemy during the last war with Great Britain, the sum of $20 per month, from the 18th of July, 1815, to the 15th November, 1831, deducting therefrom any sum, accruing between these dates, which may have been paid him on account of the pension allowed him by the commis- ers of the navy pension fund, on the 31st July, 1828. JOHN JUDGE. See JAMES TUCKER. 1836, July i. EZEKIEL JONES. The proper accounting officers of the Treasury authorized to 1339, Mar. 3. allow to Ezekiel Jones, for his services as commander of the revenue cutter " Washington," while acting in conjunction with the navy of the U. S. in 1836, the same amount of pay as a lieutenant in the navy would be entitled to receive for like services, deducting therefrom the sum which he has already re- ceived therefor 204 EDMUND P. KENNEDY. 1819, Mar. 3. The proper accounting officers of the Treasury Department authorized to audit and settle the account of Captain Edmund P. Kennedy, in such manner, and upon such terms, as may be reasonable and just. SAMUEL KEEP. 1832, Mar. 15. The proper accounting officers of the Treasury authorized and required to adjust and settle, upon the principles qf jus- tice and equity, the accounts and claims of the legal represen- tatives of Samuel Keep, relative to a certain contract made on the 8th September, 1826, by the Board of Navy Commission- ers of the one,part, and the said Samuel Keep of the other part. SEC. 2. All moneys allowed to the legal representatives of the said Samuel Keep, on such adjustment and settlement, to be paid. GEORGE LITTLE. 1807, Jan. 17. The proper accounting officers to liquidate and adjust, with George Little, the account of damages, interest and charges, in the case of the brig Flying Fish, captured by him while com- mander of the frigate Boston, in the service of the U. S., dur- ing the year 1799, and afterwards libelled in the district court of the U. S. for the district of Massachusetts ; in which case judgment was ultimately rendered by the circuit court, in pur- suance of a decision of the Supreme Court of the U. S. ; arid so much as may be necessary for satisfying the same, to be paid. ERASTUS LOOMIS. 1816, Mar. 25. The proper accounting officers of the Navy Department au- thorized to adjust and settle the claim of Erastus Loomis, and allow him the pay and emoluments of a second lieutenant of marines, from the 1st August, 1814, to the 28th Dec. 1815; also, the expenses incurred by said Loomis, in consequence of a wound received by him whilst gallantly doing his duty on board the brig Eagle, in the action on lake Champlain, on the llth Sept., 1814; the amount whereof shall be paid out of any money in the treasury not otherwise appropriated. EDWARD LEE. 1826 Dec. 29. The Secretary of the Treasury to pay to Edward Lee the 'sum of $2,812 50, the value of 37.500 pounds of navy bread, which he contracted with Commodore Chauncey, to deliver at Sacket's Harbor, on or before the 1st Dec., 1813, for the use of the navy, and which, being examined by the proper officer, was left in possession of the said Lee, for the want of a conve- nient place to receive it into the public stores, and was ther^e- after accidentally destroyed by fire. 205 TALIAFERRO LIVINGSTON. The Secretary of the Navy authorized to pay, out of an ap- 1828, May 24. propriation of $30,000 for the suppression of the slave trade, the claim of the administrator of the estate of Taliaferro Liv- ingston, late U. S. Marshal for the district of Alabama, for the maintenance of sundry Africans captured in 1818 : the said administrator to produce satisfactoiy evidence of the reasona- bleness of the charges of the said maintenance ; and the sums received by the said Livingston for the hire of the said Afri- cans, and for the labor performed for him by said Africans, if any, to be accounted for, and deducted. TALIAFERRO LIVINGSTON and FRANCIS W. ARM- STRONG. The Secretary of the Navy authorized to pay, out of the sum 1331, Feb. 25. appropriated for the suppression of the slave trade, the claim of the heirs of Taliaferro Livingston, late Marshal of the U. S. for the district of Alabama, for the maintenance of fifteen Africans, illegally imported into the U. S. in the schooners Louisa and Marino, in 1818 : satisfactory evidence, of the reasonableness of the charges for said maintenance to be furnished, and the sums received by the said Livingston for the hire of said Afri- cans, and for the labor performed for him by them, if any, to be accounted for, and deducted. SEC. 2. The same allowance to be made to Francis W. Armstrong, Marshal of the U. S. for the district of Alabama, for the time that the aforesaid fifteen Africans were kept by him, subject, in the settlement, to the same restrictions provided for in the first section of this act. JOHN LACY. The proper accounting officers of the Treasury authorized 18 32 ) j u i y 3. and required to audit, adjust, and settle, upon principles of jus- tice and equity, the account of John Lacy, for losses said to have been sustained by him in consequence of the non-compli- ance on the part of the U. S. with the conditions of a contract into which the said John Lacy had entered with Captains Por- ter and Warrington, acting in behalf of the U. S., in the year 1824 ; and the amount ascertained to be due, to be paid to the said John Lacy, or to his legal representatives. The said ac- counting officers not to allow any estimate for salvage on ac- count of the loss of the schooner Mary and Elizabeth. JARIUS LOOMIS, and heirs of JAMES BASSET. The sum of $5,465 appropriated, to be distributed as prize 1339^ M ar . & money, by the Secretary of the Navy, among the officers and crews, their, or either of their heirs, or legal representatives, of the gunboats numbered 149 and 154, who, in attempting to pass up the river Appalachicola, with a convoy of provisions and stores in the month of July, 1816, were attacked by a fort 206 situated on said river, and occupied by a number of fugitive negroes and Indians ; and who, in resisting said attack, blew up and destroyed said fort, with the greatest part of those by whom it was occupied. ALEXANDER MURRAY. 1805, Jan. 31. The proper accounting officers to liquidate and adjust with Alexander Murray, the account of damages, interest, and charges, in the case of the schooner Charming Betsey, recaptured by him while commander of the frigate Constellation, in the ser- vice of the U. S. during the year 1800, and afterwards libelled in the district court of the U. S. ? for the district of Pennsylva- nia, in which case judgment was ultimately rendered by the circuit court in pursuance of a decision of the Supreme Court of the U. S. ; and so much as may be necessary for satisfying the same appropriated. ISAAC McKEEVER. 1827, Feb. 8. The proper accounting officers of the Treasury Department authorized to allow to Lieutenant Isaac McKeever so much of the proceeds of the forfeitures and penalties as have accrued to the U. S. from the condemnation of the vessels Marino and Louisa, and their cargoes, as may be necessary to cover his rea- sonable expenses in prosecuting the suits against the said ves- sels and cargoes, in the District Court of the U. S. for the Dis- trict of Alabama, for the violation of the laws of the U. S. JOHN H. MAGUIRE. 1834, May 10. The Secretary of the Treasury to pay to John H. Maguire r the sum of $350, for investment of the navy pension fund, to the amount of $140,000, in different stocks, to the acceptance of the Board of Commissioners of the navy pension fund, in the year 1831 ; being an allowance of one-fourth of one per cen- tum on the amount so invested. MERYIN P. MIX. 1835, Mar. 3. The Secretary of the Navy to audit the claim of Mervin P, Mix, late a lieutenant in the navy of the U. S.,for loss incurred by him on disbursing treasury notes for the recruiting service at New York, in the years 1814 and 1815; and authorized to credit said Mix any sum he may prove he has lost in said dis- bursement, not exceeding the sum of $651 79 : the Secretary of the Navy, before he shall make said credit, shall find that the said loss arose from the sale of said notes, under the orders of Commodore O. H. Perry, under whose command said Mix was employed in the recruiting service. ELIZABETH MAYS, mother of WILSON MAYS. 3836, May 14. A pension of $114 per annum, for the term of five years, from the 3d September 1834, allowed and to be paid, in half- 207 yearly payments, out of the navy pension fund, to Elizabeth Mays, the mother of Wilson Mays, late a carpenter's mate in the navy of the U. S., to continue only during the life and wi- dowhood of said E. M. FRANCIS MALLABY. The Secretary of the Treasury to pay to Francis Mallaby the 1839, Mar. 3, sum of $392, for quarters to which he was entitled as sailing- master at the U. S. navy yard at Brooklyn, from the 27th March, 1827, to the 31st December, 1830, inclusive; but which quarters were not furnished him, nor were there any part of that time any quarters that could have been assigned to him, as certified by Commodore Chauncey,then commander of the yard. JOHN NICHOLSON. The proper officers of the Treasury to settle and pay to John 1831 Mar< 3 * Nicholson, Marshal of the eastern district of Louisiana, such sums as may reasonably be due, or may hereafter become due, to him, for the care, custody, maintenance, and clothing of such Africans as may have been brought into the port of New Or- leans, and legally committed to his custody by order of the court of the U. S. for the said district. JAMES NOBLE. The proper accounting officers of the Treasury Department 1834, June 30. directed to audit and settle the claims of James Noble, to pay as acting lieutenant, from the 10th day of March, 1830, to 22d of August, 1831 ; and from 1st December, 1831, to the 14th February, 1832 ; upon the same principles upon which like claims were settled previous to the date of the order of the Navy Department in relation to such claims, and bearing date the 10th March, 1830. ASHER PALMER. The proper accounting officers of the Navy Department au- 18 16, April jS6. thorized and directed to audit and settle the claim of Asher Palmer, for a small schooner captured by the British forces in the late war, while the same was in the service of the U. S., by ascertaining, or causing to be ascertained, the value thereof, in such manner as shall be reasonable and just. The amount, when so ascertained, to be paid to the said A. P. Family of the late OLIVER H. PERRY. From and after the 23d August, 1819, the following sums 1821, Mar. 2. be, and the same hereby are, settled, by way of annuity, paya- ble, under the direction of the Secretary of the Treasury, half yearly, at the Treasury of the U. S., or at the loan office at Providence, at the option of the annuitants, on the widow and 208 children of the late O. H. Perry, of the U. S. navy ; that is to say : On Elizabeth Perry, dowager of the aforesaid O. H. Periy, $400 during her natural life : provided, that the said annuity shall cease and determine on the determination of her widow- hood : On Christopher Grant Perry, his eldest son, $150 : On Oliver Hazard Perry, his second son, $1 50 : and On Christopher Raymond Perry, his third son, $150 : until the said Christopher Grant, Oliver Hazard, and Christo- pher Raymond, shall arrive at full age of twenty-one years re- spectively : And on Margaret Perry, only daughter, and youngest child, of the said O. H. Periy, deceased, the sum of $150, until she shall arrive at the age of twenty-one years aforesaid. In case the said Margaret shall have contracted any marriage on or be- fore she shall reach the age of twenty-one years, aforesaid, then the said pension or annuity shall cease and determine on the day whereon the said marriage shall have been contracted, as aforesaid : and in case the said Margaret shall not have con- tracted any marriage on that day, or prior thereto, then the said pension or allowance shall continue to be paid until the mar- riage or natural demise of the said Margaret. In case any of the said children of the said O. H. Perry, deceased, shall die under lawful age as aforesaid, then, and in that case, the pen- sion or annuity granted by this act, shall, in such case, cease and determine, in respect to such child so deceasing. DANIEL T. PATTERSON. 1825, Mar. 3. The proper accounting officers of the Treasury Department authorized and directed to pass to the credit of Captain Daniel T. Patterson, the sum of $250, the amount with which he stands overcharged on the books of the Navy Department. 1838 July 7 ^ ne Secretary f tne Treasury to pay to Captain Daniel T. Patterson, of the navy of the U. S., $3,391, for extraordinary expenses incurred when he commanded the U. S. squadron in the Mediterranean, in the years 1832, 1833, 1834, and 1835, in receiving and entertaining on board of his ship, the head officers of the Governments of the countries where the presence of said squadron was required for the general protection of the com- mercial interests of his Government, and for his extraordinary expenses in visiting the courts of those Governments. BENJAMIN PENDLETON. 1831, Mar. 2. The sum of $4,763, appropriated for compensation to Cap- tain Benjamin Pendleton, for moneys paid by him for cancel- ling the charter party, and outfit and demurrage of the brig Se- raph, of Stonington, for his pay as a lieutenant of the navy, and for moneys paid by him to the ship keeper of the said vessel. 