raasters' corps of the navy, and he shall have authority, with the approval of the secretary of the navy, to procure clothing and other necessaries for the midshipmen, in the same manner as supplies are now furnished the navy, to be issued under such regulations as may be prescribed by the secretary of the navy. 2 March 1867. Storekeeper. Ibid. 28. of midshipmen. 183. The number of midshipmen allowed at the naval academy shall be one for every member and delegate of the house of representatives, one for the District of Columbia, Number and ten appointed annually at large, [and ten to be selected annually from boys enlisted in apportionment the navy, and who have been one year in the service on board a naval vessel, should so many be found qualified:] Provided, however, That the reduction in the number of midshipmen herein provided for shall not affect any already appointed, nor any vacancy already existing: And provided further, That so much of the act of July 14, 1862, and of July 16, 1862, as provides for the number of midshipmen that may be appointed to the naval academy be and the same is hereby repealed. 15 Stat. 280. tary. 184. That so much of the first section of the "Act making appropriations for the 1 March 1869 § 3. naval service for the year ending the 30th day of June 1853," (a) as declares that the salary of the secretary of the naval academy shall be twelve hundred and fifty dollars Salary of secreper annum, be and the same is hereby repealed; and the salary of said secretary, from and after the 30th day of June, 1868, shall be at the rate of fourteen hundred dollars per annum. Ibid. 4. 185. That so much of the eighth section of an act entitled "An act to amend certain acts in relation to the navy," approved March 2d 1867, and of any other act authorizing Apprentices not the annual selection of ten enlisted apprentices for appointment as midshipmen to the to be selected as naval academy, be and the same is hereby repealed. XII. NAVY PENSION FUND. midshipmen. 1 July 1864. 13 Stat. 414. Investment of the navy pension 186. That the secretary of the navy, as trustee of the naval pension fund, be and he is hereby authorized and directed, to cause to be invested in the registered securities of the United States, on the first day of January and the first day of July of each year, so much of the said fund then in the treasury of the United States, as may not be required fund. for the payment of naval pensions for the then current fiscal year; and upon the requisition of the said secretary, so much of the said fund as may not be required for such payment of pensions accruing during the current fiscal year, shall be held in the treasury on the days aforesaid in each year, subject to his order for the purpose of such immediate investment; and the interest payable in coin upon the said securities in which the said fund shall be invested, shall be so paid when due to the order of the secretary of the navy, and he is hereby authorized and directed to exchange the amount of such interest when paid in coin, for so much of the legal currency of the United States as may be obtained therefor at the current rates of premium on gold, and to deposit the said interest so converted, in the treasury, to the credit of the said naval pension fund: Provided, That nothing herein contained shall be construed to interfere with the payment of naval pensions under the supervision of the secretary of the interior, as now regulated by law. XIII. NAVY CONTRACTS. 12 Stat. 80. power to contract 87. Not more than three thousand dollars shall be expended at any navy yard in 22 June 1860 ₫ 1. repairing the hull and spars of any vessel, until the necessity and expediency of such repair, and the probable cost thereof, be ascertained and reported to the navy depart- Limitation of ment, by an examining board, to be composed of one captain or commander in the navy, for repairs. to be appointed by the secretary of the navy, the naval constructor of the yard where any vessel may be ordered for repairs, and two master workmen of such yard, or one master workman and an engineer of the navy, according to the nature of the repairs to be made; said master workman and engineer to be designated by the head of the bureau of construction and repairs. And not more than one thousand dollars shall be expended in repairs on the sails and rigging of any vessel until the expediency and necessity of such repairs, and the estimated cost thereof, have been ascertained and reported to the navy department by an examining board, to be composed of one naval officer, to be appointed by the secretary of the navy, and the master rigger and master sailmaker of the yard where such vessel may be ordered: (b) Provided, That the secretary of the navy cause a careful examination to be made, by naval officers, engineers and constructors, into the condition of the sailing-vessels of the navy, and the cost of giving them or any of them full steam power, together with the expediency of making such change, in view of the cost, condition, model and general character of such vessels so altered; and that the report of such officers, together with the secretary's views thereon, be communicated to congress at its next session. 