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president of the united states : And the president of the united states shall be, and is hereby autliorized to continue the inlistment of marines, until the said corps shall be complete ; and of himself, to appoint the commissioned officers, whenever, in the recess of the sepate, an appointment shall be necessary. And the inlistments, which shall be made by virtue hereof, may be for the term of three years, subject to be discharged by the president of the united states, or by the ceasing or repeal of the laws providing for the naval armament. And if the marine corps, or any part of it, shall be ordered by the president to do duty on shore, and it shall become necessary to appoint an adjutant, pay maser, quarter master, serjeant-major, quarter-master serjeant, and drum and fife-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, serjeants and music, respec. tively, who shall be entitled, during the time they shall do such duty, to the saine extra pay and emoluments, which are allowed by law, to officers acting in the same capacities in the infantry.
3. SECT. III. The detachments of the corps of marines hereby authorized, shall be made in lieu of the respective quotas of marines, which have been established or authorized for the frigates, and other arned vesseis and gallies, which shall be employed in the service of the unitcai 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 contrary hereof notwithstanding.
4. Sect. IV. The officers, non commissioned officers, privates and musicians aforesaid, shall take the same oath, and shall be governed by the same rules and articles of war, as are prescribed for the military establishment of the united states, and by the rules for the regulation of the navy, heretofore, or whichi 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 of wounds or disabilities, accordins to their respective ranks, as are granted by the act “to ascertain and fix the military establishment of the united states.*
5. Sect. V. The non commissioned officers, musicians, seamen and marines who are or shall be inlisted into the service of the united staies ; and the non commissioned officers and musicians, who are or shall be inlisted into the army of the united states, shall besi and they are hereby exempted, during their term of service, from all personal arrests, for any delt or contract.
6. Sect. VI. The marine corps, established by this act, shall, at any time, be liable to do duty in the forts and garrisons of the united states, on the sea coast, or apy other duty on shore, as the president at his discretion shall direct.
ACT of March 2, 1799. (Vol. IV. p. 498.) 7. The president of the united states shall be, and he is hereby ana thorized to cause the marine corps in the service of the united states
* See Vol. III. 7. 338. This act is repealed, but see Army 18, 19.
to be augmented, by the appointment and inlistment of not exceeding two first lieutenants, six second lieutenants, eight surgeons, one hundred and seventy privates, and eighteen drums and fifes, who shall le respectively allowed the same pay, bounty, clothing and rations, and shall be employed under the same rules and regulations to which the said-marine corps are or shall be entitled and subject.
ACT of April 22, 1800. (Vol. V. p. 93.) 8. A lieutenant-colonel commandant shall be appointed to command the corps of marines, and shall be entitled to the same pay and emoluments as a lieutenant-colonel in the army of the united states ; any thing in the act for the establishing and organizing a marine corps to the contrary notwithstanding ; and the office of major of the said corps shall thereafter be abolished. (See Army 9.]
ACT of February 25, 1799. (Vol. IV. p. 257.) 9. Sect. I. All the vessels in the service of the united states, mountingtwenty guns and upwards, shall be commanded by captains--those not exceeding eighteen guns (except gallies, which are to be commanded, as heretofore provided by law). by masters or lieutenants, according to the size of the vessel, to be regulated by the president of the united states.
10. SECT. II, Thepay of captains commanding ships of thirty-two guns and upwards, shall be one hundred dollars per month, and eight rations per day ; of captains commanding ships of twenty and under thirtytwo guns, seventy-five dollars per month, and six rations per day ; of a master commandant, sixty dollars per month, and five rations per day; and of lieutenants, who may command the smaller, vessels, fifty col. lars per month, and four rations per day.
11. SECT. III. Whenever any officer, as aforesaid, shall be employed in the command of a squadron, on separate service, the allowance of rations to such commanding officer shall be doubled during the continuance of such command, and no longer, except in the case of the commanding officer of the navy, whose allowance, while in service, shall always be at the rate of sixteen rations per day.
ACT of February 25, 1799. (Vol. IV. p. 266.) : 12. Two docks, for the convenience of repairing the public ships
and vessels shall be erected in suitable places, under the direction of the president of the united states, and the sum of fifty thousand dollars shall be appropriated towards effecting this object, to be paid out of any monies in the treasury of the united states, not otherwise appropriated,
ACT of February 25, 1799. (Vol. IV. p. 267.) 13. The president of the united states shall be, and he is hereby authorized to direct a suin not exceeding two hundred thousand dollars, to be paid out of any monies in the treasury, not otherwise appropriated, to be laid out in the purchase of growing or other timber, or of lands on which timber is growing, suitable for the Davy, and to cause the proper measures to be taken to have the same preserved for the fu. ture uses of the navy:
ACT of April 23, 1800. (Vol. V. p. 108.) 14. Sect. I. From and after the first day of June next, the following rules and regulations shall be adopted and put in force, for the govern. ment of the navy of the united states.
ART. I. The commanders of all ships and vessels of war belonging to the navy, are strictly enjoined and required to shew in themselves a good example of virtue, honor, patriotism and subordination ; and be yigilant in inspecting the conduct of all such as are placed under their command; and to guard against, and suppress all dissolute and inmoral practices, and to correct all such as are guilty of them, according to the usage of the sea service.