209 THOMAS PAINE. The proper accounting officers of the Treasury authorized 1832, Mar. 2*. to pay to Thomas Paine, the sum of $500, in full for two months and a half provisions lost in the revenue cutter Craw- ford, on the 16th March, 1829. JOHN PERCIVAL. The Secretary of the Treasury directed to pay to John Per- 1834, June ifc, cival, master commandant in the U. S. navy, $500, being the amount expended by said Percival while commanding the U. S. schooner Dolphin during a cruise in 1825 and 1826, to the Mulgrave and other islands in the Pacific ocean, to relieve a part of the crew of the whale ship Globe. MATTHEW C. PERRY. The sum of $1,500 appropriated, to be paid to Matthew C. 1835, Mar. a. Perry, master commandant in the navy of the U. S., for extra services and expenses incurred by him, while commanding the U. S. sloop of war Concord, in obedience to orders, and, more particularly, in the reception on board his ship of Mehemet Ali, the Pacha of Egypt, and a numerous suite. FOXHALL A. PARKER. p The Secretary of the Treasury to pay to Captain F. A. Par- 1837, Mar. 3..] ker, of the U. S. navy, the sum of $200, for actual expenses incurred by him while commanding the Fail-field sloop of war, in the Mediterranean, during the year 1828, in carrying out Mr. Edward Wyer, bearer of despatches lo the commander of the squadron, in the Mediterranean sea, by order of the Secre- tary of the Navy of the U. S. CHARLES W. PICKERING. The proper accounting officer of the Treasury authorized to 1837, Mar. 3. adjust and settle the account of Charles W. Pickering, a mid- shipman in the navy of the U. S., and to allow him the differ- ence between the pay and emoluments of a lieutenant over that of a midshipman, for the period during which he performed the duties of a lieutenant on board the U. S. ship Falmouth, by order of her commander, Frangis H. Gregory, in the Pacific ocean, in the year 1833 ; and the amount so found due to him to be paid. JOHN RODGERS. Under the peculiar circumstances of the case of an appeal, isie, Feb. 25, taken by Commodore John Rodgers, from a decree of the U. S. circuit court for the district of Massachusetts, affirming that of the district court for the said district, to the Supreme Court of the U. S. in the case wherein John Donnell, of Baltimore, was libellant, and the said John Rodgers and John Smith were 14 210 respondents, the U. S. will indemnify and save harmless any persons who may become sureties for the said John Rodgers, in a bond to respond the final judgment of the Supreme Court on the said appeal. This interposition on the part of the U. S. not to be considered as involving them in any other engage- ment or responsibility, than to indemnify and save harmless the said sureties from eventual loss, on account of such suretyship. 1818 April 11 ^e P r P er accounting officers of the Treasury to settle the account of John Rodgers, for expenses actually incurred in the defence of a suit brought against him by John Donnell, of Bal- timore, owner of the schooner Eleanor, and finally reversed in the superior court of the U. S., and pay him the sum of $1,695 79. RUFUS S. REED and DANIEL DOBBINS. 3 8 16, April 27. The proper accounting officers of the Navy Department au- thorized and directed to audit and settle the claim of R. S. R. and D. D., for the schooner " Salina," by ascertaining, or caus- ing to be ascertained, the value thereof, in such manner and upon such terms as may be equitable and just. The amount, when so ascertained, to be paid to the said R. S. R. and D. D. JOHN G. REYNOLDS. 1834 J ne30 J nn Gr. Reynolds, a lieutenant of the marine corps of the ' U. S. allowed and paid, out of the funds appropriated for the naval service, for services performed by him for the quartermas- ter's department of the said corps, at the rate of fifteen dollars a month, from August 1st, 1828, to April 30th, 1831. The Secretary of the Navy authorized to cause to be paid to the said Reynolds the usual allowances made by the depart- ment in case of extra duty, as provost marshal of general court martial, and for such time as he, the said Reynolds, shall be able to prove such service to have been actually performed. SAMUEL W. RUFF. 1836, June 14. The proper accounting officers of the Treasury authorized to audit and settle the account of Samuel W. RufT, a surgeon in the navy of the U. S., and to allow him the pay and emolu- ments of a surgeon, in lieu of the pay and emoluments of an assistant surgeon, from the 4th April, 1831, up to the time of his appointment as surgeon in the year 1834 ; and the amount due to the said Samuel W. Ruff, upon such settlement and allowance, to be paid. HENRY RICHARDSON. 1836 July 2 f ^' ne Secretary of the Navy authorized to pay to the legal representatives of Henry Richardson, deceased, out of the navy pension fund, the sum $233 80, it being the amount due to the said representatives of Henry Richardson, deceased, a marine 211 on board the U. S. sloop of war Wasp, under the act of Con- gress of the 6th April, 1816, and passed to the navy pension fund in consequence of not being claimed. JOHN RUDD. The sum of $40, heretofore appropriated, and carried to the 1636, July 2, surplus fund, to be paid to Lieutenant John Rudd, for his pro- portion of prize money in virtue of the act entitled " An act for the relief of Thomas Holdup Stevens, and others," approved 14th July, 1832. EDWIN T. SATTERWHITE. The accountant of the Navy Department authorized and re- 1 81 3, July 22. quired to assume the day of the departure of the U. S. brig Vix- en from a port in the U. S. on her last cruise, as the day on which the account of said E. T. Satterwhite, the purser of said brig, shall be settled and balanced. And the accountant au- thorized to pay to the said E. T. S., such sum as may be due for pay and commissions, previous to the said day of the sailing of the brig Vixen from a port in the U. S., if in his judgment any such sum may be due. [See act of Aug. 2, 1813, page 176, " for the relief of the officers and crew of the late U. S. brig Vixen."] The Secretary of the Navy authorized and required to ad- isi4,Mar. 31. just and settle the accounts of E. T. Satterwhite, late a purser of the U. S. sloop of war Hornet, upon principles of equity and justice, and to make him such allowances as, under the cir- cumstances of his case, shall appear reasonable. THOMAS SHIELDS. The Secretary of the Treasury authorized to cause to be paid 1822, May 7. to Thomas Shields, or his legal representative, the sum of $1,693 10, in consideration of his loss of property to that amount, occasioned by burning the public store-house at the bay of St. Louis, by order of Lieutenant Jones, commanding the naval force of the U. S., stationed at that point, during the invasion of Louisiana by the enemy, in the winter of 1814 and '15. ROBERT F. STOCKTON. The proper accounting officers of the Treasury Department 1823, Mar. 3. authorized and directed to audit and allow the accounts of Lieutenant Robert F. Stockton, late commander of the U. S. schooner Alligator, for money paid and expenses incurred, or which may hereafter be incurred, by him, in any suit or suits instituted in the courts of the U. S., in the case of the schooner Jeune Eugenia, captured off the coast of Africa, by the said schooner Alligator, for an alleged violation of the laws prohib- iting the slave trade ; and in the case of the ship Marianna Flora, likewise captured on the high seas, for an alleged pirati- 212 cal aggression on the said schooner Alligator, while under the command of the said Stockton ; and which vessels, respective- ly, were sent into the U. S. for adjudication. SEC. 2. The amount of said expenses, when ascertained by the Secretary of the Treasury, to be paid to the said Robert F. Stockton. JOHN S. STILES. 1825, Mar. 3. The Secretary of the Navy authorized and directed to insti- tute a re-examination of the case of the ship Fabius, the brig Aid, and the schooner Ann, formerly owned by George Stiles, now deceased ; which vessels, during the late war, were sunk for the defence of the harbor of Baltimore. And further authorized to allow to the legal representative of said George Stiles, such sum as, with what has already been allowed, he, the said Secretary, shall deem a just and reasonable compensa- tion for the detention of said vessels, from the 17th day of Feb- ruary, 1815, to the time when they were delivered to the owner, and from thence to the termination of the period necessary to repair the injury done to them by sinking ; according to the in- tent and meaning of the act of Congress, passed on the 26th April, 1822, entitled " An act for the relief of sundry citizens of Baltimore ;" the said sum to be ascertained in such manner as the Secretary of the Navy shall direct, which sum, so allow- ed, shall be paid. [See acts of April 26, 1822; May 7, 1822; May 29, 1830; and March 2, 1833 ; for the relief of sundry citizens of Balti- more."] JAMES SCRIVENER. 1832, July 14. The proper accounting officers of the Treasury authorized and directed to pay to James Scrivener, late a seaman in the U. S. navy, or his legal representatives, the sum of $37 50, in full of transpprtation money due him during the late war. JOHN D. SLOAT. 1833 Feb 19 *^ e P r P er accounting officer of the Treasury Department ' authorized and directed to settle the account of John D. Sloat, a master commandant of the navy, by allowing him a credit for the sum of $478 79; being the amount of certain dis- counts on treasury notes, which has heretofore been suspended in consequence of the vouchers, once furnished by the said John D. Sloat, being now mislaid or lost. 1833, Feb. 20. ^^ sum ^ $1>360 appropriated, to be paid to Master Com- 'mandant John D. Sloat, of the U. S. navy, being the amount of his account exhibited to the Navy Department for expenses incurred in entertaining on board the St. Louis, under his com- mand, General Bolivar and several of his officers, at Guayaquil, in the year 1829; and General La Fuente, President of Peru 213 and Major General Miller, of the Peruvian army, in the year 1830. GEORGE W. STOKER. The sum of $500 appropriated to indemnify Captain G. W. 1833, Mar. 2> Storer, of the U. S. navy, for the expenses of accommodating Commodore David Porter, Charge d'Affaires of the U. S. at Constantinople, on board the U. S. ship Boston ; and for the expenses of conveying George Porter, Consul of the U. S. at Tangiers, from Port Mahon to Tangiers ; and of conveying Lieutenant Ebenezer Ridgway, Consul of the U. S. at Tripoli, and his family, from Port Mahon to Tripoli. E. R. SHUBRICK. The sum of $1,300 appropriated, to be paid to E. R. Shu- 1835, Mar. 3, brick, a master commandant in the navy of the U. S., being a reimbursement of extra and unavoidable expenses incurred by him while commanding the sloop of war Vincennes. RICHARD SMITH. The proper accounting officers of the Treasury authorized and 1836 > A P ril 9 > directed to pass to the credit of Henry B. Tyler, executor of the last will and testament of Lieutenant Colonel Richard Smith, deceased, the sum of $2,558 64, being the balance remaining unpaid to said Smith, of the moneys accruing to him under the provisions of an act of Congress approved on the 14th day of July, 1832, entitled " An act concerning officers of the marine corps. " RICHARD TAYLOR. A yearly pension of $300, from and after the 3d Sept., 1816, 1817, Mar. K allowed to Commodore Richard Taylor, in consequence of a total disability arising from a wound received from a conflict with the enemy in the Revolutionary war, while in the com- mand of a flotilla in the waters of the Chesapeake, under a commission of captain in the navy from the State of Virginia ; to be paid half yearly, out of the treasury. THOMAS TURNER. The commissioners of the navy pension fund authorized and 1819, Feb. 24, required to pay, out of the said fund, to the executors of Tho- mas Turner, deceased, for the benefit of the heirs and legatees of the said Thomas Turner, deceased, the sum of $J.,500 ; in consideration of services rendered by the said Thomas Turner, deceased, as accountant of the Navy Department, in receiving and settling all accounts respecting the said fund, and for which no compensation has heretofore been made. 214 JOHN B. TIMBERL^KE. 1819, Mar. 2. The proper accounting officers of the Treasury authorized and required, in the settlement of the accounts of John B. Tim- berlake, a purser in the navy, to allow him a credit of $3,084 33 ; this sum having been drawn by the late Lieutenant John Trippe, while in the command of the U. S. schooner Enter- prize, over and above his pay and emoluments, from the said John B. Timberlake, the purser of the said vessel. SAMUEL TUCKER. 1821, Mar. 2. The Secretary of the Navy directed to place upon the navy list of invalid pensioners of the U. S., Samuel Tucker, late a captain in the navy* of the U. S., who is unable, by reason of age, to support himself by labor; and who, having, by his bravery and long and faithful services, merited the gratitude of his country, shall be entitled to receive a pension of $20 a month, to commence from the 1st January, 1818, agreeably to the provisions contained in the act, entitled " An act for the better government of the navy of the U. S./" DANIEL TURNER. 