22 June 1860. Estimates and expenditures for contingent expenses. 14 July 1862 % 1. 12 Stat. 562. Navy officers to make contracts, when practicable. Limitation of compensation of agents. 3 March 1863 2. 12 Stat. 828. defaulting con tractors to be rejected. Sureties. 188. The expenditures under the foregoing appropriations [for contingent expenses] shall be so accounted for as to show the disbursements by each bureau, under each respective appropriation: And provided further, That the estimates for expenditures for such purposes shall hereafter be given in detail. 189. In all cases where the officers of the navy can be made available, consistently with the public service, in making contracts for the charter of vessels and the purchase of additional steam-vessels, no other person or persons shall be employed; nor shall such officers, when so employed, receive any compensation in addition to their official pay. And when any other person or persons than an officer of the navy shall be employed, the compensation shall not exceed the sum of five thousand dollars, for all contracts for purchases or charters, in any one year, made under the provisions of this act. 190. The chief of any bureau of the navy department, in contracting for naval supplies, shall be at liberty to reject the offer of any person who, as principal or surety, Offers of previous has been a defaulter in any previous contract with the navy department; nor shall parties who have failed as principals or sureties in any former contract be received as sureties on other contracts; nor shall the copartners of any firm be received as sureties for such firm, or for each other; nor in contracts with the same bureau shall one contractor be received as surety for another; and every contract shall require the delivery of a specified quantity; and no bids having nominal or fictitious prices shall be considered. If more than one bid be offered by any one party, by or in the name of his or their clerk, partner or other person, all such bids may be rejected; and no person shall be received as a contractor who is not a manufacturer of, or regular dealer in, the articles which he offers to supply, who has not a license as such manufacturer or dealer. And all persons offering bids shall have the right to be present when the bids Certain bids may are opened and inspect the same: " Provided, That where articles are advertised and bid be rejected. Only one bid to be received. Who to be received as contractors. 2 March 1865 27. 13 Stat. 467. Contracts for buuting. 12 June 1858 1. 11 Stat. 315. When foreign hemp may be purchased. 18 July 1861 3. 12 Stat. 268. for in classes, and in the judgment of the head of the department, any one or more articles appear to be bid for at excessive or unreasonable prices exceeding ten per centum above their fair market value, he shall be authorized to reject such bid.”(a) 191. That so much of the proviso of the act of 3d March 1843, (b) entitled “An act making appropriations for the naval service for the half calendar year, beginning the first of January and ending the 30th day of June 1844," as requires that provisions, and all other materials of every name and nature, for the use of the navy, be furnished by contract with the lowest bidder, after advertisement, shall be and the same is hereby so far modified, that it shall not apply to bunting delivered for the use of the army and navy; that it shall be lawful for the secretary of war, the secretary of the navy, and the secretary of the treasury to enter into contract for bunting, of American manufacture, as their respective services require, for a period not exceeding one year, and at a price not exceeding that at which an article of equal quality can be imported. XIV. PURCHASE OF HEMP. 192. There shall not be purchased any larger quantity of hemp of foreign growth for the use of the navy than shall be required to meet the deficiency in the supply of the American article, as reported to the navy department, from quarter to quarter, by the agents appointed to procure the article of American growth: Provided further, That hemp of American growth of like quality, can be purchased at the same price as hemp of foreign growth. XV. MISCELLANEOUS PROVISIONS. 193. No patented article connected with marine engines shall be hereafter purchased or attached to, or used in connection with any steam-vessel of war, until the same shall Use of patented have been submitted to and officially recommended in writing for purchase and use, by a competent board of naval engineers. articles regulated. 5 August 1861 2. 12 Stat. 316. 194. Any commissioned officer of the army, navy or marine corps, who, having tendered his resignation, shall, prior to due notice of acceptance of the same by the proper Desertion of offi- authority, and without leave, quit his post or proper duties, with intent to remain permanently absent therefrom, shall be registered as a deserter, and punished as such. cers defined. 21 Dec. 1861 7. 12 Stat. 330. Medals of honor for gallant services. 17 July 1862 7. 