15. ART. II. 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 manner twice a day, and a sermon preached on Sunday, unless bad weather, or other extraordinary accidents prevent it ; and they shall cause all or as many of the ship's company as can be spared from duty, to attend at every performance of the worship of Almighty God,
16. Art. III. Any officer, or other person in the navy, who shall be guilty of oppression, cruelty, fraud, profane swearing, drunkenness, or any other scandalous conduct, tending to the destruction of good morals, shall, if an officer, be cashiered, or suffer such other punishment as a court martial shall adjudge; if a private, shall be put in irons, or flogged at the discretion of the captain, not exceeding twelve lashes; but if the offence require severer punishment, he shall be tried by 2 çourt martial, and suffes such punishment as said court shall inflici,
17. ART. IV. Every commander or other officer who shall, upon signal for battle, or on the probability of an engagement, negiea ta clear his ship for action, or shall not use his utmost exertions to bring his ship to battle, or shall fail to encourage, in his own person, his irferior officers and men to fight courageously, such offender shall suffer death, or such other punishment as a court martial shall adjudge; or any officer neglecting, on sight of any vessel or vessels of an enemy, to clear his ship for action, shall suffer such punishment as a court martial shall adjudge : And if any person in the navy shall treacherously yield, or pusillanimously cry for quarters, he shall suffer death, pn conviction thereof by a general court martial.
Art. Y. Every officer or private who shall not properly observe the orders of his commanding officer, or shall not use his utmost exertions to carry them into execution, when ordered to prepare for, join in, or when actually engaged in 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 general court martial, suffer death, or such ether punishment as the said court shall adjudge,
ART. VI. Every officer or private who shall, through cowardice, negligence or disaffection, in time of action, withdraw from, or keep out of battle, or shall not do his utmost to take or destroy every vessel which it is his duty to encounter, or shall not do his utmost endeavor to afford relief to shịps belonging to the united states, every such of, fender shall, on convi&tion thereof by a general court martial, suffer death, or such other punishment as the said court shall adjudge.
18. ART, VII. The commanding officer of every ship or vessel in the navy, who shall 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 proceed, 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, in, serting 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.
19. Art. VIII, No person in the navy shall take out of a prize, or vessel seized as prize, any money, plate, goods, or any part of 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, concealment 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 pun ishment as a court martial, or the court of admiralty in which the prize is adjudged, shall impose.
Art, IX. No person in the navy shall strip off their clothes, or pillage, or in any manner maltreat persons taken on board a prize, on pain of such punishment as a court martial shall adjudge,
20. ART. X. No person in the navy shall give, hold, or entertain any intercourse or intelligence to or with any enemy or rebel, without leave from the president of the united states, the Secretary of the navy, the commander in chief of the fleet, or the commander of a squadron ; or in case of a vessel acting singly, from his commanding officer, on pain of death, or such other punishment as a court martial shall adjudge,
ART. XI. If any letter or message from an enemy or rebel, be conveyed to any oficer or private of the nayy, and he shall not, within twelve hours, make the same known, having opportunity so to do, to his superior or commanding officer; or if any officer commanding a ship or vessel, being acquainted therewith, shall not, with all convenient speed, reveal the same to the commander in chief of the fleet, commander of a squadron, or other proper officer whose duty it may be to take cognizance thereof, every such offender shall suffer death, or such other punishment as a court martia! shall adjudge.
21. Art. XII. Spies, and all persons who shall come or be found in the capacity of spies, or who shall bring or deliver any seducing leta ter or message from an enemy or rebel, or endeavor to corrupt any perg
Bon in the navy to betray his trust, shall suffer death, or such other punishment as a court martial shall adjudge. ,
Art. XIII. If any person in the navy shall make, or attempt to make any mutinous assembly, he shall, on conviction thereof by a court martial, suffer death ; and if any person as aforesaid shall uttter 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 utmost to suppress it, he shall be punished at the discretion of a court martial.
22. Art. XIV. No officer or private in the navy, shall disobey the lawful orders of his superior officer, or strike him, or draw, or 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.
23. Art. XV. No person in the navy shall quarrel with any other person in the navy, nor use provoking or reproachful words, ges, tures, or menaces, on pain of such punishment as a court martial shall adjudge,
24. ART. XVI. If any person in the navy shall desert to an enemy or rebel, he shall suffer death.
Art. XVII. If any person in the navy shall desert, or shall entice others to desert, he shall suffer death, or such other punishment 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 notice of such deserter to the commander of the vessel to which he belongs, or to the commander in chies, or to the commander of the squadron, he shall on conviction thereof be cashiered, or be punished at the discretion of a court martial.
25. All offences committed by persons belonging to the navy while on shore, shall be punished in the same manner as if they had been committed at sea.
26. ART. XVIII. If any person in the navy shall knowingly make or sign, or shall aid, abet, direct, or procure the making or signing of any false muster, or shall execute, or attempt, or countenance any fraud against the united states, he shall, on conviction, 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.
27. Art. XIX. If any officer, or other person in the navy, shall, through intention, 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.
28. Art, XX. If any person in the navy shall sleep upon his watch, or negligently perform the duty assigned him, or leave his station before regularly refieved, lie shall suffer death, or such punishment as a