1833, Mar. 2. The sum of $1,182 78 appropriated, to indemnify Captain Daniel Turner, of the U. S. navy, for the expense of convey- ing the Netherlands' minister, and his suite, from New York to Curacoa, by order of the Secretary of the Navy, in the year 1828. JAMES TUCKER and JOHN JUDGE. 1836, July l. The sum of $1,500 to be paid to James Tucker and John Judge, in full consideration for the use of their patent in the construction of anchors for the navy of the U. S., and in full of all claims of the said James Tucker and John Judge against the U. S. for the use of said patent from the time of granting the same until its final termination. DAVID VALENZIN. 1804, Mar. 26. A sum, not exceeding $2,665 TO appropriated, for the pur- pose of enabling the Secretary of the Navy to restore to the le- gal representatives of David Valenzin, deceased, the value of the property captured from him in the Mediterranean by the American squadron, in the year 1803. The value of the said property to be first duly ascertained by the proper accounting officers ; and the person or persons applying therefor to exhibit due proof of his or their being the true legal representative or representatives of the said D. V. SEC. 2. The Secretary of the Navy authorized and directed to cause to be liquidated and paid, the claims of those individ- uals who contributed to the maintenance and support of the said D. V. during his imprisonment, and who have defrayed the expenses of bis interment ; and the sum of $500 appropri- ated for the purpose. PHILIP F. VOORHEES. The Secretary of the Treasury to pay to Philip F. Voorhees, 1837, Mar, 3. the sum of $600, in full for expenses incurred by him while commanding 1 the ship John Adams, in the Mediterranean, dur- ing the years 1831 and 1832, in conveying our consuls to and from their consulates, and the Tripolitan ambassador from Mal- ta to Tripoli, by orders from Commodores Biddle and Patter- son. ABRAHAM WHIPPLE. The Secretary of the Navy directed to place upon the navy !8iJ,Dec. list of invalid pensioners of the U. S., Abraham Whipple, late a captain in the navy of the U. S.,who has been so disabled in the line of his duty, while in service, that he is unable to sup- port himself by labor ; and who shall be entitled to refteive one half the monthly pay of a captain in the navy, to commence from the 1st January, 1810, agreeably to the provisions contain- ed in " An act for the better government of the navy of the U. S." JESSE WILKINSON. The Secretary of the Navy to pay, content, and satisfy, to 1823, May 26, the persons who may be legally entitled to receive the same, or who may have legally satisfied and paid the same, the damages and taxed costs decreed to be paid by Jesse Wilkinson, a mas- ter commandant in the navy of the U. S., to Don Pablo Daunes, by the District Court of the U. S., for the District of . Virginia, in the cause of the " U. S. of America, as well in be- half of themselves as of the officers and crew of the U. S. brig of war Spark, Jesse Wilkinson, Esq. commander, against the schooner Ninfa Catalana, her tackle, apparel, armament, and furniture." And the sum of $13,239 48 appropriated for the purpose aforesaid. CHARLES WILKES, JUNIOR. The proper accounting officer of the Treasury to allow to 1830, May 5." Charles Wilkes, Junior, a lieutenant in the naval service of the U. S., and to any other person or persons with whom he may have contracted for the same, all such sums of money as he shall have paid, or, in the case of such other person or persons, he shall have contracted to pay them, for such astronomical and mathematical instruments, as by the letter of the Secretary of the Navy to him, dated 18th November, 1828, he was directed to procure for the exploring expedition to the Pacific ocean and South seas, on said accounting officer being furnished with sat- isfactory evidence that the respective articles are of the value 216 and quality specified in the contract therefor, and have been de- livered to such person or persons as the Secretary of the Navy shall have directed. The amount to be allowed and paid for the said instruments, exclusive of the sums already paid by the Navy Department and Navy Agent at New York, not to ex- ceed the sum of $3,300. JOHN A. WEBSTER. 1834, June 30. The Secretary of the Navy authorized and required to place the name of John A. Webster, late a sailingmaster in the navy of the U. S., on the navy pension list, at the rate of $20 per month, payable from the 1 st January, 1833. MELANCTHON TAYLOR WOOLSEY. 836, May 14. One-third part, and no more, to be retained from the pay of Melancthon Taylor Woolsey, a captain in the navy of the U. S., from the time of the passage of the act of March 3d, 1835, regulating the pay of the navy, until the amount of arrears due from said Woolsey to the U. S. shall be discharged ; any act or part of an act to the contrary notwithstanding. 1838,April 20. ^ e accountm g officers of the Navy Department to settle the ' accounts of Melancthon T. Woolsey, on the principle of justice and equity, subject to the supervision of the Secretary of the Navy. JAMES WILTBANK. 1836, June 23. The proper accounting officers of the Treasury authorized and directed to audit and settle the account of the Rev. James Wiltbank, for services performed as acting chaplain of the navy, at the naval asylum and the navy yard at Philadelphia, and to allow him for the time he shall appear to have performed such services, the pay and emoluments of a chaplain in the navy of the U. S. ; and the amount found due to the said Wiltbank, to be paid. DUDLEY WALKER. 4839, Mar, 3. The sum of $158 52 to be paid to Dudley Walker, a purser in the navy, for advances made by him under authority of his commanding officer, to seamen who afterwards deserted from the U. S. schooner [ship] Saint Louis. JOHN J. YARNALL. -1817, Mar. i. The Secretary of the Navy required to adjust and settle the accounts of John J. Yarnall, deceased, late a lieutenant in the navy of the U. S., upon principles of equity and justice, and to make such allowances therein as, under the circumstances of the case, shall appear reasonable. 217 WILLIAM P. ZANTZINGER. The Secretary of the Treasury to credit, on the account of 1833, Feb. 1* William P. Zantzinger, as purser of the U. S. ship Hornet, as of the date of said account, so as to stop accruing interest, the sum of $3,306 41, the amount of loss sustained by him on the sale of $35,800 of treasury notes to pay the officers and crew of said ship. The proper accounting officers of the Treasury Department 1335, Jan. 27. authorized and required to allow to said Zantzinger, on settle- ment of his account an additional credit of $2,570 76, being the difference between the cost of certain purser's stores left on the hands of said Zantzinger on the 4th October, 1829, when he was suspended from duty on board.the U. S. ship Natchez, and the net amount of sales of the same stores at Norfolk, after the arrival of said ship at that port. ERRATA. Page 55 at top : insert the figures " 1800." 64 at top : for 800," read 1800. 79, 80, 81 Sees. 1, 2, 3, 4, 5, and 6, should have been neted as repealed by subse- quent acts. 87 last side note : for " establishments," read enlistments. 106 first line : for " quarterly-yearly," read quarter-yearly. \ 14 the side notes are lower than they should be. 119 under the title of the " act regulating the payments to invalid pensioners," insert [Repealed, July 14, 1832.] See page 153. 155 under title of -act, insert [Obsolete.] 218 ABSTRACT of Appropriations and Expenditures for the Personnel. Ma- Years. Pay and subsist- Pay of superin- Provisions. Medicines and Building and ence. tendents, &c. hospital stores. rebuilding vessels. 1791 ; . 1792 . . - . 1793 & . . . 1794 . . - $688,888 82 1795 . . . . 1796 $5,000 . . . 1797 105,000 . - 372,000 1798 316.679 _ . 1,665,833 1799 947,837 19 - $431,726 30 $42,750 1,494,496 10 1800 1,280,658 40 . 603,642 67 32,647 20 . 1801 1,269,250 60 . 597,101 37 31,647 20 259,004 1802 81,719 . 20,000 . 190,575 1803 283,993 $20,000-^1 A 157,360 20 7,700 210,425 1804 234,328 20,000 T 125,518 72 4,875 * 1805 553,828 20,000 4 227,786 40 10,750 142,120 1806 291,119 20,000 9 157,254 34 7,500 . 1807 370,802 29 20,000 >*> ^. 152,318 18 5,000 _ 1808 368,048 20,000 &. 162,765 10 5,000 . 1809 1,323,077 20,000 G o 567,765 35,000 . 1810 718,115 20,000 ! 353,610 84 16,000 - 1811 774,390 20,000 m PH 385,330 30,000 . 1812 1,488,341 20,000 . C! g 559,757 40,000 300,000 1813 1,668,000 20,000 .2^ 775,000 100,000 3,400,000 1814 2,579,341 30,000 g,! 1,439,902 52 120,000 1,225,000 1815 1,358,364 50 30,000 2 S 673,972 50 40,000 1816 1,142,015 30,000 nT* 3 C3 356,870 25,000 1817 1,092,732 30,000 g 496,765 10,000 1818 1,135,595 30,000 'O 511,000 25,000 1819 1,259,472 95 30,000 4s 446,915 44,850 1820 989,320 35,000 ,3 415,187 36,000 60,000 1821 983,325 25 25,000_ a 337,831 32,000 10,000 1822 961,466 36,450 287,258 32,000 100,000 1823 929,503 12 44,650 220,000 20,000 . 1824 1,029,935 51 48,500 300,000 25,000 1825 1,014,419 10 48,COO 355,875 35,000 500,000 1826 1,117,105 75 52,240 421,739 75 49,000 350,000 1827 1,285,316 50 58,031 50 579,148 54 50,000 - 1828 1,396,504 59,102 505,000 28,200 201,350 1829 1,558,705 61 59,944 07 450,550 29,206 50 . 1830 1,499,827 57,680 479,528 31,500 - 1831 l,278,'694 57,6*0 173,463 25,500 87,360 1832 1,409,927 68,530 429,175 25,000 258,484 1833 1,445,000 57,330 460,000 35,000 - 1834 1,487,244 21 61,180 450,000 40,000 341,000 1835 1,797,557 16 61,180 450,000 40,000 . 1836 2,318,017 16 68,340 782,263 75 41,100 150,000 1837 2,454,686 69,470 762,865 39,000 780,000 1838 1,312,000 69,770 600,000 75,000 . 1839 2,352,625 64 44,000 600,000 75,000 . 1840 2,250,000 74,620 620,000 75,000 - 51,598,884 74 J1,547,197 57 18,882,245 18 1,472,225 70 12,846,535 92 i 219 Naval Service, from 1791 to 1840, both years inclusive. teriel. Shore establishments. Gallies, Repairs of ves- Purchase of Gradual in- Ordnance Navy yards. Hospitals, gunboats, sels. timber and crease & im- and ordnance magazines, and barges. reservation provement. stores. and docks. of lands. $80,000 - - . > !' ~ 80,000 - - - " - - $20,000 - $50,000 j . . m " $240,906 _ - $68,439 81 . - . 11,535 28 _ 50,000 140,000 . . $15,000 28,741 37 . - 120,000 . . 5,000 32,000 . 60,000 375,000 . . - 40,000 . 270,000 300,000 - . 50,000 40,000 _ 852,500 333,093 28 87,500 - 360,554 60 40,000 - - 195,000 - . 50,000 40,000 . . 445,000 . . 150,000 40,000 . . 150,000 . . 75,000 55,000 . m 250,000 - . 60,000 55,000 . . 1,215,000 200,000 . 460,000 40,000 250,000 640,000 200,000 . 100,000 70,000 100,000 . 1,500,000 200,000 . 300,000 70,000 . . 500,000 * 128,774 15 . 300,000 130,000 . . 300,000 . $1,000,000 210,000 420,000 i. - 325,000 . 1,000,000 120,000 120,000 . . 300,000 . 1,000,000 . 70,000 . . 476,200 7,500 1,000,000 . 120,000 . - 484,000 . 1,000,000 50,000 65,000 _ . 375,000 . 500,000 25,000 . - - 408,000 . 500,000 25,000 14,450 - . 350,000 . 500,000 20,000 162,000 . . 350,000 . 500,000 1,000 236,000 - .. 450,000 . 500,000 35,000 265,000 . . 440,000 . 500,000 - 170,000 - . 450,000 . 500,000 35,000 231,700 72 - . 510,000 . 500,000 50,000 105,000 . . 557,840 88 . 500,000 50,000 205,000 . i 770,380 . 500,000 30,000 180,500 - . 615,400 . 500,000 _ 272,250 . - 662,477 . 500,000 10,000 413,595 147,500 . 506,750 . 500,000 10,000 328,863 . . 590,000 . 500,000 10,000 362,010 88,000 . 983,500 . 500,000 15,000 344,115 132,700 . 1,065,000 . 500,000 64,900 807,625 64,610 . 1,250,000 . 500,000 72,000 540,400 152,089 . 1,200,000 . 500,000 65,000 360,500 114,150 - 1,000,000 . . 65,000 186,500 35,260 1,000,000 - 65,000 110,250 24,250 1,642,500 21,651,080 97 1,023,774 15 14,000,000 2,953,454 60 7,023,942 12 908,559 220 ABSTRACT Years. Contingent ex- Total of appropria- Total of expendi- Miscellaneous ob- penses. tions for navy pro- tures for navy pro- jects. per. per. 1791 1792 - - (a) $2,000 1793 - - - (a) 3,000 1794 - $768,888 82 - - 1795 . . . '. 1796 . 5,000 - . 1797 . 477,000 . (a) 10,000 1798 $62,200 2,024,712 . . 1799 283,600 3,450,409 59 . (5) 135,591 92 1800 393,600 2,310,548 27 . (a) 10,000 1801 382,450 2,780,359 17 - (c) 75,000 1802 . 372,269 09 _ - 1803 42,875 68 956,095 25 _ 16,948 37 1804 24,000 565,721 72 n (d) 1,305,128 45 1805 46,951 02 1,476,435 42 . 22,000 1806 111,950 1,247,823 34 _ - 1807 75,000 2,296,268 35 . . 1808 75,000 915,813 10 - - 1809 150,000 2,730,842 . - 1810 75,000 1,462,725 84 . (e) 5,000 1811 100,000 1,674,720 . - 1812 115,000 4,438,098 . - 1813 250,000 7,573,000 . (/) 1,162,000 1814 622,700 8,086,943 52 . () 760,000 1815 550,000 3,891,111 15 . (A) 425,664 25 1816 300,000 3,783,885 . (i) 259,882 77 1817 350,000 3,544,497 . (/fc) 33,439 49 1818 300,000 3,371,595 . (&) 15,000 1819 311,000 3,695,937 7!) . (&) 29,803 60 1820 240,000 3,374,507 . ._ 1821 200,000 2,488,156 25 . 150 1822 250,000 2,674,624 $1,405,919 79. - 1823 250,000 2,496,153 12 2,393,372 70 (/) 100,000 1824 200,000 2,690,435 51 3,019,734 23 30,305 07 1825 205,000 3,408,794 10 3,084,318 55 12,917 1826 245,000 3,345,085 50 4,315,046 88 44,812 50 1827 225,000 3,414,197 26 4,255,981 60 59,417 23 1828 245,000 3,600,156 4,031,118 48 58,360 68 1829 290,391 69 3,701,638 75 3,639,612 98 19,750 1830 260,000 3,809,415 3,215,784 95 19,341 48 1831 335,000 3,345,347 4,017,243 71 35,296 83 1832 255,000 4,169,688 3,846,541 49 19,636 76 1833 300,000 3,642,943 3,854,640 94 18,816 73 1834 299,000 4,228,434 96 | 3,875,731 75 65,438 40 1835 298,000 4,622,052 16 ' 3,768,436 53 38,172 50 1836 324,600 6,186,455 91 5,572,614 99 (m) 164,355 86 1837 532,600 7,153,110 6,800,797 62 11,454 65 1838 453,000 4,749,420 6,126,368 69 13,199 96 1839 453,000 4,811,385 64 5,549,691 56 3,288 41 1840 453,000 4,672,120 10,934,918 39 146,485,318 54 72,772,957 44 4,985,172 91 (For notes, see page 222.) 