12 Stat. 596, 195. That the secretary of the navy be and he is hereby authorized to cause two hundred "medals of honor" to be prepared, with suitable emblematic devices, which shall be bestowed upon such petty officers, seamen, landsmen and marines as shall most distinguish themselves by their gallantry in action, and other seamanlike qualities, during the present war. 196. That the president of the United States be and hereby is authorized and requested to dismiss and discharge from the military service, either in the army, navy or marine (a) So amended by act 4 July 1864 7. 13 Stat. 394. (b) 1 vol. 677, pl. 182. corps, or volunteer force in the United States service, any officer, for any cause which, 17 July 18€2. in his judgment, either renders such officer unsuitable for, or whose dismission would Dismissal of offpromote, the public service. cers. 197. That the secretary of the navy be and he is hereby authorized to purchase, in 3 March 183 3 4. such manner as he shall deem most advantageous to the government, the flour required 12 Stat. $18. for naval use; and to have the bread for the navy baked from this flour by special con- Manufacture of tract, under naval inspection. bread for the navy. 13 Stat. 343. 198. Any person who shall entice or procure, or attempt or endeavor to entice or 1 July 1864 1. procure, any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or who shall in any wise aid or Penalty for enticing seamen to assist any such seaman or other person in deserting, or in attempting to desert from desert. said naval service, or who shall harbor, conceal, protect or in any wise assist any such seaman or other person who may have deserted from said naval service, knowing him to have deserted therefrom, or who shall refuse to give up and deliver such person, on the demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than three years, and by fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. 199. That the proper accounting officers of the treasury be and they are hereby 4 July 1864 2 1. authorized, under the direction of the secretary of the navy, in settling the accounts of seamen and others, not officers, borne on the books of any vessel in the navy, which When missing shall have been wrecked, or which shall have been unheard from, so long that her wreck been deemed may be presumed, or which shall have been destroyed or lost, with the rolls and papers necessary to a regular and exact settlement of such accounts, to fix a day when such wreck, destruction or loss shall be deemed and taken to have occurred. 13 Stat. 389. vessel to have lost. Ibid. 2. men, how ad 200. That the proper accounting officers of the treasury be and they are hereby authorized, in settling the accounts of the petty officers, seamen and others, not officers, Accounts of petty on board of any vessel in the employ of the United States, which by any casualty, or in officers and seaaction with the enemy, has been or may be sunk or otherwise destroyed, together with justed. the rolls and papers necessary to the exact ascertainment of the several accounts of the same at the date of such loss, to assume the last quarterly return of the paymaster of any such vessel as the basis for the computation of the subsequent credits to those on board, to the date of such loss, if there be no official evidence to the contrary. Where such quarterly return has, from any cause, not been made, the said accounting officers are hereby authorized to adjust and settle said accounts on principles of equity and justice; and to allow and pay to each person, not an officer, employed on a vessel so Compensation for loss of personal sunk or otherwise destroyed, and whose personal effects have been lost, a sum not effects. exceeding sixty dollars as compensation for loss of his personal effects. (a) Ibid. 3. ment to be made. 201. In case of the death of such petty officer, seaman or other person not an officer, such payment shall be made to the widow, child or children, father, mother, brothers To whom payand sisters (jointly), in that order of preference, under such rules as the second comptroller of the treasury may prescribe; such credits and gratuity to be paid out of any money in the treasury not otherwise appropriated. 13 Stat. 533. of naval observa 202. That so much of the first section of the act of 3d August 1848, (b) entitled 3 March 1865 8 1. "An act making appropriations for the naval service for the year ending the 30th of June 1849," as requires that the superintendent of the naval observatory at Washington Superintendent city shall be a captain, commander or lieutenant in the navy, be and is hereby repealed, tory. and no officer of the navy employed as superintendent shall receive other than the shoreduty pay of his grade. 14 Stat. 14. lost property. 