221 Continued. ^ Marine corps. Aggregate for navy marine corps and miscellaneous. Balances unex- pended on the Appropriations. Expenditures. Appropriations. Expenditures. 1st January. m - $33,327 50 2,000 $570 53 02 m m 768,888 82 61,408 97 - . . 410,562 03 $707,479 85 . . 5,000 274,784 04 296,917 82 . . 487,000 382,631 89 27,133 78 . . 2,024,712 1,381,347 76 131,501 89 $237,788 38 . 3,823,789 89 j 2,858,081 84 774,866 13 162,405 22 - 2,482,953 49 3,448,716 03 1,740,574 18 186,903 78 . 3,042,352 95 2,111,424 774,811 64 . . 242,294 915,561 87 1,805,740 59 91,778 75 . 1,144,797 46 1,215,230 53 791,897 72 84,278 28 . 1,667,498 45 1,189,832 75 50,184 94 113,934 58 . 1,550,000 1,597,000 527,850 64 94,318 10 . 1,692,141 44 1,649,641 44 480,165 70 132,796 12 . 2,429,564 47 1,722,064 47 45,000 215,754 70 . 1,131,567 80 1,884,067 80 752,500 186,060 50 . 2,916,902 50 2,427,758 80 196,914 85 . 1^664,640 69 1,654,244 20 489,143 70 195,554 05 . 1,870,274 05 1,965,566 39 499,540 19 228,905 90 . 4,304,669 60 3,959,365 15 404,247 85 410,788^55 . 9,510,788 55 6,446,600 10 747,052 30 552,967 35 . 8,174,910 87 7,311,290 60 3,811,240 75 270,685 . 5,258,686 25 8,660,000 25 4,271,111 02 191,026 . 4,234,793 77 3,908,278 30 759,310 27 236,662 . 3,814,598 49 3,314,598 49 910,833 49 122,100 ff 3,508,695 2,953,695 1,320,333 47 144,615 60 . 3,427,306 95 3,847,640 42 1,875,333 47 225,433 . 4,042,990 4,387,990 1,455,000 220,936 81 . 2,709,243 06 3,319,243 06 1,110,000 200,088 22 $93,551 54 2,874,712 22 2,224,458 98 500,000 226,331 50 213,812 33 2,822,484 62 2,503,765 83 1,150,253 24 233,228 71 262,328 72 2,953,969 29 2,904,581 56 1,491,392 20 245,995 21 214,463 61 3,667,706 31 3,049,083 86 1,540,779 93 236,292 81 291,991 92 3,748,985 23 4,218,902 45 1,999,567 39 212,134 209,936 89 3,709,629 20 4,263,877 45 1,470,590 12 182,706 208,041 20 3,838,748 52 3,918,786 44 905,120 90 205,819 60 161,839 51 3,723,475 40 3,988,642 47 783,811 75 217,733 14 226,824 10 4,316,000 47 3,239,428 63 1,171,630 12 195,999 16 1 229,217 62 3,496,643 29 3,856,183 07 2,190,236 60 196,248 77 210,703 30 4,465,573 53 4,947,718 1,801,029 58 206,112 28 222,538 68 3,867,872 01 4,274,184 26 2,293,315 78 284,500 01 233,031 59 4,578,373 37 4,613,656 45 2,240,353 50 287,309 58 261,149 66 4,998,234 13 4,209,835 94 2,797,962 79 438,856 19 315,159 74 6,789,167 96 6,252,145 24 3,918,562 78 294,079 38 332,670 81 7,470,057 60 7,891,364 32 4,830,410 09 311,474 93 382,228 71 5,076,336 26 6<&9,867 22 5,554,739 13 325,756 91 337,450 99 5,890,430 96 6,787,562 37 2,828,078 94 318,462 01 - - - 2,322,885 3! 9,321,735 93 4,406,940 92 156,254,788 32 155,243,793 74 222 NOTES REFERRED TO IN THE FOREGOING STATEMENT. * By act of March 3, 1815, the sum of $200,000 annually, for three years, was appropriated for the purchase of timber ; and the unexpended balance thereof was subsequently included in the appropriation for the gradual increase of the navy. The amount here stated is the portion of the $600,000 that was expended. MISCELLANEOUS APPHOPK1ATIONS. (a) For support of revenue cutters, then under the control of the Navy Department. (fe) $117,591 92 for revenue cutters; $18,000 for maintenance of French prisoners. (c) Maintenance of French prisoners. (rf) $1,000,000 "to protect the commerce and seamen of the United States against the Bar- bary powers." (e) For experiments with the torpedo. (/) $1,000,000 "towards defraying the expenses of the navy during the year 1813," with- out specifying the heads applicable thereto ; $162,000 for prize-money. ( g) $500,000 for floating batteries ; $260,000 for purchase of vessels captured on Lake Erie. (A) $200,000 as prize-money for various captures. (t) $230,000 as prize-money. (&) $37,500 for purchase of medals and swords voted by Congress. (/) $50,000 for inclined plane, and $50,000 for suppression of the slave trade. (m) $150,000 for exploring expedition. REMARKS RELATIVE TO THE FOREGOING STATEMENT. In 1 802, '3, '4, '5, and '6, the appropriations were made in one gross sum, and are here divided among the several heads, in the proportions which, it is supposed, were required under each. In 1806, the sum of $600,000 was appropriated in gross, for arrearages of the naval service in 1804 and '5, and are here included in the appropriations for those years. The heads under which the proportions for 1804 were required, could not be ascertained ; but for 1805, they have been divided according to a report from the Navy Department, dated December 5, 1805. (See State Papers, volume for Naval Affairs, page 140.) Wherever appropriations have been made in one year for arrearages accruing in a former year, the sums have been added to the appropriations for the years during which the arrear- ages accrued. The following are the amounts appropriated in one year, as arrearages accruing in former years: 1803, - - $179,975 09, carried to 1802 1806, - - 600,00000, 1804 and '5 1813, - - 365,000 00, " 1812 1820, - - 443,050 00, " 1819 1830, - - 269,510 85, 1829 1832, - - 80,000 00, " 1831 The column of " Aggregate for navy, marine corps, and miscellaneous," is taken from the annually published "Account of receipts and expenditures of the United States," and includes balances of old appropriations that have been carried to the " Surplus fund," after remaining unexpended two years, and which must be re-appropriated to be rendered available. These same balances having been once before appropriated, and included in the aggregate of former years, to include them again in the aggregate would render the apparent appropriations greater, by so much, than they really are. Wherever these items have occurred, they have been omit- ted in the columns under the appropriate heads. 223 Amount of unexpended balances, carried to the surplus fund, and re-appropriated : 1806, 1826, 1827, 1828, 1829, 1835, $2,665 70, and again in 1812. 122,794 42 23,880 71 10,765 22 65,777 90 50,699 89 These two causes will account for any discrepancies that may be discovered between the "Total of appropriations for navy proper" and the "Aggregate of appropriations for navy, marine corps, and miscellaneous." Prior to July 1, 1822, the expenditures for the naval service were reported in gross, and not under each specific head ; hence, those for the navy alone, as contradistinguished from the marine corps and miscellaneous, could not be distinguished. This same remark will apply to the expenditures for the marine corps. Prior to 1822, the naval constructors, superintendents, &c. (embracing the civil establish- ment of the several yards) were paid out of the appropriations for " improvement of navy yards." The sums estimated as necessary for this object, have been deducted from the latter appropriation, and placed in the column allotted to the former. TITLES OF ACTS. Approved. 1841, Aug. 1, Making appropriation for the pay, subsistence, &c. of a home squadron 1 " Aug. 1 6, To provide for the payment of navy pensions - 1 " Sept. 11, Making an appropriation for the purchase of naval ordnance and ord- nance stores, and for other purposes - - t '*%$| 1842, April 14, Authorizing the construction of a war steamer for harbor defence - 2 " June 22, For the relief of Francis G. McCauley - 2 " Aug. 4, Making appropriations for the naval service for the year one thousand eight hundred and forty -two, (extract) - 3 " Aug. 23, Making an appropriation to supply a deficiency in the navy pension fund 3 " Aug. 26, To provide for publishing an account of the discoveries made by the ex- ploring expedition, under the command of Lieutenant Wilkes of the United States navy -------4 " Aug. 26, To regulate the pay of pursers and other officers of the navy - 5 " Aug. 29, To establish and regulate the navy ration ... - 7 " Aug. 29, Authorizing the Secretary of the Navy to contract for the United States the right to use Babbitt's an ti- attrition metal 8 " Aug. 29, For the relief of Thomas Brownell - - - - 8 " Aug. 29, For the relief of Henry Fry - - - - , 9 " Aug. 29, For the relief of the legal representatives of Henry Eckford, deceased - 9 "' Aug. 29, For the relief of Isaac Hull ... - - 9 " Aug. 31, To re-organize the navy department of the United States - 10 " Aug. 31, Concerning professors of mathematics in the navy of the United States - 12 " Aug. 31, To authorize the construction of a depot for charts and instruments of the navy of the United States - - 1 2 " Aug. 31, To regulate the appointment and pay of engineers in the navy of the U. S. - 13 1843, Jan. 20, To continue the office of commissioner of pensions - - 14 u Jan. 28, For the relief of Samuel Hambleton - ..15 " March 1, For the relief of Benj. J. Totten - - - 15 41 March 1, For the relief of Mary Crawford - - 15 " March 3, Making appropriations for the naval service for half the calendar year beginning the 1st day of January, and ending the 30th day of June, 1843, and for the fiscal year beginning the 1st day of July, 1843, arid ending the 30th day of June, 1844, (extracts) - 16 " March 3, To provide for carrying into effect the treaty between Great Britain, con- cluded at Washington on the 9th day of August, 1842, (extract) - 17 " March 3, Authorizing the examination and survey of the harbor of Memphis in Tennessee - 17 " March 3, To modify the act entitled " An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam," approved July 7th, 1838, (extract) - 17 " March 3, Making appropriations for the civil and diplomatic expenses of Govern- ment for the fiscal year ending 30th day of June, 1844, ( extract) - 18 " March 3, For the relief of the legal representatives of Robert T. Spence - 19 March 1 , For the relief of William Allen - - 20 " March 3, For the relief of Robert Ramsay - - 20 " March 3, For the relief of John Wolfenden - 20 " March 3, For the relief of Boyd Reilly - - *20 11. RESOLUTIONS. Approved. Page. 1841, Sept. 11, In relation to the purchase of domestic water rotted hemp for the use of the United States navy - .... 21 " Sept. 11, Making it the duty of the Attorney General to examine into the titles of the lands or sites for the purpose of erecting thereon armories, and other public works and buildings, and for other purposes - - 21 1842, Aug. 11, To authorize the commission appointed to prepare rules and regulations for the naval service to appoint a clerk - - - 22 " Aug. 31, Authorizing experiments to be made for the purpose of testing Samuel Colt's submarine battery, and for other purposes - - 22 1843, Feb. 1 8, To establish agencies for water rotted hemp - - - - 23 INDEX. Page. Africa, naval force to be employed on the coast of - - - - -17 Agencies, for purchase of hemp, to be established in Kentucky and Missouri f - - 23 Appropriation, for a home squadron - - - - '""-,' -I for payment of navy pensions - - - - - " 'W to pay for Stevens's iron war steamer - - - - -2 to supply a deficiency in the navy pension fund - - - 3 acts authorizing transfer of, repealed ... .-'"*'"' . 12 for building depot of charts and instruments / - - . / - 12 for floating dry dock at Pensacola - - - - -16 for examination of the harbor of Memphis, Tenn. - - - - 17 to pay for right to use Babbitt's anti-attrition metal - - - 18 for survey of the coast - - - - - - -18 for preserving specimens brought by exploring expedition - - - 1 9 for publishing account of discoveries by exploring expedition ' . . - 19 for conveying mails between Chagres and Panama - f,- - 19 to purchase Boyd Reilly's vapor bath - - - - - 20 Attorney General, to examine into the titles of all lands purchased by U. S. for navy yards, etc., 21 ; shall be aided by all officers of the U. S., 21 ; shall give an opinion of the validity of titles, 21 ; shall be assisted by district attorneys in examination of titles - 21 Boatswains, pay of - - - - - - : " ., Ty * "" - 6, 7 Bureaux, to be attached to the Navy Department - - - * - - 10 officers of, their duties and compensation f?'v*j, ( " ~ " 10, 11 Carpenters, pay of - - - - - , ; v. . 6, 7 Chagres and Panama, $1,000 appropriated for conveying mails - .- - - 19 Charts and instruments, building to be erected for depot of - - - - 12 Clerks, purser's, 6; in Navy Department and bureaux, 10, 11 ; to aid Secretary of the Navy in preparing rules and regulations - - - - - - 22 Clothing, bureau of provisions and, established - - - - - -10 purchases of, to be made with public money, 5 ; to be furnished by contract - 16 Coal heavers, Secretary of the Navy authorized to employ - - - - 13 depots of, to be established for steam ships of war - - - - 14 Coast, survey of, to be re-organized, and how conducted - - - - 18, 19 Commissioner of pensions, office of, continued - - - - - 14 Commissioners, board of navy, law to establish, repealed - * , ; - - 10 Construction, equipment and repair, bureau of, established - - 10 Contract to be made for printing account of discoveries by the exploring expedition - 4 Contracts to be made for provisions, clothing, hemp, and other materials - - - 1 6 Copper and iron boilers, relative strength of, to be examined - - - 18 Depot, of charts and instruments, to be built - - ?