203. In case any officer of the navy or marine corps on board a vessel in the employ 6 April 1866 81. of the United States which, by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, shall thereby have lost his, personal effects, the Allowance for proper accounting officers are hereby authorized, with the approval of the secretary of the navy, to allow to such officer a sum not exceeding the amount of his sea pay for one month, as compensation for said loss: Provided, That such loss has not occurred through the negligence or want of skill or foresight of the officer making application for such loss: Provided, That the accounting officers shall in all cases require a schedule and certificate from the officer making the claim for effects so lost: And provided further, That no allowance shall be made by virtue of this act for any loss incurred prior to the 19th day of April 1861. (a) See infra 203. VOL. II.-30 (b) 1 vol. 679, pl. 200. Navy Department. 1. Assistant secretary to be appointed. Salary. 2. Commanders may be appointed heads of bureaus, &c. 3. Bureaus in the navy department. 4. Appointment of chiefs of bureaus. Salaries. Term of office. 5. Officers in secretary's office. 6 Bureau of yards and docks. 7. Bureau of equipment and recruiting. 8. Bureau of navigation. 9. Bureau of ordnance. 10. Bureau of construction and repair. 11. Bureau of steam engineering. 1. The president shall appoint, in the department of the secretary of the navy, by and with the advice and consent of the senate, a competent person, who shall be called the assistant secretary of the navy, whose salary shall be four thousand dollars, payable in the same manner as the salary of the secretary of the navy, who shall perform all such duties in the office of the secretary of the navy, belonging to that department, as shall be prescribed by the secretary of the navy, or as may be required by law, and who shall act as secretary of the navy in the absence of that officer. (a) 2. That the above entitled act (b) be and the same is hereby amended by inserting after the word "captain," where the same first occurs in said act, the words "or commander;" so that the president shall be authorized to select the superintendents of the several navy yards and heads of bureaus from the captains or commanders of the navy of the United States. 3. There shall be established in the navy department the following bureaus, to wit: I. A bureau of yards and docks. II. A bureau of equipment and recruiting. III. A bureau of navigation. IV. A bureau of ordnance. V. A bureau of construction and repair. VI. A bureau of steam engineering. VII. A bureau of provisions and clothing. VIII. A bureau of medicine and surgery. Ibid. 2. 4. The president of the United States, by and with the advice and consent of the Appointment of senate, shall appoint from the list of officers of the navy, not below the grade of comchiefs of bureaus. mander, a chief for each of the bureaus of yards and docks, navigation, equipment and Salaries. Term of office. Ibid. 3. Officers in secretary's office. Bureau of yards and docks. recruiting, and of ordnance; and shall in like manner appoint a chief of the bureau of construction and repair, who shall be a skilful naval constructor; and shall also appoint a chief of the bureau of steam engineering, who shall be a skilful engineer, and be selected from the list of chief engineers of the navy; and shall also appoint a chief of the bureau of medicine and surgery, who shall be selected from the list of the surgeons of the navy; and a chief of the bureau of provisions and clothing, who shall be selected from the list of paymasters of the navy of not less than ten years' standing; each of which chiefs of bureaus shall receive a salary of three thousand five hundred dollars per annum, unless otherwise heretofore provided for by law, (c) which shall be in lieu of all other compensation whatever. The said chiefs of bureaus to hold their said offices for the term of four years: Provided, That nothing herein contained shall be construed to affect any provision heretofore made by law for special cases. 5. The secretary of the navy shall appoint the following clerks and other officers, to wit: For the office of the secretary of the navy, a chief clerk, who shall receive a salary of two thousand two hundred dollars per annum; one clerk at a salary of eighteen hundred dollars, who shall also be disbursing clerk, with a salary of two hundred dollars; five clerks with a salary of sixteen hundred dollars each; three clerks with a salary of fourteen hundred dollars each; four clerks with a salary of twelve hundred dollars each; one messenger at nine hundred dollars per annum; one assistant messenger at seven hundred dollars, and two laborers at six hundred dollars each per annum. 6. For the bureau of yards and docks, one civil engineer, who shall receive a salary of two thousand dollars; one chief clerk at eighteen hundred dollars; (a) By act 20 July 1868, this office is to cease on the 4 March 1869, until re-established by law. 15 Stat. 103. (b) This is a supplement to the act of 27 March 1804 (1 vol. 682, * one pl. 1), which however only applies to the appointment of superintendents of navy yards. (c) See tit. "Navy,” 119. messenger at eight hundred and forty dollars; and two laborers at six hundred dollars 5 July 1862. each per annum. 7. For the bureau of equipment and recruiting, one chief clerk, who shall receive a Bureau of salary of eighteen hundred dollars; * * one messenger at a salary of eight hundred equipment and recruiting. and forty dollars. 