- ' -^ 12 naval, at Memphis, Tenn., survey to be made for - - ' . - - 1 7 Depots, for coal and other fuel, to be established - - ' - - - 1 4 Dry dock at Brooklyn, N. Y., not to be built without further examination, 3 ; floating, at Brooklyn, may be constructed, 3 ; in New York harbor, further expenditures to be sus- pended, expediency of using Croton water to be ascertained, and other plans examined, 16; floating, at Pensacola, 100,000 appropriated for - - - 16 IV. Page. Engineer in chief, to be appointed, his salary and duties - 13, 14 civil, for bureau of yards and docks - - - - - - 10 Engineers, chief and assistants, for each steam ship of war, to be appointed ; pay of; uniform ; rules and regulations for government of, to be made - . 13, 14 Equipment, bureau of construction, equipment and repair, established - 10 Examiners, board of three, to be appointed, to make trials of inventions to prevent explosion of steam boilers, etc , - ... 17 Experiments, $50,000 to be expended for, to test value of improvements in ordnance, con- struction of steamers, etc. - 2 Exploring expedition, account of discoveries to be prepared, with illustrations, and published by contract, 4 ; collections by, to be deposited in the Patent Office, 4 ; officers engaged in, to be allowed extra pay - - - 18 Firemen, Secretary of the Navy authorized to employ - - 13 Floating dry docks see Dry docks - 3, 16 Franking, privilege of, granted to chiefs of bureaux, 1 1 ; to the commissioner of pensions - 14 Groceries, etc., purchases of, to be made with public money - 5 Gunners, pay of - 6, 7 Hemp, to be hereafter furnished by contract, 1 6 ; domestic water-rotted, to be purchased, 21 ; agencies for inspection, etc., of, to be established in Kentucky and Missouri - 23 Home squadron, appropriation for 1 Hydrography, bureau of ordnance and, established - - - 10 Instruments, depot of charts and, building to be erected for - - 12 Iron war steamer, contract for, to be made with R. L. Stevens - 2 and copper boilers, relative strength of, to be examined - - 18 Jurisdiction, application to be made to State legislatures to cede - - 22 Lands, titles of see Attorney General - 21,22 Lieutenants, may be employed as clerks, with their own consent - - - 12 professors of mathematics shall mess with - - 12 Materials, for the use of the navy, to be furnished by contract - - - 16 Mathematics, professors of, shall mess with lieutenants - - - - 12 Medicine and surgery, bureau of, established ... - 1 Memphis, Tennessee, harbor of, to be surveyed for depot - - 17 Messengers, one allowed to each bureau - - 11 Midshipmen, no further appointments of, to be made until reduced to the number in service on the 1st of January, 1841, 3 ; shall not draw the spirit part of the ration - - 8 Navy commissioners, act to establish board of, repealed - - 10 books, records and papers, belonging to office of, to be distributed among the bureaux - 1 1 pensions see Pensions - - - 1> 2, 3, 4 Officers, number of, shall not be increased, until further order of Congress, 3 ; no purser shall advance or loan money or credit to, 6 ; performing duties of a higher grade, shall receive the pay, 7 ; commissioned, shall not draw the spirit part of the ration, 8 ; not above the grade of lieutenants, may be employed as clerks, 12 ; attached to exploring expedition, to be allowed extra pay, 18 ; board of, to re-organize coast survey - 18 Ordnance, $600,000 appropriated for purchase of- - - - - -2 $50,000 to be expended in testing improvements in - 2 and hydrography, bureau of, established - - 1 Pay, of pursers, 5 ; purser's clerks or assistants, 6 ; boatswains, gunners, carpenters, and sailmakers, 6, 7 ; engineers - - -13 V. Page. Pay, allowed, for performing duties of a higher grade ... rie 3 >n . 7 extra, to officers attached to late exploring expedition - - Mn ,>; - 18 and pension, no officer shall Teceive both, at same time - - wr^T/ 1, 2 Pension fund, deficiency in, supplied - - - - -3 Pensions, appropriation for payment of, 1,3; to widows and children, to cease at close of next session, 1 ; no officer shall receive pay and, at the same time, 1,2; act of March 3, 1837, repealed after July 1, 1842, 3, 4 ; to be regulated by pay as it existed on the 1st January, 1835, 4; unclaimed, not to be returned, until after 14 months - - - - - - - -4 office of commissioner of, continued ... wano - - 14 Professors of mathematics shall mess with lieutenants - - - - - 12 Provisions, daily allowance of, 7 ; may be diminished or varied, 8 ; shall be furnished by contract - - - - - - - - -16 and clothing, bureau of, established - - - - - -10 Pursers, shall not procure, or dispose of, stores, etc., for their own benefit, 5 ; pay of, 5 ; bonds of, not to be affected, 5 ; shall not advance or loan money or credit to officers, 6 ; may appoint a clerk, or assistant, 6 ; stores, shall be taken at a fair valuation - 6 Ration, one per day allowed to pursers, 5 ; to purser's clerks, 6 ; component parts of, 7 ; what articles may be substituted for others, 7 ; may be diminished or varied, 8 ; spirit part of, shall not be drawn by commissioned officers, midshipmen, or persons under 21, and may be relinquished by all others, 8 ; to engineers - - - - -13 Rules and regulations, for purchasing supplies, to be provided by the Executive, 5 ; to be laid before Congress, 6 ; for engineers, to be made by Secretary of the Navy, 14; tem- porary clerk to be employed, to aid in preparing - - - - - 22 Steam boilers, experiments to be made, of inventions and plans - - - - 18 copper and iron, relative strength of, to be reported on - - - 18 inventions of Easton, Campbell, Quimby, and others, to be tested - - 23 Steamer, war, 50,000 appropriated to test improvements in construction of - - 2 for harbor defence, to be contracted for with R. L. Stevens - - - 2 Steam ship of war, engineers to be appointed for each, 13 ; depots of coal, or fuel, to be es- tablished for ....--... H Stores, of every description, to be purchased with public moneys - - - 5 all pursers', to be taken at a fair valuation - - - - 6 Supplies, all purchases of, shall be made with public moneys - - - 5 Survey, of the harbor of Memphis, Tenn., to be made - - - - -17 coast, plan of, to be re-organized - - - - - - -18 Titles of lands see Attorney General - - - - - -21, 22 Transfer of appropriations, laws authorizing, repealed - - - . - 12 Travelling expenses, 10 cents per mile allowed to pursers for - - 5 Uniform, for engineers, to be prescribed - - - - - - -14 FOR THE RELIEF AND BENEFIT OF INDIVIDUALS. Allen, William, to be placed on navy pension list - - - - - 20 Babbitt's anti-attrition metal, purchase of patent right - - - - 8, 18 Brownell, Thomas, to be placed on navy pension list - - - - -8 Campbell, Ethan, invention of, to prevent explosion of steam boilers, to be tried - - 23 Colt, Samuel, facilities for testing submarine battery, to be rendered to . - 22 Crawford, Mary, to be allowed lieutenant's widow's pension - - - - 15 Easton, Thomas M. see Ethan Campbell - - - - . - 23 Eckford, Henry, rent of land at Sacket'* harbor, to be paid - - - - 9 Fry, Henry, to be placed on navy pension list - '- "* - - *^ - 9 VI. Page, Hambleton, Samuel, $970 81 allowed for office rent and clerk hire - - - 15' Hull, Isaac, amount paid to P. H. Green for timber, refunded - - - 9 McCauley, Francis G., the sum of $742 09 to be paid to % Quimby, Aaron see Ethan Campbell - - - - - - - 23 Ramsay, Robert, to be placed on navy pension list ... Reiliy, Boyd, patent right of, for application of gas, to be purchased - 20 Spence, Robert T., relieved from liability, to amount of $420 10, as security for G. K Spence, late purser Totten, Benjamin J., allowed pay as acting lieutenant in 1833 Wolfenden, John, annual pension of $108, for life, to be paid to 19 15 20 APPENDIX: CONTAINING THE LAWS RELATING TO THE NAVY, &c, PASSED BY THE TWENTY-SEVENTH CONGRESS. AN ACT making appropriation for the pay, subsistence, &c., of a Home 1841. squadron. Be it enacted by the Senate and House of Representatives of the United Slates of America in Congress assembled, That for the pay and subsistence, increase and repairs, medi- cines and contingent expenses, of two frigates, two sloops, two small vessels, and two armed steamers, to be employed as a Home squadron, the sum of seven hundred and eighty-nine f789,3io appro- thousand three hundred and ten dollars is hereby appropriated, pnated - to be paid out of any money in the Treasury not otherwise appropriated. APPROVED, August 1, 1841 . AN ACT to provide for the payment of Navy pensions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one hundred and thirty-nine thousand six $139,666 ocap hundred and sixty-six dollars and six cents is hereby appro- propm priated, to be paid out of any money in the Treasury not other- wise appropriated, for the payment of pensions and half-pay . * chargeable on the navy pension fund: Provided, That all Proviso; pen- widows or children of all naval officers, seamen, or marines, now deceased, and entitled to receive or make proof of their Jjfjg} pensions under the act of the third of March, eighteen hundred congress. and thirty-seven, shall receive the same until the close of the next Nowidoworchil session of Congress; but no widows or children of any naval offi- drenofanynavai cer, seaman, or marine, who may hereafter die, shall be entitled ofmanneT^ho to any pension by virtue only of any provision in the said act. *y e ntiS afler SEC. 2. And be it further enacted, That no officer, seaman, NO officer,' sea- or marine, entitled to a pension from the navy pension fund, who receives pay from the public treasury, shall receive more from the said fund than is sufficient to make the whole amount er and an officer received from both the above named sources equal to the pay in fixed by law for the grade to which the officer, seaman, or ma- 1842. rine may belong, as an officer in the services in which he may be engaged during the year, so that no officer shall receive pay at the same time, both as a pensioner and an officer in service. APPROVED, August 16, 1841. AN ACT making an appropriation for the purchase of naval ordnance and ordnance stores, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, $600,000 appro- That the sum of six hundred thousand dollars be paid, out of Ke d ordnance & nv moneys in the Treasury not otherwise appropriated, for 'ores ordnance the purpose of purchasing ordnance and ordnance stores for the use of the navy of the United States. secretary Navy SEC. 2. And be it further enacted, That the Secretary of the Navy is hereby authorized to apply a part of the sum here- m anc ^ hereby appropriated, not exceeding fifty thousand dol- lars, to the purpose of making experiments to test the value of improvements in ordnance, in the construction of steamers, and other vessels of war, and in other matters connected with the naval service and the national defence; and also to the pur- pose of defraying any charges left unpaid on account of expe- riments of the like character heretofore made by authority of law. APPROVED, September 11, 1841. AN ACT authorizing the construction of a war steamer for harbor defence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, secret of the That the Secretary of the Navy be, and he is hereby, author- Navy authorized ized to enter into contract with Robert L. Stevens for the con- R. Lste a ve l nrfor struction of a war steamer, shot and shell proof, to be built a war steamer, principally of iron, upon the plan of the said Stevens: Pro- Proviso . notto m receivin g And at other places 1,500 A t other places,*. On leave, or waiting orders, the same pay as surgeons. on leave. And it is hereby expressly declared, that the yearly pay pro- Yearly pay ai- vided in this act is all the pay, compensation, and allowance l^be^H^thek that shall be received, under any circumstances, by pursers, ex- compensation J . l i and allowance, cept one ration each per day, when attached to vessels for sea except, &c. service, and except also for travelling expenses when under orders, for which ten cents per mile shall be allowed. SEC. 4. And be it further enacted, That nothing in this Bonds heretofore act contained shall be construed to affect the bonds which have by V thir a ct. ffecten7 tl] n " ance shall be thus diminished, according to the scale of prices commander to wmc h is or may be established for the same; but a commander reporuhe neces- who shall thus make a diminution or variation, shall report to his commanding officer, or to the Navy Department, the ne- cessity for the same, and give to the purser written orders, spe- cifying particularly the diminution or reduction which is to be made. spirits not ai- SEC. 5. JLnd be it further enacted. That no commissioned lowed to persons ~, . , , . J under twenty- omcer or midshipman, or any person under twenty-one years of age, shall be allowed to draw the spirit part of the daily ra- iinqUish S sims re " t * on ' anc * a ^ otner persons shall be permitted to relinquish that part of their ration, under such restrictions as the President of the United States may authorize; and to every person who, by this section, is prohibited from drawing, or who may relinquish, the spirit part of his ration, there shall be paid, in lieu thereof, value to bepaid the value of the same in money, according to the prices which m money. are or mav be established for the same. ^ EC ' ^' ^ n( ^ ^ e ^ further enacted, That the provisions of this act shall go into effect in the United States on the first day of the succeeding quarter after it becomes a law, and in vessels abroad on the first day of the succeeding quarter after its official ACU? inconsist- receipt ; and any acts and parts of acts which may be contrary ent herewith re- * . * J . , , r . . /. i i n i S peaied. to, or inconsistent with, the provisions of this act, shall be, and are hereby, repealed. APPROVED, August 29, 1842. AN ACT authorizing the Secretary of the Navy to contract for the purchase, for the United States, the right to use Babbit's anti-attrition metal. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Authority to con- That the Secretary of the Navy be, and he hereby is, author- tract for the pur- ., / i i / i ! , i chase thereof, ized to contract for the purchase, from the proprietor of the pa- tented interest therein, for the United States, the right to use Babbit's anti-attrition metal in the construction of machinery and other work, subject to the ratification of Congress. APPROVED, August 29, 1842. AN ACT for the relief of Thomas Brownell. Be it enacted by the Senate and House of Representatives P eISon e of p |io a ^ ^* e ^ niteci States of America in Congress assembled, month, from the That the name of Thomas Brownell be placed upon the roll ocM84o! 827 ' te of navy pensioners, and that he be allowed and paid a pension of ten dollars per month, from the close of the year one thou- 1842. sand eight hundred and twenty-seven, to October, one thou- "~ sand eight hundred and forty, for a disability received by him while in the discharge of his duty as master on board the Law- rence, under Commodore Perry, in the year one^ thousand eight hundred and thirteen. APPROVED, August 29, 1842. AN ACT for the relief of Henry Fry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, author- Pension of $st ized and required to place the name of Henry Fry, of the city a) of Philadelphia, formerly a purser in the navy, on the list of invalid navy pensioners, and to pay him, at the rate of twenty dollars per month, to commence on the first of January, one thousand eight hundred and thirty-eight. APPROVED, August 29, 1842. AN ACT for the relief of the legal representatives of Henry Eckford, deceased. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be paid to the legal representatives of Henry Eck- TO be paid for ford, deceased, out of any money in the Treasury not otherwise Skinin V g e on e Hen- appropriated, the sum of three thousand seven hundred and ry.Eckford's pre i n i f 11 raises. eighty-three dollars and ninety-seven cents, in full payment and satisfaction for any claims they, or the said Henry Eckford had, or may have, on account of the United States vessels New Orleans and Chippewa being suffered to remain on the prem- ises of the said Henry Eckford, for any length of time anterior to the first day of January, eighteen hundred and forty-two; and a further sum, at the rate of one hundred and ninety-one dollars sixty-two and one half cents, as long as the said United States vessel New Orleans shall remain at Navy Point. APPROVED, August 29, 1842. AN ACT for the relief of Isaac Hull. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury pay to Captain Isaac Hull, TO be paid $504 of the United States navy, out of any money in the Treasury ^^^ him not otherwise appropriated, the sum of six hundred and four dollars and eighty -four cents, being the amount paid by said Isaac Hull to Peter H. Green for certain live-oak timber, by order from the Navy Commissioners. APPROVED, August 29, 1842. 2 10 1842. AN ACT to reorganize the Navy Department of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, isis re- That the act, approved February seventh, eighteen hundred and fifteen, entitled "An act to alter and amend the several acts for establishing a Navy Department, by adding thereto a board of commissioners," be, and the same is hereby, repealed. Bureaus to be SEC. 2. And be it further enacted, That there shall be at- N l av c y hed Depart- tached to the Navy Department the following bureaus, to wit: nem. 1. A bureau of Navy Yards and Docks. 2. A bureau of Construction, Equipment, and Repair. 3. A bureau of Provisions and Clothing. 4. A bureau of Ordnance and Hydrography. 5. A bureau of Medicine and Surgery. chiefs of the bu- SEC. 3. And be it further enacted, That the President of pouuedhow. ap ~ the United States, by and with the advice and consent of the Senate, shall appoint, from the captains in the naval service, a chief for each of the bureaus of navy yards and docks, and of ordnance and hydrography, who shall each receive a salary of three thousand five hundred dollars per annum, in lieu of all other compensation whatever in the naval service; and shall, in like manner, appoint a chief of the bureau of construction, equipment, and repairs, who shall be a skilful naval constructor; and shall also appoint a chief of the bureau of provisions and clothing, who shall each receive for his services three thousand dollars per annum; and shall, in like manner appoint, from the surgeons of the navy, a chief of the bureau of medicine and surgery, who shall receive for his services two thousand five hundred dollars per annum. secretary of the SEC. 4. And be it further enacted, That the Secretary of the vy fcno^ing nt tne Navy shall appoint the following clerks, to wit: cl office for o t f e the For the office of Secretary of the Navy a chief clerk, who secretary of the shall receive for his services two thousand dollars per annum ; one registering clerk, who shall receive for his services one thousand four hundred dollars per annum ; three recording clerks, who shall receive for their services each one thousand dollars per annum ; one principal corresponding clerk, who shall receive for his services one thousand five hundred dollars per annum ; and two assistant corresponding clerks, who shall receive for their services each twelve hundred dollars per an- num ; one warrant clerk, who shall receive for his services twelve hundred dollars per annum; and one miscellaneous clerk, who shall receive for his services eight hundred dollars per annum. Bureau of Navy For the bureau of navy yards and docks one civil engineer, Yards ami Docks, wno shall receive for his services two thousand dollars per an- num; one draughtsman, who shall receive for his services one thousand dollars per annum ; one chief clerk, who shall receive for his services one thousand four hundred dollars per annum ; 11 and two assistant clerks, one of whom shall receive for his ser- 1842. vices one thousand dollars per annum, and the other shall re- "" ceive for his services eight hundred dollars per annum. For the bureau of construction, equipment, and repairs, one Bureau of Cun- assistant constructor and draughtsman, who shall receive for his Sem^and^re- services the sum of one thousand six hundred dollars per an- pairs> num ; and four clerks, one of whom shall receive for his ser- vices fourteen hundred dollars per annum, and the others shall receive for their services one thousand dollars per annum each. For the bureau of provisions and clothing, one chief clerk, Bureau of Pro- who shall receive for his services one thousand four hundred yj^ns and cloth- dollars per annum ; and two clerks, one of whom shall receive for his services one thousand two hundred dollars per annum, and the other shall receive for his services eight hundred dollars per annum. For the bureau of ordnance and'hydrography, one draughts- Bureau of ord- man, who shall receive for his services one thousand dollars per dro g C raphy, d and y " annum ; and three clerks, one of whom shall receive for his services twelve hundred dollars per annum, and the others shall receive for their services one thousand dollars per annum each. For the bureau of medicine and surgery two clerks, one of Bureau of aied- whom shall receive for his services twelve hundred dollars per j^f attd Sur - annum, and the other shall receive for his services eight hundred dollars per annum ; and one assistant surgeon, who shall receive for his services not less than the highest pay of his grade in the service. SEC. 5. And be it further enacted, That the Secretary of Duties to be df- the Navy shall assign and distribute among the said bureaus Je b^aus." 1 8 such of the duties of the Navy Department as he shall judge to be expedient and proper; and all the duties of the said bu- TO be performed reaus shall be performed under the authority of the Secretary "f the secretary of the Navy, and their orders shall be considered as emanating of the Nav ^ &c - from him, and shall have full force and effect as such. SEC. 6. And be it further enacted, That there shall be al- Messenger*. lowed to each bureau a messenger, who shall receive for his services a compensation not exceeding seven hundred dollars per annum. SEC. 7. And be it further enacted, That the chief of each Franking prm- bureau hereby established, shall be authorized to frank all com- le e - munications from his bureau ; and all communications to his bureau, on the business thereof, shall be free of postage. SEC. 8. And be it further enacted, That the books, records, Papers of the and papers, now belonging to the office of the Navy Commis- Jfonew offiSTuj sioners, shall be distributed among the bureaus, according to be distribut d - the nature of their duties respectively ; and the Secretary of the Navy is hereby authorized to provide for each bureau such stationery to he books of record and accounts, and such stationery, as may be found necessary ; for which purpose the sum of three thousand five hundred dollars is hereby appropriated, payable out of any moneys in the Treasury not otherwise appropriated. 12 1842. SEC. 9. And be it further enacted, That the unexpended ^ a ^ ance ^ tne appropriation for clerks in the office of the Secretary of the Navy, and the unexpended balance of the ap- propriation for the Commissioners of the Navy, their secretary, and clerks, together with such additional sum as may be neces- sary to carry this law into effect, be, and the same are hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated. officers, not SEC. 10. And be it further enacted, That the Secretary of !f 0ve iieSt e en g ant d s e , tne Navy shall, if the same can be done without detriment to corwen^be^a" tne P u ^^ c service, appoint, with their consent, officers of the pointed' to 6 the navy, not above the grade of lieutenants, to perform the duties of any clerkship created by this act, (except as herein otherwise provided,) who shall receive each for their services not more than nine hundred dollars per annum, including their regular pay and rations ; but the appointment of any officer in the navy to any of the offices or clerkships in this act, shall in no man- ner whatever interfere with his grade in the service. Authority to SEC. 11. And be it further enacted, That all acts or parts Eom f one TppS of acts authorizing the President of the United States, or the pnation to ano- Secretary of the proper Department, under his direction to refates to theVa- transfer any portion of the moneys appropriated for a particular repea?e e d. artmem ' branch of expenditure in that department, to be applied to another branch of expenditure in the same department, be, and are hereby, so far as relates to the department of the navy, repealed. APPROVED, August 31, 1842. AN ACT concerning professors of mathematics in the navy of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Entitled to mess That professors of mathematics in the navy of the United States 2? ISre^S sna11 be entitled to live and mess with the^lieuteriants of sea- tiouumich. going and receiving vessels, and shall receive such rations as lieutenants of the same ship or station shall receive. APPROVED, August 31, 1842. AN ACT to authorize the construction of a depot for charts and instruments of the navy of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. secretary of the That the Secretary of the Navy be, and he is hereby, author- tiierefor contract ized to contract for the building of a suitable house for a depot of charts and instruments of the navy of the United States, on cost limited to a plan not exceeding in cost the sum of twenty-five thousand S 25 ' 000 ' dollars. $10,000 appro- SEC. 2. And be it further enacted, That the sum of ten thousand dollars be, and the same is hereby, appropriated, out 13 of any money in the Treasury not otherwise appropriated, to- 1842. wards carrying this law into effect. SEC. 3. And be it further enacted, That the said establish- Location, ment may be located on any portion of the public land in the District of Columbia which the President of the United States may deem suited to the purpose. APPROVED, August 31, 1842. AN ACT to regulate the appointment and pay of engineers in the navr of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy shall appoint the requisite num- Engineers to be ber of chief engineers and assistant engineers, not to exceed one I^JSiJj of the chief engineer, two first assistant, two second assistant, and three Navy. third assistant engineers for each steam ship of war, for the na- Number allowed, val service of the United States, who shall be paid, when in actual service, as follows: To the chief