8. For the bureau of navigation, one chief clerk at eighteen hundred dollars; one messenger at eight hundred and forty dollars. * Bureau of navigation. nance. 9. For the bureau of ordnance, [one assistant, to be selected from the commis- Bureau of ordsioned officers of the navy, with the pay of three thousand dollars per annum]; (a) one draughtsman at fourteen hundred dollars; * one messenger at eight hundred and * forty dollars per annum; and one laborer at six hundred dollars; and one laborer at four hundred and eighty dollars per annum. repair. 10. For the bureau of construction and repair, one chief clerk at a salary of eighteen Bureau of conhundred dollars a year; one draughtsman at fourteen hundred dollars per annum ; *struction and one messenger at a salary of eight hundred and forty dollars per annum; and one laborer at six hundred dollars per annum. * * 11. For the bureau of steam engineering, one chief clerk at a salary of eighteen Bureau of steam hundred dollars; one draughtsman at fourteen hundred dollars; engineering. one assistant draughtsman at twelve hundred dollars; one messenger at eight hundred and forty dollars salary per annum; and one laborer at six hundred dollars per annum. 12. For the bureau of provisions and clothing, one chief clerk with a salary of Bureau of eighteen hundred dollars; ** one messenger with a salary of eight hundred and forty dollars per annum; and one laborer with a salary of six hundred dollars per annum. 13. For the bureau of medicine and surgery, * * one messenger with a salary of eight hundred and forty dollars per annum. provisions and clothing. Bureau of medi cine and surgery. 14. For the protection of the building occupied by the department, one day watch- Watchmen and man and two night watchmen at a salary of six hundred dollars each per annum; and for the general care of the building, furnace and grounds, one laborer at a salary of six hundred dollars, and one laborer at a salary of three hundred and sixty dollars. laborers. Ibid. 4. 15. The secretary of the navy shall assign and distribute among the said bureaus such of the duties of the navy department as he shall judge to be expedient and proper; Distribution of and all of the duties of the said bureaus shall be performed under the authority of the duties. secretary of the navy, and their orders shall be considered as emanating from him, and shall have full force and effect as such. 17. The chiefs of the respective bureaus of the navy department shall be authorized to frank all communications from their respective bureaus; and all communications to Franking privitheir bureaus on the business thereof shall be free of postage. 16. All estimates for specific, general and contingent expenses of the department, and of the several bureaus, shall be furnished to the secretary of the navy by the chiefs Heads of bureaus of the respective bureaus, and all such appropriations shall be under the control and to furnish estiexpended by the direction of the secretary of the navy, and the appropriation for each bureau shall be kept separate in the treasury. Ibid. 25. mates. Ibid. 26. lege. 12 Stat. 565. 18. That the orders, regulations and instructions heretofore issued by the secretary 14 July 1862 2 5. of the navy, be and they are hereby recognised as the regulations of the navy department, subject, however, to such alterations as the secretary of the navy may adopt, with Regulations. the approbation of the president of the United States. 12 Stat. 586. 19. That the secretary of the navy be and he hereby is authorized to assign clerks and 16 July 18622 18. laborers attached to one bureau to duty in another; and also to detail a surgeon or assistant surgeon, or passed assistant surgeon, as assistant to the bureau of medicine and Secretary may surgery, who shall receive the highest shore pay of his grade. detail clerks, &c., to other bureaus. 14 Stat. 207. 20. The secretary of the navy is authorized to appoint in the several bureaus of his 23 July 1866 § 8. department, in addition to their chief clerks, and in lieu of the clerical force now authorized, clerks as follows, viz.: In the bureau of yards and docks, one clerk of class Clerks. four, who shall be the draughtsman, two clerks of class three, two clerks of class two and one clerk of class one; in the bureau of navigation, one clerk of class four and one clerk of class two; in the bureau of equipment and recruiting, one clerk of class four, two clerks of class three, two clerks of class two and three clerks of class one; in the bureau of ordnance, one clerk of class four, two clerks of class three and two clerks of class two; in the bureau of constructions and repairs, one clerk of class four, two clerks of class three, two clerks of class two and one clerk of class one; in the bureau of steam navigation, one clerk of class three; in the bureau of provisions and clothing, one clerk of class four, three clerks of class three, six clerks of class two and three clerks of class one; in the bureau of medicine and surgery, one clerk of class four and one clerk of class three. (a) The act 17 April 1866, § 6, abolishes the office of assistant in the bureau of ordnance. 14 Stat. 28. |