engineer, fifteen hundred dollars per annum and pay in service, one ration per day; to the first assistant engineer, nine hundred &c * dollars per annum and one ration per day ; to the second as- sistant engineer, seven hundred dollars per annum arid one ra- tion per day; to the third assistant engineer, five hundred dol- lars per annum and one ration per day; the chief engineer shall be entitled to mess in the ward room of ships of war, and in all cases of prize money he shall share as a lieutenant; the first assistant engineer shall share as a lieutenant of marines; the second assistant engineer shall share as a midshipman ; the third assistant engineer shall share as the forward officers ; but neither the chief nor the assistant engineers shall hold any other rank than as engineers. SEC. 2. And be it further enacted, That the Secretary of Firemen and coa* the Navy shall be authorized to enlist and employ the requisite S[ er8 author ~ number of firemen, who shall receive, each, thirty dollars per month and one ration per day ; and the requisite number of coal heavers, who shall receive, each, eighteen dollars per month and one ration per day ; and the said firemen and coal heavers shall, in all cases of prize money, share as seamen. SEC. 3. And be it further enacted, That the said chief en- Pay of engineer* gineer and assistant engineers, when waiting orders, shall be waiting or< paid as follows : to the chief engineer, twelve hundred dollars per annum ; to the first assistant engineer, seven hundred dol- lars per annum ; to the second assistant engineer, five hundred dollars per annum; to the third assistant engineer, three hun- dred and fifty dollars per annum. SEC. 4. And be it further enacted, That the Secretary of Engineer in chief the Navy shall appoint a skilful and scientific engineer in chief, lo be a PP inted< who shall receive for his services the sum of three thousand 14 1843. dollars per annum, and shall perform such duties as the Secre- ~ tary of the Navy shall require of him touching that branch of the service. Uniform for en- SEC. 5. And be it further enacted. That the Secretary of gineers, arid rules I-VT ini \ -> -i <* /. , J . -. for their govern- the Navy shall be authorized to pVescnbe a uniform for the said scribed be pre ~ CQ ^f engineers and assistant engineers, and to make all neces- sary rules and regulations for the proper arrangement and gov- ernment of the corps of engineers and assistant engineers, not inconsistent with the constitution and laws of the United States. The sa '^ engineers and assistant engineers shall be, in all re- spects, subject to the laws, rules, and regulations of the naval service, in like manner with other officers of the service. Engineers, how SEC. 6. And be it further enacted, That the said chief en- gineers shall be appointed by commission, and the assistant en- gineers shall be appointed by warrant from the Secretary of the Navy, in such form as he may prescribe. Depots of coal SEC. 7. And be it further enacted, That the Secretary of authorized. ^ j\j av y D6) an( j ne j s hereby, authorized to establish, at such places as he may deem necessary, suitable depots of coal, or other fuel, for the supply of steam ships of war. APPROVED, August 31, 1842. AN ACT to continue the office of Commissioner of Pensions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, office continued That the office of Commissioner of Pensions shall be, and the until 4th March, game j g hereby, continued until the fourth of March, one thou- sand eight hundred and forty-six. A commissioner SEC. 2. And be it further enacted, That a Commissioner o f Pensions shall be appointed by the President of the United States, by and with the consent of the Senate, and that he shal! execute, under the direction of the Secretary of War and the Secretary of the Navy, such duties in relation to the various pension laws as may be prescribed by the President; and also such duties in relation to the laws granting military bounty lands as may be assigned to him by the Secretary of War, with the sanction of the President. Allowed a saia- SEC. 3. And be it further enacted, That the said Commis- tLfraSfng' P riv- s i ner sna ^ receive an annual salary of two thousand five hun- ile g e - dred dollars, and shall have the privilege of sending and receiv- ing letters and packets by mail free of postage. APPROVED, January 20, 1843. 15 AN ACT for the relief of Samuel Hambleton. 1843. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he hereby is, auihori- An account of zed to cause to be settled the account of Samuel Hambleton, be seuied) n and for office rent and clerk hire while he was on duty as purser in the navy yard at Pensacola, in the years 1826, 1827, 1828, and 1829; and, in such settlement, to cause to be allowed to him at the rate of $600 a year for clerk hire, and $350 for house rent and office rent, from the 21st day of August, 1826, until sufficient accommodations were put up by trie Govern- ment, at the said navy yard, for the accommodation of the purser with house and office room : Provided, That no greater sum shall be allowed, as a balance due to said Hambleton, on such settlement than $970 81 ; and the Secretary of the Treasury is hereby authorized to pay to the said Samuel Hambieton such balance as may be found due to him on such settlement, out of any money in the Treasury not otherwise appropriated. APPROVED, January 28, 1843. AN ACT for the relief of Benjamin J. Totten. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be allowed and paid to Benjamin J. Totten, of the To be paid for United States Navy, out of any mojiey in the Treasury not J5j ce ; ieut j otherwise appropriated, the difference of compensation between sKf navy? a sailing master and a lieutenant in the navy, for the period during which said Totten acted as lieutenant on board of the United States schooner Dolphin, in the year 1833, by the tem- porary appointment of J. C. Long, commander; said Totten furnishing to the Navy Department satisfactory evidence of the fact. APPROVED, March 1, 1843. AN ACT for the relief of Mary Crawford. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Mary Crawford, widow of David Ross Crawford, late of Allowed a pen- the United States Navy, be placed on the roll of pensioners, sion - and that there be paid to her such sum, as an annual pension, as she would have been entitled to receive had her late husband been a lieutenant in the service at the time of his death. APPROVED, March 1, 1843. 16 1843. AN ACT making appropriations for the naval service for the half calendar year beginning the 1st day of January and ending the 30th day of June, 1843; and for the fiscal year beginning the 1st day of July, 1843, and ending the 30th day of June, 1844. [EXTRACTS.] Dry dock at And the Secretary of the Navy is hereby directed to cause an examination to be made of the expediency, practicability, and probable expense of constructing a dry dock in the harbor of New York upon the plan of using, as an elevating power, the water of the Croton aqueduct, and of sufficient capacity to rebuild or repair a seventy-four gun-ship, and to cause an ex- amination of any other plan or plans of a dry dock or floating dock in said harbor, deemed worthy by the Secretary to be re- ported upon, and to report the result of such examination, with his opinion thereon, to the next session of Congress. And all further expenditures under the appropriations heretofore made for the dry dock in said harbor shall be suspended until the first day of January next; and the sum of $100,000 shall be, and the same hereby is, appropriated for the construction of a Dry dock at floating dry dock at Pensacola, of capacity sufficient for the Pensacoia. repair of frigates of the smaller class, and upon such plan as the Secretary of the Navy shall approve. Proviso: mate- Provided, That all provisions and clothing, hemp, and Sdt f he tran n spo?- ot ^ er materials of every name and nature, for the use of the thereof, to navy, and the transportation thereof, when time will permit, by shall hereafter be furnished by contract by the lowest bidder, as follows : the Secretary of the Navy shall advertise once a week for at least four weeks, in one or more of the principal papers published in the place where such articles are to be fur- nished, for sealed proposals for furnishing such articles, or the whole of any particular class of articles, specifying in such ad- vertisement the amount, quantity, and description of each kind of articles to be furnished ; and all such proposals shall be kept sealed until the day specified in such advertisement for open- ing the same, when they shall be opened by or under the di- rection of the officer making such advertisement, in the presence of at least two persons; and the person offering to furnish any class of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for fur- nishing the same: and in case the lowest bidder shall fail to enter into such contract and give such security within a rea- sonable time, to be fixed in such advertisement, then the con- tract shall be given to the next lowest bidder, who shall enter into such contract and give such security ; and that all such bids or proposals shall be preserved and recorded, and reported to Congress at the commencement of every regular session ; and the same shall contain a true and faithful abstract of all offers made, embracing as well those which are rejected as those which are accepted ; the said abstract shall embrace the ir names of the party or parties offering, the terms proposed, the 1843. sums demanded, and the length of time the agreement is to continue. And, in case of a failure to supply the articles, or to perform the work, by the person entering into such contract, he and his sureties shall be liable for the forfeiture specified in such contract, as liquidated damages, to be sued for in the name of the United States, in any court having jurisdiction thereof. APPROVED, March 3, 1843. AN ACT to provide for carrying into effect the treaty between the United States and Great Britain, concluded at Washington on the ninth day of Au- gust, one thousand eight hundred and forty-two. [EXTRACT.] SEC. 6. And be it further enacted, That it shall be the a * to ap duty of the President of the United States, in execution of the piled to the provisions of the eighth article of said treaty, to apply so much vMons of the naval appropriations as may be necessary therefor, to the artlcle - preparation, equipment, and maintenance of the naval force therein stipulated to be employed on the coast of Africa by the United States. APPROVED, March 3, 1843. > AN ACT authorizing an examination and survey of the harbor of Memphis, in Tennessee. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authori- , Examination -., ,' , . i / i nn d survey to be zed to cause to be made an examination and survey of the made with a view harbor of Memphis, in Tennessee, in reference to the expedi- Selu ency of establishing a naval depot and yard for the building de P ot - and repairing steam-ships and other vessels of war at that place, and that he report to Congress the result of such examination and survey; and that the sum of three thousand dollars be, Appropriation and the same is hereby, appropriated out of any money in the *' Treasury unappropriated, to defray the expenses of such ex- amination and survey. APPROVED, March 3, 1843. *v^* LJU84 AN ACT to modify the act entitled " An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam,*' approved July 7, 1838. [EXTRACT.] SEC. 5. And be it further enacted, That in execution of Experimental the authority vested in him by the second section of the joint f resolution " authorizing experiments to be made for the pur- pose of testing Samuel Colt's sub-marine battery, and for other purposes," approved August 31, 1842, the Secretary of the Navy shall appoint a board of examiners, consisting of three o 18 1843. persons, of thorough knowledge as to the structure and use of "" the steam engine, whose duty it shall be to make experimental trials of such inventions and plans designed to prevent the ex- plosion of steam boilers and collapsing of flues, as they may deem worthy of examination, and report the result of their ex- periments, with an expression of their opinion as to the relative merits and efficacy of such inventions and plans ; which report the Secretary shall cause to be laid before Congress at its next session. It shall also be the duty of said examiners to examine and report the relative strength of copper and iron boilers of equal thickness, and what amount of steam to the square inch, when sound, is capable of working with safety; and whether hydrostatic pressure, or what other plan, is best for testing the strength of boilers under the inspection laws ; and what limi- tations as to the force or pressure of steam to the square inch, in proportion to the ascertained capacity of a boiler to resist, it would be proper to establish by law for the more certain pre- vention of explosions. APPROVED, March 3, 1843. AN ACT making appropriations for the civil and diplomatic expenses of Government for the fiscal year ending the 30th day of June, 1844. [EXTRACTS.] Purchase of For payment to Isaac Babbitt, of Boston, in execution of a ?"* 1 " contract made with him by the Secretary of the Navy for the purchase of Babbitt's "anti-attrition metal," pursuant to the act of Congress of the 29th of August, 1842, twenty thousand dollars; and the accounting officers of the Treasury are hereby authorized and directed, in the settlement of the accounts of Extra pay to the officers attached to the late surveying and exploring expe- pSrhig^expe^i- dition to the Pacific ocean and the South seas, who were em- tion. ployed in the scientific duties, to allow and credit them with extra pay, equal to that allowed to the officers engaged in the service of the coast survey. Coast Burvej. For survey of the coast of the United States, including com- pensation of superintendent and assistants, one hundred thous- proviso relative and dollars i Provided, That this and all other appropriations c arryr ng m it de thereafter to be made for this work, shall, until otherwise pro- &c - ' vided by law, be expended in accordance with a plan of re-or- ganizing the mode of executing the survey, to be submitted to the President of the^ United States by a board of officers, which shall be organized by him, to consist of the present superinten- dent, his two principal assistants, and the two naval officers now in charge of the hydrographical parties, and four from among the principal officers of the corps of topographical engi- neers ; none of whom shall receive any additional compensa- tion whatever for this service, and who shall sit as soon as or- ganized. And the President of the United States shall adopt and cany into effect the plan of said board, as agreed upon by 19 a majority of its members ; and the plan of said board shall 1843. cause to be employed as many officers of the army and navy ~ of the United States as will be compatible with the successful prosecution of the work; the officers of the navy to be employ- ed on the hydrographical parts, and the officers of the army on the topographical parts of the work ; and no officer of the army or navy shall hereafter receive any extra pay, out of this or any future appropriations for surveys. To defray the expenses of taking care of and preserving the Botanical and botanical and horticultural specimens brought home by the squadron of the Exploring Expedition, under the direction and h j||j control of the joint committee on the Library, twelve hundred Son!" 8 dollars. For preparing and publishing charts, and otherwise carrying ^Jjfj 8 / ^ into effect the act of August 26, 1842, for publishing an ac- tkm m count of the discoveries of the Exploring Expedition, under the supervision and direction of the Joint Committee on the Library, twenty thousand dollars. For defraying the expenses attending the conveyance and Transmission of forwarding by land, and of the receipt and delivery of mails, letters and despatches, at and between Chagres and Panama, including the compensation to an agent of the United States at each of said places for the above purposes, one thousand dol- lars, to be expended under the direction of the Secretary of State. APPROVED, March 3, 1843. AN ACT for the relief of the legal representatives of Robert T. Spence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he hereby is, au- A credit of ^420 thorized to allow to the legal representative of Robert T. Spence a credit of $420 10, with interest on $245 10 thereof from the time that the United States calculated and recovered interest in the judgment obtained by them against the said representative, on account of the liability of her intestate as security of G. K. Spence, -on a balance appearing upon the books of the Treasury Department to be due from the said G. K. Spence for treasury notes by him received in 1815, and like interest on $175 thereof from the same time, provided that time be not anterior to the ninth day of November, 1819 ; and if it be, then from the said 9th day of November, 1819, upon a judgment in favor of the United States, and against the said representative, in a suit upon a bond executed by her intestate, as the security of the said G. K. Spence. APPROVED, March 3, 1843. 20 1843. AN ACT for the relief of William Allen. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Pension, $5 a That the Secretary of the Navy place the name of William womb. Allen, of Portland, in the State of Maine, on the roll of invalid pensioners, at the rate of five dollars per month, to commence on the 1st day of January, 1839, and to be continued so. long as said Allen's disability shall continue to be total. APPROVED, March 1, 1843. AN ACT for the relief of Robert Ramsay. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, pension, $5 a That the Secretary of the Navy be, and he is hereby, required to place the name of Robert Ramsay on the roll of navy pen- sioners, and to pay him a pension, at the rate of five dollars per month, to commence and be computed from the 30th day of December, 1827. APPROVED, March 3, 1843. An ACT for the relief of John Wolfenden. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TO be paid an- That there be paid to John Wolfenden, out of the Treasury, from anv moneys not otherwise appropriated, a sum of money, annually, equal to the amount paid at the naval asylum at Philadelphia, for the support of a seaman in the service of the United States, but not exceeding one hundred and eight dol- lars; said payment to be made semi -yearly, and to continue during the life of said John Wolfenden. APPROVED, March 3, 1843. AN ACT for the relief of Boyd Reilly. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Purchase of the That the Secretary of War and the Secretary of the Navy be, i?my to a?d ^avy an( * tnev are hereby, authorized and instructed to receive from B. Reiiiy's appa- Boyd Reilly his patent right for the use of the different forms ratus for the ap- /. J . * -, , , . ., , plication of vapor of apparatus invented by him for the application of gas, or tem h , e auS"zed?" vapor of any description, to the human system, which are at present in use, or may at any time hereafter be introduced into the hospitals of the army, the navy, and the penitentiary of the United States, and on board of the national shipping; and also to settle the amount of compensation due to him, on principles of equity the sum awarded to be charged in equal proportions to the contingent expenses of the army and navy, or to hospital expenditures of each service provided the same shall not ex- ceed (he sum of five thousand dollars. APPROVED, March 3, 1843. 21 1841. RESOLUTIONS. A RESOLUTION in relation to the purchase of domestic water-rotted hemp for the use of the United States navy. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That purchase of do- the Secretary of the Navy be, and he hereby is, directed .to nilempTr'the purchase domestic water-rotted hemp for the use of the United navy, directed. States navy, so far as the same shall be found of suitable qual- ity, and can be used beneficially to the service, having regard to the cost, strength, and durability of the article; and for that purpose shall cause purchases of such hemp to be made in the hemp growing regions of the Union. SEC. 2. And be it further resolved, That this joint resolu- ^This resolution tion shall be and remain in force for the period of seven years forTyears 1 . 11 from the passing thereof. APPROVED, September 11, 1841. JOINT RESOLUTION making it the duty of the Attorney General to exam- ine into the titles of the lands or sites for the purpose of erecting thereon armories, and other public works and buildings, and for other purposes. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Attorney general it shall be the duty of the attorney general of the United States amSon^ndre- to examine into the titles of all the lands or sites which have port to the Presi- been purchased by the United States for the purpose of erect- dent * ing thereon armories, arsenals, forts, fortifications, navy-yards, custom-houses, light-houses, or other public buildings of any kind whatever, and report his opinion as to the validity of the title in each case to the President of the United States. 2. Resolved ', That it shall be the duty of all the officers of Title papers to the United States, having any of the title papers to the property aforesaid in their possession, to furnish them forthwith to the attorney general, to aid him in the investigation aforesaid. 3. Resolved, That no public money shall be expended upon Public money any site or land hereafter to be purchased by the United States edVn any s^or for the purposes aforesaid, until the written opinion of the at- 'u^hase^Tntif torney general shall be had in favor of the validity of the title, &c. and also the consent of the Legislature of the State in which the land or site may be, shall be given to said purchaser. 4. Resolved, That it shall be the duty of the district attor- District Attor- neys of the United States, upon the application of the attor- Sa*. fumisb ney general, to furnish any assistance or information in their power in relation to the titles of the public property aforesaid lying within their respective districts. 5. Resolved, That it shall be the duty of the Secretaries of secretaries of the the Executive departments, upon the application of the attor- ney general, to procure any additional evidence of title which he may deem necessary, and which may not be in the posses- 22 1842. sion of the officers of Government; the expense of procuring ~ which to be paid out of the appropriations made for the con- tingencies of the departments respectively. secretaries of 6. Resolved, That it shall be the duty of the Secretaries of Departments" 11 !!; tne Executive departments, respectively, under whose direction apply to the state an y lands for the purposes aforesaid may have been purchased, Legislatures for J , , . , / J \ . , ~ , J . * . , junsdiction over and over which the United States do not possess jurisdiction, aid lands, & c . ^ Q a ppjy to t ne legislatures of the States in which the lands are situated for a cession of jurisdiction; and, in case of refusal, to report the same to Congress at the commencement of the next session thereafter. APPROVED, September 11, 1841. JOINT RESOLUTION to authorize the commission, appointed to prepare rules and regulations for the naval service, to appoint a clerk. Resolved by the Senate and House of Representatives of Employment of the United States of America in Congress assembled. That tne Secretary of the Navy be, and he is hereby, authorized, agreeably to his request, to employ a temporary clerk for the purpose of aiding the attorney general and himself in carrying into effect the resolution of the twenty-fourth May, eighteen hundred and forty-two, which requires of them the preparation of rules and regulations for the navy. APPROVED, August 11, 1842. JOINT RESOLUTION authorizing experiments to be made for the purpose of testing Samuel Colt's submarine battery, and for other purposes. Resolved by the Senate and House of Representatives of secretary of the tne United States of America in Congress assembled ', That Mr V coff r ir^ er tne Secretary of the Navy be, and he is hereby, instructed to to r testhistubma- render Mr. Samuel Colt facilities to test his submarine battery, report^to^bon- to an extent which will settle the questions whether these or 8 ress> any other plan can, with ease and safety, successfully be em- ployed as a power sufficient to destroy the largest class of ships of war when in motion passing in or out of harbor, without the necessity of approach within reach of shot from guns of the largest caliber; and whether continued operations of the de- struction of one or more vessels can be effected with renew- ing the means under exposure of an advancing squadron ; and whether the same can be used for the defence of a harbor with- out endangering the passage in or out of other than hostile vessels, and that he report, at the next session of Congress, the Proviso: sum expense and result of these experiments : Provided, That the . 10 amount so expended does not exceed the sum of fifteen thou- sand dollars, to be taken from the fund appropriated by the act of eleventh of September, eighteen hundred and forty-one, for experiments connected with the naval service of the United States. 23 SEC. 2. And be it further resolved, That the Secretary of 1843. the Navy be, and he is hereby, authorized to make such expe- Trial of rimental trial of the several inventions of Thomas M. Easton, Ethan Campbell, Aaron Q,uinby, or either of them, or of other persons, to prevent the explosion of steam boilers, as may be necessary to test their value and utility as applicable for the purpose aforesaid to the steam ships of the United States; and (HWa the sum of six thousand dollars is hereby appropriated therefor aufd. appropn ~ out of the fund heretofore named. APPROVED, August 31, 1842. JOINT RESOLUTION to establish agencies for water-rotted hemp. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That Agencies to b the Secretary of the Navy be, and he is hereby, authorized to Kentucky 3 and establish an agency in the State of Kentucky, and an agency Misaouri ' in the State of Missouri, for the inspection, test, and purchase of water-rotted hemp for the use of the American navy : Pro- videdj That domestic hemp shall not cost more than foreign hemp of the same quality in the seaport towns of the United States. APPROVED, February 18, 1843.